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117-s-1514 | II 117th CONGRESS 1st Session S. 1514 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Heinrich (for himself, Mr. Cornyn , and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To expedite detainee transport to border patrol processing facilities.
1. Short title This Act may be cited as the Border Transportation Efficiency Act . 2. Commercial driver program (a) Defined term In this section, the term remote border patrol station means a U.S. Border Patrol station located in an area within the United States along the international border between the United States and Mexico that is not within an area defined and designated by the Bureau of the Census as an urbanized area. (b) Establishment The Commissioner of U.S. Customs and Border Protection shall establish a program to expedite detainee transport to border patrol processing facilities by ensuring, beginning not later than 1 year after the date of the enactment of this Act, that— (1) not fewer than 300 U.S. Border Patrol agents assigned to remote border patrol stations have a commercial driver’s license with a passenger endorsement for detainee transport; (2) in each of the El Paso, Laredo, Rio Grande Valley, San Diego, Yuma, and Tucson U.S. Border Patrol Sectors— (A) not fewer than 5 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and (B) not fewer than 5 buses are assigned to the sector; and (3) in each of the Big Bend, Del Rio, and El Centro U.S. Border Patrol Sectors— (A) not fewer than 2 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and (B) not fewer than 3 buses are assigned to the sector. (c) Relocation Buses assigned to specific U.S. Border Patrol sectors pursuant to subsection (b) may be relocated to other sectors in response to changing migration patterns. (d) Reducing wait times at remote U.S. Border Patrol stations The Commissioner of U.S. Customs and Border Protection shall ensure that sufficient buses are available in each U.S. Border Patrol sector to avoid subjecting detainees to long wait times at remote border patrol stations. (e) Use of official duty time A U.S. Border Patrol agent shall be credited with work time for the process of obtaining and maintaining a commercial driver’s license under subsection (b). (f) Reports to Congress The Secretary of Homeland Security shall submit quarterly reports regarding the average length of detainees’ stay at U.S. Border Patrol stations to— (1) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (2) the Committee on Homeland Security of the House of Representatives . | https://www.govinfo.gov/content/pkg/BILLS-117s1514is/xml/BILLS-117s1514is.xml |
117-s-1515 | II 117th CONGRESS 1st Session S. 1515 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Heinrich (for himself, Mr. Cornyn , and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide a pay incentive for border patrol agents to complete emergency medical technician and paramedic training, and for other purposes.
1. Short titles This Act may be cited as the Remote, Emergency, Medical, Online Training, Telehealth, and EMT Act or the REMOTE Act . 2. Medical training for U.S. Border Patrol agents (a) In general Section 411 of the Homeland Security Act of 2002 ( 6 U.S.C. 211 ) is amended— (1) in subsection (l)— (A) by striking The Commissioner and inserting the following: (1) Continuing education The Commissioner ; and (B) by adding at the end the following: (2) Medical training for U.S. border patrol agents (A) In general (i) Availability Beginning not later than 6 months after the date of the enactment of the REMOTE Act , the Commissioner shall make available, in each U.S. Border Patrol sector, at no cost to U.S. Border Patrol agents selected for such training, emergency medical technician (referred to in this paragraph as EMT ) and paramedic training, including pediatric medical training, which shall utilize nationally recognized pediatric training curricula that includes emergency pediatric care. (ii) Use of official duty time A U.S. Border Patrol agent shall be credited with work time for any EMT or paramedic training provided to such agent under clause (i) in order to achieve or maintain an EMT or paramedic certification. (iii) Obligated overtime A U.S. Border Patrol agent shall not accrue any debt of obligated overtime hours that the agent may have incurred, pursuant to section 5550(b) of title 5, United States Code, in order to achieve or maintain a paramedic certification. (iv) Lodging and per diem Lodging and per diem shall be made available to U.S. Border Patrol agents attending training described in clause (i) if such training is not available at a location within commuting distance of the agent’s residence or worksite. (v) Service commitment Any U.S. Border Patrol agent who completes a certification preparation program pursuant to clause (i) shall— (I) complete 1 year of service as a U.S. Border Patrol agent following the completion of EMT training; (II) complete 3 years of service as a U.S. Border Patrol agent following the completion of paramedic training; or (III) reimburse U.S. Customs and Border Protection in an amount equal to the product of— (aa) the cost of providing such training to such agent; multiplied by (bb) the percentage of the service required under subclauses (I) and (II) that the agent failed to complete. (B) Increase in rate of pay for border patrol medical certification (i) Emt certification A U.S. Border Patrol agent who has completed EMT training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as an EMT shall receive, in addition to the pay to which the agent is otherwise entitled under this section, an amount equal to 5 percent of such pay. (ii) Paramedic certification A U.S. Border Patrol agent who has completed paramedic training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as a paramedic shall receive, in addition to the pay to which the agent is otherwise entitled under this section (except for subparagraph (A)), an amount equal to 10 percent of such pay. (iii) Existing certifications A U.S. Border Patrol agent who did not participate in the training made available pursuant to subparagraph (A)(i), but, as of the date of the enactment of the REMOTE Act , has a current State-issued or State-recognized EMT or paramedic certification, shall receive, in addition to the pay to which the agent is otherwise entitled under this section (excluding the application of clause (i) and (ii)), an amount equal to— (I) 5 percent of such pay for an EMT certification; and (II) 10 percent of such pay for a paramedic certification. (C) Availability of medically trained border patrol agents Not later than 6 months after the date of the enactment of the REMOTE Act , the Commissioner of U.S. Customs and Border Protection shall— (i) ensure that— (I) U.S. Border Patrol agents with current EMT or paramedic certifications are stationed at each U.S. Border Patrol sector and remote station along the southern border to the greatest extent possible; (II) not fewer than 10 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have EMT certifications; and (III) not fewer than 1 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have paramedic certifications; and (ii) in determining the assigned posts of U.S. Border Patrol agents who have received training under subparagraph (A)(i), give priority to remote stations and forward operating bases. (D) Medical supplies (i) Minimum list The Commissioner of U.S. Customs and Border Protection shall provide minimum medical supplies to each U.S. Border Patrol agent with an EMT or paramedic certification and to each U.S. Border Patrol sector, including all remote stations and forward operating bases, for use while on patrol, including— (I) supplies designed for children; (II) first aid kits; and (III) oral hydration, such as water. (ii) Consultation In developing the minimum list of medical supplies required under clause (i), the Commissioner shall consult national organizations with expertise in emergency medical care, including emergency medical care of children. (E) Motor vehicles The Commissioner of U.S. Customs and Border Protection shall make available appropriate motor vehicles to U.S. Border Patrol agents with current EMT or paramedic certifications to enable them to provide necessary emergency medical assistance. (F) GAO report Not later than 3 years after the date of the enactment of the REMOTE Act , the Comptroller General of the United States shall— (i) review the progress of the U.S. Customs and Border Protection’s promotion in reaching the goal of up to 10 percent of all U.S. Border Patrol agents having EMT or paramedic certifications; and (ii) provide a recommendation to Congress as to whether— (I) the Commissioner of U.S. Customs and Border Protection has effectively and vigorously undertaken an agency-wide effort to encourage and promote the mandate for medical training for U.S. Border Patrol agents under this paragraph; (II) additional incentive modifications are needed to achieve or maintain the goal, including pay differentials; and (III) the 10 percent goal is properly scoped to materially contribute to the preservation of life and the effectiveness and efficiency of U.S. Border Patrol operations, including whether the number is too high or too low. ; and (2) in subsection (r), by striking section, the terms and inserting the following: “section— (1) the term child means any individual who has not reached 18 years of age; and (2) the terms . (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out section 411(l)(2) of the Homeland Security Act of 2002, as added by subsection (a). 3. Identifying and treating individuals experiencing medical distress (a) Online training (1) In general Beginning on the date that is 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall require all U.S. Border Patrol agents, including agents with EMT or paramedic certification, to complete an online training program that meets nationally recognized standards for the medical care of children to enable U.S. Border Patrol agents— (A) to identify common signs of medical distress in children; and (B) to ensure the timely transport of sick or injured children to an appropriate medical provider. (2) Contract In developing or selecting an online training program under paragraph (1), the Commissioner may enter into a contract with a national professional medical association of pediatric medical providers. (b) Voice access to medical professionals (1) In general The Commissioner of U.S. Customs and Border Protection shall ensure that all remote U.S. Border Patrol stations, forward operating bases, and remote ports of entry along the southern border of the United States have 24-hour voice access to a medical command physician whose board certification includes the ability to perform this role or a mid-level health care provider with pediatric training for consultations regarding the medical needs of individuals, including children, taken into custody near the United States border. (2) Acceptable means of access Access under paragraph (1) may be accomplished through mobile phones, satellite mobile radios, or other means prescribed by the Commissioner. | https://www.govinfo.gov/content/pkg/BILLS-117s1515is/xml/BILLS-117s1515is.xml |
117-s-1516 | II 117th CONGRESS 1st Session S. 1516 IN THE SENATE OF THE UNITED STATES April 29, 2021 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend titles 23 and 49, United States Code, to encourage travel and tourism, and for other purposes.
1. Short title This Act may be cited as the Transportation Resources to Add Vital Economic Longevity Act or the TRAVEL Act . 2. Findings Congress finds that— (1) travel is the seventh-largest industry in the United States, with respect to employment; (2) the Department of Transportation document entitled National Travel and Tourism Infrastructure Strategic Plan FY 2020–2024 and dated January 2021— (A) states that— (i) the travel and tourism industry in the United States— (I) supports 1 out of 10 United States jobs; (II) accounts for— (aa) 2.9 percent of the annual gross domestic product; and (bb) more than 15,000,000 jobs; and (III) annually contributes $2,600,000,000,000 in economic activity across each State and territory; (ii) the national intermodal transportation network is the backbone of the travel and tourism industry, facilitating the large-scale movement of business and leisure travelers throughout the United States; (iii) the performance of the highway network, as in existence on the date of enactment of this Act, has been suboptimal for travel in urban areas of all sizes, leading to steadily increasing travel time in all urban areas, including— (I) small urban areas with a population of less than 500,000 individuals; and (II) very large urban areas with a population of more than 3,000,000 individuals; (iv) seamless, multimodal travel options are critical to supporting business and leisure travel in the United States; (v) (I) approximately 9 out of 10 long-distance passenger trips covering a distance of more than 50 miles involve the use of a personal vehicle; and (II) most tourist travel in the United States occurs in personal vehicles; (vi) (I) intercity buses and motor coaches are also significant modes of travel; and (II) in calendar year 2015, there were more than 600,000,000 passenger trips taken by motor coach, a number that represents— (aa) nearly as many passenger trips as were taken through United States airlines; and (bb) 20 times as many passenger trips as were taken on Amtrak; and (vii) (I) the usage of public roads as of the date of enactment of this Act is greater than such usage 30 years before that date of enactment; but (II) road capacity has increased by approximately 8 percent, while vehicle miles traveled has increased by approximately 50 percent; (B) forecasts that— (i) by 2023— (I) domestic long-distance trips will increase, as compared to 2018 levels, by 8.6 percent; and (II) leisure trips will comprise approximately 80 percent of all domestic trips in the United States each year; and (ii) by 2045, significant congestion is expected on many United States highways, which will greatly affect tourism travel, as passenger vehicles and motor coaches will be caught in congested highway stretches alongside major freight networks; (C) finds that international tourism across all countries— (i) increased from 1,000,000,000 trips during calendar year 2012 to 1,400,000,000 during calendar year 2018; and (ii) is estimated to increase to 1,800,000,000 or more trips during calendar year 2030; (D) describes financial barriers, including the findings that— (i) the Department of Transportation administers several funding programs, some of which apply models and approaches that typically emphasize peak-period commuting and freight movement, rather than temporary or seasonal visitation; and (ii) while travel and tourism trips may benefit from investments under the programs described in clause (i), areas with small resident populations but significant tourism traffic may not receive funding that corresponds to applicable demands on transportation infrastructure; and (E) includes strategies to improve intermodal connectivity, such as— (i) developing guidance and best practices to help States and metropolitan planning organizations to address the new travel and tourism planning factor; (ii) modernizing data collection and modeling and forecasting approaches for long-distance trips; (iii) assessing the means by which formula and discretionary funding programs of the Department of Transportation could benefit travel and tourism projects; and (iv) communicating key travel and tourism facilities and corridors; (3) 83 percent of all travel- and tourism-dependent businesses are small businesses; (4) the economic benefits of travel depend on the condition and performance of the national transportation network; and (5) as of the date of enactment of this Act, aging infrastructure, increased demand and congestion, poor or no multimodal connectivity, and a multitude of other challenges are— (A) impairing travel mobility in the United States; and (B) causing strain on the ability to sustain and grow the travel and tourism industry in the United States. 3. Nationally significant freight, highway, and transportation projects (a) In general Section 117 of title 23, United States Code, is amended— (1) in the section heading, by striking freight and highway and inserting freight, highway, and transportation ; (2) in subsection (a)— (A) in paragraph (1), by striking freight and highway and inserting freight, highway, and transportation ; and (B) in paragraph (2)(D), by striking freight ; (3) in subsection (d)— (A) in paragraph (1)(A)— (i) in clause (iii)(II), by striking or at the end; (ii) in clause (iv), by striking and at the end and inserting or ; and (iii) by adding at the end the following: (v) a surface transportation project eligible for Federal assistance under this title, if the Secretary determines that the project is— (I) functionally connected to, and increases the efficiency of, the National Highway Freight Network; or (II) carried out in accordance with the National Travel and Tourism Infrastructure Strategic Plan under section 1431(e) of Public Law 114–94 ( 49 U.S.C. 301 note); and ; (B) by striking paragraph (2); (C) by striking the subsection designation and heading and all that follows through Except as in the matter preceding subparagraph (A) of paragraph (1) and inserting the following: (d) Eligible projects Except as ; (D) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting the paragraphs appropriately; (E) in paragraph (1) (as so redesignated)— (i) by redesignating clauses (i) through (v) (as added by subparagraph (A)(iii)) as subparagraphs (A) through (E), respectively, and indenting the subparagraphs appropriately; and (ii) in each of subparagraphs (B), (C), and (E) (as so redesignated), by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; and (F) in paragraph (2) (as so redesignated)— (i) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; and (ii) in subparagraph (B) (as so redesignated), by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; (4) in subsection (e)(1)— (A) by striking subsection (d)(1)(A) and inserting subsection (d)(1) ; and (B) by striking subsection (d)(1)(B) and inserting subsection (d)(2) ; (5) by redesignating subsections (i) through (n) as subsections (j) through (o), respectively; (6) by inserting after subsection (h) the following: (i) Multistate corridor planning, operations, and management (1) Definition of multistate corridor organization In this subsection, the term multistate corridor organization means an organization— (A) that is— (i) comprised of— (I) States; and (II) applicable metropolitan planning organizations; and (ii) developed through cooperative agreements, coalitions, or other arrangements; and (B) the purpose of which is to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor. (2) Reservation The Secretary shall reserve not less than 10 percent of the amounts made available under this section for each fiscal year to make grants to multistate corridor organizations to promote regional cooperation and the planning of projects and activities to improve multimodal transportation system operations and management in critical transportation corridors. (3) Use of funds Funds reserved under paragraph (2) may be used— (A) to support— (i) multistate coordination for planning, development, and construction of major multimodal capital projects; and (ii) development of information technology and operations that improve the intermodal movement of freight and passengers; (B) to enhance coordination and implementation of interagency efforts in response to incidents; and (C) to develop a corridor-wide, multimodal traveler information system that provides agencies and travelers with accurate and timely information regarding incidents, congestion, and construction activity. (4) Considerations In making grants under this subsection, the Secretary shall— (A) give priority to projects located in corridors that— (i) are part of the Interstate System; or (ii) will be designated as part of the Interstate System after completion of the work described in an application received by the Secretary; and (B) take into consideration— (i) the extent to which— (I) a corridor provides a link between 2 existing segments of the Interstate System; (II) a project will facilitate regional mobility, accessibility, and economic growth and development in areas underserved by existing highway infrastructure; (III) international truck-borne commodities move through a corridor; and (IV) a project will make improvements to an existing segment of the Interstate System that will result in a decrease in congestion; (ii) the reduction in commercial and other travel time through a major freight corridor expected as a result of a project; and (iii) the value of the cargo carried by commercial vehicle traffic in a corridor and the economic costs arising from congestion in the corridor. ; and (7) in paragraph (1)(B) of subsection (n) (as so redesignated), by striking subsection (d)(1)(A)(iii) and inserting subsection (d)(1)(C) . (b) Technical amendment The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 117 and inserting the following: § 117. Nationally significant freight, highway, and transportation projects. . 4. Federal share payable Section 120(c) of title 23, United States Code, is amended by adding at the end the following: (4) Local or regional economic generator At the discretion of the applicable State, the Federal share payable on account of a project, program, or activity carried out with funds apportioned under section 104(b) may be up to 100 percent, if the Secretary determines that the project, program, or activity— (A) results in significant local or economic growth, including increased travel and tourism; (B) is— (i) included in the long-range transportation plan of the State under section 135; and (ii) recommended by the State travel and tourism advisory committee established under section 303(a) as a project, program, or activity of significance to local or regional economic development; or (C) would help achieve the goals of the National Travel and Tourism Infrastructure Strategic Plan under section 1431(e) of Public Law 114–94 ( 49 U.S.C. 301 note). . 5. Surface transportation block grant program Section 133(b) of title 23, United States Code, is amended by adding at the end the following: (16) Projects and programs to enhance travel and tourism and mitigate impacts on communities, including infrastructure improvements, intelligent transportation systems and signage, and strategies to support increased seasonal travel, accommodate future growth along major corridors for long-haul travel, improve the safety, efficiency, and reliability of long-haul travel, and enhance connectivity between and among modes of transportation and major destinations. . 6. Transportation planning (a) Title 23 amendments (1) Metropolitan Section 134(i)(2) of title 23, United States Code, is amended by adding at the end the following: (I) Travel and tourism strategies Capital investment and other strategies to enhance travel and tourism and mitigate impacts on communities, including infrastructure improvements and strategies to support increased seasonal travel, accommodate future growth along major corridors for long-haul travel, improve the safety, efficiency, and reliability of long-haul travel, and enhance connectivity between and among modes of transportation and major destinations. . (2) Statewide and nonmetropolitan Section 135 of title 23, United States Code, is amended— (A) in subsection (f)(3)(A)(ii), by inserting representatives of the travel and tourism industry, after services, ; and (B) in subsection (g)(3), by striking operators),, providers of freight transportation services, and inserting operators), providers of freight transportation services, representatives of the travel and tourism industry, . (b) Title 49 amendments (1) Scope of planning process Section 5303(h)(1) of title 49, United States Code, is amended— (A) in subparagraph (H), by striking and at the end; (B) in subparagraph (I), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (J) support travel and tourism, including interregional planning to address capacity, congestion, and multimodal options for travelers. . (2) Transportation plan Section 5303(i)(2) of title 49, United States Code, is amended by adding at the end the following: (I) Travel and tourism strategies Capital investment and other strategies to enhance travel and tourism and mitigate impacts on communities, including infrastructure improvements and strategies to support increased seasonal travel, accommodate future growth along major corridors for long-haul travel, improve the safety, efficiency, and reliability of long-haul travel, and enhance connectivity between and among modes of transportation and major destinations. . (3) Statewide and nonmetropolitan Section 5304 of title 49, United States Code, is amended— (A) in subsection (e), in the matter preceding paragraph (1), by striking the quotation marks before In ; (B) in subsection (f)(3)(A)(ii), by inserting representatives of the travel and tourism industry, after services, ; (C) in subsection (g)(3), by inserting representatives of the travel and tourism industry, after services, ; and (D) in subsection (i), by striking this this and inserting this . 7. Congestion mitigation and air quality improvement program Section 149(b) of title 23, United States Code, is amended— (1) in paragraph (8)(B), by striking or at the end; (2) in paragraph (9), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (10) if the project or program mitigates seasonal or temporary congestion from long-haul travel or tourism. . 8. National goals Section 150(b) of title 23, United States Code, is amended— (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) by striking paragraph (5) and inserting the following: (5) Freight movement To improve the National Highway Freight Network and strengthen the ability of rural communities to access national and international trade markets. (6) Economic vitality To support local and regional economic development and increased tourism, recreational, and business travel. . 9. National Travel Mobility Program (a) In general Chapter 1 of title 23, United States Code, is amended by inserting after section 154 the following: 155. National Travel Mobility Program (a) Definitions In this section: (1) Eligible project The term eligible project means any project described in section 133(b). (2) Long-haul travel The term long-haul travel means a trip consisting of not less than 50 miles from the point of origin to the point of destination. (3) Nonlocal visitor The term nonlocal visitor , with respect to a State, means an individual who— (A) does not permanently reside in the State; and (B) engages in long-haul travel in the State (including long-haul travel any portion of which occurs within the State) for a period that includes at least 1 overnight stay in the State. (4) Program The term program means the National Travel Mobility Program established under subsection (b). (b) Establishment (1) In general The Secretary shall establish a program, to be known as the National Travel Mobility Program , under which the Secretary shall distribute funds to States in accordance with subsection (c) to carry out eligible projects that, as determined by the Secretary— (A) alleviate congestion, improve reliability of travel time, and accommodate future growth along major corridors for long-haul travel; (B) improve the safety and efficiency of long-haul travel; (C) enhance connectivity between and among— (i) modes of transportation; and (ii) major destinations; and (D) achieve the goals of the National Travel and Tourism Infrastructure Strategic Plan under section 1431(e) of Public Law 114–94 ( 49 U.S.C. 301 note). (2) Purpose The purpose of the program shall be to develop long-term plans and capital improvements that ensure the efficient movement of people on the national transportation network. (c) Distribution In carrying out the program, the Secretary shall distribute to each State for each fiscal year an amount equal to the sum of— (1) the product obtained by multiplying— (A) the number of nonlocal visitors to the State during fiscal year 2019; and (B) $1.50; and (2) the product obtained by multiplying— (A) the number of residents of the State engaging in long-haul travel within the State during fiscal year 2019; and (B) $0.50. (d) Use of funds (1) In general A State shall use assistance received under the program— (A) to carry out 1 or more eligible projects in the State; or (B) to conduct long-term planning activities relating to enhancing national and regional travel mobility, in accordance with paragraph (2). (2) Long-term planning In conducting long-term planning activities under the program, a State (or a metropolitan planning organization on behalf of a State) shall— (A) act in accordance with any applicable requirements of a transportation improvement program under sections 134 and 135; and (B) identify projects and strategies to facilitate travel and tourism. (3) Federal share The Federal share of the cost of an eligible project shall be— (A) for an eligible project conducted on a unit of the National Park System or other Federal land, 100 percent of the total cost of the eligible project; and (B) for an eligible project conducted on land not described in subparagraph (A), 80 percent of the total cost of the eligible project. (e) National Multimodal Travel Infrastructure Network The Secretary shall use amounts made available to carry out the program to establish a network, to be known as the National Multimodal Travel Infrastructure Network , to identify surface transportation assets (including assets of the National Highway System, rail assets, transit systems, assets to provide access to Federal land, National Parks, and Scenic Byways) that are critical to facilitating the majority of long-haul travel to and within the United States. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary out of the Highway Trust Fund (other than the Mass Transit Account) $1,200,000,000 for each of fiscal years 2022 through 2026 to carry out the program, to be available for obligation, and subject to limitations, in the same manner as other projects on Federal-aid highways under this chapter. . (b) Technical amendment The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 154 the following: § 155. National Travel Mobility Program. . 10. State travel and tourism advisory committees (a) In general Chapter 3 of title 23, United States Code, is amended by inserting after section 302 the following: 303. State travel and tourism advisory committees (a) Establishment As a condition of receiving a grant under this chapter, a State shall establish or maintain a travel and tourism advisory committee, consisting of a balanced cross-section of public and private travel and tourism stakeholders representing all transportation modes, including— (1) travel and tourism industry product and service providers; (2) travel- and tourism-related associations; (3) destination marketing organizations; (4) State tourism offices; and (5) the travel- and tourism-related workforce. (b) Qualifications Each member of a State travel and tourism advisory committee shall have qualifications sufficient to represent the interests of the stakeholder group represented by the member, such as experience or qualifications relating to— (1) general business and finance; (2) travel and tourism; (3) tourism planning, safety, or workforce issues; (4) representing employees of the travel and tourism industry; or (5) representing units of State or local government or metropolitan planning organizations in transportation-related issues. (c) Duties Each State travel and tourism advisory committee established under subsection (a) shall— (1) advise the State with respect to travel- and tourism-related priorities, issues, projects, and funding needs; (2) serve as a forum for discussion for State transportation decisions affecting travel and tourism; (3) communicate and coordinate with other travel- and tourism-related organizations relating to regional priorities; (4) promote the sharing of information between the private and public sectors regarding travel and tourism issues; (5) participate in the development of the statewide transportation improvement program and long-range statewide transportation plan under section 135; and (6) not less frequently than annually, submit to the Members of Congress of the State a report that describes the travel- and tourism-related issues and needs of the State, including recommendations to address those issues and needs, if any. . (b) Technical amendment The analysis for chapter 3 of title 23, United States Code, is amended by inserting after the item relating to section 302 the following: § 303. State travel and tourism advisory committees. . 11. Office of Travel and Tourism Section 102 of title 49, United States Code, is amended by striking (h) The Department and inserting the following: (h) Office of Travel and Tourism (1) Establishment There is established in the Office of the Secretary of Transportation a separate office, to be known as the Office of Travel and Tourism (referred to in this subsection as the Office ). (2) Duties The duties of the Office shall be— (A) to plan, coordinate, and implement Department of Transportation-wide research, strategies, and actions to enhance travel and tourism; (B) to serve as the primary point of contact for the Department with respect to domestic travel and tourism issues, including funding for the improvement of travel and tourism infrastructure; (C) to carry out the recommendations in the National Travel and Tourism Infrastructure Strategic Plan under section 1431(e) of Public Law 114–94 ( 49 U.S.C. 301 note); (D) to update, not less frequently than once every 4 years, the plan referred to in subparagraph (C); (E) to facilitate communication among government, public, and private travel and tourism stakeholders; and (F) to carry out such other duties as the Secretary of Transportation may require. (i) Departmental seal The Department of Transportation . 12. Consolidated rail infrastructure and safety improvements Section 22907 of title 49, United States Code, is amended— (1) in subsection (c)— (A) by redesignating paragraphs (8) through (12) as paragraphs (9) through (13), respectively; and (B) by inserting after paragraph (7) the following: (8) A capital project to increase access to a travel or tourist destination. ; and (2) in subsection (e)(3)— (A) by striking demand, and any other and inserting the following: demand; and (E) any other ; and (B) in the matter preceding subparagraph (E) (as so designated), by striking may include the effects and inserting the following: may include— (A) local and regional economic development; (B) increased travel and tourism; (C) increased mobility between modes; and (D) the effects . 13. Multimodal grant selection requirement Notwithstanding any other provision of law (including regulations), in each notice of funding opportunity for the National Infrastructure Investment program of the Department of Transportation, the Secretary of Transportation shall select among eligible projects by evaluating the extent to which each eligible project provides significant benefits to a State, a metropolitan area, a region, or the United States, including the extent to which the eligible project— (1) improves the safety of transportation facilities and systems; (2) improves the condition of existing transportation facilities and systems; (3) contributes to economic competitiveness over the medium- to long-term, including by increasing travel and tourism; and (4) improves access to and between transportation facilities and systems. | https://www.govinfo.gov/content/pkg/BILLS-117s1516is/xml/BILLS-117s1516is.xml |
117-s-1517 | II 117th CONGRESS 1st Session S. 1517 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Merkley (for himself, Mr. Booker , Mr. Markey , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the use of funds for the operation or construction of family detention centers, and for other purposes.
1. Short title This Act may be cited as the Freedom for Families Act . 2. Findings Congress makes the following findings: (1) The Federal Government has intentionally separated and detained families seeking asylum in the United States purportedly to deter other foreign nationals from coming to the United States in the future. Such method of deterrence is ineffective, contrary to human rights norms, and likely violates United States and international law. (2) On September 7, 2018, the Secretary of Homeland Security issued a proposed rule entitled Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children (83 Fed. Reg. 45486 (September 7, 2018)) that attempted to circumvent a 1997 court agreement commonly known as the Flores Settlement Agreement to undermine current legal protections for children and families and increase family detention. (3) Detaining families in family residential centers can have long-term consequences on children, such as— (A) difficulty regulating emotions, achieving developmental milestones, and forming healthy relationships; (B) increased rates of anxiety, depression, and post-traumatic stress disorder; and (C) heightened risks of suicide and self-harm. (4) When family units are placed in family detention facilities— (A) family members experience feelings of isolation and increased stress; (B) the ability of the parents to care for their children is compromised by the constraints of detention; and (C) the detention setting creates barriers to— (i) accessing counsel and legal services; and (ii) successfully obtaining relief from removal. (5) Nondetention-based practices, such as family case management and community-based programs, are effective and humane alternatives to family detention. 3. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on the Judiciary and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives. (2) Detain With respect to an individual, the term detain means to compel an individual to stay in a location from which the individual cannot leave on his or her own free will. (3) Family residential center The term family residential center means a facility that detains 1 or more noncitizen families and that is directly operated by U.S. Immigration and Customs Enforcement or by a governmental or nongovernmental contractor for U.S. Immigration and Customs Enforcement. (4) Noncitizen The term noncitizen means an individual who is not a citizen or national of the United States. (5) Secretary The term Secretary means the Secretary of Homeland Security. 4. Prohibition on use of funds for family detention centers (a) In general Notwithstanding any other provision of law, none of the amounts made available after the date of the enactment of this Act for any fiscal year may be obligated or expended to operate or construct a family residential center, whether directly operated by U.S. Immigration and Customs Enforcement or by another governmental or nongovernmental contractor. (b) Previously authorized expenditures (1) In general Beginning on the date that is 30 days after the date of the enactment of this Act, none of the amounts made available before such date of enactment for the purpose of operating or constructing a family residential center may be used for such purpose. (2) Prohibition on transfer None of the amounts made available before the date of the enactment of this Act may be reprogrammed or transferred for the purpose of operating or constructing a family residential center. (c) Alternatives to detention (1) Transfer of funds Amounts obligated to operate a family residential center as of the date of the enactment of this Act shall be transferred for the implementation and development of appropriate community-based nondetention programs consistent with international best practices for noncitizen families. (2) Nonprofit entity contracting partner (A) In general The Secretary shall contract with 1 or more community-based qualified nonprofit service providers that have the trust of their communities for the operation of appropriate community-based nondetention programs. (B) Limitation on individuals who may serve as designees The Secretary may only designate the responsibility under subparagraph (A) to an individual employed by the Office of the Secretary. (3) Participation A noncitizen family entering the United States that is apprehended by the Secretary may be placed in a nondetention program under this subsection if the Secretary makes an individualized determination that participation in the program will facilitate the family's compliance with the immigration laws (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )). (4) Legal orientation To facilitate participant compliance with legal requirements, a nondetention program under this subsection shall include— (A) a legal orientation for each participant in the program; and (B) meaningful access to counsel. (5) Case management training (A) In general The Secretary shall provide case management training for all personnel of a nondetention program under this subsection, including personnel of— (i) the Department of Homeland Security; and (ii) the nonprofit entity contracted under paragraph (2). (B) Best practices The training under subparagraph (A) shall— (i) be based on international and social welfare best practices relating to immigration and refugee case management; and (ii) include consultation with civil society experts with expertise in case management. (d) Rule of construction Nothing in this Act may be construed to endorse the separation of noncitizen families who enter the United States at or between ports of entry. 5. Feasibility review of transferring Alternatives to Detention program The Secretary shall review the feasibility of transferring case management programs out of the purview of U.S. Immigration and Customs Enforcement and the Department of Homeland Security. | https://www.govinfo.gov/content/pkg/BILLS-117s1517is/xml/BILLS-117s1517is.xml |
117-s-1518 | II 117th CONGRESS 1st Session S. 1518 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Hoeven (for himself and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize appropriations for the United States-Israel Binational Agricultural Research and Development Fund.
1. United States-Israel Binational Agricultural Research and Development Fund Section 1458(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3291(e) ) is amended— (1) in paragraph (1), by striking entered into and inserting as entered into in 1977 ; and (2) by adding at the end the following: (3) Authorization of appropriations There are authorized to be appropriated to the BARD Fund such sums as are necessary to carry out activities under this subsection for each fiscal year. . | https://www.govinfo.gov/content/pkg/BILLS-117s1518is/xml/BILLS-117s1518is.xml |
117-s-1519 | II 117th CONGRESS 1st Session S. 1519 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide assistance to the hotel industry, and for other purposes.
1. Short title This Act may be cited as the Save Hotel Jobs Act . 2. Supporting hotel operators and workers through grants for payroll costs (a) Definitions In this section: (1) Covered period The term covered period , with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. (2) COVID–19 public health emergency The term COVID–19 public health emergency means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19. (3) Hotel owner or operator The term hotel owner or operator means a group which is primarily engaged in owning or operating an establishment known to the public as a hotel that provides lodging for the general public. (4) Laid-off employee The term laid-off employee means an individual whose employment with a hotel owner or operator has been terminated during the COVID–19 public health emergency. (5) Payroll costs The term payroll costs , with respect to a hotel owner or operator— (A) means, except as provided in subparagraph (B)— (i) the sum of payments of any compensation with respect to employees of the owner or operator that is— (I) a salary, wage, commission, or similar compensation; (II) a payment of cash tip or equivalent; (III) a payment for vacation, parental, family, medical, or sick leave; (IV) an allowance for dismissal or separation; (V) a payment required for the provisions of group health care or group life, disability, vision, or dental insurance benefits, including insurance premiums; (VI) a payment of any retirement benefit; or (VII) a payment of State or local tax assessed on the compensation of employees; and (ii) the sum of payments of any compensation with respect to employees paid by a hotel owner or operator to a third-party hotel management company operating the hotel that is compensation for any of the items described in subclauses (I) through (VII) of clause (i); and (iii) the sum of payments of any compensation provided by the hotel owner or operator to or as income of a sole proprietor or independent contractor that is a wage, commission, income, net earnings from self-employment, or similar compensation; and (B) shall not include— (i) with respect to an individual employee, any total payments described in subclauses (I) or (II) of subparagraph (A)(i) that are in excess of $100,000 on an annualized basis, as prorated for the period during which the payments are made or the obligation to make the payments are incurred; (ii) with respect to a sole proprietor or independent contractor, any total payments described in subparagraph (A)(iii) that are in excess of $100,000 on an annualized basis, as prorated as described in clause (i); (iii) taxes imposed or withheld under chapters 21, 22, or 24 of the Internal Revenue Code of 1986; (iv) any compensation of an employee whose principal place of residence is outside of the United States; (v) qualified sick leave wages for which a credit is allowed under section 7001 of the Families First Coronavirus Response Act ( Public Law 116–127 ); or (vi) qualified family leave wages for which a credit is allowed under section 7003 of the Families First Coronavirus Response Act ( Public Law 116–127 ). (6) Secretary The term Secretary means the Secretary of the Treasury or the Secretary's delegate. (b) Grants (1) In general The Secretary shall award grants under this section to hotel owners or operators for the purpose of assisting with payroll costs during the covered period in accordance with subsection (d). (2) Initial awards (A) In general Each hotel owner or operator that applies for an initial grant under this section and meets the requirements under subsection (c) shall, subject to funding available under subsection (h), receive such grant. (B) Amounts (i) In general The Secretary shall determine the amount of an initial grant awarded under this section on an individualized basis with respect to each hotel owner or operator and in accordance with this subparagraph. (ii) Standard maximum amount The maximum amount of an initial grant awarded under this section to a hotel owner or operator shall, except as provided in clause (iii), be the lesser of— (I) subject to clause (iv), $20,000,000; or (II) (aa) in the case of a grant with respect to a hotel that was operating for a 3-month period during calendar year 2019, the product obtained by multiplying by 3 the average total monthly payments for payroll costs of the hotel incurred in a 3-month period, selected by the owner or operator, during calendar year 2019; or (bb) in the case of a grant with respect to a hotel that was not operating for a 3-month period during calendar year 2019 and was operating for a 3-month period during calendar year 2020, the product obtained by multiplying by 3 the average total monthly payments for payroll costs of the hotel, incurred in a 3-month period, selected by the owner or operator, during calendar year 2020. (iii) Special circumstances (I) In general In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of— (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). (II) Operating in 2019 and 2020 In the case of a grant with respect to a hotel that was in operation in calendar years 2019 and 2020, but not in operation for a 3-month period in either of those calendar years, the applicable amount for purposes of subclause (I)(bb) is— (aa) the difference between— (AA) the product obtained by multiplying the average monthly gross receipts of the hotel in calendar year 2019 by 12; and (BB) the product obtained by multiplying the average monthly gross receipts of the hotel in 2020 by 12; or (bb) an amount based on a formula determined by the Secretary. (III) Operations beginning in 2020 and prior to submission of the application In the case of a grant with respect to a hotel that began operating during the period beginning on January 1, 2020, and ending on the day before the date on which the application for the grant was submitted under subsection (c) and that was not in operation for a 3-month period in calendar year 2020, the applicable amount for purposes of subclause (I)(bb) is— (aa) the total amount of fixed and operating expenses that were incurred for the hotel prior to the submission of the application minus any gross receipts received; or (bb) an amount based on a formula determined by the Secretary. (IV) Hotels not in operation as of submission of the application In the case of a grant with respect to a hotel that is not in operation on the date on which the application for the grant was submitted under subsection (c), but has incurred payroll costs as of the date of enactment of this Act, the amount applicable for purposes of subclause (I)(bb) is— (aa) the amount of such payroll costs; or (bb) an amount based on a formula determined by the Secretary. (iv) Reduction in award for PPP loans In the case that a hotel owner or operator receives a loan guaranteed under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) before, on, or after the date of enactment of this Act and is approved for a grant under this section, the amount of $20,000,000 applicable under clauses (ii)(I) and (iii)(I)(aa) shall be reduced by the total amount of loans to such owner or operator guaranteed under such paragraph (36) or (37) that is forgiven under— (I) section 1106 of the CARES Act (as in effect on the day before the date of enactment of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )); (II) section 7A of the Small Business Act ( 15 U.S.C. 636m ); or (III) paragraph (37)(J) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (3) Supplemental awards (A) In general The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID–19 pandemic. (B) Amount A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). (C) Qualified owners or operators An owner or operator may not receive a supplemental grant under this paragraph if the owner or operator was not in operation for the 3-month period in 2019 corresponding to the 3-month period following the disbursement of amounts from the initial grant under paragraph (2). (c) Eligibility To be eligible to receive a grant under this section, a hotel owner or operator shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall specify, including— (1) in the case of an application for an initial grant, an assurance that, if applicable, the hotel owner or operator had a decline of not less than 40 percent in gross receipts during any 3-month period in calendar year 2020, as compared to the same 3-month period in calendar year 2019; (2) an assurance the hotel owner or operator has a policy for providing recall rights as described in subsection (e); (3) an assurance that the hotel owner or operator will use the funds of the grant during the covered period in accordance with the requirement under subsection (d); and (4) an assurance that— (A) the hotel of the owner or operator was in operation on the date of enactment of this Act; or (B) if not in operation on such date, had incurred payroll costs as of such date. (d) Use of funds A hotel owner or operator receiving a grant under this section shall use the full amount of such grant during the covered period for payroll costs. (e) Recall rights (1) Policy (A) In general The policy described in this subsection shall, except as provided in paragraph (4), include a requirement that the hotel owner or operator offers to the laid-off employees of the hotel supported by the grant all positions which become available after the owner or operator receives funding under this section for which the laid-off employees are qualified, as described in subparagraph (C). (B) Form The policy described in this subsection shall be provided to laid-off employees in writing— (i) by registered mail to the last known physical addresses of such employees; and (ii) by email and text message to the extent the owner or operator possesses such information. (C) Qualifications for a position For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee— (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. (D) Priority system In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. In the case that more than 1 laid-off employee described in such clause (i), or more than 1 laid-off employee described in such clause (ii), is eligible for the same available position, the hotel owner or operator shall offer the position to the laid-off employee with the greatest continued length of service at the hotel at which the laid-off employee was previously employed. (E) Acceptance The hotel owner or operator shall allow a laid-off employee who is offered a position pursuant to the policy described in this subsection not less than 7 days from the date the offer is sent to the laid-off employee to accept or decline the offer. (F) Multiple conditional offers Under the policy described in this subsection, a hotel owner or operator may make simultaneous, conditional offers of employment to laid-off employees, with a final offer of employment conditioned on application of the priority system under subparagraph (D). (G) Additional circumstances covered by the policy A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. (iii) Substantially all of the assets of the hotel owner or operator were acquired by another entity which conducts the same or similar operations using substantially the same assets as the hotel owner or operator prior to the acquisition. (2) Rate of compensation A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. (3) Duration of rights The rights described in paragraphs (1) and (2) shall apply for a period that does not end prior to the date that is 2 years after the date of enactment of this Act. (4) Exceptions The rights under this subsection shall not apply— (A) in the case of a laid-off employee whose employment was terminated for cause; (B) in the case of a laid-off employee who has accepted another offer of employment after being recalled pursuant to a policy under this subsection; (C) in the case the position no longer exists due to a change in circumstances of the hotel; (D) in the case the hotel owner or operator has made an offer of recall in accordance with the requirements under this subsection and the laid-off employee refuses or does not accept the position within 5 days of when the offer is sent; or (E) in the case an applicable collective bargaining agreement waives the rights to recall under this subsection. (f) Tax treatment For purposes of the Internal Revenue Code of 1986— (1) amounts awarded through a grant under this section shall not be included in the gross income of the hotel owner or operator that receives such amounts; and (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1). (g) Regulations (1) In general The Secretary shall prescribe regulations to carry out this section, which shall include— (A) remedial measures, including— (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. (2) Consultation with Department of Labor With respect to the recall rights under subsection (e), the Secretary shall, in prescribing regulations and enforcing the requirements under this section, consult with the Secretary of Labor. (h) Authorization of appropriations There is authorized to be appropriated to the Secretary $20,000,000,000, for fiscal year 2021, to remain available until expended, to make grants under this section. 3. Personal Protective Equipment Tax Credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Personal Protective Equipment Credit (a) Allowance of credit For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. (b) Maximum credit The credit determined under this section with respect to any eligible taxpayer for any taxable year shall not exceed $25,000. (c) Definitions For purposes of this section— (1) Eligible taxpayer (A) In general The term eligible taxpayer means any person engaged in the business of owning or operating a qualified hotel. (B) Qualified hotel (i) In general The term qualified hotel means a lodging facility (as defined in section 856(d)(9)(D)(ii)) for which, with respect to each applicable month during the taxable year, the average number of hours worked by housekeeping staff at such facility during such month is greater than or equal to the average number of hours worked by the housekeeping staff at such facility during calendar year 2019 (as determined on an average monthly basis). (ii) Applicable month The term applicable month means any month beginning after the date of enactment of the Save Hotel Jobs Act . (C) Documentation requirements The Secretary may establish such documentation requirements as are necessary to determine eligibility for a credit under this section. (2) Qualified personal protective equipment expenses The term qualified personal protective equipment expenses includes amounts paid or incurred— (A) for the purpose of reducing the risk of Coronavirus Disease 2019 (COVID–19) transmission between people on the premises of an eligible hotel, including— (i) gloves, medical masks, N–95 respirators, eye protection, gowns and aprons, boots or closed-toe work shoes, cleaning detergents, hand sanitizers, cleaning products and tools, (ii) retrofitting or installation of equipment, and (iii) any other relevant expense the Secretary, in consultation with the Secretary of Health and Human Services, determines necessary, and (B) at any time during a year in which, with respect to COVID–19— (i) the President declares a national emergency under the National Emergencies Act ( 50 U.S.C. 1601 et seq.), or (ii) an emergency involving Federal primary responsibility is determined to exist by the President under the section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191(b) ). (d) Denial of double benefit No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (e) Denial of credit for counterfeit items No credit shall be allowed under this section with respect to any item if the Secretary determines such item to be counterfeit or sold or distributed in bad faith. . (b) Credit made 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 personal protective equipment credit determined under section 45U. . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: Sec. 45U. Personal Protective Equipment Credit. . (d) Effective date The amendments made by this section shall apply to expenses made or incurred after December 31, 2020, in taxable years ending after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s1519is/xml/BILLS-117s1519is.xml |
117-s-1520 | II 117th CONGRESS 1st Session S. 1520 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mrs. Gillibrand (for herself, Mr. Grassley , Ms. Ernst , Mr. Blumenthal , Mr. Cruz , Mrs. Shaheen , Ms. Baldwin , Mr. Van Hollen , Mr. King , Mr. Braun , Mr. Durbin , Ms. Duckworth , Mr. Bennet , Mr. Paul , Mr. Coons , Mr. Kelly , Mrs. Feinstein , Ms. Hirono , Ms. Klobuchar , Mr. Leahy , Ms. Warren , Mr. Wyden , Mr. Padilla , Mr. Menendez , Ms. Hassan , Ms. Lummis , Mr. Peters , Mr. Casey , Mrs. Capito , Mr. Warnock , Mr. Kaine , Mr. Tuberville , Ms. Smith , Mr. Heinrich , Ms. Cortez Masto , Mr. Brown , Mr. Hickenlooper , Mr. Warner , Ms. Collins , Mr. Booker , Mr. Tester , Mr. Merkley , and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military.
1. Short title This Act may be cited as the Military Justice Improvement and Increasing Prevention Act of 2021 . 2. Improvement of determinations on disposition of charges for certain offenses under UCMJ with authorized maximum sentence of confinement of more than one year (a) Improvement of determinations (1) Military departments With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c), the Secretary of Defense shall require the Secretaries of the military departments to provide as described in subsection (d) for the determinations as follows: (A) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. (B) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. (C) Determinations under section 834 of such chapter (article 34 of the Uniform Code of Military Justice) on the referral of charges. (2) Homeland security With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c) against a member of the Coast Guard (when it is not operating as a service in the Navy), the Secretary of Homeland Security shall provide as described in subsection (d) for the determinations as follows: (A) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. (B) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. (C) Determinations under section 834 of such chapter (article 34 of the Uniform Code of Military Justice) on the referral of charges. (3) Rule of construction This section shall not be construed to terminate or otherwise alter the authorities enumerated in any articles of the Uniform Code of Military Justice other than articles 30 and 34 ( 10 U.S.C. 830 , 834). (b) Covered offenses An offense specified in this subsection is an offense as follows: (1) (A) Offenses under the following sections of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), for which the maximum punishment authorized under that chapter includes confinement for more than one year: sections 893a, 917a, 918, 919, 919a, 919b, 920, 920a, 920b, 920c, 921, 921a, 921b, 922, 924, 924a, 924b, 925, 926, 927, 928(b) and (c), 928a, 928b, 930, 931, 931a, 931b, 931c, 931d, 931e, 931f, 931g, and 932 (articles 93a, 117a, 118, 119, 119a, 119b, 120, 120a, 120b, 120c, 121, 121a, 121b, 122, 124, 124a, 124b, 125, 126, 127, 128(b) and (c), 128a, 128b, 1230, 131, 131a, 131b, 131c, 131d, 131e, 131f, 131g, and 132, respectively, of the Uniform Code of Military Justice). (B) The offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution, as punishable under the general punitive article in 934 of such title (article 134 of the Uniform Code of Military Justice). (2) A conspiracy to commit an offense specified in paragraph (1) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice). (3) A solicitation to commit an offense specified in paragraph (1) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). (4) An attempt to commit an offense specified in paragraph (1) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (c) Excluded offenses Subsection (a) does not apply to an offense as follows: (1) An offense under sections 883 through 917 of title 10, United States Code (articles 83 through 117 of the Uniform Code of Military Justice), but not an offense under section 893a of such title (article 93a of the Uniform Code of Military Justice). (2) An offense under section 922a, 923, 923a, or 928(a) of title 10, United States Code (articles 122a, 123, 123a, and 128(a) of the Uniform Code of Military Justice). (3) An offense under section 933 or 934 of title 10, United States Code (articles 133 and 134 of the Uniform Code of Military Justice), but not the offense of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, or pandering and prostitution as punishable under the general punitive article in section 934 of such title (article 134 of the Uniform Code of Military Justice). (4) A conspiracy to commit an offense specified in paragraphs (1) through (3) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice). (5) A solicitation to commit an offense specified in paragraphs (1) through (3) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). (6) An attempt to commit an offense specified in paragraphs (1) through (3) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (d) Requirements and limitations The disposition of charges covered by subsection (a) shall be subject to the following: (1) The determination whether to cause charges to be preferred or refer such charges to a court-martial for trial, as applicable, shall be made by a commissioned officer of the Armed Forces designated as a court-martial convening authority in accordance with regulations prescribed for purposes of this subsection from among commissioned officers of the Armed Forces in grade O–6 or higher who— (A) are available for detail as trial counsel under section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice); (B) have significant experience in trials by general or special court-martial; and (C) are outside the chain of command of the member subject to such charges. (2) Upon a determination under paragraph (1) to refer charges to a court-martial for trial, the officer making that determination shall determine whether to refer such charges for trial by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice). (3) A determination under paragraph (1) to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall cover all known offenses, including lesser included offenses. (4) The determination to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, under paragraph (1), and the type of court-martial to which to refer under paragraph (2), shall be binding on any applicable convening authority for the referral of such charges. (5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. (6) The determination under paragraph (1) not to refer charges to a general or special court-martial for trial shall not operate to terminate or otherwise alter the authority of commanding officers to refer charges for trial by special court-martial under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice) or summary court-martial convened under section 824 of title 10, United States Code (article 24 of the Uniform Code of Military Justice), or to impose non-judicial punishment in connection with the conduct covered by such charges as authorized by section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice). (7) The determination under paragraph (1) to refer charges to a general or special court-martial shall not be subject to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), provided that the officer making the determination determines that— (A) the specification alleges an offense under the Uniform Code of Military Justice; (B) there is probable cause to believe that the accused committed the offense charged; and (C) a court-martial would have jurisdiction over the accused and the offense. (e) Construction with charges on other offenses Nothing in this section shall be construed to alter or affect the preferral, disposition, or referral authority of charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense for which the maximum punishment authorized under that chapter includes confinement for one year or less, except for the offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution as punishable under the general punitive article in section 934 of such title (article 134 of the Uniform Code of Military Justice). (f) Policies and procedures (1) In general The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall revise policies and procedures as necessary to comply with this section. (2) Uniformity The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. (g) Manual for Courts-Martial The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this section. (h) Improved specialization of criminal investigators The Secretary of Defense shall revise policies and procedures as necessary to improve specialization of criminal investigators to help increase the efficiency and effectiveness of sexual assault and domestic violence investigations. 3. Modification of officers authorized to convene general and special courts-martial for certain offenses under UCMJ with authorized maximum sentence of confinement of more than one year (a) In general Subsection (a) of section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), is amended— (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following new paragraph (8): (8) with respect to offenses to which section 2(a) of the Military Justice Improvement and Increasing Prevention Act of 2021 applies, the officers in the offices established pursuant to section 3(c) of that Act or officers in the grade of O–6 or higher who are assigned such responsibility by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, or the Commandant of the Coast Guard; . (b) No exercise by officers in chain of command of accused or victim Such section (article) is further amended by adding at the end the following new subsection: (c) An officer specified in subsection (a)(8) may not convene a court-martial under this section if the officer is in the chain of command of the accused or the victim. . (c) Offices of Chiefs of Staff on Courts-Martial (1) Offices required Each Chief of Staff of the Armed Forces or Commandant specified in paragraph (8) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as amended by subsection (a), shall establish an office to do the following: (A) To convene general and special courts-martial under sections 822 and 823 of title 10, United States Code (articles 22 and 23 of the Uniform Code of Military Justice), pursuant to paragraph (8) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as so amended, with respect to offenses to which section 2(a) applies. (B) To detail under section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A). (2) Personnel The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense, or such members of the Coast Guard or civilian personnel of the Department of Homeland Security, as may be detailed or assigned to the office by the Chief of Staff or Commandant concerned. The members and personnel so detailed or assigned, as the case may be, shall be detailed or assigned from personnel billets in existence as of the effective date for this Act specified in section 10. 4. Discharge using otherwise authorized personnel and resources (a) In general The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall carry out sections 2 and 3 using personnel, funds, and resources otherwise authorized by law. (b) No authorization of additional personnel or resources Sections 2 and 3 shall not be construed as authorizations for personnel, personnel billets, or funds for the discharge of the requirements in such sections. 5. Monitoring and assessment of modification of authorities by Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces Section 546(c) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 10 U.S.C. 1561 note) is amended— (1) in paragraph (1)— (A) by striking on the investigation and inserting “on the following: (A) The investigation ; and (B) by adding at the end the following new subparagraph: (B) The implementation and efficacy of sections 2 through 4 of the Military Justice Improvement and Increasing Prevention Act of 2021 and the amendments made by such sections. ; and (2) in paragraph (2), by striking paragraph (1) and inserting paragraph (1)(A) . 6. Limitation on modifications to sexual assault reporting procedures (a) In general The Secretary of Defense may not amend section 4 of enclosure 4 of Department of Defense Instruction (DoDI) 6495.02, relating to Sexual Assault Prevention and Response (SAPR) Program Procedures, or otherwise prescribe any regulations or guidance relating to the treatment and handling of unrestricted and restricted reports of sexual assault, until 30 days after notifying the congressional defense committees of the proposed amendment or modification. (b) Congressional defense committees defined In this section, the term congressional defense committees has the meaning given the term in section 101(a) of title 10, United States Code. 7. Professionalization of military prosecutors (a) In general The Secretary of Defense shall increase enhanced and specialized training to certain prosecutors on the proper conduct, presentation, and handling of sexual assault and domestic violence cases. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program implemented under subsection (a). 8. Increased training and education on military sexual assault (a) Uniformed officers and senior enlisted leaders (1) Uniformed officers All uniformed officers of the military services shall be required within 2 years of the date of the enactment of this Act to complete training on military sexual assault prevention equivalent to that provided to Sexual Assault Prevention and Response Victim Advocates before those officers may be considered for promotion to a grade at or above O–5. A portion of this training shall be in-person, facilitated training. (2) Enlisted leaders All senior enlisted leaders of the military services will be required within 2 years of the date of the enactment of this Act to complete a training on military sexual assault prevention equivalent to that provided to the Sexual Assault Prevention and Response Victim Advocates before enlisted service members may be considered for promotion to a grade at or above E–9. A portion of this training shall be in-person, facilitated training. (b) Officer candidates and ROTC (1) In general The United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall carry out a program for increasing training on the prevention of military sexual assault within cadet ranks. A portion of this training shall be in-person, facilitated training. (2) Report on development of plan Not later than 180 days after the date of the enactment of this Act, the United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall submit to the congressional defense committees a report on the development of the program required under paragraph (1) and a plan for execution. (3) Report on implementation Not later than 2 years after the date of the enactment of this Act, the United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall submit to the congressional defense committees a report on the implementation of the program required under paragraph (1). (c) Military service academies (1) In general The Superintendents of the military service academies shall carry out additional military sexual assault prevent training and education at the academies. A portion of this training shall be in-person, facilitated training. (2) Report The Secretary of Defense, in consultation with the Superintendents of the military service academies, shall submit a report to the congressional defense committees describing the additional training and education implemented pursuant to paragraph (1). 9. Increasing the physical security of military installations (a) Survey Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a survey of all lodging and living spaces on military installations to identify, replace, or repair locking mechanisms on points of entry, identify areas of installation of closed-circuit television (CCTV) security cameras, and other passive security measures as necessary to increase the prevention of crimes, including sexual assault, on military installations. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the survey conducted under subsection (a). (c) Program Based on the results of the survey conducted under subsection (a), the Secretary of Defense shall carry out a program for increasing the security of all lodging and living spaces on military installations, including replacing or repairing locking mechanisms on points of entry, installation of CCTV security cameras, and other passive security measures as necessary to increase the prevention of crimes, including sexual assault, on military installations. 10. Effective date and applicability (a) Effective date and applicability This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act, and shall apply with respect to any allegation of charges of an offense specified in subsection (b) of section 2, and not excluded under subsection (c) of section 2, which offense occurs on or after such effective date. (b) Revisions of policies and procedures Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1520is/xml/BILLS-117s1520is.xml |
117-s-1521 | II 117th CONGRESS 1st Session S. 1521 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Kaine (for himself, Mr. Moran , Mr. Warner , Mr. Cassidy , Mr. Casey , Mr. Rubio , 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 require certain civil penalties to be transferred to a fund through which amounts are made available for the Gabriella Miller Kids First Pediatric Research Program at the National Institutes of Health, and for other purposes.
1. Short title This Act may be cited as the Gabriella Miller Kids First Research Act 2.0 . 2. Transfer of funds to the Pediatric Research Initiative Section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 ) is amended by adding at the end the following: (h) Transfer of amounts (1) In general Except as provided under section 21F, the Secretary of the Treasury shall transfer to the Pediatric Research Initiative Fund described in section 9008(i)(2) of the Internal Revenue Code of 1986 (referred to in this subsection as the Fund ), an amount equal to the sum of all civil monetary sanctions, including penalties, disgorgement, and interest, recovered with respect to violations of this section and section 13(b)(2) from persons— (A) registered under subsection (b)(1) or (i)(1)(A)(i) of section 510 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360 ); (B) registered under subsection (b)(2) or (i)(1)(A)(ii) of section 510 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360 ); (C) that produce, manufacture, sell, transport, or distribute dietary supplements (as defined in section 201(ff) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff) )); or (D) that produce, manufacture, sell, transport, or distribute cosmetics (as defined in section 201(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(i) )). (2) Exception for funds to be paid to harmed investors Paragraph (1) shall not apply to any monetary sanction collected by the Commission in any judicial or administrative action brought by the Commission under the securities laws that is added to a disgorgement fund or other fund under section 308 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7246 ). (3) Application Amounts transferred to the Fund under this subsection shall be— (A) transferred in the manner described in section 9601 of the Internal Revenue Code of 1986; and (B) available as described in section 9008(i)(2) of such Code. . 3. Funding for the Pediatric Research Initiative (a) In general Section 402A(a)(2) of the Public Health Service Act ( 42 U.S.C. 282a(a)(2) ) is amended— (1) in the paragraph heading, by striking 10-year ; (2) by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives ; (3) by striking 10-Year ; and (4) by inserting before the period the following: , and amounts transferred into the Pediatric Research Initiative Fund under subsection (h) of section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 ) . (b) NIH Director Section 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ) is amended by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives . (c) Use of amounts for initiative Section 9008(i)(2) of the Internal Revenue Code of 1986 is amended by striking 10-year . 4. Coordination of NIH funding for pediatric research (a) Sense of Congress It is the sense of Congress that the Director of the National Institutes of Health should oversee and coordinate research that is conducted or supported by the National Institutes of Health for research on pediatric cancer and other pediatric diseases and conditions, including through the Pediatric Research Initiative Fund. (b) Avoiding duplication Section 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ) is amended by inserting and shall prioritize such pediatric research that does not duplicate existing research activities of the National Institutes of Health before ; and . | https://www.govinfo.gov/content/pkg/BILLS-117s1521is/xml/BILLS-117s1521is.xml |
117-s-1522 | II 117th CONGRESS 1st Session S. 1522 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Cornyn (for himself, Mr. Hagerty , Mr. Cotton , Mrs. Capito , Mr. Thune , Mr. Grassley , Mr. Shelby , Mr. Cruz , Mr. Crapo , Mr. Rubio , Mr. Hawley , Ms. Ernst , Mr. Moran , Mrs. Hyde-Smith , Mr. Barrasso , Mrs. Blackburn , Mr. Cassidy , Mr. Tillis , Ms. Lummis , Mr. Graham , Mr. Cramer , Mr. Scott of Florida , Mr. Risch , Mr. Inhofe , Mr. Braun , Mrs. Fischer , Mr. Boozman , Mr. Daines , Mr. Wicker , Mr. McConnell , and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To allow reciprocity for the carrying of certain concealed firearms.
1. Short title This Act may be cited as the Constitutional Concealed Carry Reciprocity Act of 2021 . 2. Reciprocity for the carrying of certain concealed firearms (a) In general Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: 926D. Reciprocity for the carrying of certain concealed firearms (a) In general Notwithstanding any provision of the law of any State or political subdivision thereof to the contrary— (1) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the individual to carry a concealed firearm, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that— (A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or (B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes; and (2) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and is entitled and not prohibited from carrying a concealed firearm in the State in which the individual resides otherwise than as described in paragraph (1), may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that— (A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or (B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. (b) Conditions and limitations The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. (c) Unrestricted license or permit In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, an individual carrying a concealed handgun under this section shall be permitted to carry a concealed handgun according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State. (d) Rule of construction Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms. . (b) Clerical amendment The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: 926D. Reciprocity for the carrying of certain concealed firearms. . (c) Severability Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. (d) Effective date The amendments made by this Act shall take effect 90 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1522is/xml/BILLS-117s1522is.xml |
117-s-1523 | II 117th CONGRESS 1st Session S. 1523 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Braun (for himself and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title XI of the Social Security Act and title XXVII of the Public Health Service Act to establish requirements with respect to prescription drug benefits.
1. Short title This Act may be cited as the Drug Price Transparency Act of 2021 . 2. Requirements for prescription drug benefits (a) Removal of safe harbor protection for rebates involving prescription drugs and establishment of new safe harbor protections involving prescription drugs (1) Removal of safe harbor protection for rebates involving prescription drugs Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended— (A) in paragraph (3)(A), by striking a discount and inserting subject to paragraph (5), a discount ; and (B) by adding at the end the following: (5) Removal of safe harbor protection for rebates involving prescription drugs The safe harbor described in paragraph (3)(A) shall not apply to a reduction in price or other remuneration from a manufacturer of prescription drugs to a sponsor of a prescription drug plan under part D of title XVIII, an MA organization offering an MA–PD plan under part C of such title, or a pharmacy benefit manager under contract with such a sponsor or such an organization and, except as provided in subparagraphs (L) and (M) of paragraph (3), paragraphs (1) and (2) shall apply to any such reduction in price or other remuneration. . (2) Establishment of new safe harbor protections involving prescription drugs Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3)) is amended— (A) in subparagraph (J), by striking and at the end; (B) in subparagraph (K), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (L) a reduction in price offered by a manufacturer of prescription drugs to a sponsor of a prescription drug plan under part D of title XVIII, an MA organization offering an MA–PD plan under part C of such title, or a pharmacy benefit manager under contract with such a sponsor or such an organization, that is reflected at the point of sale to the individual and meets such other conditions as the Secretary may establish; and (M) flat fee service fees a manufacturer of prescription drugs pays to a pharmacy benefit manager for services rendered to the manufacturer that relate to arrangements by the pharmacy benefit manager to provide pharmacy benefit management services to a health plan, if certain conditions established by the Secretary are met, including requirements that the fees are transparent to the health plan. . (3) Effective date The amendments made by this subsection shall take effect on January 1, 2023. (b) Requirements for private insurance plans (1) In general Part D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq.) is amended by adding at the end the following: 2799A–11. Requirements with respect to prescription drug benefits (a) In general A group health plan or a health insurance issuer offering group or individual health insurance coverage shall not, and shall ensure that any entity that provides pharmacy benefits management services under a contract with any such health plan or health insurance coverage does not, receive from a drug manufacturer a reduction in price or other remuneration with respect to any prescription drug received by an enrollee in the plan or coverage and covered by the plan or coverage, unless— (1) any such reduction in price is reflected at the point of sale to the enrollee and meets such other conditions as the Secretary may establish; and (2) any such other remuneration is a flat fee-based service fee that a manufacturer of prescription drugs pays to an entity that provides pharmacy benefits management services for services rendered to the manufacturer that relate to arrangements by the pharmacy benefit manager to provide pharmacy benefit management services to a health plan or health insurance issuer, if certain conditions established by the Secretary are met, including requirements that the fees are transparent to the health plan or health insurance issuer. (b) Entity that provides pharmacy benefits management services For purposes of this section, the term entity that provides pharmacy benefits management services means— (1) any person, business, or other entity that, pursuant to a written agreement with a group health plan or a health insurance issuer offering group or individual health insurance coverage, directly or through an intermediary— (A) acts as a price negotiator on behalf of the plan or coverage; or (B) manages the prescription drug benefits provided by the plan or coverage, which may include the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, controlling the cost of covered prescription drugs, or the provision of related services; or (2) any entity that is owned, affiliated, or related under a common ownership structure with a person, business, or entity described in paragraph (1). . (2) ERISA (A) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq.) is amended by adding at the end the following: 726. Requirements with respect to prescription drug benefits (a) In general A group health plan or a health insurance issuer offering group health insurance coverage shall not, and shall ensure that any entity that provides pharmacy benefits management services under a contract with any such health plan or health insurance coverage does not, receive from a drug manufacturer a reduction in price or other remuneration with respect to any prescription drug received by an enrollee in the plan or coverage and covered by the plan or coverage, unless— (1) any such reduction in price is reflected at the point of sale to the enrollee and meets such other conditions as the Secretary may establish; and (2) any such other remuneration is a flat fee-based service fee that a manufacturer of prescription drugs pays to an entity that provides pharmacy benefits management services for services rendered to the manufacturer that relate to arrangements by the pharmacy benefit manager to provide pharmacy benefit management services to a health plan or health insurance issuer, if certain conditions established by the Secretary are met, including requirements that the fees are transparent to the health plan or health insurance issuer. (b) Entity that provides pharmacy benefits management services For purposes of this section, the term entity that provides pharmacy benefits management services means— (1) any person, business, or other entity that, pursuant to a written agreement with a group health plan or a health insurance issuer offering group health insurance coverage, directly or through an intermediary— (A) acts as a price negotiator on behalf of the plan or coverage; or (B) manages the prescription drug benefits provided by the plan or coverage, which may include the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, controlling the cost of covered prescription drugs, or the provision of related services; or (2) any entity that is owned, affiliated, or related under a common ownership structure with a person, business, or entity described in paragraph (1). . (B) Clerical amendment The table of contents of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 725 the following: Sec. 725. Requirements with respect to prescription drug benefits. . (3) IRC (A) In general Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 9826. Requirements with respect to prescription drug benefits (a) In general A group health plan shall not, and shall ensure that any entity that provides pharmacy benefits management services under a contract with any such health plan does not, receive from a drug manufacturer a reduction in price or other remuneration with respect to any prescription drug received by an enrollee in the plan and covered by the plan, unless— (1) any such reduction in price is reflected at the point of sale to the enrollee and meets such other conditions as the Secretary may establish; and (2) any such other remuneration is a flat fee-based service fee that a manufacturer of prescription drugs pays to an entity that provides pharmacy benefits management services for services rendered to the manufacturer that relate to arrangements by the pharmacy benefit manager to provide pharmacy benefit management services to a health plan, if certain conditions established by the Secretary are met, including requirements that the fees are transparent to the health plan. (b) Entity that provides pharmacy benefits management services For purposes of this section, the term entity that provides pharmacy benefits management services means— (1) any person, business, or other entity that, pursuant to a written agreement with a group health plan, directly or through an intermediary— (A) acts as a price negotiator on behalf of the plan; or (B) manages the prescription drug benefits provided by the plan, which may include the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, controlling the cost of covered prescription drugs, or the provision of related services; or (2) any entity that is owned, affiliated, or related under a common ownership structure with a person, business, or entity described in paragraph (1). . (B) Clerical amendment The table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Sec. 9816. Requirements with respect to prescription drug benefits. . (4) Effective date The amendments made by paragraphs (1), (2), and (3) shall take effect on January 1, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s1523is/xml/BILLS-117s1523is.xml |
117-s-1524 | II 117th CONGRESS 1st Session S. 1524 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Braun (for himself, Mr. Grassley , Ms. Ernst , Mr. Barrasso , and Mr. Tillis ) 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 provide for hospital and insurer price transparency.
1. Short title This Act may be cited as the Health Care Prices Revealed and Information to Consumers Explained Transparency Act or the Health Care PRICE Transparency Act . 2. Price transparency requirements (a) Hospitals Section 2718(e) of the Public Health Service Act ( 42 U.S.C. 300gg–18(e) ) is amended— (1) by striking Each hospital and inserting the following: (1) In general Each hospital ; (2) by inserting , in plain language without subscription and free of charge, in a consumer-friendly, machine-readable format, after a list ; and (3) by adding at the end the following: “Each hospital shall include in its list of standard charges, along with such additional information as the Secretary may require with respect to such charges for purposes of promoting public awareness of hospital pricing in advance of receiving a hospital item or service, as applicable, the following: (i) A description of each item or service provided by the hospital. (ii) The gross charge. (iii) Any payer-specific negotiated charge clearly associated with the name of the third party payer and plan. (iv) The de-identified minimum negotiated charge. (v) The de-identified maximum negotiated charge. (vi) The discounted cash price. (vii) Any code used by the hospital for purposes of accounting or billing, including Current Procedural Terminology (CPT) code, the Healthcare Common Procedure Coding System (HCPCS) code, the Diagnosis Related Group (DRG), the National Drug Code (NDC), or other common payer identifier. (2) Delivery methods and use (A) In general Each hospital shall make public the standard charges described in paragraph (1) for as many of the 70 Centers for Medicaid & Medicare Services-specified shoppable services that are provided by the hospital, and as many additional hospital-selected shoppable services as may be necessary for a combined total of at least 300 shoppable services, including the rate at which a hospital provides and bills for that shoppable service. If a hospital does not provide 300 shoppable services in accordance with the previous sentence, the hospital shall make public the information specified under paragraph (1) for as many shoppable services as it provides. (B) Determination by CMS A hospital shall be deemed by the Centers for Medicare & Medicaid Services to meet the requirements of subparagraph (A) if the hospital maintains an internet-based price estimator tool that meets the following requirements: (i) The tool provides estimates for as many of the 70 specified shoppable services that are provided by the hospital, and as many additional hospital-selected shoppable services as may be necessary for a combined total of at least 300 shoppable services. (ii) The tool allows health care consumers to, at the time they use the tool, obtain an estimate of the amount they will be obligated to pay the hospital for the shoppable service. (iii) The tool is prominently displayed on the hospital’s website and easily accessible to the public, without subscription, fee, or having to submit personal identifying information (PII), and searchable by service description, billing code, and payer. (3) Definitions Notwithstanding any other provision of law, for the purpose of paragraphs (1) and (2): (A) De-identified maximum negotiated charge The term de-identified maximum negotiated charge means the highest charge that a hospital has negotiated with all third party payers for an item or service. (B) De-identified minimum negotiated charge The term de-identified minimum negotiated charge means the lowest charge that a hospital has negotiated with all third party payers for an item or service. (C) Discounted cash price The term discounted cash price means the charge that applies to an individual who pays cash, or cash equivalent, for a hospital item or service. Hospitals that do not offer self-pay discounts may display the hospital’s undiscounted gross charges as found in the hospital chargemaster. (D) Gross charge The term gross charge means the charge for an individual item or service that is reflected on a hospital’s chargemaster, absent any discounts. (E) Payer-specific negotiated charge The term payer-specific negotiated charge means the charge that a hospital has negotiated with a third party payer for an item or service. (F) Shoppable service The term shoppable service means a service that can be scheduled by a health care consumer in advance. (G) Standard charges The term standard charges means the regular rate established by the hospital for an item or service, including both individual items and services and service packages, provided to a specific group of paying patients, including the gross charge, the payer-specific negotiated charge, the discounted cash price, the de-identified minimum negotiated charge, the de-identified maximum negotiated charge, and other rates determined by the Secretary. (H) Third party payer The term third party payer means an entity that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. (4) Enforcement In addition to any other enforcement actions or penalties that may apply under subsection (b)(3) or another provision of law, a hospital that fails to provide the information required by this subsection and has not completed a corrective action plan to comply with the requirements of such subsection shall be subject to a civil monetary penalty of an amount not to exceed $300 per day that the violation is ongoing as determined by the Secretary. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A of the Social Security Act are imposed and collected. . (b) Transparency in coverage Section 1311(e)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(e)(3) ) is amended— (1) in subparagraph (A)— (A) by redesignating clause (ix) as clause (xii); and (B) by inserting after clause (viii), the following: (ix) In-network provider rates for covered items and services. (x) Out-of-network allowed amounts and billed charges for covered items and services. (xi) Negotiated rates and historical net prices for covered prescription drugs. ; (2) in subparagraph (B)— (A) in the heading, by striking use and inserting delivery methods and use ; (B) by inserting and subparagraph (C) after subparagraph (A) ; and (C) by inserting , as applicable, after English proficiency ; and (D) by inserting after the second sentence, the following: “The Secretary shall establish standards for the methods and formats for disclosing information to individuals. At a minimum, these standards shall include the following: (i) An internet-based self-service tool to provide information to an individual in plain language, without subscription and free of charge, in a machine readable format, through a self-service tool on an internet website that provides real-time responses based on cost-sharing information that is accurate at the time of the request that allows, at a minimum, users to— (I) search for cost-sharing information for a covered item or service provided by a specific in-network provider or by all in-network providers; (II) search for an out-of-network allowed amount, percentage of billed charges, or other rate that provides a reasonably accurate estimate of the amount an insurer will pay for a covered item or service provided by out-of-network providers; and (III) refine and reorder search results based on geographic proximity of in-network providers, and the amount of the individual’s cost-sharing liability for the covered item or service, to the extent the search for cost-sharing information for covered items or services returns multiple results. (ii) In paper form at the request of the individual that includes no fewer than 20 providers per request with respect to which cost-sharing information for covered items and services is provided, and discloses the applicable provider per-request limit to the individual, mailed to the individual not later than 2 business days after receiving an individual’s request. ; (3) in subparagraph (C)— (A) in the first sentence— (i) by striking The Exchange and inserting the following: (i) In general The Exchange ; (ii) by inserting or out-of-network provider after item or service by a participating provider ; and (iii) by inserting before the period the following: “the following information: (i) An estimate of an individual’s cost-sharing liability for a requested covered item or service furnished by a provider, which shall reflect any cost-sharing reductions the individual would receive. (ii) A description of the accumulated amounts. (iii) The in-network rate, including negotiated rates and underlying fee schedule rates. (iv) The out-of-network allowed amount or any other rate that provides a more accurate estimate of an amount an issuer will pay, including the percent reimbursed by insurers to out-of-network providers, for the requested covered item or service furnished by an out-of-network provider. (v) A list of the items and services included in bundled payment arrangements for which cost-sharing information is being disclosed. (vi) A notification that coverage of a specific item or service is subject to a prerequisite, if applicable. (vii) A notice that includes the following information: (I) A statement that out-of-network providers may bill individuals for the difference, including the balance billing, between a provider’s billed charges and the sum of the amount collected from the insurer in the form of a copayment or coinsurance amount and the cost-sharing information. (II) A statement that the actual charges for an individual's covered item or service may be different from an estimate of cost-sharing liability depending on the actual items or services the individual receives at the point of care. (III) A statement that the estimate of cost-sharing liability for a covered item or service is not a guarantee that benefits will be provided for that item or service. (IV) A statement disclosing whether the plan counts copayment assistance and other third-party payments in the calculation of the individual’s deductible and out-of-pocket maximum. (V) For items and services that are recommended preventive services under section 2713 of the Public Health Service Act, a statement that an in-network item or service may not be subject to cost-sharing if it is billed as a preventive service in the insurer cannot determine whether the request is for a preventive or non-preventive item or service. (VI) Any additional information, including other disclaimers, that the insurer determines is appropriate, provided the additional information does not conflict with the information required to be provided by this subsection. ; (B) by striking the second sentence; and (C) by adding at the end the following: (ii) Definitions Notwithstanding any other provision of law, for the purpose of subparagraphs (A), (B), and (C): (I) Accumulated amounts The term accumulated amounts mean the amount of financial responsibility an individual has incurred at the time a request for cost-sharing information is made, with respect to a deductible or out-of-pocket limit, including any expense that counts toward a deductible or out-of-pocket limit, but exclude any expense that does not count toward a deductible or out-of-pocket limit. To the extent an insurer imposes a cumulative treatment limitation on a particular covered item or service independent of individual medical necessity determinations, the amount that has accrued toward the limit on the item or service. (II) Historical net price The term historical net price mean the retrospective average amount an insurer paid for a prescription drug, inclusive of any reasonably allocated rebates, discounts, chargebacks, fees, and any additional price concessions received by the insurer with respect to the prescription drug. The allocation shall be determined by dollar value for non-product specific and product-specific rebates, discounts, chargebacks, fees, and other price concessions to the extent that the total amount of any such price concession is known to the insurer at the time of publication of the historical net price. (III) Negotiated rate The term negotiated rate means the amount a plan or issuer has contractually agreed to pay for a covered item or service, whether directly or indirectly through a third party administrator or pharmacy benefit manager, to an in-network provider, including an in-network pharmacy or other prescription drug dispenser, for covered items or services. (IV) Out-of-network allowed amount The term out-of-network allowed amount means the maximum amount an insurer will pay for a covered item or service furnished by an out-of-network provider. (V) Out-of-network limit The term out-of-network limit means the maximum amount that an individual is required to pay during a coverage period for his or her share of the costs of covered items and services under his or her plan or coverage, including for self-only and other than self-only coverage, as applicable. (VI) Underlying fee schedule rates The term underlying fee schedule rates mean the rate for an item or service that a plan or issuer uses to determine a participant’s, beneficiary’s, or enrollee’s cost-sharing liability from a particular provider or providers, when the rate is different from the negotiated rate. ; (4) in subparagraph (D), by striking subparagraph (A) and inserting subparagraphs (A), (B), and (C) ; and (5) by adding at the end the following: (F) Application of paragraph In addition to qualified health plans (and plans seeking certification as qualified health plans), this paragraph (as amended by the Health Care Prices Revealed and Information to Consumers Explained Transparency Act) shall apply to group health plans (including self-insured and fully insured plans) and health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act). . | https://www.govinfo.gov/content/pkg/BILLS-117s1524is/xml/BILLS-117s1524is.xml |
117-s-1525 | II 117th CONGRESS 1st Session S. 1525 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Markey (for himself, Ms. Warren , Mr. Wyden , Mr. Van Hollen , Mr. Blumenthal , Mrs. Gillibrand , Mr. Sanders , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a Federal agenda to transform, heal, and renew the United States by investing in a vibrant economy, to provide funds to certain Federal investment programs that meet related labor, equity, and environmental standards, and for other purposes.
1. Short title This Act may be cited as the Transform, Heal, and Renew by Investing in a Vibrant Economy Act or the THRIVE Act . 2. Purpose; policy goals; agenda (a) Purpose The purpose of this Act is to mobilize Federal efforts to respond, in a manner that is bold and holistic, to the urgent concurrent crises of racial injustice, the undermining of Tribal sovereignty, mass unemployment and economic inequality, the Coronavirus Disease 2019 pandemic, and climate change by establishing a national agenda to transform, heal, and renew the United States to create a society that enables and supports— (1) greater racial, Indigenous, gender, environmental, and economic justice; (2) dignified work opportunities; (3) healthy communities; (4) a stable climate; and (5) healthy ecosystems. (b) Policy goals It is the policy of the United States— (1) to create and sustain millions of good, safe, family-sustaining jobs with appropriate access to labor organizations; (2) to increase the power of workers to fight inequality in the workplace; (3) to invest in historically underserved and impacted communities, including Black, Tribal, Indigenous, Latinx, Arab, Asian, and Pacific Islander communities, to increase the capacity of those communities to counteract racial, ethnic, gender, and other social and economic injustices; (4) to strengthen and heal the nation-to-nation relationship between the United States and sovereign Indian Tribes; (5) to combat environmental injustice and ensure healthy lives for all people; (6) to avert further climate and environmental catastrophe; (7) to ensure fairness for workers and communities affected by economic transitions; and (8) to reinvest in public sector institutions that enable workers and communities to thrive. (c) Agenda (1) Establishment Not later than 120 days after the date of enactment of this Act, the President, in consultation with the Board, shall establish a 10-year plan, to be known as the Agenda to Transform, Heal, and Renew by Investing in a Vibrant Economy , in accordance with which the purpose and policy goals described in subsections (a) and (b), respectively, shall be achieved. (2) Submission The agenda established under paragraph (1) shall be submitted to— (A) the National Economic Council; and (B) the Office of Management and Budget for inclusion in each annual budget request submitted to Congress under section 1105 of title 31, United States Code, during the 10-year period covered by the agenda. 3. Definitions In this Act: (1) Administering agency The term administering agency means a Federal department or agency with administrative jurisdiction over a qualified investment program. (2) Board The term Board means the Transform, Heal, and Renew by Investing in a Vibrant Economy Recovery Board established under section 4(a). (3) Care worker The term care worker means any individual who provides paid or unpaid child care or dependent adult care, including— (A) a domestic worker; (B) a health care worker; (C) a home health aide; and (D) a nanny. (4) Environmental justice community (A) In general The term environmental justice community means a low-income or low-wealth community facing environmental injustice. (B) Inclusions The term environmental justice community includes any community that, as determined by the Board, in consultation with the White House Environmental Justice Advisory Council and the National Environmental Justice Advisory Council— (i) is located nearest to an existing area of grave environmental pollution and degradation; (ii) bears a burden of negative public health effects of pollution; (iii) includes 1 or more sites of— (I) a facility that is a part of a polluting industry; (II) a waste dump; or (III) a facility for resource extraction; (iv) experiences a high incidence of climate change impacts and extreme weather disasters; (v) has been excluded or harmed by racist or discriminatory policies that have resulted in economic or health disparities; (vi) has a land-based or food subsistence culture that is experiencing ecosystem disruption and devastation; (vii) faces relocation and resettlement resulting from— (I) climate change; (II) impacts to the environment and ecosystems; or (III) impacts associated with economic inequities; or (viii) is an Indigenous community. (5) Equity assessment The term equity assessment , with respect to an investment, program, plan, regulation, or operational decision, mean an assessment (which may include the assignment of an equity score)— (A) to evaluate the social, economic, and environmental impacts of the investment, program, plan, regulation, or decision on— (i) impacted communities; and (ii) environmental justice communities; and (B) the goals of which are— (i) to address historic inequality; (ii) to ensure an equitable outcome; (iii) to prevent further concentration of pollution in areas experiencing an already high concentration of a pollutant or other toxic substance; and (iv) to minimize inadvertent disproportionate social, economic, and environmental effects of the investment, program, plan, regulation, or decision. (6) Family-sustaining job The term family-sustaining job means an employment opportunity that provides an individual with a wage that is sufficient to cover necessary expenses for the family of the individual, such as food, medical care, child care, housing, and transportation, without requiring reliance by the family on financial assistance from any other source. (7) Federal spending program The term Federal spending program means any program, project, or other activity— (A) carried out by, or pursuant to a contract with, a Federal department or agency; and (B) for which Federal funds are made available. (8) High-road labor, equity, or environmental condition The term high-road labor, equity, or environmental condition means any condition on the provision of Federal funding for a qualified investment program, as established by the President, based on advice of the Board, under section 5(d)(3)(A). (9) Impacted community (A) In general The term impacted community means a community that is harmed by environmental, economic, or socioeconomic injustice. (B) Inclusions The term impacted community includes— (i) an environmental justice community; and (ii) a community that, as determined by the Board, in consultation with the White House Environmental Justice Advisory Council and the National Environmental Justice Advisory Council— (I) has a high concentration of low-income and low-wealth households, including households comprised primarily of members of groups that have historically experienced discrimination on the basis of race, gender, national origin, or ethnicity (including Black, Indigenous, Latinx, Arab, Asian, and Pacific Islander communities); or (II) faces economic transition, deindustrialization, historic underinvestment, and poverty. (10) Implementing entity The term implementing entity means any public or private entity (including any Federal, Tribal, State, or local agency and any firm, supplier, or subcontractor throughout the supply chain) that carries out a qualified investment program using public support. (11) Indian Tribe The term Indian Tribe means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian Tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 et seq.). (12) Indigenous community The term Indigenous community means— (A) an Indian Tribe; (B) a Native Hawaiian organization; (C) a State-recognized Indian tribe; (D) any reservation-based, urban Indigenous, or intertribal community, group, organization, or coalition; and (E) an Alaska Native village. (13) Public support (A) In general The term public support means any financial or in-kind contribution provided by the President under section 5 for the administration, development, or implementation of a qualified investment program carried out under this Act. (B) Inclusions The term public support includes— (i) technical support; (ii) grants; (iii) loans; (iv) investments; and (v) equity stakes. (14) Qualified investment program The term qualified investment program means any Federal spending program certified by the President pursuant to section 5(c). (15) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. 4. THRIVE Recovery Board (a) Establishment Not later than 60 days after the date of enactment of this Act, the President shall establish an advisory board, to be known as the Transform, Heal, and Renew by Investing in a Vibrant Economy Recovery Board , to advise the President and the heads of appropriate Federal departments and agencies regarding the implementation of this Act. (b) Membership (1) Composition The Board shall be composed of 20 members who, as determined by the President— (A) provide diverse and fair representation from— (i) impacted communities; (ii) allies identified by impacted communities; (iii) Indigenous communities; and (iv) labor organizations; and (B) are qualified, through education, training, and experience, to evaluate information relating to matters referred to the Board. (2) Appointment (A) In general The members of the Board shall be appointed by the President from among individuals recommended by interested individuals and entities. (B) Prohibition A member of the Board may not be an employee or former employee of the Federal Government. (3) Term; vacancies (A) Term A member of the Board— (i) shall be appointed to serve the Board for an initial term of 3 years; and (ii) may be reappointed to serve not more than 1 additional term of not longer than 3 years. (B) Vacancies A vacancy on the Board— (i) shall not affect the powers of the Board; and (ii) shall be filled in the same manner as the original appointment was made. (4) Chairperson The Board shall select a chairperson from among the members of the Board. (5) Initial meeting Not later than 14 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board. (6) Meetings The Board shall meet at the call of the chairperson. (7) Quorum A majority of members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (8) Treatment and compensation A member of the Board shall be— (A) a full-time employee of the Board; and (B) compensated at such rate as the President may establish, not to exceed the maximum amount of compensation payable to a member of the Senior Executive Service under section 5382(b) of title 5, United States Code. (c) Duties (1) Proposed criteria (A) Precertification and investment requirements Not later than 120 days after the date of enactment of this Act, the Board shall develop and submit to the President proposed criteria for— (i) precertification of existing Federal spending programs under section 5(c)(1)(A); and (ii) certification of existing and new Federal spending programs as qualified investment programs with respect to required investments, in accordance with section 5(d)(2). (B) High-road labor, equity, and environmental conditions (i) In general Not later than 180 days after the date of enactment of this Act, the Board shall develop and submit to the President proposed criteria for certification of existing and new Federal spending programs as qualified investment programs with respect to high-road labor, equity, and environmental conditions, in accordance with section 5(d)(3)(A). (ii) Public participation In developing the proposed criteria relating to high-road labor, equity, and environmental conditions under clause (i), the Board shall— (I) make the proposed criteria available for public comment; and (II) host public hearings and other direct engagement opportunities for impacted communities and Indigenous communities. (iii) Publication Not later than 190 days after the date of enactment of this Act, the President shall publish in the Federal Register the proposed criteria developed by the Board under clause (i). (2) Study (A) In general Not less frequently than annually, the Board shall conduct a study of all matters relating to qualified investment programs. (B) Inclusions The study conducted by the Board under subparagraph (A) shall include an evaluation of— (i) any legislative or administrative actions (including with respect to investment requirements and other criteria under section 5(d)) carried out under this Act during the period covered by the study; (ii) the degree to which qualified investment programs have contributed to achieving the policy goals described in section 2(b); (iii) the effectiveness of the criteria relating to investment requirements established under section 5(d)(2) in achieving those policy goals; and (iv) practicable modifications to those requirements to better achieve those goals. (3) Recommendations The Board shall develop recommendations regarding— (A) the method by which the President can effectuate the Agenda to Transform, Heal, and Renew by Investing in a Vibrant Economy established under section 2(c)(1) pursuant to the annual budget request submitted to Congress under section 1105 of title 31, United States Code; (B) the means by which Federal spending programs may be certified under section 5(d) as qualified investment programs to receive public support under this Act; (C) legislative and administrative actions (including with respect to investment requirements and other criteria) to best achieve the purpose and policy goals described in section 2; (D) the effectiveness of the criteria relating to investment requirements established under section 5(d)(2) in achieving those policy goals; and (E) modifications to those criteria, if any. (4) Reports (A) Study and recommendations (i) In general Not less frequently than annually, the Board shall submit to the President and Congress a report that contains— (I) a detailed statement of the findings and conclusions of the Board under paragraph (2); and (II) the recommendations of the Board under paragraph (3). (ii) Publication The President shall publish each report submitted by the Board under clause (i) in the Federal Register. (B) High-road labor, equity, and environmental conditions (i) In general Not less frequently than once every 2 years, the Board shall submit to the President and Congress a report assessing— (I) the degree of compliance by implementing entities with applicable high-road labor, equity, and environmental conditions; and (II) the relative efficacy of enforcement by administering agencies of those high-road labor, equity, and environmental conditions. (ii) Community impact assessments The Board shall conduct regular regional community impact assessments to gather information for each report submitted under clause (i). (d) Powers (1) Hearings The Board may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Board considers to be advisable to carry out this Act. (2) Information from agencies (A) In general The Board may secure directly from a Federal department or agency such information as the Board considers to be necessary to carry out this Act. (B) Provision of information On request of the chairperson of the Board, the head of a Federal department or agency shall provide any requested information to the Board. (3) Postal services The Board may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. (4) Gifts The Board may accept, use, and dispose of gifts or donations of services or property. (e) Inapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. 5. Transform, Heal, and Renew by Investing in a Vibrant Economy (THRIVE) qualified investment programs (a) Establishment (1) In general The President shall establish and carry out a program under which the President shall provide public support in accordance with this Act to implementing entities to carry out 1 or more qualified investment programs certified by the President, in consultation with the Board, under subsection (d). (2) Condition of receipt As a condition of receiving public support under this section, an implementing entity shall agree to carry out each applicable qualified investment program— (A) pursuant to a contract or agreement with the administering agency; and (B) subject to oversight by— (i) the administering agency; and (ii) the President, in consultation with the Board. (3) Authorization of appropriations There are authorized to be appropriated to the President to carry out the program under this section such sums as are necessary, but not less than $1,000,000,000,000, for each of fiscal years 2022 through 2032. (b) Targets In selecting implementing entities to receive public support under this section, the President shall ensure that, in the aggregate, the qualified investment programs funded under this section will enable— (1) the creation and support of not fewer than 15,500,000 family-sustaining jobs; (2) the achievement of— (A) full employment; and (B) economic security for all individuals; (3) the meaningful and measurable counteraction of racial, ethnic, Indigenous, gender, and other social, economic, and environmental injustices; (4) by not later than December 31, 2025, 100 percent of all newly constructed buildings in the United States (including territories) to be zero-emission buildings; (5) a rapid transition to ensure— (A) 100 percent of all new vehicles purchased in the United States (including territories) are zero-emission vehicles; and (B) the deployment of a nationwide network of zero-emission vehicle infrastructure; (6) by not later than December 31, 2030, the majority of the population of the United States (including territories) to reside within walking distance of frequent, high-quality, affordable, clean energy-powered or zero-emission public transit and bikeable and walkable transportation infrastructure to reduce emissions from the transportation sector; (7) by not later than December 31, 2035, the achievement of 100-percent clean energy generation throughout the United States (including territories), with priority given to deployment of renewable energy; and (8) by not later than December 31, 2035, the conversion of all school buses in operation in the United States as of that date (including diesel school buses) to zero-emission school buses. (c) Certification of Federal spending programs as qualified investment programs (1) Process (A) Regular certification (i) In general The President shall establish a process under which the President, in consultation with the Board, may certify, in accordance with this section, an existing or new Federal spending program that is the subject of a nomination under paragraph (2) as a qualified investment program. (ii) Precertification The process under clause (i) shall include a process for precertification by the President of existing Federal spending programs as qualified investment programs, if the President determines that the existing Federal spending programs are consistent with the policy goals described in section 2(b). (B) Expedited process for interim certification (i) In general Not later than 60 days after the date of enactment of this Act, the President, in coordination with the Director of the Office of Management and Budget, the Chairperson of the Council on Environmental Quality, and the White House Domestic Climate Advisor, shall establish an expedited process to provide interim certification of appropriate existing Federal spending programs as qualified investment programs for receipt of public support under this section to enable the rapid disbursal of funds urgently needed for economic recovery. (ii) Inclusion The expedited process established under clause (i) shall include an expedited process for nomination by interested Federal departments and agencies, Indian Tribes, stakeholders, and members of the public of existing Federal spending programs for interim certification under this subparagraph. (iii) Use of criteria The criteria described in subsection (d) shall apply to the expedited process established under clause (i). (2) Nominations (A) In general Not later than 240 days after the date of enactment of this Act, any interested Federal department or agency, Indian Tribe, stakeholder, or member of the public may submit to the President and the Board a nomination of an existing or new Federal spending program for certification as a qualified investment program under this subsection. (B) Effect The President may not certify a Federal spending program as a qualified investment program under this subsection unless the Federal spending program is the subject of a nomination submitted under subparagraph (A). (3) Certification (A) In general Not later than 300 days after the date of enactment of this Act, for each Federal spending program nominated under paragraph (2), the President, in consultation with the Board, shall— (i) determine whether the Federal spending program— (I) achieves compliance with the applicable criteria described in subsection (d); and (II) includes or establishes an environmental justice screening in accordance with subparagraph (B), for the purpose of preventing projects from concentrating pollution and disproportionate health and economic burdens on impacted communities; and (ii) on making a positive determination under each of subclauses (I) and (II) of clause (i)— (I) approve the nomination of the Federal spending program under paragraph (2); and (II) certify the Federal spending program as a qualified investment program for purposes of this Act. (B) Environmental justice screening An environmental justice screening under subparagraph (A)(i)(II) shall include an evaluation, over the lifecycle of the applicable Federal spending program, of— (i) lifecycle greenhouse gas emissions under the Federal spending program, including direct, indirect, and supply chain emissions, taking into consideration materials and operations; (ii) the cumulative toxic pollution emitted under the Federal spending program; (iii) resource depletion caused by the Federal spending program; (iv) the biodiversity and climate change impacts of the Federal spending program; and (v) the lifecycle social and cultural impacts of the Federal spending program. (C) Publication Each determination of the President under subparagraph (A) relating to a Federal spending program shall be published in the Federal Register, together with the rationale of the President and the Board for approving or disapproving the nomination of the Federal spending program. (4) Distribution of funding The President shall distribute to implementing entities the amounts made available to carry out this section, on an equitable basis pursuant to paragraph (5)— (A) as soon as practicable for each qualified investment program for which an interim certification is provided under the expedited process under paragraph (1)(B); and (B) by not later than 1 year after the date of enactment of this Act for each qualified investment program certified under paragraph (3). (5) Equitable allocation of funds In distributing amounts under paragraph (4), the President, in consultation with the Board, shall collaborate with the head of each administering agency to ensure that— (A) of the total amount of public support provided under this Act for qualified investment programs under the jurisdiction of the administering agency, not less than 50 percent shall be invested in impacted communities in a meaningful and measurable manner, subject to the condition that the public support shall be distributed— (i) proportionately, and with priority given to communities that have been disenfranchised from generational wealth— (I) to repair past harm; and (II) to advance equity; and (ii) based on a mandatory equity assessment— (I) to identify potential disproportionate impacts; and (II) to support more equitable outcomes of— (aa) investments; and (bb) programs, plans, regulations, and operational decisions; (B) the public support provided to the administering agency under this Act shall be equitably distributed across all States, based on population size and poverty level, subject to the condition that the shares of funding for each of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States shall be— (i) not less than proportional to the population of that jurisdiction; and (ii) responsive to the unique and specific challenges faced by the residents of those jurisdictions; and (C) Tribal, State, and local units of government shall be adequately funded to develop, administer, service, support, and monitor qualified investment programs, as applicable, to ensure that no unfunded mandate is imposed on those governments. (d) Criteria (1) Establishment The President shall establish such criteria as the President determines to be appropriate, in accordance with paragraphs (2) through (4) and taking into consideration the proposed criteria developed by the Board under section 4(c)(1), for— (A) the precertification of existing Federal spending programs under subsection (c)(1)(A)(ii); and (B) the certification of new Federal spending programs and existing Federal spending programs that receive precertification under subsection (c)(1)(A)(ii) as qualified investment programs under subsection (c)(3), if the Federal spending programs— (i) are consistent with the policy goals described in section 2(b); and (ii) achieve compliance with, as applicable— (I) the investment requirements described in paragraph (2); (II) the high-road labor, equity, and environmental conditions described in paragraph (3); and (III) the prohibitions described in paragraph (4). (2) Investment requirements To be eligible for certification as a qualified investment program under subsection (c), a Federal spending program shall invest in 1 or more of the following: (A) Infrastructure Upgrades to inadequate infrastructure and infrastructure operations to expand access to— (i) pollution-free, renewable, and affordable energy, including wind and solar energy; (ii) transportation; (iii) high-speed broadband internet; or (iv) drinking water and wastewater, particularly for public systems. (B) Social infrastructure Support of care workers and social infrastructure, by— (i) rebuilding vital public services; (ii) strengthening social infrastructure to address, mitigate, and adapt to crises; or (iii) expanding the low-carbon public health care infrastructure of the United States, including through investment in— (I) hospitals; (II) public or Tribal schools; (III) child care; (IV) home care or elder care; (V) mental health care; (VI) care workers; (VII) expanding access to quality, secure, affordable health care and homes; or (VIII) increasing jobs, employment protection, wages, and benefits for historically underpaid, unpaid, and undervalued care workers. (C) Housing Expanded access to housing, without displacing existing residents or community-serving entities, by— (i) investing in housing by modernizing and retrofitting homes, schools, offices, industrial buildings, and apartment buildings, including tenant-owned and community-owned properties— (I) to decrease pollution; and (II) to maintain affordability by decreasing costs to low-income communities and Indigenous communities; (ii) ensuring an increase in accessible units for individuals with disabilities and chronic illnesses; or (iii) mitigating and adapting to extreme weather impacts. (D) Ecosystems Supporting ecosystems, by— (i) protecting and restoring biodiversity or natural habitat, including wetlands, forests, prairies, deserts, aquifers, groundwater, public land, and Indian land; (ii) remediating pollution in impacted communities, including— (I) Superfund sites on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of that Act ( 42 U.S.C. 9605(a)(8)(B) ); (II) brownfield sites (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); and (III) abandoned fossil fuel infrastructure; or (iii) ensuring sustainable resource use. (E) Agriculture Supporting agriculture, by— (i) creating opportunities for family, Indigenous, and Black farmers and ranchers, rural communities, and urban agriculture, including by disentangling the hyperconsolidated food supply chain; (ii) supporting agroecology; (iii) supporting regenerative agriculture; or (iv) investing in local and regional food systems that support farmers, agricultural workers, healthy soil, and climate resilience. (F) Industry Developing and transforming the industrial base of the United States, while creating high-skill, high-wage manufacturing jobs and nonextractive, nature-based jobs and opportunities for locally and Tribally owned businesses throughout the United States, including by— (i) expanding manufacturing of clean technologies; (ii) reducing industrial pollution; and (iii) prioritizing domestic production for an investment described in clause (i) or (ii). (3) High-road labor, equity, and environmental conditions (A) Conditions To be eligible for certification as a qualified investment program under subsection (c), a Federal spending program shall achieve compliance with, as applicable, the following high-road labor, equity, and environmental conditions: (i) Empowering workers against inequality Increase the power of workers to oppose inequality by— (I) ensuring that no investment made under the Federal spending program degrades the quality of jobs or obstructs the right of workers— (aa) to form or join a labor organization; (bb) to bargain collectively over terms and conditions of employment; or (cc) to engage in other concerted activities for mutual aid or protection; (II) creating quality jobs that provide— (aa) family-sustaining job benefits and wages equal to not less than the greater of— (AA) $15 per hour; and (BB) the prevailing wage for jobs of a similar nature; (bb) the right of workers to form or join a labor organization and engage in collective bargaining, free of harassment and intimidation; (cc) child care support; (dd) not fewer than 84 days per calendar year of paid family leave; (ee) not fewer than 14 days per calendar year of paid sick leave; (ff) not fewer than 14 days per calendar year of paid vacation; (gg) robust worker safety standards; and (hh) the right of workers to not be disciplined or discharged except for just cause; (III) including all affected care workers and agricultural workers in worker protections and investments under the Federal spending program; (IV) advancing principles and policies that ensure or support— (aa) more effective and timely remedies in cases in which employers interfere with the rights of workers; (bb) expanded freedom for workers to organize without employer interference; (cc) requiring employers to submit to interest arbitration for purposes of establishing an initial collective bargaining agreement following the initial certification or recognition of a collective bargaining representative in any case in which, after a reasonable period, collective bargaining fails to produce an initial collective bargaining agreement; (dd) allowing collective bargaining agreements covering private-sector workers to include agency shop agreements, subject to the condition that those agreements shall be valid and enforceable, notwithstanding— (AA) section 14(b) of the National Labor Relations Act ( 29 U.S.C. 164(b) ); or (BB) any applicable State or territorial law; (ee) protecting strikes and other concerted worker activities, including by prohibiting permanent replacement of striking workers; and (ff) expansion of organizing and bargaining rights for workers; (V) with respect to the engagement of employers by the Federal spending program— (aa) avoiding the use of any employer that— (AA) misclassifies employees as independent contractors; or (BB) seeks to use a corporate structure to hinder collective bargaining on a companywide, regional, or national basis; and (bb) giving preference to the use of any employer that recognizes, and agrees to collectively bargain with, any labor organization that obtains written authorization from a majority of employees in any appropriate bargaining unit stating that the employees wish to be represented by the labor organization; (VI) using project labor agreements or community workforce agreements, where appropriate; (VII) supporting domestic job creation by applying and fortifying domestic content standards, such as the standards under chapter 83 of title 41, United States Code (formerly known as the Buy American Act ), including among contractors and subcontractors of a primary employer; (VIII) creating pathways of opportunity, particularly for priority groups described in subparagraph (B), including by supporting— (aa) community benefits agreements; (bb) local hire standards; (cc) high-road training partnerships; and (dd) access to registered apprenticeship and preapprenticeship programs in communities of all sizes across the United States; and (IX) where appropriate, using the rescission of a contract under the Federal spending program as an enforcement mechanism in any case in which an employer engaged by the Federal spending program has violated— (aa) a provision of an applicable contract; or (bb) a Federal labor or employment law (including regulations). (ii) Historically underserved and impacted communities Invest in historically underserved communities and impacted communities, to increase the power of those communities and counteract racial, ethnic, gender, and other social and economic injustices by— (I) ensuring no investment made under the Federal spending program— (aa) damages such a community; or (bb) reduces the ability of residents, businesses, and institutions of the community to live and operate with equity and dignity; (II) ensuring that those communities have— (aa) the ability to democratically plan, implement, and administer projects under the Federal spending program, where applicable, including through partnership with, and oversight by, community residents, scholars, and community-based organizations; and (bb) meaningful involvement in the implementation and governance of proposed activities under the Federal spending program; (III) including a mandatory equity assessment to identify potential disproportionate impacts and support more-equitable outcomes of investments, programs, plans, regulations, and operational decisions; (IV) addressing historic discriminatory practices in hiring, investment, and procurement by prioritizing local and equitable hiring and contracting that creates opportunities for priority groups described in subparagraph (B), including a requirement to hire and contract with members of those priority groups at a rate that is not less than twice the average rate reflected in the industry standard of that hiring; (V) including specific fair hire provisions, including those similar to Ban the Box provisions, that support traditionally marginalized workers; (VI) increasing equitable public education opportunities by including career and technical education pathways that prepare youth (especially youth who are members of historically marginalized communities or impacted communities) for high-quality jobs, including access to quality workforce training and registered apprenticeships; (VII) (aa) ensuring that any investment made under the Federal spending program to upgrade a building does not displace any existing resident or community-serving entity occupying the building; and (bb) investing in the creation of new low- or zero-emission public housing and affordable housing, including through community land trusts; (VIII) centering and uplifting historically underserved communities, impacted communities, and workers located in rural areas, including by developing provisions— (aa) to improve the status of impacted agricultural producers and workers; and (bb) for Federal spending programs carried out by the Department of Agriculture, to end the systematic mistreatment of those producers and workers by the Department; (IX) directing funds to support, create, and provide debt relief, where appropriate, to community-owned and operated organizations, including— (aa) electric cooperatives; (bb) worker-owned cooperatives engaging in sustainability initiatives; (cc) community land trusts; and (dd) publicly owned or community-owned entities, including— (AA) not-for-profit public power utilities; (BB) not-for-profit public water utilities; and (CC) tribally owned or operated utilities; and (X) directing funds to support and diversify local economies and create opportunities for entrepreneurship. (iii) Indian Tribes and indigenous communities Heal and reinforce the nation-to-nation relationship between the United States and Indian Tribes by— (I) carrying out the responsibilities of the administering agency described in section 6(b); (II) preserving and protecting sacred and cultural sites of significance to Indian Tribes and Indigenous communities in carrying out the Federal spending program; (III) providing significantly expanded funding to Indian Tribes and Indigenous communities for recovery and relief with respect to establishing sustainable economies and jobs based on the principle known as Indigenous Just Transition ; (IV) prioritizing investments in Tribal and local community-based projects that contribute to— (aa) improved infrastructure, health care, clean water, and sanitation; (bb) food sovereignty and agroecological farming; (cc) housing, with significantly expanded investments in local and community-based housing; and (dd) renewable energy; (V) providing equitable funding for environmental and ecosystems management, clean-up, and remediation of contaminated and hazardous sites on and near Indian land, including Federal and State land located near Indian land or Indigenous communities; (VI) addressing Tribal housing needs by— (aa) significantly expanding funding to meet housing and community development needs on Indian land, including needs relating to health, water, and sanitation; (bb) advancing the goals of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq.); and (cc) allowing for innovative and alternative community-based housing programs based on traditional Indigenous design, the use of local natural materials, and localized training and employment; and (VII) adequately and equitably addressing violence against Indigenous women, Indigenous trans women and femmes, and Indigenous children, in a manner that is inclusive of the inherent authority of Indian Tribes with respect to that violence. (iv) Environmental justice Combat environmental injustice and ensure healthy lives for all individuals by— (I) promoting and including meaningful involvement by impacted communities, particularly the most vulnerable environmental justice communities, in the implementation and governance of proposed programs and expenditures in a manner that aligns and is consistent with the principles entitled Jemez Principles for Democratic Organizing and dated December 1996; (II) holding polluting corporations accountable by establishing penalties and liabilities for historic, persistent, and concentrated pollution in environmental justice communities in a manner that ensures that the costs of those penalties and liabilities are not passed through to ratepayers, consumers, or workers; (III) prioritizing investment in remediation of polluted sites located in environmental justice communities, including— (aa) Superfund sites on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of that Act ( 42 U.S.C. 9605(a)(8)(B) ); (bb) brownfield sites (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); (cc) abandoned mines and factories; and (dd) retired fossil fuel, defense, and nuclear energy sites; (IV) reducing toxic pollution at the source and fortifying the regulation and accounting of the cumulative health impacts of toxic pollution; (V) developing provisions to increase equitable access to public health resources in historically underserved communities (including rural communities) and impacted communities; and (VI) recognizing the disproportionate burden of health impacts in historically underserved communities (including rural communities) and impacted communities and the historic disinvestment in public health resources, including public hospitals, mental health services, care worker services, and other facilities and services in those communities. (v) Climate and environment Avert additional climate and environmental catastrophe by— (I) ensuring that the Federal spending program supports the emissions reductions necessary— (aa) to maintain an increase in global temperature due to global warming of less than 1.5 degrees Celsius; and (bb) to achieve the targets described in subsection (b); (II) ensuring that the Federal spending program will not expand— (aa) the extraction, processing, or use of fossil fuels or uranium at any level of the supply chain; (bb) the use of emissions offsets; (cc) geoengineering; or (dd) the use of any other energy source that would not pass the environmental justice screening described in subsection (c)(3)(B); (III) investing in— (aa) the protection of ecosystems and biodiversity; and (bb) the sustainable use of natural resources; (IV) requiring the use of climate-resilient designs for infrastructure and low-emissions operations, as applicable; (V) requiring that materials shall be produced with high standards for environmental sustainability, including— (aa) technologically feasible limits on embodied greenhouse gas emissions; (bb) restrictions on toxic pollution; and (cc) requirements for sustainable resource use and the protection of ecosystems and biodiversity; (VI) requiring that materials and appliances meet high environmental performance standards, including standards relating to energy efficiency and climate resilience; (VII) ensuring that environmental standards apply across the international supply chain; and (VIII) supporting public and community-based services and actions for increased mitigation of, and adaptation to, the impacts of climate change, particularly in communities vulnerable to climate impacts, including flooding, storms, fires, sea-level rise, extreme heat or cold, and other impacts. (vi) Fairness during economic transition Ensure fairness for workers and communities affected by economic transitions by directing funding and support— (I) to displaced workers, including by providing— (aa) wage and benefit replacement for a period of not less than 5 years; (bb) housing assistance; (cc) fully funded pensions; (dd) support for crisis, trauma, and early retirement; (ee) skills training; (ff) education; and (gg) equitable job placement; (II) to cover local budget shortfalls due to the closure of facilities or a decline in economic activity; (III) to economic development and diversification in communities affected by economic transitions, including to address historic injustices, as determined by community- and worker-led planning processes; (IV) to ensure adequate physical and social infrastructure and services in economically transitioning communities, including— (aa) public health services; (bb) social services; (cc) child care and dependent adult care; and (dd) broadband internet investment; and (V) to the reorganization, conversion, reclamation, and remediation of closed and abandoned facilities and sites. (vii) Public institutions Reinvest in public institutions that enable all communities and workers to thrive by— (I) preventing privatization of— (aa) any public land, water, or natural resource; or (bb) existing public sector jobs; (II) prioritizing public educational institutions as centers of innovation and pathways to green collar jobs through investments in vocational and technical education in public schools, trade schools, and community colleges that connect to labor organization apprenticeship and other high-road jobs; (III) directing funding to support and expand public health care systems, public education, and other public services at the State and local levels to address the health, environmental, and socioeconomic impacts of climate crises, especially in impacted communities, including by supporting— (aa) climate mitigation efforts and resilience; and (bb) access to nature; and (IV) directing funding to institutional reforms that reorganize the process of Federal decisionmaking regarding the allocation of funds to make government investments more coordinated, effective, accountable to impacted communities, and appropriate to respond to the full scale of the major challenges expected to occur during the period of calendar years 2022 through 2032. (viii) THRIVE resolution Compliance with, as applicable— (I) the labor, equity, and environmental provisions described in Senate Resolution 43, 117th Congress, introduced on February 8, 2021; and (II) such additional, specific labor, equity, and environmental conditions as are required to make the resolution described in subclause (I) operable, as determined by the President, based on the advice of the Board under section 4(c)(1)(B). (B) Priority groups A priority group referred to in subparagraph (A) is any group comprised of low-income and low-wealth individuals, subject to the condition that highest priority shall be given to a group comprised of low-income and low-wealth individuals who have been excluded from economic opportunities, including individuals who are— (i) members of impacted communities; (ii) members of any other groups that have historically experienced discrimination on the basis of race, gender, national origin, or ethnicity (including Black, Indigenous, Latinx, Arab, Asian, and Pacific Islander communities); (iii) immigrants to the United States (regardless of immigration status); (iv) formerly incarcerated individuals; (v) women; (vi) LGBTQIAP+ individuals; (vii) individuals with disabilities or chronic illness; (viii) young or elderly; (ix) young adults exiting the foster care system; and (x) unhoused individuals. (4) Prohibitions To be eligible for certification as a qualified investment program under subsection (c), a Federal spending program shall not— (A) exacerbate any racial, Indigenous, gender, or income disparity; (B) privatize any public infrastructure, service, land, water, or natural resource; (C) violate human rights; (D) destroy any ecosystem; (E) decrease labor organization density or membership; (F) in any investment made under the Federal spending program to upgrade a building, displace any resident or community-serving entity occupying the building; or (G) invest or participate in the use of emissions offset or geoengineering programs. (e) Monitoring (1) In general The President, in consultation with the Board, shall monitor qualified investment programs that receive public support under this section to ensure that each qualified investment program— (A) contributes to the policy goals described in section 2(b); and (B) continues to achieve compliance with all applicable high-road labor, equity, and environmental conditions under subsection (d)(3). (2) Revocation The President shall revoke any public support provided under this section for a qualified investment program if the President determines that the qualified investment program— (A) fails to achieve compliance with subparagraph (A) or (B) of paragraph (1); or (B) displaces workers or depresses wages or benefits due to increased costs associated with participating in the public support program under this section. 6. Tribal sovereignty (a) Recognition Congress recognizes that— (1) the authority, obligations, and fiduciary trust responsibilities of United States to provide programs and services to Indians Tribes and individual Indians have been established in— (A) Acts of Congress; (B) treaties; and (C) jurisprudence; and (2) the United States and Indian Tribes have a unique legal and political relationship. (b) Responsibilities of administering agencies The head of each administering agency shall, in any relevant agency actions— (1) establish, by regulation, a special initiative that reflects and supports the relationship between the United States and Indian Tribes described in subsection (a)(2); (2) confirm that each Indian Tribe may exercise full and inherent civil regulatory and adjudicatory authority over all land and resources within the exterior boundaries of the reservation or other land subject to the jurisdiction of the Indian Tribe; (3) establish, by regulation, standards and procedural requirements— (A) to secure free, prior, and informed consent of Indian Tribes— (i) to agency actions that affect Indian land, water, livelihoods, and culture (including off-reservation treaty-reserved rights to hunting, fishing, gathering, and protection of, and access to, sacred sites); and (ii) on an ongoing basis, to any measure or other action carried out by the administering agency under this Act; and (B) to include consideration of the tangible and intangible cultural heritage, intellectual property, and traditional Indigenous knowledge of Indian Tribes and Indigenous communities in agency actions and programs; (4) take into consideration the provisions and standards contained in the United Nations Declaration on the Rights of Indigenous Peoples, dated September 13, 2007, without qualification; (5) (A) strengthen and support Tribal sovereignty by ensuring that all treaties and agreements with Indian Tribes and members of Indian Tribes and Indigenous communities are observed and respected in their entirety; and (B) protect and enforce that sovereignty by taking effective measures to extend the fiduciary trust responsibilities of the United States to Indian Tribes to— (i) environmental, socioeconomic, health, education, and agricultural issues; and (ii) trade issues between and among Indigenous communities, the United States, Canada, and Mexico; and (6) ensure that the standards, processes, and criteria for qualified investment programs of the administering agency, and the allocation of funds under those qualified investment programs, shall incur obligations relating to a mandatory set-aside of investments and funding for Indian Tribes and Indigenous communities. 7. Agency enforcement; GAO report (a) Agency enforcement Not later than 2 years after the date on which public support is initially provided to an administering agency under this Act, the head of the administering agency shall promulgate regulations, in consultation with the Board, to ensure that each qualified investment program of the administering agency achieves compliance with applicable high-road labor, equity, and environmental conditions, in accordance with existing authorities, by— (1) including in any contract with an implementing entity those high-road labor, equity, and environmental conditions; (2) ensuring that public implementing entities receive funding to adequately ensure compliance with applicable implementation, monitoring, compliance, and enforcement requirements in a manner that avoids establishing any unfunded mandate for a Tribal, State, or local government agency; (3) certifying, on an annual basis, that all implementing entities throughout the supply chain that benefit from support under the qualified investment program achieve compliance with all applicable high-road labor, equity, and environmental conditions; (4) issuing a warning and directives for corrective action relating to instances of noncompliance with applicable high-road labor, equity, and environmental conditions; (5) establishing a process for implementing entities to appeal the classification of an action as noncompliant with an applicable high-road labor, equity, or environmental condition; and (6) revoking public support from any implementing entity that fails to rectify an instance of noncompliance with a high-road labor, equity, or environmental condition, as applicable— (A) for a major instance of noncompliance, by the date that is 60 days after the date of receipt of a warning relating to that instance under paragraph (4); or (B) for a minor instance of noncompliance, by such deadline as the head of the administering agency, in consultation with the Board, may establish. (b) GAO report Not less frequently than once every 3 years, the Comptroller General of the United States shall prepare and publish a report assessing— (1) the degree of compliance by implementing entities with high-road labor, equity, and environmental conditions; and (2) the relative efficacy of enforcement by administering agencies of those high-road labor, equity, and environmental conditions. | https://www.govinfo.gov/content/pkg/BILLS-117s1525is/xml/BILLS-117s1525is.xml |
117-s-1526 | II 117th CONGRESS 1st Session S. 1526 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the use of off-highway vehicles in certain areas of the Capitol Reef National Park, Utah.
1. Use of off-highway vehicles in certain areas of the Capitol Reef National Park, Utah (a) Definitions In this section: (1) Covered road The term covered road means the portions of each of Burr Trail Road, Cathedral Road, Hartnet Road, Highway 24, Notom Bullfrog Road, Polk Creek Road, Oil Ranch Road, and Baker Ranch Road that are located within the boundaries of the Capitol Reef National Park in the State. (2) Off-highway vehicle The term off-highway vehicle has the meaning given the term in State law. (3) State The term State means the State of Utah. (b) Applicable law State law shall apply to the use of motor vehicles (including off-highway vehicles) on a covered road. | https://www.govinfo.gov/content/pkg/BILLS-117s1526is/xml/BILLS-117s1526is.xml |
117-s-1527 | II 117th CONGRESS 1st Session S. 1527 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend title 54, United States Code, to provide that State law shall apply to the use of motor vehicles on roads within a System unit.
1. Application of State law applicable to the use of motor vehicles on roads within a System unit (a) In general Subchapter II of chapter 1015 of title 54, United States Code, is amended by adding at the end the following: 101513. State law (a) Definitions In this section: (1) Off-highway vehicle The term off-highway vehicle shall be defined by the State in which the applicable System unit is located, in accordance with the law of the State. (2) Road The term road means the main-traveled surface of a roadway open to motor vehicles that is owned, controlled, or otherwise administered by the Service. (b) Applicable law The law of the State in which a System unit is located shall apply to the use of motor vehicles (including off-highway vehicles) on roads within a System unit. (c) Violations Violating a provision of State law applicable to a System unit under subsection (b) shall be prohibited in the applicable System unit. . (b) Clerical amendment The analysis for subchapter II of chapter 1015 of title 54, United States Code, is amended by adding at the end the following: 101513. State law. . | https://www.govinfo.gov/content/pkg/BILLS-117s1527is/xml/BILLS-117s1527is.xml |
117-s-1528 | II 117th CONGRESS 1st Session S. 1528 IN THE SENATE OF THE UNITED STATES May 10, 2021 Ms. Ernst (for herself, Ms. Sinema , and Mr. Lee ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Family and Medical Leave Act of 1993, to repeal certain limits on leave for married individuals employed by the same employer.
1. Short title This Act may be cited as the FAIR Leave Act or the Fair Access for Individuals to Receive Leave Act . 2. Repeal of certain time limitations on leave for spouses Section 102(f) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(f) ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s1528is/xml/BILLS-117s1528is.xml |
117-s-1529 | II 117th CONGRESS 1st Session S. 1529 IN THE SENATE OF THE UNITED STATES May 10, 2021 Mr. Schumer (for himself and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish safety standards for certain limousines, and for other purposes.
1. Short title This Act may be cited as the Safety, Accountability, and Federal Enforcement of Limos Act of 2021 or the SAFE Limos Act . 2. Limousine compliance with Federal safety standards (a) Limousine standards (1) Safety belt and seating system standards for limousines Not later than 2 years after the date of the enactment of this Act, the Secretary shall prescribe a final rule— (A) that amends Federal Motor Vehicle Safety Standard Numbers 208, 209, and 210 to require to be installed in limousines at each designated seating position, including on side-facing seats— (i) an occupant restraint system consisting of integrated lap shoulder belts; or (ii) an occupant restraint system consisting of a lap belt if the occupant restraint system described in clause (i) does not meet the need for motor vehicle safety; and (B) that amends Federal Motor Vehicle Safety Standard Number 207 to require limousines to meet standards for seats (including side-facing seats), seat attachment assemblies, and seat installation to minimize the possibility of their failure by forces acting on them as a result of vehicle impact. (2) Report on retrofit assessment for limousines Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that assesses the feasibility, benefits, and costs with respect to the application of any requirement established under paragraph (1) to a limousine introduced into interstate commerce before the date on which the requirement takes effect. (b) Safety regulation of limousines (1) In general Section 30102(a)(6) of title 49, United States Code, is amended— (A) in subparagraph (A), by striking or at the end; (B) in subparagraph (B), by striking the period and inserting ; or ; and (C) by adding at the end the following: (C) modifying a passenger motor vehicle (as such term is defined in section 32101) that has already been purchased by the first purchaser (as such term is defined in subsection (b)) by increasing the wheelbase of the vehicle so that the vehicle has increased seating capacity. . (2) Effective date The amendments made by paragraph (1) shall apply beginning on the date that is 1 year after the date of the enactment of this Act. (c) Limousine compliance with Federal safety standards (1) In general Chapter 301 of title 49, United States Code, is amended by inserting after section 30128 the following: 30129. Limousine compliance with Federal safety standards (a) Requirement Beginning on the date that is 1 year after the date of the enactment of this section, a limousine remodeler may not offer for sale, lease, or rent, introduce or deliver for introduction into interstate commerce, or import into the United States a new limousine unless the limousine remodeler has submitted to the Secretary a vehicle remodeler plan (or an updated vehicle remodeler plan required by subsection (b), as applicable) that describes how the remodeler is mitigating risks to motor vehicle safety posed by the limousines of the remodeler. A vehicle remodeler plan shall include the following: (1) Verification and validation of compliance with applicable motor vehicle safety standards. (2) Design, quality control, manufacturing, and training practices adopted by the limousine remodeler. (3) Customer support guidelines, including instructions for limousine occupants to wear seatbelts and limousine operators to notify occupants of the date and results of the most recent inspection of the limousine. (b) Updates Each limousine remodeler shall submit an updated vehicle remodeler plan to the Secretary each year. (c) Publicly available The Secretary shall make any vehicle remodeler plan submitted under subsection (a) or (b) publicly available not later than 60 days after the date on which the plan is received, except the Secretary may not make publicly available any information relating to a trade secret or other confidential business information (as such terms are defined in section 512.3 of title 49, Code of Federal Regulations (or any successor regulation)). (d) Review The Secretary may inspect any vehicle remodeler plan submitted by a limousine remodeler under subsection (a) or (b) to enable the Secretary to determine whether the limousine remodeler has complied, or is complying, with this chapter or a regulation prescribed or order issued pursuant to this chapter. (e) Rule of construction Nothing in this section may be construed to affect discovery, a subpoena or other court order, or any other judicial process otherwise allowed under applicable Federal or State law. (f) Definitions In this section, the following definitions apply: (1) Certified passenger motor vehicle The term certified passenger motor vehicle means a passenger motor vehicle that has been certified in accordance with section 30115 to meet all applicable motor vehicle safety standards. (2) Incomplete vehicle The term incomplete vehicle has the meaning given such term in section 567.3 of title 49, Code of Federal Regulations (or any successor regulation). (3) Limousine The term limousine means a motor vehicle— (A) that has a seating capacity of 9 or more persons (including the driver); (B) with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds; and (C) that the Secretary has determined by regulation has physical characteristics resembling— (i) a passenger car; (ii) a multipurpose passenger vehicle; or (iii) a truck with a gross vehicle weight rating of 10,000 pounds or less. (4) Limousine operator The term limousine operator means a person who owns or leases, and uses, a limousine to transport passengers for compensation. (5) Limousine remodeler The term limousine remodeler means a person who alters or modifies by addition, substitution, or removal of components (other than readily attachable components) an incomplete vehicle, a vehicle manufactured in two or more stages, or a certified passenger motor vehicle before or after the first purchase of the vehicle to manufacture a limousine. (6) Multipurpose passenger vehicle The term multipurpose passenger vehicle has the meaning given such term in section 571.3 of title 49, Code of Federal Regulations (or any successor regulation). (7) Passenger car The term passenger car has the meaning given such term in section 571.3 of title 49, Code of Federal Regulations (or any successor regulation). (8) Passenger motor vehicle The term passenger motor vehicle has the meaning given such term in section 32101. (9) Truck The term truck has the meaning given such term in section 571.3 of title 49, Code of Federal Regulations (or any successor regulation). . (2) Enforcement Section 30165(a)(1) of title 49, United States Code, is amended by inserting 30129, after 30127, . (3) Clerical amendment The table of sections for subchapter II of chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30128 the following: 30129. Limousine compliance with Federal safety standards. . (d) Limousine crashworthiness (1) Research Not later than 4 years after the date of the enactment of this Act, the Secretary shall complete research into the development of motor vehicle safety standards for side impact protection, roof crush resistance, and air bag systems for the protection of occupants for limousines with alternative seating positions, including perimeter seating arrangements. (2) Rulemaking or report (A) Crashworthiness standards (i) In general Not later than 2 years after the completion of the research required under paragraph (1), except as provided in clause (ii), the Secretary shall prescribe a final motor vehicle safety standard, for the protection of occupants in limousines with alternative seating positions, for each of the following: (I) Side impact protection. (II) Roof crush resistance. (III) Air bag systems. (ii) Requirements and considerations The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Secretary determines that such standard meets the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code. (B) Report If the Secretary determines that a standard described in subparagraph (A)(i) does not meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the reasons for not prescribing such standard. (e) Limousine evacuation (1) Research Not later than 2 years after the date of the enactment of this Act, the Secretary shall complete research into safety features and standards that aid evacuation in the event that one exit in the passenger compartment of a limousine is blocked. (2) Standards Not later than 3 years after the date of the enactment of this Act, the Secretary shall prescribe a final motor vehicle safety standard based on the results of the research under paragraph (1). (f) Limousine inspection disclosure (1) In general A limousine operator may not introduce a limousine into interstate commerce unless the limousine operator has prominently disclosed in a clear and conspicuous notice, including on the website of the operator if the operator has a website, the following: (A) The date of the most recent inspection of the limousine required under State or Federal law. (B) The results of the inspection. (C) Any corrective action taken by the limousine operator to ensure the limousine passed inspection. (2) Federal Trade Commission enforcement The Federal Trade Commission shall enforce this subsection 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 subsection. Any person who violates this subsection 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.). (3) Savings provision Nothing in this subsection shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (4) Effective date This subsection shall take effect 180 days after the date of the enactment of this Act. (g) Event data recorders for limousines (1) In general Not later than 2 years after the date of the enactment of this Act, the Secretary shall prescribe a final motor vehicle safety standard requiring the use of event data recorders for limousines. (2) Privacy protections Any standard prescribed under paragraph (1) pertaining to event data recorder information shall be consistent with the collection and sharing requirements under the FAST Act ( Public Law 114–94 ) and any other applicable law. (h) Definitions In this section, the following definitions apply: (1) Event data recorder The term event data recorder has the meaning given such term in section 563.5 of title 49, Code of Federal Regulations (or any successor regulation). (2) Limousine The term limousine has the meaning given such term in section 30129 of title 49, United States Code, as added by this section. (3) Limousine operator The term limousine operator has the meaning given such term in section 30129 of title 49, United States Code, as added by this section. (4) Limousine remodeler The term limousine remodeler has the meaning given such term in section 30129 of title 49, United States Code, as added by this section. (5) Motor vehicle The term motor vehicle has the meaning given such term in section 30102(a) of title 49, United States Code. (6) Motor vehicle safety standard The term motor vehicle safety standard has the meaning given such term in section 30102(a) of title 49, United States Code. (7) Secretary The term Secretary means the Secretary of Transportation. (8) State The term State has the meaning given such term in section 30102(a) of title 49, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s1529is/xml/BILLS-117s1529is.xml |
117-s-1530 | II 117th CONGRESS 1st Session S. 1530 IN THE SENATE OF THE UNITED STATES May 10, 2021 Mr. Sanders (for himself, Mrs. Gillibrand , Ms. Warren , Mr. Padilla , Mr. Blumenthal , Mr. Booker , Mr. Van Hollen , Ms. Smith , Mr. Wyden , Mr. Heinrich , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act to make breakfasts and lunches free for all children, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Universal School Meals Program 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. Effective date. TITLE I—School Breakfast Program Sec. 101. Free school breakfast program. TITLE II—School Lunch Program Sec. 201. Apportionment to States. Sec. 202. Nutritional and other program requirements. Sec. 203. Special assistance program. Sec. 204. Price for a paid lunch. Sec. 205. Summer food service program for children. Sec. 206. Summer Electronic Benefit Transfer for Children Program. Sec. 207. Child and adult care food program. Sec. 208. Meals and supplements for children in afterschool care. Sec. 209. Access to local foods: farm to school program. Sec. 210. Fresh fruit and vegetable program. Sec. 211. Training, technical assistance, and Food Service Management Institute. Sec. 212. Reimbursement of school meal delinquent debt program. Sec. 213. Conforming amendments. TITLE III—Elementary and Secondary Education Data Sec. 301. Measure of poverty. TITLE IV—Amendments to Other Programs and Laws Sec. 401. Supplemental nutrition assistance program. Sec. 402. Higher Education Act of 1965. Sec. 403. Elementary and Secondary Education Act of 1965. Sec. 404. America COMPETES Act. Sec. 405. Workforce Innovation and Opportunity Act. Sec. 406. National Science Foundation Authorization Act of 2002. Sec. 407. Child care and development block grant. Sec. 408. Children’s Health Act of 2000. Sec. 409. Juvenile justice and delinquency prevention. 2. Effective date Unless otherwise provided, this Act, and the amendments made by this Act, shall take effect 1 year after the date of enactment of this Act. I School Breakfast Program 101. Free school breakfast program (a) In general Section 4(a) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(a) ) is amended, in the first sentence— (1) by striking is hereby and inserting are ; and (2) by inserting to provide free breakfast to all children enrolled at those schools before in accordance . (b) Apportionment to States Section 4(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by striking subclause (II) and inserting the following: (II) the national average payment for free breakfasts, as specified in subparagraph (B). ; (B) by striking subparagraph (B) and inserting the following: (B) Payment amounts (i) In general The national average payment for each free breakfast shall be $2.72, adjusted annually for inflation in accordance with clause (ii) and rounded in accordance with clause (iii). (ii) Inflation adjustment (I) In general The annual inflation adjustment under clause (i) shall reflect changes in the cost of operating the free breakfast program under this section, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers. (II) Basis Each inflation annual adjustment under clause (i) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available. (iii) Rounding On July 1, 2021, and annually thereafter, the national average payment rate for free breakfast shall be— (I) adjusted to the nearest lower-cent increment; and (II) based on the unrounded amounts for the preceding 12-month period. ; (C) by striking subparagraphs (C) and (E); and (D) by redesignating subparagraph (D) as subparagraph (C); (2) by striking paragraphs (2) and (3); (3) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (4) in paragraph (3) (as so redesignated), by striking paragraph (3) or (4) and inserting paragraph (2) . (c) State disbursement to schools Section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) is amended by striking subsection (c) and inserting the following: (c) State disbursement to schools Funds apportioned and paid to any State for the purpose of this section shall be disbursed by the State educational agency to schools selected by the State educational agency to assist those schools in operating a breakfast program. . (d) No collection of debt (1) In general Notwithstanding any other provision of the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.) or any other provision of law, effective beginning on the date of enactment of this Act, as a condition of participation in the breakfast program under section 4 of that Act ( 42 U.S.C. 1773 ), a school— (A) shall not collect any debt owed to the school for unpaid meal charges; and (B) shall continue to accrue debt for unpaid meal charges— (i) for the purpose of receiving reimbursement under section 212; and (ii) until the effective date specified in section 2. (2) Child Nutrition Act of 1966 (A) In general Section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) is amended by striking subsection (d) and inserting the following: (d) No collection of debt A school participating in the free breakfast program under this section shall not collect any debt owed to the school for unpaid meal charges. . (B) Conforming amendment Section 23(a) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1793(a) ) is amended by striking school in severe need, as described in section 4(d)(1) and inserting the following: school— (1) that has a free breakfast program under section 4 or seeks to initiate a free breakfast program under that section; and (2) of which not less than 40 percent of the students are identified students (as defined in paragraph (8) of section 1113(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a) )) . (e) Nutritional and other program requirements Section 4(e) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(e) ) is amended— (1) in paragraph (1)(A), in the second sentence, by striking free or and all that follows through the period at the end and inserting free to all children enrolled at a school participating in the school breakfast program. ; and (2) in paragraph (2), in the second sentence, by striking the full charge to the student for a breakfast meeting the requirements of this section or . (f) Prohibition on breakfast shaming, meal denial (1) In general Effective beginning on the date of enactment of this Act, a school or school food authority— (A) shall not— (i) physically segregate or otherwise discriminate against any child participating in the breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); or (ii) overtly identify a child described in clause (i) by a special token or ticket, an announced or published list of names, or any other means; and (B) shall provide the program meal to any child eligible under the program. (2) Child Nutrition Act of 1966 Section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) is amended by adding at the end the following: (f) Prohibition on breakfast shaming A school or school food authority shall not— (1) physically segregate or otherwise discriminate against any child participating in the free breakfast program under this section; or (2) overtly identify a child described in paragraph (1) by a special token or ticket, an announced or published list of names, or any other means. . (g) Department of Defense Overseas Dependents' Schools Section 20(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1789(b) ) is amended— (1) by striking and reduced-price ; and (2) by striking and shall and all that follows through section . (h) Conforming amendments The Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.) is amended— (1) by striking or reduced price each place it appears; (2) by striking and reduced price each place it appears; and (3) by striking a reduced price each place it appears. II School Lunch Program 201. Apportionment to States Section 4(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1753(b) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) Payment amounts (A) In general The national average payment for each free lunch shall be $3.81, adjusted annually for inflation in accordance with subparagraph (C) and rounded in accordance with subparagraph (D). (B) Additional payment for local food (i) Definition of locally-sourced farm product In this subparagraph, the term locally-sourced farm product means a farm product that— (I) is marketed to consumers— (aa) directly; or (bb) through intermediated channels (such as food hubs and cooperatives); and (II) with respect to the school food authority purchasing the farm product, is produced and distributed— (aa) in the State in which the school food authority is located; or (bb) not more than 250 miles from the location of the school food authority. (ii) Additional payment eligibility During a school year, a school food authority shall receive an additional payment described in clause (iii) if the State certifies that the school food authority served meals (including breakfasts, lunches, suppers, and supplements) during the last school year of which not less than 25 percent were made with locally-sourced farm products. (iii) Payment amount (I) In general The additional payment amount under this subparagraph shall be— (aa) $0.30 for each free lunch and supper; (bb) $0.21 for each free breakfast; and (cc) $0.08 for each free supplement. (II) Adjustments Each additional payment amount under subclause (I) shall be adjusted annually in accordance with subparagraph (C) and rounded in accordance with subparagraph (D). (iv) Disbursement The State agency shall disburse funds made available under this clause to school food authorities eligible to receive additional reimbursement. (C) Inflation adjustment (i) In general The annual inflation adjustment under subparagraphs (A) and (B)(iii) shall reflect changes in the cost of operating the free lunch program under this Act, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers. (ii) Basis Each annual inflation adjustment under subparagraphs (A) and (B)(iii) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available. (D) Rounding On July 1, 2021, and annually thereafter, the national average payment rate for free lunch and the additional payment amount for free breakfast, lunch, supper, and supplement under subparagraph (B) shall be— (i) adjusted to the nearest lower-cent increment; and (ii) based on the unrounded amounts for the preceding 12-month period. ; and (2) by striking paragraph (3). 202. Nutritional and other program requirements (a) Elimination of free lunch eligibility requirements (1) In general Section 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 ) is amended by striking subsection (b) and inserting the following: (b) Eligibility All children enrolled in a school that participates in the school lunch program under this Act shall be eligible to receive free lunch under this Act. . (2) Conforming amendments (A) Section 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 ) is amended— (i) in subsection (c), in the third sentence, by striking or at a reduced cost ; and (ii) in subsection (e), by striking , reduced price, . (B) Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 ) is amended— (i) by striking subsection (j); and (ii) by redesignating subsection (k) as subsection (j). (C) Section 28(b)(4) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769i(b)(4) ) is amended— (i) by striking subparagraph (B); and (ii) in subparagraph (A), by striking the subparagraph designation and heading and all that follows through the Secretary and inserting The Secretary . (D) Section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) is amended— (i) in subsection (d)(2)(A)— (I) by striking clause (i); and (II) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (ii) in subsection (f)(17), by striking Notwithstanding subsection (d)(2)(A)(i), not later and inserting Not later . (E) Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended by striking paragraph (7) and inserting the following: (7) provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the plan; . (F) Section 1154(a)(2)(A)(i) of title 10, United States Code, is amended by striking in accordance with section 9(b)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(1) . (G) Section 4301 of the Food, Conservation, and Energy Act of 2008 ( 42 U.S.C. 1758a ) is repealed. (b) No collection of debt (1) In general Notwithstanding any other provision of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) or any other provision of law, effective beginning on the date of enactment of this Act, as a condition of participation in the school lunch program under that Act, a school— (A) shall not collect any debt owed to the school for unpaid meal charges; and (B) shall continue to accrue debt for unpaid meal charges— (i) for the purpose of receiving reimbursement under section 213; and (ii) until the effective date specified in section 2. (2) National School Lunch Act (A) In general Section 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 ) is amended by striking subsection (d) and inserting the following: (d) No collection of debt A school participating in the school lunch program under this Act shall not collect any debt owed to the school for unpaid meal charges. . (B) Conforming amendments Section 9(b)(8)(A) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(8)(A) ) is amended by striking or subsection (d) . 203. Special assistance program (a) In general Section 11 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a ) is repealed. (b) Conforming amendments (1) Section 6 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1755 ) is amended— (A) in subsection (a)(2), by striking sections 11 and 13 and inserting section 13 ; and (B) in subsection (e)(1), in the matter preceding subparagraph (A), by striking section 4, this section, and section 11 and inserting this section and section 4 . (2) Section 7(d) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1756(d) ) is amended by striking or 11 . (3) Section 8(g) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1757(g) ) is amended by striking and under section 11 of this Act . (4) Section 12(f) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(f) ) is amended by striking 11, . (5) Section 7(a) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1766(a) ) is amended— (A) in paragraph (1)(A), by striking 4, 11, and 17 and inserting 4 and 17 ; and (B) in paragraph (2)(A), by striking sections 4 and 11 and inserting section 4 . 204. Price for a paid lunch Section 12 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760 ) is amended— (1) by striking subsection (p); and (2) by redesignating subsections (q) and (r) as subsections (p) and (q), respectively. 205. Summer food service program for children Section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by adding at the end the following: (C) Waiver If the Secretary determines that a program requirement under this section limits the access of children to meals served under this section, the Secretary may waive that program requirement. (D) Eligibility All children shall be eligible to participate in the program under this section. ; and (B) in paragraph (5), by striking only for and all that follows through the period at the end and inserting for meals served to all children. ; (2) in subsection (b)(2), by striking may only serve and all that follows through migrant children ; (3) by striking subsection (c) and inserting the following: (c) Payments (1) In general Payments shall be made to service institutions for meals served— (A) during the months of May through September; (B) during school vacation at any time during an academic school year; (C) during a teacher in-service day; and (D) on days that school is closed during the months of October through April due to a natural disaster, building repair, court order, or similar cause, as determined by the Secretary. (2) Limitation on payments A service institution shall receive payments under this section for not more than 3 meals and 1 supplement per child per day. ; and (4) in subsection (f)(3), by striking , except that and all that follows through section . 206. Summer Electronic Benefit Transfer for Children Program Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) ) is amended by adding at the end the following: (13) Summer Electronic Benefit Transfer for Children Program (A) Definitions In this paragraph: (i) EBT card The term EBT card means an electronic benefit transfer card. (ii) Eligible household The term eligible household means a household with— (I) an income that does not exceed 200 percent of the poverty line (as defined in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 )); and (II) 1 or more children. (iii) Program The term Program means the Summer Electronic Benefit Transfer for Children Program established under subparagraph (B). (B) Establishment The Secretary shall establish a national program, to be known as the Summer Electronic Benefit Transfer for Children Program , under which the Secretary shall issue EBT cards to eligible households to provide food assistance during the summer months. (C) EBT amount (i) In general The value of an EBT card provided under the Program to an eligible household shall be $60 per month per child (adjusted for inflation). (ii) Annual limitation No eligible household shall receive benefits under the Program for more than 3 months in a calendar year. (D) Administration (i) In general Except as provided under this paragraph, the Program shall be based on the summer electronic benefit transfer for children demonstration program carried out pursuant to section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 ( Public Law 111–80 ; 123 Stat. 2132). (ii) SNAP or WIC (I) In general Subject to subclause (II), a State shall administer the Program through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.). (II) WIC option If a State has participated in the demonstration program described in clause (i) before the effective date specified in section 2 of the Universal School Meals Program Act of 2021 , the State may elect to administer the Program through the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ). (E) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this paragraph such sums as are necessary for fiscal year 2021 and each fiscal year thereafter. . 207. Child and adult care food program Section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) is amended— (1) in subsection (a)(2), by striking subparagraph (B) and inserting the following: (B) any other private organization providing nonresidential child care or day care outside school hours for school children; ; (2) by striking subsection (c) and inserting the following: (c) Free meals Notwithstanding any other provision of law— (1) all meals and supplements served under the program authorized under this section shall be provided for free to participants of the program; and (2) an institution that serves those meals and supplements shall be reimbursed— (A) in the case of breakfast, at the rate established for free breakfast under section 4(b)(1)(B)(i) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(b)(1)(B)(i) ); (B) in the case of lunch, at the rate established for free lunch under section 4(b)(2)(A); and (C) in the case of a supplemental meal, $0.96, adjusted for inflation in accordance with section 4(b)(2)(C). ; (3) in subsection (f)— (A) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) Limitation to reimbursements An institution may claim reimbursement under this paragraph for not more than 3 meals and 1 supplement per day per child. ; and (B) by striking paragraph (3); and (4) in subsection (r)— (A) in the subsection heading, by striking Program for at-risk school children and inserting Afterschool meal and snack program ; (B) by striking at-risk school each place it appears and inserting eligible ; (C) in paragraph (1)— (i) in the paragraph heading, by striking at-risk school and inserting eligible ; and (ii) in subparagraph (B), by striking operated and all that follows through the period at the end and inserting a period; and (D) in paragraph (4)(A), by striking only for and all that follows through the period at the end and inserting the following: for— (i) not more than 1 meal and 1 supplement per child per day served on a regular school day; and (ii) not more than 3 meals and 1 supplement per child per day served on any day other than a regular school day. . 208. Meals and supplements for children in afterschool care Section 17A of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766a ) is amended— (1) in the section heading, by striking Meal supplements and inserting Meals and supplements ; (2) in subsection (a)(1), by striking meal supplements and inserting free meals and supplements ; (3) in subsection (b), by inserting meals and before supplements ; and (4) by striking subsection (c) and inserting the following: (c) Reimbursement (1) In general (A) Meals A free meal provided under this section to a child shall be reimbursed at a rate of $3.81, adjusted annually for inflation in accordance with paragraph (3)(A) and rounded in accordance with paragraph (3)(B). (B) Supplements A free supplement provided under this section to a child shall be reimbursed at the rate at which free supplements are reimbursed under section 17(c)(2)(C). (2) Limitation to reimbursements An institution may claim reimbursement under this section for not more than 1 meal and 1 supplement per day per child served on a regular school day. (3) Inflation; rounding (A) Inflation adjustment (i) In general The annual inflation adjustment under paragraph (1)(A) shall reflect changes in the cost of operating the program under this section, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers. (ii) Basis Each inflation annual adjustment under paragraph (1)(A) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available. (B) Rounding On July 1, 2021, and annually thereafter, the reimbursement rate for a free meal under this section shall be— (i) adjusted to the nearest lower-cent increment; and (ii) based on the unrounded amounts for the preceding 12-month period. . 209. Access to local foods: farm to school program Section 18(g)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769(g)(5) ) is amended by striking subparagraph (B) and inserting the following: (B) serve a high proportion of identified students (as defined in paragraph (8) of section 1113(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a) )); . 210. Fresh fruit and vegetable program Section 19(d) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a(d) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking paragraph (2) of this subsection and ; (B) in subparagraph (A), in the matter preceding clause (i), by striking school— and all that follows through submits in clause (ii) and inserting school that submits ; (C) in subparagraph (B), by striking schools and all that follows through Act and inserting high-need schools (as defined in section 2211(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631(b) )) ; and (D) in subparagraph (D)— (i) by striking clause (i); and (ii) by redesignating clauses (ii) through (iv) as clauses (i) through (iii), respectively; and (2) by striking paragraphs (2) and (3) and inserting the following: (2) Outreach to high-need schools Prior to making decisions regarding school participation in the program, a State agency shall inform high-need schools (as defined in section 2211(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631(b) )), including Tribal schools, of the eligibility of the schools for the program. . 211. Training, technical assistance, and Food Service Management Institute Section 21(a)(1)(B) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769b–1(a)(1)(B) ) is amended in the matter preceding clause (i) by striking certified to receive free or reduced price meals and inserting who are identified students (as defined in paragraph (8) of section 1113(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a) ) . 212. Reimbursement of school meal delinquent debt program (a) Definitions In this section: (1) Delinquent debt The term delinquent debt means the debt owed by a parent or guardian of a child to a school— (A) as of the effective date specified in section 2; and (B) for meals served by the school under— (i) the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); (ii) the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.); or (iii) both of the programs described in clauses (i) and (ii). (2) Program The term program means the program established under subsection (b)(1). (3) Secretary The term Secretary means the Secretary of Agriculture. (b) Reimbursement program (1) Establishment Not later than 60 days after the effective date specified in section 2, the Secretary shall establish a program under which the Secretary shall reimburse each school participating in a program described in clause (i) or (ii) of subsection (a)(1)(B) for all delinquent debt. (2) Form for reimbursement To carry out the program, the Secretary shall design and distribute a form to State agencies to collect data on all delinquent debt in applicable schools in the State, grouped by school food authority. (3) Completion date The Secretary shall provide all reimbursements under the program not later than 180 days after the effective date specified in section 2. (c) Report Not later than 2 years after the effective date specified in section 2, the Comptroller General of the United States shall submit to Congress and make publicly available a report that describes the successes and challenges of the program. 213. Conforming amendments The Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) is amended— (1) by striking or reduced price each place it appears; (2) by striking or a reduced price each place it appears; (3) by striking and reduced price each place it appears; and (4) by striking a reduced price each place it appears. III Elementary and Secondary Education Data 301. Measure of poverty Section 1113(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a) ) is amended— (1) in paragraph (5)(A), by striking the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) and inserting the number of identified students ; and (2) by adding at the end the following: (8) Identified students defined (A) In general In this subsection, the term identified students means the number of students— (i) who are— (I) homeless children and youths, as defined under section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ); (II) runaway and homeless youth served by programs established under the Runaway and Homeless Youth Act ( 34 U.S.C. 11201 et seq.); (III) migratory children, as defined under section 1309; or (IV) foster children; (ii) who are eligible for and receiving medical assistance under the program of medical assistance established under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); or (iii) who participate (or who are part of a household that participates) in at least one of the following: (I) The supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.). (II) A State program funded under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.). (III) The food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ). (IV) A Head Start program authorized under the Head Start Act ( 42 U.S.C. 9831 et seq.) or a comparable State-funded Head Start or pre-kindergarten program. (B) Multiplier In determining the number of identified students under subparagraph (A), the local educational agency shall multiply the number determined under such subparagraph by 1.6. . IV Amendments to Other Programs and Laws 401. Supplemental nutrition assistance program (a) Agreement for direct certification (1) In general Section 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 ) is amended— (A) by striking subsection (u); and (B) by redesignating subsections (v) through (x) as subsections (u) through (w), respectively. (2) Conforming amendments Section 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) ) is amended— (A) in paragraph (8)(F), by striking or subsection (u) ; and (B) in paragraph (26)(B), by striking (x) and inserting (w) . (b) Nutrition education and obesity prevention grant program Section 28(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036a(a) ) is amended by striking paragraph (1) and inserting the following: (1) an individual eligible for benefits under this Act; . 402. Higher Education Act of 1965 (a) Teacher quality enhancement Subparagraph (A) of section 200(11) of the Higher Education Act of 1965 ( 20 U.S.C. 1021(11) ) is amended to read as follows: (A) In general The term high-need school means a school that is in the highest quartile of schools in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled in such schools, as determined by the local educational agency based on one of the following measures of poverty: (i) The percentage of students aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary. (ii) The percentage of students in families receiving assistance under the State program funded under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.). (iii) The percentage of students eligible to receive medical assistance under the program of medical assistance established under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.). (iv) A composite of two or more of the measures described in clauses (i) through (iii). . (b) GEAR Up Subparagraph (A) of section 404B(d)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–22(d)(1) ) is amended to read as follows: (A) provide services under this chapter to at least one grade level of students, beginning not later than 7th grade, in a participating school— (i) that has a 7th grade; and (ii) in which— (I) at least 50 percent of the students enrolled are identified students (as defined in section 1113(a)(8) of the Elementary and Secondary Education Act of 1965); or (II) if an eligible entity determines that it would promote the effectiveness of a program, an entire grade level of students, beginning not later than the 7th grade, reside in public housing, as defined in section 3(b)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(1) ). . (c) Simplified needs test Section 479(d)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1087ss(d)(2) ) is amended— (1) by striking subparagraph (C); and (2) by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively. (d) Early Federal Pell Grant commitment demonstration program Section 894(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1161y(b) ) is amended— (1) in paragraph (1)(B), by striking qualify for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.) and inserting are identified students (as defined in section 1113(a)(8) of the Elementary and Secondary Education Act of 1965) ; and (2) in paragraph (5), by striking eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.) and inserting identified students (as defined in section 1113(a)(8) of the Elementary and Secondary Education Act of 1965) . 403. Elementary and Secondary Education Act of 1965 (a) Literacy education for all Section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6641(b)(3)(B) ) is amended— (1) by striking clause (i); and (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (b) Grants for education innovation and research Section 4611(d)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7261(d)(2) ) is amended— (1) by striking subparagraph (B); and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (c) Eligibility for heavily impacted local educational agencies Item (bb) of section 7003(b)(2)(B)(i)(III) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(b)(2)(B)(i)(III) ) is amended to read as follows: (bb) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 30 percent; or . 404. America COMPETES Act Section 6122(3) of the America COMPETES Act ( 20 U.S.C. 9832(3) ) is amended by striking data on children eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act, . 405. Workforce Innovation and Opportunity Act Section 3(36)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(36)(A) ) is amended— (1) by striking clause (iv); and (2) by redesignating clauses (v) and (vi) as clauses (iv) and (v), respectively. 406. National Science Foundation Authorization Act of 2002 Section 4(8) of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n note) is amended— (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. 407. Child care and development block grant Section 658O(b) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858m(b) ) is amended— (1) in paragraph (1)(B), by striking school lunch factor and inserting identified students factor ; and (2) by striking paragraph (3) and inserting the following: (3) Identified students factor The term identified students factor means the ratio of the number of children in the State who are identified students (as defined in paragraph (8) of section 1113(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a) ) to the number of such children in all the States as determined annually by the Secretary of Education. . 408. Children’s Health Act of 2000 Section 1404(b) of the Children’s Health Act of 2000 ( 42 U.S.C. 9859c(b) ) is amended— (1) in paragraph (1)(B), by striking school lunch factor and inserting identified students factor ; and (2) by amending paragraph (3) to read as follows: (3) Identified students factor In this subsection, the term identified students factor means the ratio of the number of children in the State who are identified students (as defined in paragraph (8) of section 1113(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a) ) to the number of such children in all the States as determined annually by the Secretary of Education. . 409. Juvenile justice and delinquency prevention Section 252(i) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11162(i) ) is amended to read as follows: (i) Free school lunches for incarcerated juveniles (1) In general A juvenile who is incarcerated in an eligible juvenile detention center is eligible to receive free lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.). (2) Guidance Not later than 1 year after the date of the enactment of the Universal School Meals Program Act of 2021 , the Attorney General, in consultation with the Secretary of Agriculture, shall provide guidance to States relating to the options for school food authorities in the States to apply for reimbursement for free lunches under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) for juveniles who are incarcerated. (3) Eligible juvenile detention center defined In this subsection, the term eligible juvenile detention center does not include any private, for-profit detention center. . | https://www.govinfo.gov/content/pkg/BILLS-117s1530is/xml/BILLS-117s1530is.xml |
117-s-1531 | II 117th CONGRESS 1st Session S. 1531 IN THE SENATE OF THE UNITED STATES May 10, 2021 Mr. Schumer (for himself 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 title 49, United States Code, to require the Secretary of Transportation to award grants to States that have enacted and are enforcing certain laws with respect to stretch limousines, and for other purposes.
1. Short title This Act may be cited as the Take Unsafe Limos Off the Road Act . 2. Grant program for safety of stretch limousines (a) In general Subchapter IV of chapter 311 of title 49, United States Code, is amended by adding at the end the following: 31162. Grant program for safety of stretch limousines (a) Definitions In this section: (1) Eligible defect The term eligible defect means a defect that would cause a motor vehicle to fail a commercial motor vehicle safety inspection. (2) Passenger motor vehicle The term passenger motor vehicle has the meaning given the term in section 32101. (3) Secretary The term Secretary means the Secretary of Transportation. (4) Stretch limousine The term stretch limousine means a new or used passenger motor vehicle that— (A) has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle— (i) beyond the wheelbase dimension of the original equipment manufacturer for the base model and year of the vehicle; and (ii) to a length sufficient to accommodate additional passengers; and (B) after being altered as described in subparagraph (A), has a seating capacity of not fewer than 9 passengers, including the driver. (b) Grant program Each fiscal year, the Secretary shall make a grant, in accordance with this section, to each State that is eligible for a grant under subsection (c). (c) Eligibility A State is eligible for a grant under this section for a fiscal year if, on October 1 of that fiscal year, the State— (1) has enacted a law that requires the impoundment or immobilization of a stretch limousine that is found to have an eligible defect on inspection; and (2) is enforcing the law described in paragraph (1), as determined by the Secretary. (d) Grant amounts (1) In general Beginning on October 1 of the first fiscal year beginning after the date of enactment of this section, the Secretary shall apportion the amounts appropriated to carry out this section to each State that is eligible to receive a grant under subsection (c) in an amount that is equal to the quotient obtained by dividing— (A) the difference between— (i) $5,000,000; and (ii) the total amount provided to States under paragraph (2); and (B) the number of States eligible for a grant under subsection (c) for the fiscal year. (2) Increase of grant amounts Beginning on October 1 of the first fiscal year beginning after the date of enactment of this section, a State that is eligible for a grant under subsection (c) may receive an additional $50,000 in grant funds if, on October 1 of that fiscal year, the State has enacted and is enforcing a law or regulation that requires— (A) any safety inspection of a stretch limousine to be conducted at a designated site controlled by the State; and (B) the inspection described in subparagraph (A) to be conducted by employees trained in the inspection of stretch limousines. (e) Use of funds A State receiving a grant under this section may use grant amounts— (1) for the impoundment or immobilization of a stretch limousine; (2) for the establishment and operating expenses of designated stretch limousine safety inspection sites; or (3) to train employees in the inspection of stretch limousines. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2021 through 2024. . (b) Clerical amendment The analysis for subchapter IV of chapter 311 of title 49 is amended by inserting after the item relating to section 31161 the following: 31162. Grant program for safety of stretch limousines. . | https://www.govinfo.gov/content/pkg/BILLS-117s1531is/xml/BILLS-117s1531is.xml |
117-s-1532 | II 117th CONGRESS 1st Session S. 1532 IN THE SENATE OF THE UNITED STATES May 10, 2021 Mr. Kaine (for himself, Mr. Boozman , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide a work opportunity tax credit for military spouses and to provide for flexible spending arrangements for childcare services for uniformed services families.
1. Short title This Act may be cited as the Jobs and Childcare for Military Families Act of 2021 . 2. Work opportunity tax credit for military spouses (a) In general Section 51(d)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking or at the end of subparagraph (I), (2) by striking the period at the end of subparagraph (J) and inserting , or , and (3) by adding at the end the following new subparagraph: (K) a qualified military spouse. . (b) Qualified military spouse Section 51(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (16) Qualified military spouse The term qualified military spouse means an individual who is certified by the designated local agency as being, as of the hiring date, the spouse or domestic partner (as recognized under State law or by the Armed Forces) of a member of the Armed Forces. . (c) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after the date of enactment of this Act. 3. Flexible spending arrangements for childcare services for uniformed services families (a) FSAs required Not later than 12 months after the date of enactment of this Act, the Secretary concerned shall establish procedures to implement flexible spending arrangements with respect to basic pay and compensation for members of the uniformed services (as defined in section 101 of title 37, United States Code) for childcare services for dependent children of such members on a pre-tax basis in accordance with sections 125 and 129 of the Internal Revenue Code of 1986. (b) Considerations The procedures required by subsection (a) shall take into account the considerations specified in section 663(b) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2371) and such other considerations as the Secretaries concerned consider appropriate. (c) Secretary concerned defined In this section, the term Secretary concerned means the following: (1) The Secretary of Defense, with respect to members of the Army, the Navy, the Marine Corps, and the Air Force. (2) The Secretary of Homeland Security, with respect to members of the Coast Guard. (3) The Secretary of Commerce, with respect to officers of the commissioned officer corps of the National Oceanic and Atmospheric Administration. (4) The Secretary of Health and Human Services, with respect to members of the Public Health Service. | https://www.govinfo.gov/content/pkg/BILLS-117s1532is/xml/BILLS-117s1532is.xml |
117-s-1533 | II 117th CONGRESS 1st Session S. 1533 IN THE SENATE OF THE UNITED STATES May 10, 2021 Mrs. Gillibrand (for herself and Mr. Schumer ) 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 modify the definition of commercial motor vehicle, and for other purposes.
1. Short title This Act may be cited as the End the Limo Loophole Act . 2. Commercial driver’s license requirement (a) In general Section 31301(4)(B) of title 49, United States Code, is amended by striking to transport at least 16 passengers including the driver and inserting or used to transport 9 or more passengers, including the driver . (b) Completion of rulemaking Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall complete the rulemaking process and issue a final rule with respect to the withdrawn rulemaking entitled State Inspection Programs for Passenger-Carrier Vehicles , published in the Federal Register on April 27, 2016 (81 Fed. Reg. 24769). | https://www.govinfo.gov/content/pkg/BILLS-117s1533is/xml/BILLS-117s1533is.xml |
117-s-1534 | II 117th CONGRESS 1st Session S. 1534 IN THE SENATE OF THE UNITED STATES May 10, 2021 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Workforce Innovation and Opportunity Act to authorize the Reentry Employment Opportunities Program, and for other purposes.
1. Short title This Act may be cited as the REO Act of 2021 . 2. Reentry Employment Opportunities Program Subtitle D of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 et seq.) is amended— (1) by redesignating section 172 ( 29 U.S.C. 3227 ) as section 173; and (2) by inserting after section 171 ( 29 U.S.C. 3226 ) the following: 172. Reentry Employment Opportunities Program (a) Definitions In this section: (1) Correctional institution The term correctional institution has the meaning given the term in section 225(e). (2) Eligible adult The term eligible adult means an individual who— (A) on the date of the individual's enrollment— (i) is not younger than age 25; and (ii) is residing in or returning to the geographic area served; and (B) (i) before that date of enrollment— (I) was released from incarceration in a correctional institution (including being enrolled in a work release center at the institution); or (II) served an alternative sentence, or a sentence to a diversion program, ordered through the adult criminal justice system; or (ii) on that date, is subject to the adult criminal justice system, including an individual who— (I) is incarcerated in a correctional institution (including being enrolled in a work release center at the institution), but is scheduled to be released within 6 months; (II) is residing in a residential reentry center; (III) is subject to electronic or home-based monitoring; (IV) is in the community on probation or parole; or (V) is serving an alternative sentence, or a sentence to a diversion program, ordered through that system. (3) Eligible young adult The term eligible young adult means an individual who, on the date of the individual's enrollment— (A) is not younger than age 18 and not older than age 24; (B) is residing in or returning to the geographic area served; and (C) (i) is a school dropout (within the meaning of section 129(a)(1)(B)(iii)(I)) from a high school, except that not more than 10 percent of the individuals accepted to participate in a program under subsection (b) may be found eligible under this subparagraph solely on the basis of meeting the requirements of this clause; or (ii) is an individual who is, or has been, subject to the juvenile or adult criminal justice system, including an individual who— (I) is or has been incarcerated in a correctional institution (including being enrolled in a work release center at the institution or in a detention facility for juveniles); (II) is or has been subject to that system due to having an out-of-home placement, or being on probation or parole; or (III) is serving or has served an alternative sentence, or a sentence to a diversion program, ordered through that system. (4) Eligible youth The term eligible youth means an individual who, on the date of the individual's enrollment— (A) is not younger than age 16 and not older than age 17; (B) is residing in or returning to the geographic area served; and (C) (i) is a school dropout (within the meaning of section 129(a)(1)(B)(iii)(I)) from a high school, except that not more than 10 percent of the individuals accepted to participate in a program under subsection (c) may be found eligible under this subparagraph solely on the basis of meeting the requirements of this clause; or (ii) is an individual who is, or has been, subject to the juvenile justice system, including an individual who— (I) is or has been incarcerated in a correctional institution (including being enrolled in a work release center at the institution or in a detention facility for juveniles); (II) is or has been subject to that system due to having an out-of-home placement, or being on probation or parole; or (III) is serving or has served an alternative sentence, or a sentence to a diversion program, ordered through that system. (5) Enroll The term enroll means receive confirmation that an individual, having applied to participate in a program under this section, has been accepted to the program. (6) Registered apprenticeship The term registered apprenticeship means an apprenticeship 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.). (b) Adult Reentry Employment Opportunities Program (1) Establishment The Secretary shall establish and carry out an adult Reentry Employment Opportunities Program. (2) Grants (A) Direct grants In carrying out the program, the Secretary may make direct grants to eligible entities to carry out projects described in paragraph (5), in geographic areas, for eligible adults and eligible young adults. (B) Grants through intermediaries In any year for which the Secretary makes grants under subparagraph (A), the Secretary shall make intermediary grants on a competitive basis to eligible entities who are national or regional intermediaries, who shall use the grant funds to make direct grants to eligible entities or to carry out projects described in subparagraph (A) in accordance with the provisions of this subsection. For purposes of this subsection, a reference to the Secretary shall include a reference to an intermediary who receives funds under this subparagraph to the extent that the intermediary uses the funds to make direct grants to eligible entities. (3) Eligible entities To be eligible to receive a direct or intermediary grant under this subsection, an entity— (A) shall be an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; (B) may be— (i) an organization that serves women or a minority population; (ii) a State or local government; or (iii) an entity (including an Indian tribe or an Alaska Native-controlled or Native Hawaiian-controlled organization) that is eligible for a grant under section 166 (including the regulations issued under that section); and (C) may be an organization that serves— (i) an urban county, meaning a county that is a Metropolitan Area, as designated by the Office of Management and Budget; or (ii) a rural county, meaning a county that is a Micropolitan Area, or neither a Metropolitan Area nor a Micropolitan Area, as so designated. (4) Applications To be eligible to receive a direct grant or an intermediary grant under this subsection, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, for a program that includes an industry-recognized credential, a description of the program leading to the credential. (5) Use of funds An entity that receives, under this subsection, a direct grant to carry out a project described in paragraph (2) shall use the grant funds to carry out a project that provides opportunities in a pre-apprenticeship program, a registered apprenticeship program, an industry-recognized apprenticeship program, occupational skills education, on-the-job training, work experience, job referrals, basic skills remediation, educational services, behavioral health services, or work readiness activities, to eligible adults or eligible young adults. (6) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection for fiscal year 2022 and each subsequent fiscal year. (c) Youth Reentry Employment Opportunities Program (1) Establishment The Secretary shall establish and carry out a youth Reentry Employment Opportunities Program. (2) Grants (A) Direct grants In carrying out the program, the Secretary may make direct grants to eligible entities to carry out projects described in subsection (b)(5), in geographic areas, for eligible youth. (B) Grants through intermediaries In any year for which the Secretary makes grants under subparagraph (A), the Secretary shall make intermediary grants as described in subsection (b)(2)(B), except that references in that subsection to eligible entities shall be treated as references to entities described in paragraph (3). (3) Eligible entities To be eligible to receive a direct or intermediary grant under this subsection, an entity may be an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code or a State juvenile justice agency. (4) Applications To be eligible to receive a direct grant or an intermediary grant under this subsection, an entity shall submit an application as described in subsection (b)(4). (5) Use of funds An entity that receives, under this subsection, a direct grant to carry out a project described in paragraph (2) shall use the grant funds as described in subsection (b)(5), for eligible youth. (6) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection for fiscal year 2022 and each subsequent fiscal year. (d) Technical assistance The Secretary shall reserve and use not more than— (1) 2 percent of the funds appropriated under subsection (b)(7) for a fiscal year to provide technical assistance to recipients of grants under subsection (b); and (2) 2 percent of the funds appropriated under subsection (c)(7) for a fiscal year to provide technical assistance to recipients of grants under subsection (c). . 3. Evaluation of the reentry projects (a) In general Not later than 5 years after the date of enactment of this Act, the Chief Evaluation Officer shall evaluate the effectiveness of direct grants and intermediary grants used by the Department of Labor to support offender reentry and recidivism reduction through reentry projects at the Federal, State, local, and tribal levels. The Chief Evaluation Officer shall evaluate each of the following: (1) The effectiveness of such projects in relation to their cost, including the extent to which the projects improve reentry outcomes, including employment, education, housing, and reductions in recidivism, of participants in comparison to comparably situated individuals who did not participate in such projects. (2) The effectiveness of project structures and mechanisms for delivery of services. (3) The impact of such projects on the communities and participants involved. (4) The impact of such projects on related programs and activities. (5) The extent to which such projects meet the needs of various demographic groups. (6) The quality and effectiveness of technical assistance provided by the Department of Labor to grantees for implementing such projects. (7) Such other factors as may be appropriate. (b) Availability of funds for evaluation Not more than 2.5 percent of any amounts appropriated for a fiscal year to carry out the reentry projects shall be reserved and made available to the Chief Evaluation Officer for such evaluation, including evaluating the processes, implementation, outcomes, costs, and effectiveness of the reentry projects in improving reentry and reducing recidivism. Such reserved funding may be used to provide support to recipients of direct grants and intermediary grants for reentry projects for supplemental data collection, analysis, and coordination associated with evaluation activities. (c) Techniques Evaluations conducted under this section shall use appropriate methodology and research designs. Impact evaluations conducted under this section shall include the use of intervention and control groups chosen by random assignment methods, to the extent possible. (d) Metrics and Outcomes for Evaluation (1) In general Not later than 180 days after the date of enactment of this Act, the Chief Evaluation Officer shall consult with relevant stakeholders and identify outcome measures, including measures for employment, housing, education, and public safety, that are to be achieved by reentry projects and the metrics by which the achievement of such outcomes shall be determined. (2) Publication Not later than 30 days after the date on which the Chief Evaluation Officer identifies metrics and outcomes under paragraph (1), the Secretary of Labor shall publish such metrics and outcomes identified. (e) Data collection As a condition of receiving a direct grant or intermediary grant for a reentry project, grantees shall be required to collect and report to the Department of Labor data based upon the metrics identified under subsection (d). In accordance with applicable law, collection of individual-level data under a pledge of confidentiality shall be protected by the Chief Evaluation Officer in accordance with such pledge. (f) Data accessibility Not later than 5 years after the date of enactment of this Act, the Chief Evaluation Officer shall— (1) make data collected during the course of evaluation under this section available in de-identified form in such a manner that reasonably protects a pledge of confidentiality to participants under subsection (e); and (2) make identifiable data collected during the course of evaluation under this section available to qualified researchers for future research and evaluation, in accordance with applicable law. (g) Publication and reporting of evaluation findings The Chief Evaluation Officer shall— (1) not later than 365 days after the date on which the enrollment of participants in an impact evaluation is completed under this section, publish an interim report on such evaluation; (2) not later than 90 days after the date on which any evaluation is completed under this section, publish and make publicly available such evaluation; and (3) not later than 60 days after the completion date described in paragraph (2), submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on such evaluation. (h) Definitions In this section: (1) Chief Evaluation Officer The term Chief Evaluation Officer means the head of the independent evaluation office located organizationally in the Office of the Assistant Secretary for Policy of the Department of Labor. (2) Reentry project The term reentry project means a project funded under the reentry employment opportunities program carried out under section 172 of the Workforce Innovation and Opportunities Act. 4. Conforming amendment The table of contents in section 1(b) of the Workforce Innovation and Opportunity Act is amended— (1) by redesignating the item relating to section 172 as the item relating to section 173; and (2) by inserting after the item relating to section 171 the following: Sec. 172. Reentry Employment Opportunities Program. . | https://www.govinfo.gov/content/pkg/BILLS-117s1534is/xml/BILLS-117s1534is.xml |
117-s-1535 | II 117th CONGRESS 1st Session S. 1535 IN THE SENATE OF THE UNITED STATES May 10, 2021 Mr. Durbin (for himself, Mr. Blumenthal , Mr. Booker , Mr. Leahy , Mr. Merkley , Mrs. Murray , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate as wilderness certain Federal portions of the red rock canyons of the Colorado Plateau and the Great Basin Deserts in the State of Utah for the benefit of present and future generations of people in the United States.
1. Short title; table of contents (a) Short title This Act may be cited as the America's Red Rock Wilderness Act . (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. Findings. Sec. 4. Purposes. TITLE I—Designation of wilderness areas Sec. 101. Great Basin Wilderness Areas. Sec. 102. Grand Staircase-Escalante Wilderness Areas. Sec. 103. Moab-La Sal Canyons Wilderness Areas. Sec. 104. Henry Mountains Wilderness Areas. Sec. 105. Glen Canyon Wilderness Areas. Sec. 106. San Juan-Anasazi Wilderness Areas. Sec. 107. Canyonlands Basin Wilderness Areas. Sec. 108. San Rafael Swell Wilderness Areas. Sec. 109. Book Cliffs and Uinta Basin Wilderness Areas. TITLE II—Administrative provisions Sec. 201. General provisions. Sec. 202. Administration. Sec. 203. State school trust land within wilderness areas. Sec. 204. Water. Sec. 205. Roads. Sec. 206. Livestock. Sec. 207. Fish and wildlife. Sec. 208. Protection of Tribal rights. Sec. 209. Management of newly acquired land. Sec. 210. Withdrawal. 2. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. (2) State The term State means the State of Utah. 3. Findings Congress finds that— (1) the land designated as wilderness by this Act is 1 of the largest remaining expanses of unprotected, wild public land in the continental United States; (2) the designation of wilderness by this Act would— (A) increase landscape connectivity in the Colorado Plateau; and (B) help to mitigate the impacts of climate change by— (i) providing critical refugia; (ii) reducing surface disturbances that exacerbate the impacts of climate change; (iii) reducing greenhouse gas emissions related to the extraction and use of fossil fuels; and (iv) contributing to the goal of protecting 30 percent of global land and waters by 2030; (3) the land designated as wilderness by this Act is— (A) a living cultural landscape; (B) a place of refuge for wild nature; and (C) an important part of Indigenous and non-Indigenous community values; (4) Indian Tribes have been present on the land designated as wilderness by this Act since time immemorial, using the plant, animal, landform, and spiritual values for sustenance and cultural, medicinal, and ceremonial activities, purposes for which Indigenous people continue to use the land; and (5) the designation of wilderness by this Act— (A) is vital to the continuation and revitalization of Indigenous cultures; and (B) serves to protect places of Indigenous use and sanctuary. 4. Purposes The purposes of this Act are— (1) to designate as wilderness certain Federal portions of the red rock canyons of the Colorado Plateau and the Great Basin Deserts in the State of Utah for the benefit of present and future generations of people in the United States; (2) to protect the cultural, ecological, and scenic values of land designated as wilderness by this Act for the benefit, use, and enjoyment of present and future generations of people in the United States; and (3) to protect the ability of Indigenous and non-Indigenous people to use the land designated as wilderness by this Act for traditional activities, including hunting, fishing, hiking, horsepacking, camping, and spirituality as people have used the land for generations. I Designation of wilderness areas 101. Great Basin Wilderness Areas (a) Findings Congress finds that— (1) the Great Basin region of western Utah is comprised of starkly beautiful mountain ranges that rise as islands from the desert floor; (2) the Wah Wah Mountains in the Great Basin region are arid and austere, with massive cliff faces and leathery slopes speckled with piñon and juniper; (3) the Pilot Range and Stansbury Mountains in the Great Basin region are high enough to draw moisture from passing clouds and support ecosystems found nowhere else on earth; (4) from bristlecone pine, the world’s oldest living organism, to newly flowered mountain meadows, mountains of the Great Basin region are islands of nature that— (A) support remarkable biological diversity; and (B) provide opportunities to experience the colossal silence of the Great Basin; and (5) the Great Basin region of western Utah should be protected and managed to ensure the preservation of the natural conditions of the region. (b) Designation 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) Antelope Range (approximately 17,000 acres). (2) Barn Hills (approximately 21,000 acres). (3) Black Hills (approximately 8,700 acres). (4) Bullgrass Knoll (approximately 16,000 acres). (5) Burbank Hills/Tunnel Spring (approximately 94,000 acres). (6) Conger Mountain (approximately 31,000 acres). (7) Crater and Silver Island Mountains (approximately 121,000 acres). (8) Crater Bench (approximately 35,000 acres). (9) Cricket Mountains (approximately 56,000 acres). (10) Deep Creek Mountains (approximately 128,000 acres). (11) Drum Mountains (approximately 40,500 acres). (12) Dugway Mountains (approximately 24,500 acres). (13) Fish Springs Range (approximately 64,500 acres). (14) Granite Peak (approximately 19,500 acres). (15) Grassy Mountains (approximately 24,000 acres). (16) Grouse Creek Mountains (approximately 15,000 acres). (17) House Range (approximately 202,000 acres). (18) Keg Mountain (approximately 38,500 acres). (19) Kern Mountains (approximately 15,000 acres). (20) King Top (approximately 111,000 acres). (21) Little Goose Creek (approximately 1,300 acres). (22) Middle/Granite Mountain (approximately 81,000 acres). (23) Mount Escalante (approximately 17,500 acres). (24) Mountain Home Range (approximately 90,000 acres). (25) Newfoundland Mountains (approximately 23,000 acres). (26) Ochre Mountain (approximately 13,500 acres). (27) Oquirrh Mountains (approximately 8,900 acres). (28) Painted Rock (approximately 26,500 acres). (29) Paradise/Steamboat Mountains (approximately 136,000 acres). (30) Pilot Range (approximately 44,000 acres). (31) Red Tops (approximately 28,000 acres). (32) Rockwell-Little Sahara (approximately 19,000 acres). (33) San Francisco Mountains (approximately 40,000 acres). (34) Sand Ridge (approximately 73,000 acres). (35) Sevier Plateau (approximately 30,000 acres). (36) Simpson Mountains (approximately 43,000 acres). (37) Snake Valley (approximately 103,000 acres). (38) Spring Creek Canyon (approximately 5,200 acres). (39) Stansbury Island (approximately 9,900 acres). (40) Stansbury Mountains (approximately 25,000 acres). (41) Thomas Range (approximately 41,000 acres). (42) Tule Valley (approximately 159,000 acres). (43) Wah Wah Mountains (approximately 177,000 acres). (44) White Rock Range (approximately 5,500 acres). 102. Grand Staircase-Escalante Wilderness Areas (a) Grand staircase area (1) Findings Congress finds that— (A) the area known as the Grand Staircase rises more than 6,000 feet in a series of great cliffs and plateaus from the depths of the Grand Canyon to the forested rim of Bryce Canyon; (B) the Grand Staircase— (i) spans 6 major life zones, from the lower Sonoran Desert to the alpine forest; and (ii) encompasses geologic formations that display 3,000,000,000 years of Earth’s history; (C) land managed by the Secretary lines the intricate canyon system of the Paria River and forms a vital natural corridor connection to the deserts and forests of those national parks; (D) land described in paragraph (2) (other than East of Bryce, the majority of Upper Kanab Creek, Moquith Mountain, Bunting Point, Canaan Mountain, Orderville Canyon, Parunuweap Canyon, and Vermillion Cliffs) is located within the Grand Staircase-Escalante National Monument, as established in 1996; and (E) the Grand Staircase in Utah should be protected and managed as a wilderness area. (2) Designation 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: (A) Bryce Boot (approximately 2,800 acres). (B) Bryce View (approximately 850 acres). (C) Bunting Point (approximately 11,000 acres). (D) Canaan Mountain (approximately 15,000 acres). (E) East of Bryce (approximately 850 acres). (F) Glass Eye Canyon (approximately 25,000 acres). (G) Ladder Canyon (approximately 14,000 acres). (H) Moquith Mountain (approximately 15,500 acres). (I) Nephi Point (approximately 15,000 acres). (J) Orderville Canyon (approximately 8,100 acres). (K) Paria-Hackberry (approximately 196,000 acres). (L) Paria Wilderness Expansion (approximately 4,000 acres). (M) Parunuweap Canyon (approximately 44,500 acres). (N) Pine Hollow (approximately 11,000 acres). (O) Slopes of Bryce (approximately 3,700 acres). (P) Timber Mountain (approximately 52,500 acres). (Q) Upper Kanab Creek (approximately 51,000 acres). (R) Vermillion Cliffs (approximately 26,000 acres). (S) Willis Creek (approximately 21,000 acres). (b) Kaiparowits plateau (1) Findings Congress finds that— (A) the Kaiparowits Plateau east of the Paria River is one of the most rugged and isolated wilderness regions in the United States; (B) the Kaiparowits Plateau, a windswept land of harsh beauty, contains distant vistas and a remarkable variety of plant and animal species; (C) ancient forests, an abundance of big game animals, and 22 species of raptors thrive undisturbed on the grassland mesa tops of the Kaiparowits Plateau; (D) each of the areas described in paragraph (2) (other than Heaps Canyon, Little Valley, and Wide Hollow) is located within the Grand Staircase-Escalante National Monument, as established in 1996; and (E) the Kaiparowits Plateau should be protected and managed as a wilderness area. (2) Designation 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: (A) Andalex Not (approximately 18,000 acres). (B) Box Canyon (approximately 3,000 acres). (C) Burning Hills (approximately 81,000 acres). (D) Canaan Peak Slopes (approximately 2,500 acres). (E) Carcass Canyon (approximately 85,000 acres). (F) Fiftymile Bench (approximately 13,000 acres). (G) Fiftymile Mountain (approximately 207,000 acres). (H) Heaps Canyon (approximately 4,000 acres). (I) Horse Spring Canyon (approximately 32,000 acres). (J) Kodachrome Headlands (approximately 8,500 acres). (K) Little Valley Canyon (approximately 4,000 acres). (L) Mud Spring Canyon (approximately 66,000 acres). (M) Nipple Bench (approximately 32,000 acres). (N) Paradise Canyon-Wahweap (approximately 266,000 acres). (O) Rock Cove (approximately 17,000 acres). (P) The Blues (approximately 22,000 acres). (Q) The Cockscomb (approximately 12,000 acres). (R) Warm Creek (approximately 24,000 acres). (S) Wide Hollow (approximately 7,700 acres). (c) Escalante canyons (1) Findings Congress finds that— (A) glens and coves carved in massive sandstone cliffs, spring-watered hanging gardens, and the silence of ancient Anasazi ruins are examples of the unique features that entice hikers, campers, and sightseers from around the world to Escalante Canyon; (B) Escalante Canyon links the spruce fir forests of the 11,000-foot Aquarius Plateau with winding slickrock canyons that flow into Glen Canyon; (C) Escalante Canyon, one of Utah’s most popular natural areas, contains critical habitat for deer, elk, and wild bighorn sheep that also enhances the scenic integrity of the area; (D) each of the areas described in paragraph (2) is located within the Grand Staircase-Escalante National Monument, as established in 1996; and (E) Escalante Canyon should be protected and managed as a wilderness area. (2) Designation 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: (A) Colt Mesa (approximately 28,000 acres). (B) Death Hollow (approximately 50,000 acres). (C) Forty Mile Gulch (approximately 7,600 acres). (D) Lampstand (approximately 11,500 acres). (E) Muley Twist Flank (approximately 3,700 acres). (F) North Escalante Canyons (approximately 182,000 acres). (G) Pioneer Mesa (approximately 11,000 acres). (H) Scorpion (approximately 61,000 acres). (I) Sooner Bench (approximately 500 acres). (J) Steep Creek (approximately 36,000 acres). (K) Studhorse Peaks (approximately 24,000 acres). 103. Moab-La Sal Canyons Wilderness Areas (a) Findings Congress finds that— (1) the canyons surrounding the La Sal Mountains and the town of Moab offer a variety of extraordinary landscapes; (2) outstanding examples of natural formations and landscapes in the Moab-La Sal area include the huge sandstone fins of Behind the Rocks, the mysterious Fisher Towers, and the whitewater rapids of Westwater Canyon; and (3) the Moab-La Sal area should be protected and managed as a wilderness area. (b) Designation 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) Arches Adjacent (approximately 4,100 acres). (2) Beaver Creek (approximately 45,000 acres). (3) Behind the Rocks (approximately 19,500 acres). (4) Big Triangle (approximately 21,500 acres). (5) Coyote Wash (approximately 27,000 acres). (6) Dome Plateau (approximately 36,500 acres). (7) Fisher Towers (approximately 18,000 acres). (8) Goldbar Canyon (approximately 9,500 acres). (9) Granite Creek (approximately 5,000 acres). (10) Hunter Canyon (approximately 5,500 acres). (11) Mary Jane Canyon (approximately 27,500 acres). (12) Mill Creek (approximately 17,000 acres). (13) Morning Glory (approximately 11,000 acres). (14) Porcupine Rim (approximately 10,000 acres). (15) Renegade Point (approximately 6,200 acres). (16) Westwater Canyon (approximately 39,000 acres). (17) Yellow Bird (approximately 4,600 acres). 104. Henry Mountains Wilderness Areas (a) Findings Congress finds that— (1) the Henry Mountain Range, the last mountain range to be discovered and named by early explorers in the contiguous United States, still retains a wild and undiscovered quality; (2) fluted badlands that surround the flanks of 11,000-foot Mounts Ellen and Pennell contain areas of critical habitat for mule deer and for the largest herd of free-roaming buffalo in the United States; (3) despite their relative accessibility, the Henry Mountain Range remains one of the wildest, least-known ranges in the United States; and (4) the Henry Mountain range should be protected and managed to ensure the preservation of the range as a wilderness area. (b) Designation 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) Bull Mountain (approximately 16,000 acres). (2) Bullfrog Creek (approximately 42,000 acres). (3) Dogwater Creek (approximately 3,400 acres). (4) Fremont Gorge (approximately 22,000 acres). (5) Long Canyon (approximately 16,500 acres). (6) Mount Ellen-Blue Hills (approximately 145,000 acres). (7) Mount Hillers (approximately 20,000 acres). (8) Mount Pennell (approximately 155,000 acres). (9) Notom Bench (approximately 7,300 acres). (10) Oak Creek (approximately 1,500 acres). (11) Ragged Mountain (approximately 29,000 acres). 105. Glen Canyon Wilderness Areas (a) Findings Congress finds that— (1) the side canyons of Glen Canyon, including the Dirty Devil River and the Red, White and Blue Canyons, contain some of the most remote and outstanding landscapes in southern Utah; (2) the Dirty Devil River, once the fortress hideout of outlaw Butch Cassidy’s Wild Bunch, has sculpted a maze of slickrock canyons through an imposing landscape of monoliths and inaccessible mesas; (3) the Red and Blue Canyons contain colorful Chinle/Moenkopi badlands found nowhere else in the region; and (4) the canyons of Glen Canyon in the State should be protected and managed as wilderness areas. (b) Designation 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) Cane Spring Desert (approximately 18,000 acres). (2) Dark Canyon (approximately 138,000 acres). (3) Dirty Devil (approximately 245,000 acres). (4) Fiddler Butte (approximately 93,000 acres). (5) Flat Tops (approximately 30,000 acres). (6) Little Rockies (approximately 64,000 acres). (7) Red Rock Plateau (approximately 210,000 acres). (8) The Needle (approximately 11,000 acres). (9) White Canyon (approximately 115,500 acres). 106. San Juan-Anasazi Wilderness Areas (a) Findings Congress finds that— (1) more than 1,000 years ago, the Anasazi Indian culture flourished in the slickrock canyons and on the piñon-covered mesas of southeastern Utah; (2) evidence of the ancient presence of the Anasazi pervades the Cedar Mesa area of the San Juan-Anasazi area where cliff dwellings, rock art, and ceremonial kivas embellish sandstone overhangs and isolated benchlands; (3) the Cedar Mesa area is in need of protection from the vandalism and theft of its unique cultural resources; (4) the Cedar Mesa wilderness areas should be created to protect both the archaeological heritage and the extraordinary wilderness, scenic, and ecological values of the United States; and (5) the San Juan-Anasazi area should be protected and managed as a wilderness area to ensure the preservation of the unique and valuable resources of that area. (b) Designation 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) Allen Canyon (approximately 6,400 acres). (2) Arch Canyon (approximately 30,500 acres). (3) Comb Ridge (approximately 16,000 acres). (4) Cross Canyon (approximately 2,400 acres). (5) East Montezuma (approximately 46,500 acres). (6) Fish and Owl Creek Canyon (approximately 74,000 acres). (7) Grand Gulch (approximately 161,000 acres). (8) Hammond Canyon (approximately 4,700 acres). (9) Monument Canyon (approximately 18,000 acres). (10) Nokai Dome (approximately 94,000 acres). (11) Road Canyon (approximately 64,000 acres). (12) San Juan River (approximately 15,000 acres). (13) The Tabernacle (approximately 7,400 acres). (14) Tin Cup Mesa (approximately 26,000 acres). (15) Valley of the Gods (approximately 20,000 acres). 107. Canyonlands Basin Wilderness Areas (a) Findings Congress finds that— (1) Canyonlands National Park safeguards only a small portion of the extraordinary red-hued, cliff-walled canyonland region of the Colorado Plateau; (2) areas near Canyonlands National Park contain canyons with rushing perennial streams, natural arches, bridges, and towers; (3) the gorges of the Green and Colorado Rivers lie on adjacent land managed by the Secretary; (4) popular overlooks in Canyonlands National Park and Dead Horse Point State Park have views directly into adjacent areas, including Lockhart Basin and Indian Creek; and (5) designation of those areas as wilderness would ensure the protection of this erosional masterpiece of nature and of the rich pockets of wildlife found within its expanded boundaries. (b) Designation 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) Bridger Jack Mesa (approximately 33,500 acres). (2) Butler Wash (approximately 27,000 acres). (3) Dead Horse Cliffs (approximately 5,300 acres). (4) Demon’s Playground (approximately 3,600 acres). (5) Duma Point (approximately 14,500 acres). (6) Gooseneck (approximately 9,400 acres). (7) Hatch Point Canyons/Lockhart Basin (approximately 150,500 acres). (8) Horseshoe Canyon (approximately 83,500 acres). (9) Horsethief Point (approximately 15,500 acres). (10) Indian Creek (approximately 28,500 acres). (11) Labyrinth Canyon (approximately 83,000 acres). (12) San Rafael River (approximately 117,000 acres). (13) Shay Mountain (approximately 15,500 acres). (14) Sweetwater Reef (approximately 69,500 acres). 108. San Rafael Swell Wilderness Areas (a) Findings Congress finds that— (1) the San Rafael Swell towers above the desert like a castle, ringed by 1,000-foot ramparts of Navajo Sandstone; (2) the highlands of the San Rafael Swell have been fractured by uplift and rendered hollow by erosion over countless millennia, leaving a tremendous basin punctuated by mesas, buttes, and canyons and traversed by sediment-laden desert streams; (3) among other places, the San Rafael wilderness offers exceptional back country opportunities in the colorful Wild Horse Badlands, the monoliths of North Caineville Mesa, the rock towers of Cliff Wash, and colorful cliffs of Humbug Canyon; (4) the mountains within these areas are among Utah’s most valuable habitat for desert bighorn sheep; and (5) the San Rafael Swell area should be protected and managed to ensure its preservation as a wilderness area. (b) Designation 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) Cedar Mountain (approximately 15,000 acres). (2) Devils Canyon (approximately 14,000 acres). (3) Eagle Canyon (approximately 38,500 acres). (4) Factory Butte (approximately 22,000 acres). (5) Hondu Country (approximately 2,600 acres). (6) Jones Bench (approximately 3,400 acres). (7) Limestone Cliffs (approximately 25,500 acres). (8) Lost Spring Wash (approximately 36,500 acres). (9) Mexican Mountain (approximately 25,000 acres). (10) Molen Reef (approximately 32,500 acres). (11) Muddy Creek (approximately 92,000 acres). (12) Mussentuchit Badlands (approximately 24,500 acres). (13) Price River-Humbug (approximately 122,000 acres). (14) Red Desert (approximately 36,500 acres). (15) Rock Canyon (approximately 17,500 acres). (16) San Rafael Knob (approximately 15,000 acres). (17) San Rafael Reef (approximately 53,000 acres). (18) Sids Mountain (approximately 36,500 acres). (19) Upper Muddy Creek (approximately 18,500 acres). (20) Wild Horse Mesa (approximately 63,000 acres). 109. Book Cliffs and Uinta Basin Wilderness Areas (a) Findings Congress finds that— (1) the Book Cliffs and Uinta Basin wilderness areas offer— (A) unique big game hunting opportunities in verdant high-plateau forests; (B) the opportunity for float trips of several days duration down the Green River in Desolation Canyon; and (C) the opportunity for calm water canoe weekends on the White River; (2) the long rampart of the Book Cliffs bounds the area on the south, while seldom-visited uplands, dissected by the rivers and streams, slope away to the north into the Uinta Basin; (3) bears, Bighorn sheep, cougars, elk, and mule deer flourish in the back country of the Book Cliffs; and (4) the Book Cliffs and Uinta Basin areas should be protected and managed to ensure the protection of the areas as wilderness. (b) Designation 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) Bad Land Cliffs (approximately 13,000 acres). (2) Bourdette Draw (approximately 15,500 acres). (3) Bull Canyon (approximately 3,100 acres). (4) Dead Horse Pass (approximately 8,400 acres). (5) Desbrough Canyon (approximately 14,000 acres). (6) Desolation Canyon (approximately 32,000 acres). (7) Diamond Breaks (approximately 8,600 acres). (8) Diamond Canyon (approximately 168,000 acres). (9) Diamond Mountain (approximately 31,000 acres). (10) Dinosaur Adjacent (approximately 7,900 acres). (11) Goslin Mountain (approximately 3,800 acres). (12) Hideout Canyon (approximately 12,500 acres). (13) Lower Flaming Gorge (approximately 21,000 acres). (14) Mexico Point (approximately 1,500 acres). (15) Moonshine Draw (approximately 10,500 acres). (16) Mountain Home (approximately 7,800 acres). (17) O-Wi-Yu-Kuts (approximately 14,000 acres). (18) Red Creek Badlands (approximately 4,600 acres). (19) Survey Point (approximately 8,600 acres). (20) Turtle Canyon (approximately 9,700 acres). II Administrative provisions 201. General provisions (a) Names of wilderness areas Each wilderness area named in title I shall— (1) consist of the quantity of land referenced with respect to that named area, as generally depicted on the map entitled Utah BLM Wilderness Proposed by H.R. 1630, 113th Congress ; and (2) be known by the name given to it in title I. (b) Map and 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 each wilderness area designated by this Act with— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Public availability Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the Office of the Director of the Bureau of Land Management. 202. Administration Subject to valid rights in existence on the date of enactment of this Act, each wilderness area designated under this Act shall be administered by the Secretary in accordance with— (1) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.); and (2) the Wilderness Act ( 16 U.S.C. 1131 et seq.). 203. State school trust land within wilderness areas (a) In general Subject to subsection (b), if State-owned land is included in an area designated by this Act as a wilderness area, the Secretary shall offer to exchange land owned by the United States in the State of approximately equal value in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ) and section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ). (b) Mineral interests The Secretary shall not transfer any mineral interests under subsection (a) unless the State transfers to the Secretary any mineral interests in land designated by this Act as a wilderness area. 204. Water (a) Reservation (1) Water for wilderness areas (A) In general With respect to each wilderness area designated by this Act, Congress reserves a quantity of water determined by the Secretary to be sufficient for the wilderness area. (B) Priority date The priority date of a right reserved under subparagraph (A) shall be the date of enactment of this Act. (2) Protection of rights The Secretary and other officers and employees of the United States shall take any steps necessary to protect the rights reserved by paragraph (1)(A), including the filing of a claim for the quantification of the rights in any present or future appropriate stream adjudication in the courts of the State— (A) in which the United States is or may be joined; and (B) that is conducted in accordance with section 208 of the Department of Justice Appropriation Act, 1953 (66 Stat. 560, chapter 651). (b) Prior rights not affected Nothing in this Act relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act. (c) Administration (1) Specification of rights The Federal water rights reserved by this Act are specific to the wilderness areas designated by this Act. (2) No precedent established Nothing in this Act related to reserved Federal water rights— (A) shall establish a precedent with regard to any future designation of water rights; or (B) shall affect the interpretation of any other Act or any designation made under any other Act. 205. Roads (a) Setbacks (1) Measurement in general A setback under this section shall be measured from the center line of the road. (2) Wilderness on 1 side of roads Except as provided in subsection (b), a setback for a road with wilderness on only 1 side shall be set at— (A) 300 feet from a paved Federal or State highway; (B) 100 feet from any other paved road or high standard dirt or gravel road; and (C) 30 feet from any other road. (3) Wilderness on both sides of roads Except as provided in subsection (b), a setback for a road with wilderness on both sides (including cherry-stems or roads separating 2 wilderness units) shall be set at— (A) 200 feet from a paved Federal or State highway; (B) 40 feet from any other paved road or high standard dirt or gravel road; and (C) 10 feet from any other roads. (b) Setback exceptions (1) Well-defined topographical barriers If, between the road and the boundary of a setback area described in paragraph (2) or (3) of subsection (a), there is a well-defined cliff edge, stream bank, or other topographical barrier, the Secretary shall use the barrier as the wilderness boundary. (2) Fences If, between the road and the boundary of a setback area specified in paragraph (2) or (3) of subsection (a), there is a fence running parallel to a road, the Secretary shall use the fence as the wilderness boundary if, in the opinion of the Secretary, doing so would result in a more manageable boundary. (3) Deviations from setback areas (A) Exclusion of disturbances from wilderness boundaries In cases where there is an existing livestock development, dispersed camping area, borrow pit, or similar disturbance within 100 feet of a road that forms part of a wilderness boundary, the Secretary may delineate the boundary so as to exclude the disturbance from the wilderness area. (B) Limitation on exclusion of disturbances The Secretary shall make a boundary adjustment under subparagraph (A) only if the Secretary determines that doing so is consistent with wilderness management goals. (C) Deviations restricted to minimum necessary Any deviation under this paragraph from the setbacks required under in paragraph (2) or (3) of subsection (a) shall be the minimum necessary to exclude the disturbance. (c) Delineation within setback area The Secretary may delineate a wilderness boundary at a location within a setback under paragraph (2) or (3) of subsection (a) if, as determined by the Secretary, the delineation would enhance wilderness management goals. 206. Livestock Within the wilderness areas designated under title I, the grazing of livestock authorized on the date of enactment of this Act shall be permitted to continue subject to such reasonable regulations and procedures as the Secretary considers necessary, as long as the regulations and procedures are consistent with— (1) the Wilderness Act ( 16 U.S.C. 1131 et seq.); and (2) section 101(f) of the Arizona Desert Wilderness Act of 1990 ( Public Law 101–628 ; 104 Stat. 4469). 207. Fish and wildlife Nothing in this Act affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State. 208. Protection of Tribal rights Nothing in this Act affects or modifies— (1) any right of any federally recognized Indian Tribe; or (2) any obligation of the United States to any federally recognized Indian Tribe. 209. Management of newly acquired land Any land within the boundaries of a wilderness area designated under this Act that is acquired by the Federal Government shall— (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this Act and other laws applicable to wilderness areas. 210. Withdrawal Subject to valid rights existing on the date of enactment of this Act, the Federal land referred to in title I is withdrawn from all forms of— (1) entry, appropriation, or disposal under public law; (2) location, entry, and patent under mining law; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. | https://www.govinfo.gov/content/pkg/BILLS-117s1535is/xml/BILLS-117s1535is.xml |
117-s-1536 | II 117th CONGRESS 1st Session S. 1536 IN THE SENATE OF THE UNITED STATES May 10, 2021 Ms. Collins (for herself and Mr. Peters ) 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 the availability of medical nutrition therapy services under the Medicare program.
1. Short title This Act may be cited as the Medical Nutrition Therapy Act of 2021 . 2. Findings Congress finds the following: (1) Over two-thirds of Medicare fee-for-service beneficiaries have 2 or more chronic conditions, many of which can be prevented, delayed, treated, or managed through nutrition. (2) Individuals from many racial and ethnic minority backgrounds are more likely to be diagnosed with chronic diseases such as diabetes, prediabetes, chronic kidney disease, end-stage renal disease, and obesity. (3) The Centers for Disease Control and Prevention finds that individuals are at an increased risk of severe illness from COVID–19 if they have cancer, chronic kidney disease, diabetes, heart conditions such as health failure or coronary artery disease, or obesity. (4) Coverage for medical nutrition therapy is only available to Medicare Part B beneficiaries with diabetes or a renal disease, despite medical nutrition therapy being part of the standard of care, in clinical guidelines, and medically necessary for many more chronic conditions. (5) Medical nutrition therapy has been shown to be a cost-effective component of treatment for obesity, diabetes, hypertension, dyslipidemia, HIV infection, unintended weight loss in older adults, and other chronic conditions. 3. Expanding the availability of medical nutrition therapy services under the Medicare program (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)(V), by striking in the case of and all that follows through organizations ; and (2) in subsection (vv)— (A) in paragraph (1)— (i) by striking disease management and inserting the prevention, management, or treatment of a disease or condition specified in paragraph (4) ; (ii) by inserting , physician assistant, nurse practitioner, clinical nurse specialist (as such terms are defined in subsection (aa)(5)), or, in the case of such services furnished to manage such a disease or condition that is an eating disorder, clinical psychologist (as defined by the Secretary) before the period at the end; and (iii) by adding at the end the following new sentence: Such term shall not include any such services furnished to an individual for the prevention, management, or treatment of a renal disease if such individual is receiving maintenance dialysis for which payment is made under section 1881. ; and (B) by adding at the end the following new paragraph: (4) For purposes of paragraph (1), the diseases and conditions specified in this paragraph are the following: (A) Diabetes and prediabetes. (B) A renal disease. (C) Obesity (as defined for purposes of subsection (yy)(2)(C) or as otherwise defined by the Secretary). (D) Hypertension. (E) Dyslipidemia. (F) Malnutrition. (G) Eating disorders. (H) Cancer. (I) Gastrointestinal diseases, including Celiac disease. (J) HIV. (K) AIDS. (L) Cardiovascular disease. (M) Any other disease or condition— (i) specified by the Secretary relating to unintentional weight loss; (ii) for which the Secretary determines the services described in paragraph (1) to be medically necessary and appropriate for the prevention, management, or treatment of such disease or condition, consistent with any applicable recommendations of the United States Preventive Services Task Force; or (iii) for which the Secretary determines the services described in paragraph (1) are medically necessary, consistent with either protocols established by registered dietitians or nutrition professional organizations or with accepted clinical guidelines identified by the Secretary. . (b) Exclusion modification Section 1862(a)(1) is amended— (1) in subparagraph (O), by striking and at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting , and ; and (3) by adding at the end the following new subparagraph: (Q) in the case of medical nutrition therapy services (as defined in section 1861(vv)), which are not furnished for the prevention, management, or treatment of a disease or condition specified in paragraph (4) of such section; . (c) Effective date The amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s1536is/xml/BILLS-117s1536is.xml |
117-s-1537 | II 117th CONGRESS 1st Session S. 1537 IN THE SENATE OF THE UNITED STATES May 10, 2021 Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To modernize certain Federal agencies for an era of strategic energy and mineral competition, and for other purposes.
1. Short title This Act may be cited as the Strategic Energy and Minerals Initiative Act of 2021 . 2. Policy of the United States (a) In general It is the policy of the United States to enable the private sector in the United States to compete in global energy and critical minerals markets that may be dominated by cartels, state-sponsored enterprises, and trade finance agencies that utilize the provision of credit, capital, and other financial support for strategic energy purposes. (b) Critical mineral defined In this section, the term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 (division Z of Public Law 116–260 ; 134 Stat. 2562; 30 U.S.C. 1606(a) ). 3. Strategic energy and minerals portfolio of United States International Development Finance Corporation Title V of the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9671 et seq.) is amended by adding at the end the following: 1455. Strategic energy and minerals portfolio The Corporation— (1) may provide support under title II for projects related to any type of energy, including fossil fuels, renewables (including hydropower), and nuclear energy, or the production, processing, manufacturing, or recycling of critical minerals (as defined in section 7002(a) of the Energy Act of 2020 (division Z of Public Law 116–260 ; 134 Stat. 2562; 30 U.S.C. 1606(a) )); and (2) may not prohibit, restrict, or otherwise impede the provision of support on the basis of the type of energy involved in a project. . 4. Opposition to policies at multilateral development banks restricting assistance based on type of energy involved (a) In general The Secretary of the Treasury shall direct the United States Executive Director of each multilateral development bank to use the voice and vote of the United States at the bank to oppose all policies, rules, and regulations at the bank that restrict the provision of development assistance to developing countries on the basis of the type of energy involved, including through restrictions on upstream fossil fuel activities and the use of coal-fired electricity generation. (b) Multilateral development bank defined In this section, the term multilateral development bank has the meaning given that term in section 1701(c) of the International Financial Institutions Act ( 22 U.S.C. 262r(c) ). 5. Promotion of energy and minerals exports by Export-Import Bank of the United States (a) Strategic energy and minerals portfolio The Export-Import Bank Act of 1945 ( 12 U.S.C. 635 et seq.) is amended by adding at the end the following: 16. Strategic energy and minerals portfolio (a) In general The Bank shall establish a strategic energy and minerals portfolio focused on providing financing (including loans, guarantees, and insurance) for civil nuclear energy infrastructure projects (subject to subsection (c)), natural gas infrastructure projects, and critical minerals projects (including production, processing, manufacturing, or recycling), that may facilitate— (1) increases in exports of United States energy commodities, such as regasification terminals; (2) the export of United States equipment, materials, and technology; or (3) the strategic diversification of supply chains critical to the United States economy. (b) Maximum exposure cap for strategic energy portfolio (1) In general The aggregate amount of loans, guarantees, and insurance under subsection (a) the Bank has outstanding at any one time may not exceed $50,000,000,000. (2) Treatment of defaults A default on financing provided under subsection (a) shall not— (A) be included in the default rate calculated by the Bank under section 8(g)(1); or (B) count for purposes of the freeze on lending provided for under section 6(a)(3). (c) Limitation The Bank may provide financing for civil nuclear energy infrastructure projects only in countries with which the United States has in effect a nuclear cooperation agreement under section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ). (d) Rule of construction Nothing in this section may be construed to lessen the obligation of the Bank to conduct rigorous due diligence and mitigate risks with respect to transactions or projects for which the Bank provides financing under this section. (e) Critical mineral defined In this section, the term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 (division Z of Public Law 116–260 ; 134 Stat. 2562; 30 U.S.C. 1606(a) ). . (b) Promotion of energy exports Section 2(b)(1)(C) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(1)(C) ) is amended by striking nonnuclear renewable and inserting all . (c) Modification of limitation on financing for nuclear energy exports Section 2(b)(5)(C) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(5)(C) ) is amended by striking any liquid metal fast breeder nuclear reactor or any nuclear fuel reprocessing facility and inserting any nuclear material, equipment, or technology not provided for under a nuclear cooperation agreement in effect under section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ) . (d) Extension of export-Import bank (1) Aggregate loan, guarantee, and insurance authority Section 6(a) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635e(a) ) is amended— (A) in paragraph (2), by striking fiscal years 2020 through 2027, means $135,000,000,000 and inserting 2021 through 2031, means $200,000,000,000 ; and (B) in paragraph (3), by striking If and inserting Except as provided in section 16(b)(2), if . (2) Termination Section 7 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635f ) is amended by striking 2026 and inserting 2031 . 6. Loan guarantees for projects that increase the domestic supply of critical minerals Section 1703(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b) ) is amended by adding at the end the following: (13) Projects that increase the domestic supply of critical minerals (as designated by the Secretary of the Interior under section 7002(c) of the Energy Act of 2020 (division Z of Public Law 116–260 ; 134 Stat. 2563; 30 U.S.C. 1606(c) ), including through the production, manufacturing, processing, recycling, or fabrication of mineral alternatives. . 7. Implementation of federal strategy to ensure secure and reliable supplies of critical minerals Not later than 2 years after the date of the enactment of this Act, the Federal Government shall fully implement the recommendations made in the report of the Department of Commerce entitled A Federal Strategy to Ensure the Secure and Reliable Supplies of Critical Minerals and dated June 2019. | https://www.govinfo.gov/content/pkg/BILLS-117s1537is/xml/BILLS-117s1537is.xml |
117-s-1538 | II 117th CONGRESS 1st Session S. 1538 IN THE SENATE OF THE UNITED STATES May 10, 2021 Mr. Merkley (for himself, Mr. Wyden , Mr. Padilla , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Smith River National Recreation Area Act to include certain additions to the Smith River National Recreation Area, to amend the Wild and Scenic Rivers Act to designate certain wild rivers in the State of Oregon, and for other purposes.
1. Short title This Act may be cited as the Smith River National Recreation Area Expansion Act . 2. Additions to the Smith River National Recreation Area (a) Definitions Section 3 of the Smith River National Recreation Area Act ( 16 U.S.C. 460bbb–1 ) is amended— (1) in paragraph (1), by striking referred to in section 4(b) and inserting entitled Proposed Smith River National Recreation Area and dated July 1990 ; and (2) in paragraph (2), by striking the Six Rivers National Forest and inserting an applicable unit of the National Forest System . (b) Boundaries Section 4(b) of the Smith River National Recreation Area Act ( 16 U.S.C. 460bbb–2(b) ) is amended— (1) in paragraph (1)— (A) in the first sentence, by inserting and on the map entitled Proposed Additions to the Smith River National Recreation Area and dated November 14, 2019 after 1990 ; and (B) in the second sentence, by striking map and inserting maps ; and (2) in paragraph (2), by striking map and inserting maps described in paragraph (1) . (c) Administration Section 5 of the Smith River National Recreation Area Act ( 16 U.S.C. 460bbb–3 ) is amended— (1) in subsection (b)— (A) in paragraph (1), in the first sentence, by striking the map and inserting the maps ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking area shall be on and inserting area and any portion of the recreation area in the State of Oregon shall be on roadless ; and (ii) by adding at the end the following: (I) The Kalmiopsis Wilderness shall be managed in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.). ; (2) in subsection (c), by striking by the amendments made by section 10(b) of this Act and inserting within the recreation area ; and (3) by adding at the end the following: (d) Study; report (1) In general Not later than 5 years after the date of enactment of this subsection, the Secretary shall conduct a study of the area depicted on the map entitled Proposed Additions to the Smith River National Recreation Area and dated November 14, 2019, that includes inventories and assessments of streams, fens, wetlands, lakes, other water features, and associated land, plants (including Port-Orford-cedar), animals, fungi, algae, and other values, and unstable and potentially unstable aquatic habitat areas in the study area. (2) Modification of management plans; report On completion of the study under paragraph (1), the Secretary shall— (A) modify any applicable management plan to fully protect the inventoried values under the study, including to implement additional standards and guidelines; and (B) submit to Congress a report describing the results of the study. ; (e) Wildfire management Nothing in this Act affects the authority of the Secretary (in cooperation with other Federal, State, and local agencies, as appropriate) to conduct wildland fire operations within the recreation area, consistent with the purposes of this Act. (f) Vegetation management Nothing in this Act prohibits the Secretary from conducting vegetation management projects (including wildfire resiliency and forest health projects) within the recreation area, to the extent consistent with the purposes of the recreation area. (g) Application of Northwest Forest Plan and roadless rule to certain portions of the recreation area Nothing in this Act affects the application of the Northwest Forest Plan or part 294 of title 36, Code of Federal Regulations (commonly referred to as the Roadless Rule ) (as in effect on the date of enactment of this subsection), to portions of the recreation area in the State of Oregon that are subject to the plan and those regulations as of the date of enactment of this subsection. (h) Protection of tribal rights (1) In general Nothing in this Act diminishes any right of an Indian Tribe. (2) Memorandum of understanding The Secretary shall seek to enter into a memorandum of understanding with applicable Indian Tribes with respect to— (A) providing the Indian Tribes with access to the portions of the recreation area in the State of Oregon to conduct historical and cultural activities, including the procurement of noncommercial forest products and materials for traditional and cultural purposes; and (B) the development of interpretive information to be provided to the public on the history of the Indian Tribes and the use of the recreation area by the Indian Tribes. . (d) Acquisition Section 6(a) of the Smith River National Recreation Area Act ( 16 U.S.C. 460bbb–4(a) ) is amended— (1) in the fourth sentence, by striking All lands and inserting the following: (4) Applicable law All land ; (2) in the third sentence— (A) by striking The Secretary and inserting the following: (3) Method of acquisition The Secretary ; (B) by striking or any of its political subdivisions and inserting , the State of Oregon, or any political subdivision of the State of California or the State of Oregon ; and (C) by striking donation or and inserting purchase, donation, or ; (3) in the second sentence, by striking In exercising and inserting the following: (2) Consideration of offers by Secretary In exercising ; (4) in the first sentence, by striking The Secretary and inserting the following: (1) In general The Secretary ; and (5) by adding at the end the following: (5) Acquisition of cedar creek parcel On the adoption of a resolution by the State Land Board of Oregon and subject to available funding, the Secretary shall acquire all right, title, and interest in and to the approximately 555 acres of land known as the Cedar Creek Parcel located in sec. 16, T. 41 S., R. 11 W., Willamette Meridian. . (e) Fish and game Section 7 of the Smith River National Recreation Area Act ( 16 U.S.C. 460bbb–5 ) is amended— (1) in the first sentence, by inserting or the State of Oregon after State of California ; and (2) in the second sentence, by inserting or the State of Oregon, as applicable after State of California . (f) Management planning Section 9 of the Smith River National Recreation Area Act ( 16 U.S.C. 460bbb–7 ) is amended— (1) in the first sentence, by striking The Secretary and inserting the following: (a) Revision of management plan The Secretary ; and (2) by adding at the end the following: (b) Smith River National Recreation Area Management Plan revision As soon as practicable after the date of the first revision of the forest plan after the date of enactment of this subsection, the Secretary shall revise the management plan for the recreation area— (1) to reflect the expansion of the recreation area into the State of Oregon under the Smith River National Recreation Area Expansion Act ; and (2) to include an updated recreation action schedule to identify specific use and development plans for the areas described in the map entitled Proposed Additions to the Smith River National Recreation Area and dated November 14, 2019. . (g) Streamside protection zones Section 11(b) of the Smith River National Recreation Area Act ( 16 U.S.C. 460bbb–8(b) ) is amended by adding at the end the following: (24) Each of the river segments described in subparagraph (B) of section 3(a)(92) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(92) ). . (h) State and local jurisdiction and assistance Section 12 of the Smith River National Recreation Area Act ( 16 U.S.C. 460bbb–9 ) is amended— (1) in subsection (a), by striking California or any political subdivision thereof and inserting California, the State of Oregon, or a political subdivision of the State of California or the State of Oregon ; (2) in subsection (b), in the matter preceding paragraph (1), by striking California or its political subdivisions and inserting California, the State of Oregon, or a political subdivision of the State of California or the State of Oregon ; and (3) in subsection (c), in the first sentence— (A) by striking California and its political subdivisions and inserting California, the State of Oregon, and any political subdivision of the State of California or the State of Oregon ; and (B) by striking State and its political subdivisions and inserting State of California, the State of Oregon, and any political subdivision of the State of California or the State of Oregon . 3. Wild and scenic river designations (a) North Fork Smith additions, Oregon (1) Finding Congress finds that the source tributaries of the North Fork Smith River in the State of Oregon possess outstandingly remarkable wild anadromous fish and prehistoric, cultural, botanical, recreational, and water quality values. (2) Designation Section 3(a)(92) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(92) ) is amended— (A) in subparagraph (B), by striking scenic and inserting wild ; (B) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (C) in the matter preceding clause (i) (as so redesignated), by striking The 13-mile and inserting the following: (A) In general The 13-mile ; and (D) by adding at the end the following: (B) Additions The following segments of the source tributaries of the North Fork Smith River, to be administered by the Secretary of Agriculture in the following classes: (i) The 13.26-mile segment of Baldface Creek from its headwaters, including all perennial tributaries, to the confluence with the North Fork Smith in T. 39 S., R 10 W., T. 40 S., R. 10 W., and T. 41 S., R. 11 W., Willamette Meridian, as a wild river. (ii) The 3.58-mile segment from the headwaters of Taylor Creek to the confluence with Baldface Creek, as a wild river. (iii) The 4.38-mile segment from the headwaters of the unnamed tributary to Biscuit Creek and the headwaters of Biscuit Creek to the confluence with Baldface Creek, as a wild river. (iv) The 2.27-mile segment from the headwaters of Spokane Creek to the confluence with Baldface Creek, as a wild river. (v) The 1.25-mile segment from the headwaters of Rock Creek to the confluence with Baldface Creek, flowing south from sec. 19, T. 40 S., R. 10 W., Willamette Meridian, as a wild river. (vi) The 1.31-mile segment from the headwaters of the unnamed tributary number 2 to the confluence with Baldface Creek, flowing north from sec. 27, T. 40 S., R. 10 W., Willamette Meridian, as a wild river. (vii) The 3.6-mile segment from the 2 headwaters of the unnamed tributary number 3 to the confluence with Baldface Creek, flowing south from secs. 9 and 10, T. 40 S., R. 10 W., Willamette Meridian, as a wild river. (viii) The 1.57-mile segment from the headwaters of the unnamed tributary number 4 to the confluence with Baldface Creek, flowing north from sec. 26, T. 40 S., R. 10 W., Willamette Meridian, as a wild river. (ix) The 0.92-mile segment from the headwaters of the unnamed tributary number 5 to the confluence with Baldface Creek, flowing north from sec. 13, T. 40 S., R. 10 W., Willamette Meridian, as a wild river. (x) The 4.90-mile segment from the headwaters of Cedar Creek to the confluence with North Fork Smith River, as a wild river. (xi) The 2.38-mile segment from the headwaters of Packsaddle Gulch to the confluence with North Fork Smith River, as a wild river. (xii) The 2.4-mile segment from the headwaters of Hardtack Creek to the confluence with North Fork Smith River, as a wild river. (xiii) The 2.21-mile segment from the headwaters of the unnamed creek to the confluence with North Fork Smith River, flowing east from sec. 29, T. 40 S., R. 11 W., Willamette Meridian, as a wild river. (xiv) The 3.06-mile segment from the headwaters of Horse Creek to the confluence with North Fork Smith River, as a wild river. (xv) The 2.61-mile segment of Fall Creek from the Oregon State border to the confluence with North Fork Smith River, as a wild river. (xvi) (I) Except as provided in subclause (II), the 4.57-mile segment from the headwaters of North Fork Diamond Creek to the confluence with Diamond Creek, as a wild river. (II) Notwithstanding subclause (I), the portion of the segment described in that subclause that starts 100 feet above Forest Service Road 4402 and ends 100 feet below Forest Service Road 4402 shall be administered as a scenic river. (xvii) The 1.02-mile segment from the headwaters of Diamond Creek to the Oregon State border in sec. 14, T. 40 S., R. 10 W., Willamette Meridian, as a wild river. (xviii) The 1.14-mile segment from the headwaters of Acorn Creek to the confluence with Horse Creek, as a wild river. (xix) The 8.58-mile segment from the headwaters of Chrome Creek to the confluence with North Fork Smith River, as a wild river. (xx) The 2.98-mile segment from the headwaters Chrome Creek tributary number 1 to the confluence with Chrome Creek, 0.82 miles upstream from the mouth of Chrome Creek in the Kalmiopsis Wilderness, flowing south from sec. 15, T. 40 S., R. 11 W., Willamette Meridian, as a wild river. (xxi) The 2.19-mile segment from the headwaters of Chrome Creek tributary number 2 to the confluence with Chrome Creek, 3.33 miles upstream from the mouth of Chrome Creek in the Kalmiopsis Wilderness, flowing south from sec. 12, T. 40 S., R. 11 W., Willamette Meridian, as a wild river. (xxii) The 1.27-mile segment from the headwaters of Chrome Creek tributary number 3 to the confluence with Chrome Creek, 4.28 miles upstream from the mouth of Chrome Creek in the Kalmiopsis Wilderness, flowing north from sec. 18, T. 40 S., R. 10 W., Willamette Meridian, as a wild river. (xxiii) The 2.27-mile segment from the headwaters of Chrome Creek tributary number 4 to the confluence with Chrome Creek, 6.13 miles upstream from the mouth of Chrome Creek, flowing south from Chetco Peak in the Kalmiopsis Wilderness in sec. 36, T. 39 S., R. 11 W., Willamette Meridian, as a wild river. (xxiv) The 0.6-mile segment from the headwaters of Wimer Creek to the border between the States of Oregon and California, flowing south from sec. 17, T. 41 S., R. 10 W., Willamette Meridian, as a wild river. . (b) Expansion of smith river, oregon Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by striking paragraph (111) and inserting the following: (111) Smith river, california and oregon The segment from the confluence of the Middle Fork Smith River and the North Fork Smith River to the Six Rivers National Forest boundary, including the following segments of the mainstem and certain tributaries, to be administered by the Secretary of Agriculture in the following classes: (A) Mainstem The segment from the confluence of the Middle Fork Smith River and the South Fork Smith River to the Six Rivers National Forest boundary, as a recreational river. (B) Rowdy Creek (i) Upper The segment from and including the headwaters to the California-Oregon State line, as a wild river. (ii) Lower The segment from the California-Oregon State line to the Six Rivers National Forest boundary, as a recreational river. . | https://www.govinfo.gov/content/pkg/BILLS-117s1538is/xml/BILLS-117s1538is.xml |
117-s-1539 | II 117th CONGRESS 1st Session S. 1539 IN THE SENATE OF THE UNITED STATES May 10, 2021 Mr. Ossoff (for himself and Mr. Warnock ) 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 ensure access to water and food for voters waiting in line at polling stations in Federal elections.
1. Short title This Act may be cited as the Voters’ Access to Water Act . 2. Prohibiting restrictions on donations of food and beverages at polling stations (a) Findings and purpose Congress finds the following: (1) States have a legitimate interest in prohibiting electioneering at or near polling places, and each State has some form of restriction on political activities near polling places when voting is taking place. (2) In recent elections, voters have waited in unacceptably long lines to cast their ballot. During the 2018 midterm election, more than 3,000,000 voters were made to wait longer than the acceptable threshold for wait times set by the Presidential Commission on Election Administration, including many well-documented cases where voters were made to wait for several hours. A disproportionate number of those who had to wait long periods were Black or Latino voters, who were more likely than White voters to wait in the longest lines on Election Day. (3) Allowing volunteers to donate food and water to all people waiting in line at a polling place, regardless of the voters’ political preference and without engaging in electioneering activities or partisan advocacy, helps ensure Americans who face long lines at their polling place can still exercise their Constitutional right to vote, without risk of dehydration, inadequate food, discomfort, and risks to health. (b) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: 304. Prohibiting States from restricting donations of food and beverages at polling stations (a) Prohibition Subject to the exception in subsection (b), a State may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a Federal election is located, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients. (b) Exception A State may require persons distributing food and nonalcoholic beverages outside the entrance to the building where a polling place for a Federal election is located to refrain from political or electioneering activity. (c) Effective date This section shall apply with respect to elections for Federal office occurring on and after January 1, 2022. . (c) Timing of issuance Section 311(b) of such Act ( 52 U.S.C. 21101(b) ) is amended— (1) by striking and at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) in the case of the recommendations with respect to section 304, January 1, 2022. . (d) 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. Prohibiting States from restricting donations of food and beverages at polling stations. . | https://www.govinfo.gov/content/pkg/BILLS-117s1539is/xml/BILLS-117s1539is.xml |
117-s-1540 | II 117th CONGRESS 1st Session S. 1540 IN THE SENATE OF THE UNITED STATES May 10, 2021 Ms. Hassan (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 amend the Child Abuse Prevention and Treatment Act to provide for better protections for children raised in kinship families outside of the foster care system.
1. Short title This Act may be cited as the Help Grandfamilies Prevent Child Abuse Act . 2. Findings Congress finds as follows: (1) Nearly 2,700,000 children are being raised in kinship families, or grandfamilies , by relatives or close family friends without their parents in the home, and the vast majority of such children are raised outside of the foster care system. (2) The majority of kinship caregivers are grandparents. (3) For every child in foster care living with relatives, there are 19 being raised by relatives outside of the foster care system. (4) More than one-third of all children placed in foster care because of parental drug or alcohol use are placed with relatives. (5) Children who have been exposed to substance misuse in the home may also experience abuse and neglect, and research indicates that children in family foster care because of substance use are more likely to be placed with relatives than with nonrelatives. 3. Amendments to CAPTA (a) Advisory board on child abuse and neglect Section 102(c) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5102(c) ) is amended— (1) in paragraph (13), by striking ; and and inserting a semicolon; (2) in paragraph (14), by striking the period and inserting a semicolon; and (3) by adding at the end the following: (15) organizations providing services to kinship families; and (16) birth parents, kinship caregivers, and foster care alumni. . (b) National clearinghouse for information relating to child abuse Section 103(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5104(b) ) is amended— (1) in paragraph (8)(B), by striking ; and and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ; and ; and (3) by adding at the end the following: (10) coordinate with the National Technical Assistance Center on Grandfamilies and Kinship Families to disseminate information about evidence-based, evidence-informed, and exemplary practices used to support children being raised in kinship families within, or outside of, the child welfare system. . (c) Grants to States, Indian Tribes or Tribal organizations, and public or private agencies and organizations Section 105(a)(4) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106(a)(4) ) is amended by adding at the end the following: Such procedures used by recipients of a grant pursuant to this paragraph shall reflect equity for children placed with kin, recognize their unique circumstances, and include plans for prioritizing placement with kin as the first placement, identifying and engaging kin as supports for children throughout the child’s involvement with the child welfare system, making it a priority to license kin as foster parents, supporting permanent families for children placed with kin, and creating a strong community network to support kin families. . (d) Grants to States for child abuse or neglect prevention and treatment programs Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a )— (1) in subsection (b)(2)— (A) in subparagraph (B)(iv), by inserting , and for how kinship placements will be prioritized before the semicolon; and (B) in subparagraph (D)(v), by inserting kinship navigators, after substance abuse treatment agencies, ; and (2) in subsection (d)(3)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (B) by inserting after subparagraph (A) the following: (B) the number that did not receive services during the year under the State program funded under this section or an equivalent State program because the child was diverted from the child welfare system to live with kin outside of the foster care system; ; and (C) in subparagraph (D), as so redesignated, by striking families and inserting parents . (e) Community-Based grants for the prevention of child abuse and neglect (1) Purpose Section 201(b)(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116(b)(1) ) is amended— (A) in subparagraph (G), by striking ; and and inserting a semicolon; (B) in subparagraph (H), by adding and after the semicolon; and (C) by adding at the end the following: (I) support the unique needs of kinship families raising children inside or outside the foster care system; . (2) Local program requirements Section 205(a) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116e(a) ) is amended— (A) in paragraph (2), by striking and to parents who are adult former victims of domestic violence or child abuse or neglect and inserting to parents who are adult former victims of domestic violence or child abuse or neglect, and to families where children are being raised by kin because their parents cannot raise them ; (B) in paragraph (3)(B)— (i) in clause (viii), by striking and ; (ii) in clause (ix), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (x) training to meet the specific needs of kinship caregivers, including training on caring for children with behavioral or mental health challenges and how to access services for which such caregivers may be eligible; and (xi) training on understanding substance use disorders and the impact of trauma on children. ; and (C) in paragraph (4), by inserting , kinship caregivers, and foster care alumni after parents . | https://www.govinfo.gov/content/pkg/BILLS-117s1540is/xml/BILLS-117s1540is.xml |
117-s-1541 | II 117th CONGRESS 1st Session S. 1541 IN THE SENATE OF THE UNITED STATES May 10, 2021 Ms. Duckworth (for herself, Mr. Portman , Mr. Schatz , Mr. Booker , Mr. King , Mr. Markey , Mrs. Gillibrand , Ms. Warren , Mr. Casey , Mr. Blumenthal , Mr. Wyden , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to require the Federal Communications Commission to ensure just and reasonable charges for telephone and advanced communications services in correctional and detention facilities.
1. Short title This Act may be cited as the Martha Wright-Reed Just and Reasonable Communications Act of 2021 . 2. Findings Congress finds the following: (1) Prison, jails, and detention centers in the United States have unique telecommunications needs due to safety and security concerns. (2) Unjust and unreasonable charges negatively impact the safety and security of communities in the United States by exacerbating recidivism by damaging relationships between incarcerated people and their support systems. (3) It is the policy of the United States to ensure that all people in the United States, including anyone who pays for communications with incarcerated people via telephone and advanced communications, are afforded just and reasonable charges for all communications services. (4) The current correctional facilities communications market suffers from market failure. Among other issues, consumers cannot choose among competing providers, which produces locational monopolies and monopoly profits at the expense of rate-payers. (5) Charges for communicating with individuals detained in prisons, jails, and detention centers have been shown to be unjust and unreasonable as a result of industry practices and lack of competition. (6) Unjust and unreasonable charges extend to telephone and advanced communications services and to both intrastate and interstate communications. (7) Mrs. Martha Wright-Reed of Washington, DC, led a campaign for just calling rates for incarcerated people for over a decade. Mrs. Wright-Reed was the lead plaintiff in Wright v. Corrections Corporation of America, CA No. 00–293 (GK) (D.D.C. 2001), which ultimately led to the Wright Petition at the Federal Communications Commission, CC Docket No. 96–128 (Nov. 3, 2003). Mrs. Wright-Reed became involved, when, as a grandmother, she was forced to choose between purchasing medication and communicating with her incarcerated grandson. Mrs. Wright-Reed passed away on January 18, 2015 before fully realizing her dream of just communications rates for all people. (8) After the Federal Communications Commission granted the petition Wright Petition described in paragraph (7), the United States Court of Appeals for the District of Columbia Circuit reversed the Federal Communications Commission by interpreting section 276 of the Communications Act of 1934 ( 47 U.S.C. 276 ) in the case of Global Tel*Link v. Federal Communications Commission, 866 F.3d 397 (D.C. Cir. 2017), in part by constricting the meaning of the word fair and limiting the means by which the Federal Communications Commission can calculate fair, just, and reasonable charges. 3. Technical amendments (a) In general Section 276 of the Communications Act of 1934 ( 47 U.S.C. 276 ) is amended— (1) in subsection (b)(1)(A)— (A) by striking per call ; (B) by inserting , and all charges are just and reasonable, after fairly compensated ; (C) by striking each and every ; and (D) by striking call using and inserting communications using ; and (2) in subsection (d), by inserting and advanced communications services after inmate telephone service . (b) Definition of advanced communications services Section 3(1) of the Communications Act of 1934 ( 47 U.S.C. 153(1) ) is amended— (1) in subparagraph (C), by striking and at the end; (2) in subparagraph (D), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (E) any audio or video communications service provided at a correctional institution, regardless of technology used. . (c) Application of the Act Section 2(b) of the Communications Act of 1934 ( 47 U.S.C. 152(b) ) is amended by inserting section 276, after sections 223 through 227, inclusive, . 4. Implementation (a) Rulemaking Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall promulgate any regulations necessary to implement this Act and the amendments made by this Act. (b) Use of data In implementing this Act and the amendments made by this Act, including by promulgating regulations under subsection (a) and determining just and reasonable rates, the Federal Communications Commission may use industry average costs and collect and analyze such data as the Commission determines necessary. | https://www.govinfo.gov/content/pkg/BILLS-117s1541is/xml/BILLS-117s1541is.xml |
117-s-1542 | II 117th CONGRESS 1st Session S. 1542 IN THE SENATE OF THE UNITED STATES May 10, 2021 Mr. Booker (for himself, Ms. Baldwin , Mrs. Gillibrand , Mr. Blumenthal , Ms. Stabenow , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XIX and XXI of the Social Security Act to improve Medicaid and the Children's Health Insurance Program for low-income mothers.
1. Short title This Act may be cited as the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act or the MOMMIES Act . 2. Enhancing Medicaid and CHIP benefits for low-income pregnant individuals (a) Extending continuous Medicaid and CHIP coverage for pregnant and postpartum individuals (1) Medicaid Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) is amended— (A) in section 1902(e)— (i) in paragraph (6), by striking 60-day period (beginning on the last day of her pregnancy) and inserting 1-year period beginning on the last day of the pregnancy (or such longer period beginning on such day as the State may elect) ; and (ii) by striking paragraph (16); (B) in section 1902(l)(1)(A), by striking 60-day period beginning on the last day of the pregnancy and inserting 1-year period beginning on the last day of the pregnancy or such longer period beginning on such day as the State may elect ; (C) in section 1903(v)(4)(A)(i), by striking 60-day period beginning on the last day of the pregnancy and inserting 1-year period beginning on the last day of the pregnancy or such longer period beginning on such day as the State may elect ; and (D) in section 1905(a), in the 4th sentence in the matter following paragraph (30), by striking 60-day period beginning on the last day of her pregnancy and inserting 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect, . (2) CHIP Title XXI of the Social Security Act ( 42 U.S.C. 1397 et seq.) is amended— (A) in section 2107(e)(1)(J)— (i) by striking Paragraphs (5) and (16) ; and (ii) by striking (relating to and all that follows through the period and inserting (relating to the provision of medical assistance to pregnant individuals during and following pregnancy under title XIX). ; and (B) in section 2112— (i) in subsection (d)(2)(A), by striking 60-day period and all that follows through the semicolon and inserting 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect, ends; ; and (ii) in subsection (f)(2)— (I) by striking 60-day period (beginning on the last day of the pregnancy) and inserting 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect, . (b) Requiring full benefits for pregnant and postpartum individuals (1) In general Paragraph (5) of section 1902(e) of the Social Security Act ( 24 U.S.C. 1396a(e) ) is amended to read as follows: (5) Coverage of full benefits for at least 1 year for pregnant and postpartum individuals (A) In general Any individual who, while pregnant, is eligible for and has received medical assistance under the State plan approved under this title or a waiver of such plan (including during a period of retroactive eligibility under subsection (a)(34)) shall continue to be eligible under the plan or waiver for medical assistance through the end of the month in which the 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect, ends, regardless of the basis for the individual's eligibility for medical assistance, including if the individual's eligibility for medical assistance is on the basis of being pregnant. (B) Scope of benefits The medical assistance provided for a pregnant or postpartum individual described in subparagraph (A) shall— (i) include all items and services covered under the State plan (or waiver) that are not less in amount, duration, or scope, or are determined by the Secretary to be substantially equivalent, to the medical assistance available for an individual described in subsection (a)(10)(A)(i); and (ii) be provided for the individual while pregnant and during the 1-year period that begins on the last day of the pregnancy, or such longer period beginning on such day as the State may elect, and ends on the last day of the month in which such period ends. . (2) Conforming amendment Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) ) is amended in the matter following subparagraph (G) by striking (VII) the medical assistance and all that follows through during the period described in such section, . (c) Requiring coverage of oral health services for pregnant and postpartum individuals (1) Medicaid Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (a)(4)— (i) by striking ; and (D) and inserting ; (D) ; (ii) by striking ; and (E) and inserting ; (E) ; (iii) by striking ; and (F) and inserting ; (F) ; and (iv) by inserting ; and (G) oral health services for pregnant and postpartum individuals (as defined in subsection (jj)) after (or waiver of such plan) ; and (B) by adding at the end the following new subsection: (jj) Oral health services for pregnant and postpartum individuals (1) In general For purposes of this title, the term oral health services for pregnant and postpartum individuals means dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions that are furnished to an individual during pregnancy (or during the 1 year period that begins on the last day of the pregnancy, or such longer period beginning on such day as the State may elect). (2) Coverage requirements To satisfy the requirement to provide oral health services for pregnant and postpartum individuals, a State shall, at a minimum, provide coverage for preventive, diagnostic, periodontal, and restorative care consistent with recommendations for comprehensive perinatal oral health services and dental services during pregnancy from the American Academy of Pediatric Dentistry and the American College of Obstetricians and Gynecologists. . (2) CHIP Section 2103(c)(6)(A) of the Social Security Act ( 42 U.S.C. 1397cc(c)(6)(A) ) is amended by inserting or a targeted low-income pregnant individual after targeted low-income child . (3) Technical amendment Section 2112(d)(2) of the Social Security Act ( 42 U.S.C. 1397ll(d)(2) ) is amended— (A) in the paragraph header, by inserting ; targeted low-income pregnant individual after woman ; and (B) by striking the term targeted low-income pregnant woman means and inserting the terms targeted low-income pregnant woman and targeted low-income pregnant individual mean . (d) Maintenance of effort (1) Medicaid Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (A) in paragraph (74), by striking subsection (gg); and and inserting subsections (gg) and (tt); ; and (B) by adding at the end the following new subsection: (tt) Maintenance of effort related to low-Income pregnant individuals For calendar quarters beginning on or after the date of enactment of this subsection, and before January 1, 2025, no Federal payment shall be made to a State under section 1903(a) for amounts expended under a State plan under this title or a waiver of such plan if the State— (1) has in effect under such plan eligibility standards, methodologies, or procedures (including any enrollment cap or other numerical limitation on enrollment, any waiting list, any procedures designed to delay the consideration of applications for enrollment, any income counting rules, or similar limitation with respect to enrollment) for individuals described in subsection (l)(1) who are eligible for medical assistance under the State plan or waiver under subsection (a)(10)(A)(ii)(IX) that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, for such individuals under such plan or waiver that are in effect on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act ; or (2) reduces the amount, duration, or scope of medical assistance available to individuals described in subsection (l)(1) who are eligible for medical assistance under such plan or waiver under subsection (a)(10)(A)(ii)(IX) from what the State provided to such individuals under such plan or waiver on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act . . (2) CHIP Section 2112 of the Social Security Act ( 42 U.S.C. 1397ll ), as amended by subsection (a), is further amended by adding at the end the following subsection: (g) Maintenance of effort For calendar quarters beginning on or after January 1, 2022, and before January 1, 2025, no payment may be made under section 2105(a) with respect to a State child health plan if the State— (1) has in effect under such plan eligibility standards, methodologies, or procedures (including any enrollment cap or other numerical limitation on enrollment, any waiting list, any procedures designed to delay the consideration of applications for enrollment, or similar limitation with respect to enrollment) for targeted low-income pregnant individuals that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan that are in effect on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act ; or (2) provides pregnancy-related assistance to targeted low-income pregnant individuals under such plan at a level that is less than the level at which the State provides such assistance to such individuals under such plan on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act . . (e) Enhanced FMAP Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by subsection (c), is further amended— (1) in subsection (b), by striking and (ii) and inserting (ii), and (kk) ; and (2) by adding at the end the following new subsection: (kk) Increased FMAP for additional expenditures for low-Income pregnant individuals For calendar quarters beginning on or after January 1, 2021, notwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to the additional amounts expended by such State for medical assistance under the State plan under this title or a waiver of such plan that are attributable to requirements imposed by the amendments made by the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act (as determined by the Secretary), shall be equal to 100 percent. . (f) GAO study and report (1) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the gaps in coverage for— (A) pregnant individuals under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) and the Children's Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq.); and (B) postpartum individuals under the Medicaid program and the Children's Health Insurance Program who received assistance under either such program during their pregnancy. (2) Content of report The report required under this subsection shall include the following: (A) Information about the abilities and successes of State Medicaid agencies in determining whether pregnant and postpartum individuals are eligible under another insurance affordability program, and in transitioning any such individuals who are so eligible to coverage under such a program at the end of their period of eligibility for medical assistance, pursuant to section 435.1200 of the title 42, Code of Federal Regulations (as in effect on September 1, 2018). (B) Information on factors contributing to gaps in coverage that disproportionately impact underserved populations, including low-income individuals, Black, Indigenous, and other individuals of color, individuals who reside in a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act ( 42 U.S.C. 254e(a)(1)(A) )) or individuals who are members of a medically underserved population (as defined by section 330(b)(3) of such Act ( 42 U.S.C. 254b(b)(3)(A) )). (C) Recommendations for addressing and reducing such gaps in coverage. (D) Such other information as the Comptroller General deems necessary. (3) Data disaggregation To the greatest extent possible, the Comptroller General shall dissagregate data presented in the report, including by age, gender identity, race, ethnicity, income level, and other demographic factors. (g) Effective date The amendments made by subsections (a) and (b) shall take effect January 1, 2021. 3. Maternity care home demonstration project Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) is amended by inserting the following new section after section 1947: 1948. Maternity Care Home Demonstration Project (a) In general Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a demonstration project (in this section referred to as the demonstration project ) under which the Secretary shall provide grants to States to enter into arrangements with eligible entities to implement or expand a maternity care home model for eligible individuals. (b) Definitions In this section: (1) Eligible entity The term eligible entity means an entity or organization that provides medically accurate, comprehensive maternity services to individuals who are eligible for medical assistance under a State plan under this title or a waiver of such a plan, and may include: (A) A freestanding birth center. (B) An entity or organization receiving assistance under section 330 of the Public Health Service Act. (C) A federally qualified health center. (D) A rural health clinic. (E) A health facility operated by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act). (2) Eligible individual The term eligible individual means a pregnant individual or a formerly pregnant individual during the 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as a State may elect, who is— (A) enrolled in a State plan under this title, a waiver of such a plan, or a State child health plan under title XXI; and (B) a patient of an eligible entity which has entered into an arrangement with a State under subsection (g). (c) Goals of demonstration project The goals of the demonstration project are the following: (1) To improve— (A) maternity and infant care outcomes; (B) birth equity; (C) health equity for— (i) Black, Indigenous, and other people of color; (ii) lesbian, gay, bisexual, transgender, queer, non-binary, and gender nonconfirming individuals; (iii) people with disabilities; and (iv) other underserved populations; (D) communication by maternity, infant care, and social services providers; (E) integration of perinatal support services, including community health workers, doulas, social workers, public health nurses, peer lactation counselors, lactation consultants, childbirth educators, peer mental health workers, and others, into health care entities and organizations; (F) care coordination between maternity, infant care, oral health services, and social services providers within the community; (G) the quality and safety of maternity and infant care; (H) the experience of individuals receiving maternity care, including by increasing the ability of an individual to develop and follow their own birthing plans; and (I) access to adequate prenatal and postpartum care, including— (i) prenatal care that is initiated in a timely manner; (ii) not fewer than 5 post-pregnancy visits to a maternity care provider; and (iii) interpregnancy care. (2) To provide coordinated, evidence-based, respectful, culturally and linguistically appropriate, and person-centered maternity care management. (3) To decrease— (A) severe and preventable maternal morbidity and maternal mortality; (B) overall health care spending; (C) unnecessary emergency department visits; (D) disparities in maternal and infant care outcomes, including racial, economic, disability, gender-based, and geographical disparities; (E) racial, gender, economic, and other discrimination among among health care professionals; (F) racism, discrimination, disrespect, and abuse in maternity care settings; (G) the rate of cesarean deliveries for low-risk pregnancies; (H) the rate of preterm births and infants born with low birth weight; and (I) the rate of avoidable maternal and newborn hospitalizations and admissions to intensive care units. (d) Consultation In designing and implementing the demonstration project the Secretary shall consult with stakeholders, including— (1) States; (2) organizations representing relevant health care professionals, including oral health services professionals; (3) organizations, particularly reproductive justice and birth justice organizations led by people of color, that represent consumers of maternal health care, including consumers of maternal health care who are disproportionately impacted by poor maternal health outcomes; (4) representatives with experience implementing other maternity care home models, including representatives from the Center for Medicare and Medicaid Innovation; (5) community-based health care professionals, including doulas, lactation consultants, and other stakeholders; (6) experts in promoting health equity and combating racial bias in health care settings; and (7) Black, Indigenous, and other maternal health care consumers of color who have experienced severe maternal morbidity. (e) Application and selection of States (1) In general A State seeking to participate in the demonstration project shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. (2) Selection of States (A) In general The Secretary shall select at least 10 States to participate in the demonstration project. (B) Selection requirements In selecting States to participate in the demonstration project, the Secretary shall— (i) ensure that there is geographic and regional diversity in the areas in which activities will be carried out under the project; (ii) ensure that States with significant disparities in maternal and infant health outcomes, including severe maternal morbidity, and other disparities based on race, income, or access to maternity care, are included; and (iii) ensure that at least 1 territory is included. (f) Grants (1) In general From amounts appropriated under subsection (l), the Secretary shall award 1 grant for each year of the demonstration project to each State that is selected to participate in the demonstration project. (2) Use of grant funds A State may use funds received under this section to— (A) award grants or make payments to eligible entities as part of an arrangement described in subsection (g)(2); (B) provide financial incentives to health care professionals, including community-based health care workers and community-based doulas, who participate in the State's maternity care home model; (C) provide adequate training for health care professionals, including community-based health care workers, doulas, and care coordinators, who participate in the State's maternity care home model, which may include training for cultural humility and antiracism, racial bias, health equity, reproductive and birth justice, trauma-informed care, home visiting skills, and respectful communication and listening skills, particularly in regards to maternal health; (D) pay for personnel and administrative expenses associated with designing, implementing, and operating the State's maternity care home model; (E) pay for items and services that are furnished under the State's maternity care home model and for which payment is otherwise unavailable under this title; (F) pay for services and materials to ensure culturally and linguistically appropriate communication, including— (i) language services such as interpreters and translation of written materials; and (ii) development of culturally and linguistically appropriate materials; and auxiliary aids and services; and (G) pay for other costs related to the State's maternity care home model, as determined by the Secretary. (3) Grant for national independent evaluator (A) In general From the amounts appropriated under subsection (l), prior to awarding any grants under paragraph (1), the Secretary shall enter into a contract with a national external entity to create a single, uniform process to— (i) ensure that States that receive grants under paragraph (1) comply with the requirements of this section; and (ii) evaluate the outcomes of the demonstration project in each participating State. (B) Annual report The contract described in subparagraph (A) shall require the national external entity to submit to the Secretary— (i) a yearly evaluation report for each year of the demonstration project; and (ii) a final impact report after the demonstration project has concluded. (C) Secretary's authority Nothing in this paragraph shall prevent the Secretary from making a determination that a State is not in compliance with the requirements of this section without the national external entity making such a determination. (g) Partnership with eligible entities (1) In general As a condition of receiving a grant under this section, a State shall enter into an arrangement with one or more eligible entities that meets the requirements of paragraph (2). (2) Arrangements with eligible entities Under an arrangement between a State and an eligible entity under this subsection, the eligible entity shall perform the following functions, with respect to eligible individuals enrolled with the entity under the State's maternity care home model— (A) provide culturally and linguistically appropriate congruent care, which may include prenatal care, family planning services, medical care, mental and behavioral care, postpartum care, and oral health services to such eligible individuals through a team of health care professionals, which may include obstetrician-gynecologists, maternal-fetal medicine specialists, family physicians, primary care providers, oral health providers, physician assistants, advanced practice registered nurses such as nurse practitioners and certified nurse midwives, certified midwives, certified professional midwives, physical therapists, social workers, traditional and community-based doulas, lactation consultants, childbirth educators, community health workers, peer mental health supporters, and other health care professionals; (B) conduct a risk assessment of each such eligible individual to determine if their pregnancy is high or low risk, and establish a tailored pregnancy care plan, which takes into consideration the individual's own preferences and pregnancy care and birthing plans and determines the appropriate support services to reduce the individual's medical, social, and environmental risk factors, for each such eligible individual based on the results of such risk assessment; (C) assign each such eligible individual to a culturally and linguistically appropriate care coordinator, which may be a nurse, social worker, traditional or community-based doula, community health worker, midwife, or other health care provider, who is responsible for ensuring that such eligible individual receives the necessary medical care and connections to essential support services; (D) provide, or arrange for the provision of, essential support services, such as services that address— (i) food access, nutrition, and exercise; (ii) smoking cessation; (iii) substance use disorder and addiction treatment; (iv) anxiety, depression, trauma, and other mental and behavioral health issues; (v) breast feeding, chestfeeding, or other infant feeding options supports, initiation, continuation, and duration; (vi) stable, affordable, safe, and healthy housing; (vii) transportation; (viii) intimate partner violence; (ix) community and police violence; (x) home visiting services; (xi) childbirth and newborn care education; (xii) oral health education; (xiii) continuous labor support; (xiv) group prenatal care; (xv) family planning and contraceptive care and supplies; and (xvi) affordable child care; (E) as appropriate, facilitate connections to a usual primary care provider, which may be a reproductive health care provider; (F) refer to guidelines and opinions of medical associations when determining whether an elective delivery should be performed on an eligible individual before 39 weeks of gestation; (G) provide such eligible individual with evidence-based and culturally and linguistically appropriate education and resources to identify potential warning signs of pregnancy and postpartum complications and when and how to obtain medical attention; (H) provide, or arrange for the provision of, culturally and linguistically appropriate pregnancy and postpartum health services, including family planning counseling and services, to eligible individuals; (I) track and report postpartum health and birth outcomes of such eligible individuals and their children; (J) ensure that care is person-centered, culturally and linguistically appropriate, and patient-led, including by engaging eligible individuals in their own care, including through communication and education; and (K) ensure adequate training for appropriately serving the population of individuals eligible for medical assistance under the State plan or waiver of such plan, including through reproductive justice, birth justice, birth equity, and anti-racist frameworks, home visiting skills, and knowledge of social services. (h) Term of demonstration project The Secretary shall conduct the demonstration project for a period of 5 years. (i) Waiver authority To the extent that the Secretary determines necessary in order to carry out the demonstration project, the Secretary may waive section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability). (j) Technical assistance The Secretary shall establish a process to provide technical assistance to States that are awarded grants under this section and to eligible entities and other providers participating in a State maternity care home model funded by such a grant. (k) Report (1) In general Not later than 18 months after the date of the enactment of this section and annually thereafter for each year of the demonstration project term, the Secretary shall submit a report to Congress on the results of the demonstration project. (2) Final report As part of the final report required under paragraph (1), the Secretary shall include— (A) the results of the final report of the national external entity required under subsection (f)(3)(B)(ii); and (B) recommendations on whether the model studied in the demonstration project should be continued or more widely adopted, including by private health plans. (l) Authorization of appropriations There are authorized to be appropriated to the Secretary, for each of fiscal years 2022 through 2029, such sums as may be necessary to carry out this section. . 4. Reapplication of Medicare payment rate floor to primary care services furnished under Medicaid and inclusion of additional providers (a) Reapplication of payment floor; additional providers (1) In general Section 1902(a)(13) of the Social Security Act ( 42 U.S.C. 1396a(a)(13) ) is amended— (A) in subparagraph (B), by striking ; and and inserting a semicolon; (B) in subparagraph (C), by striking the semicolon and inserting ; and ; and (C) by adding at the end the following new subparagraph: (D) payment for primary care services (as defined in subsection (jj)(1)) furnished in the period that begins on the first day of the first month that begins after the date of enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act by a provider described in subsection (jj)(2)— (i) at a rate that is not less than 100 percent of the payment rate that applies to such services and the provider of such services under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year were the conversion factor under such section for 2009); (ii) in the case of items and services that are not items and services provided under such part, at a rate to be established by the Secretary; and (iii) in the case of items and services that are furnished in rural areas (as defined in section 1886(d)(2)(D)), health professional shortage areas (as defined in section 332(a)(1)(A) of the Public Health Service Act ( 42 U.S.C. 254e(a)(1)(A) )), or medically underserved areas (according to a designation under section 330(b)(3)(A) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3)(A) )), at the rate otherwise applicable to such items or services under clause (i) or (ii) increased, at the Secretary's discretion, by not more than 25 percent; . (2) Conforming amendments (A) Section 1902(a)(13)(C) of the Social Security Act ( 42 U.S.C. 1396a(a)(13)(C) ) is amended by striking subsection (jj) and inserting subsection (jj)(1) . (B) Section 1905(dd) of the Social Security Act ( 42 U.S.C. 1396d(dd) ) is amended— (i) by striking Notwithstanding and inserting the following: (1) In general Notwithstanding ; (ii) by striking section 1902(a)(13)(C) and inserting subparagraph (C) of section 1902(a)(13) ; (iii) by inserting or for services described in subparagraph (D) of section 1902(a)(13) furnished during an additional period specified in paragraph (2), after 2015, ; (iv) by striking under such section and inserting under subparagraph (C) or (D) of section 1902(a)(13), as applicable ; and (v) by adding at the end the following: (2) Additional periods For purposes of paragraph (1), the following are additional periods: (A) The period that begins on the first day of the first month that begins after the date of enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act . . (b) Improved targeting of primary care Section 1902(jj) of the Social Security Act ( 42 U.S.C. 1396a(jj) ) is amended— (1) by redesignating paragraphs (1) and (2) as clauses (i) and (ii), respectively and realigning the left margins accordingly; (2) by striking For purposes of subsection (a)(13)(C) and inserting the following: (1) In general (A) Definition For purposes of subparagraphs (C) and (D) of subsection (a)(13) ; and (3) by inserting after clause (ii) (as so redesignated) the following: (B) Exclusions Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital. (2) Additional providers For purposes of subparagraph (D) of subsection (a)(13), a provider described in this paragraph is any of the following: (A) A physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, or obstetrics and gynecology. (B) An advanced practice clinician, as defined by the Secretary, that works under the supervision of— (i) a physician that satisfies the criteria specified in subparagraph (A); (ii) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law; or (iii) or a certified nurse-midwife (as defined in section 1861(gg)) or a certified professional midwife who is working in accordance with State law. (C) A rural health clinic, federally qualified health center, health center that receives funding under title X of the Public Health Service Act, or other health clinic that receives reimbursement on a fee schedule applicable to a physician. (D) An advanced practice clinician supervised by a physician described in subparagraph (A), another advanced practice clinician, or a certified nurse-midwife. (E) A midwife who is working in accordance with State law. . (c) Ensuring payment by managed care entities (1) In general Section 1903(m)(2)(A) of the Social Security Act ( 42 U.S.C. 1396b(m)(2)(A) ) is amended— (A) in clause (xii), by striking and after the semicolon; (B) by realigning the left margin of clause (xiii) so as to align with the left margin of clause (xii) and by striking the period at the end of clause (xiii) and inserting ; and ; and (C) by inserting after clause (xiii) the following: (xiv) such contract provides that (I) payments to providers specified in section 1902(a)(13)(D) for primary care services defined in section 1902(jj) that are furnished during a year or period specified in section 1902(a)(13)(D) and section 1905(dd) are at least equal to the amounts set forth and required by the Secretary by regulation, (II) the entity shall, upon request, provide documentation to the State, sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and (III) the Secretary shall approve payments described in subclause (I) that are furnished through an agreed upon capitation, partial capitation, or other value-based payment arrangement if the capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the State sufficient to enable the State and the Secretary to ensure compliance with subclause (I). . (2) Conforming amendment Section 1932(f) of the Social Security Act ( 42 U.S.C. 1396u–2(f) ) is amended— (A) by striking section 1902(a)(13)(C) and inserting subsections (C) and (D) of section 1902(a)(13) ; and (B) by inserting and clause (xiv) of section 1903(m)(2)(A) before the period. 5. MACPAC report and CMS guidance on increasing access to doula services for Medicaid beneficiaries (a) MACPAC Report (1) In general Not later than 1 year after the date of the enactment of this Act, the Medicaid and CHIP Payment and Access Commission (referred to in this section as MACPAC ) shall publish a report on the coverage of doula services under State Medicaid programs, which shall at a minimum include the following: (A) Information about coverage for doula services under State Medicaid programs that currently provide coverage for such care, including the type of doula services offered (such as prenatal, labor and delivery, postpartum support, and also community-based and traditional doula services). (B) An analysis of barriers to covering doula services under State Medicaid programs. (C) An identification of effective strategies to increase the use of doula services in order to provide better care and achieve better maternal and infant health outcomes, including strategies that States may use to recruit, train, and certify a diverse doula workforce, particularly from underserved communities, communities of color, and communities facing linguistic or cultural barriers. (D) Recommendations for legislative and administrative actions to increase access to doula services in State Medicaid programs, including actions that ensure doulas may earn a living wage that accounts for their time and costs associated with providing care and community-based doula program administration and operation. (2) Stakeholder consultation In developing the report required under paragraph (1), MACPAC shall consult with relevant stakeholders, including— (A) States; (B) organizations, especially reproductive justice and birth justice organizations led by people of color, representing consumers of maternal health care, including those that are disproportionately impacted by poor maternal health outcomes; (C) organizations and individuals representing doulas, including community-based doula programs and those who serve underserved communities, including communities of color, and communities facing linguistic or cultural barriers; (D) organizations representing health care providers; and (E) Black, Indigenous, and other maternal health care consumers of color who have experienced severe maternal morbidity. (b) CMS guidance (1) In general Not later than 1 year after the date that MACPAC publishes the report required under subsection (a)(1), the Administrator of the Centers for Medicare & Medicaid Services shall issue guidance to States on increasing access to doula services under Medicaid. Such guidance shall at a minimum include— (A) options for States to provide medical assistance for doula services under State Medicaid programs; (B) best practices for ensuring that doulas, including community-based doulas, receive reimbursement for doula services provided under a State Medicaid program, at a level that allows doulas to earn a living wage that accounts for their time and costs associated with providing care and community-based doula program administration; and (C) best practices for increasing access to doula services, including services provided by community-based doulas, under State Medicaid programs. (2) Stakeholder consultation In developing the guidance required under paragraph (1), the Administrator of the Centers for Medicare & Medicaid Services shall consult with MACPAC and other relevant stakeholders, including— (A) State Medicaid officials; (B) organizations representing consumers of maternal health care, including those that are disproportionately impacted by poor maternal health outcomes; (C) organizations representing doulas, including community-based doulas and those who serve underserved communities, such as communities of color and communities facing linguistic or cultural barriers; and (D) organizations representing medical professionals. 6. GAO report on State Medicaid programs' use of telehealth to increase access to maternity care Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on State Medicaid programs' use of telehealth to increase access to maternity care. Such report shall include the following: (1) The number of State Medicaid programs that utilize telehealth that increases access to maternity care. (2) With respect to State Medicaid programs that utilize telehealth that increases access to maternity care, information about— (A) common characteristics of such programs' approaches to utilizing telehealth that increases access to maternity care; (B) differences in States’ approaches to utilizing telehealth to improve access to maternity care, and the resulting differences in State maternal health outcomes, as determined by factors described in subsection (C); and (C) when compared to patients who receive maternity care in-person, what is known about— (i) the demographic characteristics, such as race, ethnicity, sex, sexual orientation, gender identity, disability status, age, and preferred language of the individuals enrolled in such programs who use telehealth to access maternity care; (ii) health outcomes for such individuals, including frequency of mortality and severe morbidity, as compared to individuals with similar characteristics who did not use telehealth to access maternity care; (iii) the services provided to individuals through telehealth, including family planning services, mental health care services, and oral health services; (iv) the devices and equipment provided to individuals for remote patient monitoring and telehealth, including blood pressure monitors and blood glucose monitors; (v) the quality of maternity care provided through telehealth, including whether maternity care provided through telehealth is culturally and linguistically appropriate; (vi) the level of patient satisfaction with maternity care provided through telehealth to individuals enrolled in State Medicaid programs; (vii) the impact of utilizing telehealth to increase access to maternity care on spending, cost savings, access to care, and utilization of care under State Medicaid programs; and (viii) the accessibility and effectiveness of telehealth for maternity care during the COVID–19 pandemic. (3) An identification and analysis of the barriers to using telehealth to increase access to maternity care under State Medicaid programs. (4) Recommendations for such legislative and administrative actions related to increasing access to telehealth maternity services under Medicaid as the Comptroller General deems appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s1542is/xml/BILLS-117s1542is.xml |
117-s-1543 | II 117th CONGRESS 1st Session S. 1543 IN THE SENATE OF THE UNITED STATES May 10, 2021 Ms. Hassan (for herself, Ms. Ernst , Mr. Blumenthal , Mrs. Capito , Mr. Coons , Mr. Cornyn , Mr. Markey , Mrs. Shaheen , Mr. Tillis , Mr. Murphy , and Mr. Braun ) 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 provide best practices on student suicide awareness and prevention training and condition State educational agencies, local educational agencies, and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy.
1. Short title This Act may be cited as the Suicide Training and Awareness Nationally Delivered for Universal Prevention Act of 2021 or the STANDUP Act of 2021 . 2. Findings The Congress finds as follows: (1) Since 2010, suicide has been the second-leading cause of death for young people ages 10 through 24. In 2019, 6,488 young people ages 10–24 died by suicide. (2) Based on the 2019 Youth Risk Behavior Survey of the Centers for Disease Control and Prevention (in this section referred to as CDC ), 8.9 percent of youth in grades 9–12 reported that they made at least one suicide attempt during the 12 months before the survey. (3) While there is no complete count of suicide attempts in the United States, CDC data suggests that for every reported death by suicide among people ages 10 through 24, approximately 33.5 young people visit a hospital for self-harm related injuries. (4) In 2019, suicide was the tenth-leading cause of death overall in the United States, with over 47,500 people dying by suicide, and there were more than twice as many suicides in the United States as there were homicides. (5) Youth often display warning signs and signals before harming themselves or others. Research shows that 70 percent of those who die by suicide tell someone of their plans or give another warning sign. (6) According to the CDC, the rates of suicide among non-Hispanic American Indians and Alaska Natives were 60 percent greater than the general population in 2019 and are the highest of any racial or ethnic group in the United States. In addition, a study of CDC data from 2001 through 2015 shows that suicide rates for Black children ages 5 through 12 were roughly 2 times higher than those of similarly aged White children. 3. Student suicide awareness and prevention training (a) In general Title V of the Public Health Service Act is amended by inserting after section 520A of such Act ( 42 U.S.C. 290bb–32 ) the following: 520B. Student suicide awareness and prevention training policies (a) In general As a condition on receipt of funds under section 520A, each State educational agency, local educational agency, and tribal educational agency that receives such funds, directly or through a State or Indian Tribe, for activities to be performed in schools with respect to grades 6 through 12, including the Project AWARE State Education Agency Grant Program, shall— (1) establish and implement a school-based student suicide awareness and prevention training policy; (2) consult with stakeholders (including principals, teachers, parents, local tribal officials, and other school leaders) in the development of the policy under subsection (a)(1); and (3) collect and report information in accordance with subsection (c). (b) School-Based student suicide awareness and prevention training policy A school-based student suicide awareness and prevention training policy implemented pursuant to subsection (a)— (1) shall be evidence-based; (2) shall be culturally and linguistically appropriate; (3) shall provide evidence-based training to students in grades 6 through 12, using school-based mental health service providers, if such providers are reasonably available, regarding— (A) suicide education and awareness, including warning signs for suicide and self-harm; (B) methods that students can use to seek help for themselves and others; and (C) student resources for suicide awareness and prevention; (4) shall provide for retraining of such students every school year; (5) may last for such period as the State educational agency, local educational agency, or tribal educational agency involved determines to be appropriate; (6) may be implemented through any delivery method, including in-person trainings, digital trainings, or train-the-trainer models; and (7) may include discussion of comorbidities and risk factors for suicidal ideation or self-harm, including substance misuse, sexual, or physical abuse, mental illness, and other evidence-based comorbidities or risk factors. (c) Collection of information and reporting Each State educational agency, local educational agency, and tribal educational agency that receives funds under section 520A shall, with respect to each school served by the agency, collect and report to the Secretary the following information: (1) The number of student trainings conducted. (2) The number of students trained, disaggregated by age and grade level. (3) The number of help-seeking reports made by students after implementation of such policy. (d) Evidence-Based program listing The Secretary, in consultation with the Secretary of Education, shall make publicly available the policies established by State educational agencies, local educational agencies, and tribal educational agencies pursuant to this section and the training that is available to students and teams pursuant to such policies, including identification of whether such training is available to trainees at no cost. (e) Implementation timeline A State educational agency, local educational agency, or tribal educational agency shall establish and begin implementation of the policies required by subsection (a)(1) not later than the beginning of the third fiscal year following the date of enactment of this section for which the agency receives funds under section 520A. (f) Definitions In this section: (1) The term evidence-based has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. (2) The term local education agency has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. (3) The term school-based mental health service provider has the meaning given to such term in section 4102(6) of the Elementary and Secondary Education Act of 1965. (4) The term State educational agency has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. (5) The term tribal educational agency has the meaning given to such term in section 6132 of the Elementary and Secondary Education Act of 1965. 520B–1. Best practices for student suicide awareness and prevention training The Secretary, acting through the Assistant Secretary, in consultation with the Secretary of Education and the Bureau of Indian Education, shall— (1) publish best practices for school-based student suicide awareness and prevention training, pursuant to section 520B, that are based on— (A) evidence-based practices; and (B) input from relevant Federal agencies, national organizations, Indian tribes and tribal organizations, and related stakeholders; (2) publish guidance, based on the best practices under paragraph (1), to provide State educational agencies, local educational agencies, and tribal educational agencies with information on student suicide awareness and prevention best practices; (3) disseminate such best practices to State educational agencies, local educational agencies, and tribal educational agencies; and (4) provide technical assistance to State educational agencies, local educational agencies, and tribal educational agencies. . 4. Effective date The amendments made by this Act shall only apply with respect to applications for assistance under section 520A of the Public Health Service Act ( 42 U.S.C. 290bb–32 ) that are submitted after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1543is/xml/BILLS-117s1543is.xml |
117-s-1544 | II 117th CONGRESS 1st Session S. 1544 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Grassley (for himself, Mr. Bennet , Mr. Brown , and Mr. Portman ) 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 streamline enrollment under the Medicaid program of certain providers across State lines, and for other purposes.
1. Short title This Act may be cited as the Accelerating Kids’ Access to Care Act . 2. Streamlined enrollment process for eligible out-of-State providers under the Medicaid program (a) In general Section 1902(kk) of the Social Security Act ( 42 U.S.C. 1396a(kk) ) is amended by adding at the end the following new paragraph: (10) Streamlined enrollment process for eligible out-of-State providers (A) In general The State adopts and implements a process that enables an eligible out-of-State provider to enroll as a provider in the State plan without the imposition of additional screening requirements by the State. An eligible out-of-State provider that enrolls in the State plan through such process shall be so enrolled for a 5-year period and may revalidate such enrollment through such process for subsequent 5-year periods. (B) Definitions In this paragraph: (i) Eligible out-of-State provider The term eligible out-of-State provider means, with respect to a State, a provider— (I) that furnishes to qualifying individuals any item or service for which payment is available under the State plan of the State; (II) that is located in any other State; (III) with respect to which the Secretary has determined there is a limited risk of fraud, waste, or abuse for purposes of determining the level of screening to be conducted under section 1866(j)(2)(B); (IV) that has been screened under such section 1866(j)(2)(B) for purposes of enrolling in the Medicare program under title XVIII or the State plan of the State in which such provider is located; and (V) that has not been excluded from participation in the Medicare program under such title or the Medicaid program under this title. (ii) Qualifying individual The term qualifying individual means, with respect to an eligible out-of-State provider— (I) an individual under 18 years of age to whom the provider furnishes items and services for the treatment of a condition; and (II) an individual 18 years of age or older to whom the provider furnishes items and services for the treatment of a condition that onset before such individual attained 18 years of age. . (b) Conforming amendments (1) Section 1902(a)(77) of the Social Security Act ( 42 U.S.C. 1396a(a)(77) ) is amended by inserting enrollment, after screening, . (2) Section 1902(kk) of such Act ( 42 U.S.C. 1396a(kk) ), as amended by subsection (a), is further amended— (A) in the subsection heading, by inserting Enrollment, after Screening, ; and (B) in paragraph (9), by striking Nothing and inserting Except as provided in paragraph (10), nothing . (3) Section 2107(e)(1)(G) of such Act ( 42 U.S.C. 1397gg(e)(1)(G) ) is amended by inserting enrollment, after screening, . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section take effect on January 1, 2022. (2) Exception for State legislation In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) or a State child health plan under title XXI of such Act ( 42 U.S.C. 1397aa et seq.) which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, such State plan or State child health plan shall not be regarded as failing to comply with the requirements of such title XIX or title XXI, respectively, solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. | https://www.govinfo.gov/content/pkg/BILLS-117s1544is/xml/BILLS-117s1544is.xml |
117-s-1545 | II 117th CONGRESS 1st Session S. 1545 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Van Hollen (for himself, Ms. Klobuchar , Ms. Duckworth , Mr. Whitehouse , Mr. Sanders , Mr. Durbin , Mr. Blumenthal , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Act of 1934 to require country-by-country reporting.
1. Short title This Act may be cited as the Disclosure of Tax Havens and Offshoring Act . 2. Country-by-country reporting (a) Country-by-Country Reporting Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following new subsection: (s) Disclosure of financial performance on a Country-by-Country basis (1) Definitions In this subsection— (A) the term constituent entity means, with respect to a covered issuer, any separate business entity of the covered issuer; (B) the term covered issuer means an issuer who— (i) is a member of a multinational enterprise group; and (ii) the multinational enterprise group of which the issuer is a member has annual revenue for the preceding calendar year of not less than an amount determined by the Commission to conform to United States or international standards for country-by-country reporting; and (C) the term tax jurisdiction — (i) means a country or a jurisdiction that is not a country but that has fiscal autonomy; and (ii) includes a territory or possession of the United States that has fiscal autonomy. (2) Disclosure (A) In general Each covered issuer shall file a report with the Commission that includes information described in subparagraph (B), and any other information required by the Commission, with respect to the reporting period described in subparagraph (C). (B) Information required The information described in this subparagraph is as follows: (i) Constituent entity information Information on the constituent entity, including the following: (I) The complete legal name of the constituent entity. (II) The tax jurisdiction, if any, in which the constituent entity is resident for tax purposes. (III) The tax jurisdiction in which the constituent entity is organized or incorporated (if different from the tax jurisdiction of residence). (IV) The tax identification number, if any, used for the constituent entity by the tax administration of the constituent entity's tax jurisdiction of residence. (V) The main business activity or activities of the constituent entity. (ii) Tax jurisdiction Information on each tax jurisdiction in which one or more constituent entities is resident, presented as an aggregated or consolidated form of the information for the constituent entities resident in each tax jurisdiction, including the following: (I) Revenues generated from transactions with other constituent entities. (II) Revenues not generated from transactions with other constituent entities. (III) Profit or loss before income tax. (IV) Total income tax paid on a cash basis to all tax jurisdictions. (V) Total accrued tax expense recorded on taxable profits or losses. (VI) Stated capital. (VII) Total accumulated earnings. (VIII) Total number of employees on a full-time equivalent basis. (IX) Net book value of tangible assets, which, for purposes of this section, does not include cash or cash equivalents, intangibles, or financial assets. (iii) Special rules The information listed in clause (ii) shall be provided, in aggregated or consolidated form, for any constituent entity or entities that have no tax jurisdiction of residence. In addition, if a constituent entity is an owner of a constituent entity that does not have a jurisdiction of tax residence, then the owner's share of such entity's revenues and profits will be aggregated or consolidated with the information for the owner's tax jurisdiction of residence. (C) Reporting period The reporting period covered by this paragraph is the period of the covered entity's applicable financial statement prepared for the 12-month period that ends with or within the taxable year of the covered issuer. If the covered issuer does not prepare an annual applicable financial statement, then the reporting period covered by this paragraph is the 12-month period that ends on the last day of the taxable year of the covered issuer. (D) Filing deadline Each covered issuer shall submit to the Commission a report required under this section on or before the due date (including extensions) for filing that covered issuer’s tax return in the tax jurisdiction in which the covered issuer’s multinational enterprise group is resident. (E) Regulation The Commission shall promulgate regulations carrying out this section that conform to United States or international standards for country-by-country reporting, including regulations promulgated by the Internal Revenue Service. . (b) Rulemaking (1) Deadlines The Securities and Exchange Commission (in this section referred to as the Commission ) shall— (A) not later than 270 days after the date of enactment of this Act, issue a proposed rule to carry out this section and the amendment made by this section; and (B) not later than 1 year after the date of enactment of this Act, issue a final rule to carry out this section and the amendment made by this section. (2) Data format The information required to be provided under subsection (s) of section 13 of the Securities Exchange Act of 1934, as added by this section, shall be provided by the issuer in a report in a machine readable format prescribed by the Commission, and such report shall be made available to the public online, in such machine readable format as the Commission shall prescribe. (3) Effective date Subsection (s) of section 13 of the Securities Exchange Act of 1934, as added by this section, shall become effective 1 year after the date on which the Commission issues a final rule under this section. | https://www.govinfo.gov/content/pkg/BILLS-117s1545is/xml/BILLS-117s1545is.xml |
117-s-1546 | II 117th CONGRESS 1st Session S. 1546 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Ethics in Government Act of 1978 to provide for reform in the operations of the Office of Government Ethics, and for other purposes.
1. Short title This Act may be cited as the Executive Branch Comprehensive Ethics Enforcement Act . 2. Tenure of the Director of the Office of Government Ethics Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) by inserting after the first sentence the following: The Director shall be subject to removal only for inefficiency, neglect of duty, or malfeasance in office. ; and (2) by adding at the end the following: The Director may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Director may not continue to serve for more than 1 year after the date on which the term would otherwise expire under this subsection. . 3. Duties of Director of the Office of Government Ethics (a) Duties generally (1) In general Section 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in paragraph (1)— (i) by striking developing, in consultation with the Attorney General and the Office of Personnel Management, and inserting (A) developing ; (ii) by striking title II and inserting title I ; (iii) by adding and after the semicolon; and (iv) by adding at the end the following: (B) before promulgating rules or regulations under subparagraph (A), consulting with the Attorney General; ; (B) by striking paragraph (2) and inserting the following: (2) providing mandatory education and training programs for agency ethics counselors and other responsible officials, which may be delegated to each agency or the Counsel to the President, as determined appropriate by the Director; ; (C) by redesignating paragraph (14) as paragraph (3) and transferring such paragraph, as so redesignated, to after paragraph (2); (D) by redesignating paragraph (3) (relating to monitoring and investigating compliance) and paragraphs (4) through (13) as paragraphs (4) through (14), respectively; (E) in paragraph (3), as redesignated and transferred by subparagraph (C) of this paragraph, by striking and at the end; (F) in paragraph (4), as so redesignated, by striking title II and inserting title I ; (G) in paragraph (5), as so redesignated— (i) by striking violations of applicable conflict of interest laws or regulations and inserting conflicts of interest or other ethics issues ; (ii) by striking recommending and inserting directing ; and (iii) by striking ethical problems and inserting ethics issues ; (H) in paragraph (7), as so redesignated, by striking ethical problems and inserting ethics issues ; (I) in paragraph (8), as so redesignated— (i) by striking , when requested, ; and (ii) by striking conflict of interest problems and inserting conflicts of interest and other ethics issues ; (J) in paragraph (10), as so redesignated, by inserting , except that the Director may not order the President to take corrective action before the semicolon; (K) in paragraph (12), as so redesignated, by striking conflict of interest laws and inserting laws, rules, and regulations relating to conflicts of interest and other ethics issues ; (L) in paragraph (13), as so redesignated— (i) by striking evaluating and inserting promulgating ; (ii) by striking the need for ; and (iii) by striking conflict of interest and ethical problems and inserting conflicts of interest and other ethics issues ; (M) in paragraph (14), as so redesignated— (i) by striking violations of the conflict of interest laws and inserting conflicts of interest and other ethics issues ; and (ii) by striking , as required by section 535 of title 28, United States Code ; (N) in paragraph (15)— (i) by striking title II and inserting title I ; and (ii) by striking the period at the end and inserting a semicolon; and (O) by adding at the end the following: (16) determining whether employees of an agency have violated this Act and issuing appropriate administrative penalties; (17) directing and providing final approval, when determined appropriate by the Director, for agency ethics counselors and other responsible officials regarding the resolution of conflicts of interest and other ethics issues under the purview of this Act in individual cases; and (18) reviewing and, when determined appropriate by the Director, approving any recusals because of, exemptions from, or waivers of the laws, rules, and regulations relating to conflicts of interest and other ethics issues and making approved recusals, exemptions, and waivers publicly available. . (2) Technical and conforming amendments (A) Section 402(e) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended, in the matter preceding paragraph (1), by striking subsection (b)(10) and inserting subsection (b)(11) . (B) Section 402(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking subsection (b)(9) each place it appears and inserting subsection (b)(10) . (b) Written procedures Section 402(d)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) by striking , by the exercise of any authority otherwise available to the Director under this title, ; and (2) by striking the agency is . (c) Corrective action Section 402(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (i)— (I) by inserting (or, with respect to the President, recommend) after order the first place it appears; and (II) by striking of such agency ; and (ii) in clause (ii), by inserting (or, with respect to the President, recommend) after order ; and (B) in subparagraph (B), by striking notify the President and all that follows through may provide) and inserting determine that a violation of this Act has occurred and (except with respect to the President) issue appropriate administrative or legal remedies as prescribed in paragraph (2) ; (2) in paragraph (2)— (A) in subparagraph (A)— (i) in clause (ii)(II)— (I) by striking shall notify the President in writing ; (II) by striking such action; and inserting such action— ; and (III) by adding at the end the following: (aa) shall notify the President in writing; and (bb) may conduct a formal investigation and hearing in accordance to the procedures described in subparagraph (B); and ; (ii) in clause (iii)— (I) in the matter preceding subclause (I), by inserting or has violated after is violating ; and (II) by striking subclause (II) and inserting the following: (II) shall, if the officer or employee has not complied with the order under subclause (I) within a reasonable period of time— (aa) if the officer or employee is the head of an agency, notify the President and Congress of the officer's or employee's noncompliance; and (bb) in the case of any other officer or employee, order, in writing, that the head of the officer's or employee's agency take appropriate disciplinary action, including reprimand, suspension, demotion, or dismissal against the officer or employee. ; and (iii) by striking clause (iv); and (B) in subparagraph (B)— (i) in clause (i)— (I) by inserting (I) before In order to ; (II) by striking (iii) or (iv) ; and (III) by adding at the end the following: (II) (aa) In conducting an investigation, the Director may require by subpoena— (AA) the production of information, documents, reports, answers, records, accounts, papers, and other data in any medium and other documentary evidence; and (BB) a witness to appear at a time or place stated in the subpoena before an individual authorized to take depositions to be used in the courts of the United States, to give full and true answers to written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined or cross-examined on the subject of the claim. (bb) In the case of a refusal to obey a subpoena of the Director under item (aa), the subpoena may be enforced by order of any appropriate United States district court. (cc) The Director may secure directly from any agency information necessary to enable the Director to carry out this Act. Upon request of the Director, the head of such agency (except in the case of the President) shall furnish that information to the Director. ; (ii) in clause (ii)(I)— (I) by striking Subject to clause (iv) of this subparagraph, before and inserting Before ; and (II) by striking subparagraphs (A) (iii) or (iv) and inserting subparagraph (A)(iii) ; (iii) in clause (iii), by striking Subject to clause (iv) of this subparagraph, before and inserting Before ; and (iv) in clause (iv)— (I) by striking title 2 and inserting title I ; and (II) by striking section 206 and inserting section 104 ; (3) in paragraph (4), by striking (iv), ; and (4) by striking paragraph (5) and inserting the following: (5) (A) The Office of Government Ethics shall be the central repository, by maintaining data or referencing data by internet link that is maintained by agencies or otherwise made publicly available, of all laws, rules and regulations relating to conflicts of interest and other ethics issues, recusals, waivers, and exemptions of such laws, rules, and regulations, ethics advisory opinions, ethics agreements of senior executive branch personnel and employee certificates of divestiture, financial disclosure reports as required under title I of this Act, compliance reviews, enforcement actions, and any other public records concerning conflicts of interest and other ethics issues for the executive branch required by law. (B) All financial disclosure reports and records relating to conflicts of interest and other ethics issues determined to be public information by the Director or by law shall be made available to the public— (i) (I) by a link to such information if publicly available on a website other than the website of the Office of Government Ethics; or (II) at no charge on the website of the Office of Government Ethics in a searchable, sortable, and downloadable format; and (ii) subject to a reasonable fee, for reproduction of paper documents at the Office of Government Ethics. . (d) Definitions Title IV of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: 409. Definitions For purposes of this title— (1) the term agency includes the Executive Office of the President; (2) the term officer or employee includes any individual occupying a position, providing any official services, or acting in an advisory capacity in the White House or the Executive Office of the President, regardless of whether the individual receives pay; and (3) the term head of an agency includes the President or a designee of the President, for purposes of applying this title to the White House and the Executive Office of the President. . (e) Submission of information and views Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (g) (1) Upon request by any committee or subcommittee of Congress, the Director shall provide to Congress, by report, testimony, or otherwise, information and the views of the Director on functions, responsibilities, or other matters relating to the Office of Government Ethics. (2) The Director shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States, including the Office of Management and Budget, before submitting to Congress, or any committee or subcommittee thereof, any information, reports, recommendations, testimony, or comments, if such submissions include a statement indicating that the views expressed therein are those of the Director and do not necessarily represent the views of the President. (3) Information and views provided to Congress under paragraph (1) shall be transmitted concurrently to the President and any other appropriate executive agency. . 4. Agency Ethics Officials Training and Duties Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App) is amended by adding at the end the following: (c) (1) All designated agency ethics officials and alternate designated agency ethics officials shall register with, and report to, the Director and with the appointing authority of the official. (2) The Director shall provide ethics education and training to all designated and alternate designated agency ethics officials in a time and manner deemed appropriate by the Director. (3) The Director shall have final authority over the designee of the President for purposes of this title and all designated and alternate designated agency ethics officials and other ethics counselors in the executive branch in the interpretation and implementation of all rules and regulations relating to conflict of interest and other ethics issues promulgated by the President or the Director. . | https://www.govinfo.gov/content/pkg/BILLS-117s1546is/xml/BILLS-117s1546is.xml |
117-s-1547 | II 117th CONGRESS 1st Session S. 1547 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Cotton 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 apply a 1 percent excise tax on large endowments of certain private colleges and universities, to require that such institutions distribute at least 5 percent of large endowments in each taxable year, and for other purposes.
1. Short title This Act may be cited as the Ivory Tower Tax Act of 2021 . 2. Excise tax on certain large private college and university endowments (a) In general Subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 4969. Excise tax on certain large private college and university endowments (a) Tax imposed There is hereby imposed on each specified applicable educational institution for the taxable year a tax equal to 1 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. (b) Specified applicable educational institution For purposes of this subchapter, the term specified applicable educational institution means any applicable educational institution, other than an institution which is religious in nature, the aggregate fair market value of the assets of which at the end of the preceding taxable year (other than those assets which are used directly in carrying out the institution's exempt purpose) is at least $2,500,000,000. (c) Other terms For purposes of this section— (1) Assets The rules of section 4968(d) shall apply. (2) Student The rules of section 4968(b)(2) shall apply. . (b) Clerical amendment The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 4969. Excise tax on certain large private college and university endowments. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 3. Failure to distribute endowment assets (a) In general Subchapter H of chapter 42 of the Internal Revenue Code of 1986, as amended by section 2, is further amended by adding at the end the following new section: 4970. Failure to distribute endowment assets (a) Tax imposed There is hereby imposed on the undistributed excess endowment amount of each specified applicable educational institution for the taxable year, which has not been distributed before the first day of the second (or any succeeding) taxable year following such taxable year (if such first day falls within the taxable period), a tax equal to 30 percent of such undistributed excess endowment amount remaining undistributed at the beginning of such second (or succeeding) taxable year. The tax imposed by this section shall not apply to the undistributed excess endowment amount of a specified applicable educational institution to the extent that the foundation failed to distribute any amount solely because of an incorrect valuation of assets, if— (1) the failure to value the assets properly was not willful and was due to reasonable cause, (2) such amount is distributed as qualifying distributions by the institution during the allowable distribution period, (3) the institution notifies the Secretary that such amount has been distributed as qualifying distributions to correct such failure, and (4) such distribution is treated, by reason of subsection (e)(2), as made out of the undistributed income for the taxable year for which a tax would (except for this paragraph) have been imposed under this subsection. (b) Additional tax In any case in which an initial tax is imposed under subsection (a) on the undistributed excess endowment amount of any specified applicable educational institution for any taxable year, if any portion of such amount remains undistributed at the close of the taxable period, there is hereby imposed a tax equal to 100 percent of the amount remaining undistributed at such time. (c) Undistributed excess endowment amount For purposes of this section, the term undistributed excess endowment amount means, with respect to any specified applicable educational institution for any taxable year as of any time, the amount by which— (1) the distributable amount for such taxable year, exceeds (2) the qualifying distributions made before such time out of such distributable amount. (d) Distributable amount For purposes of this section, the term distributable amount means, with respect to any specified applicable educational institution for any taxable year, an amount equal to 5 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. The rules of section 4968(d) shall apply for purposes of this section. (e) Qualifying distributions For purposes of this section— (1) In general The term qualifying distribution has the meaning given such term in section 4942(g). (2) Other rules The rules of subsections (h) and (i) of section 4942 shall apply. (f) Taxable period; allowable distribution period The rules of paragraphs (1) and (2) of section 4942(j) shall apply for purposes of this section. . (b) Clerical amendment The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986, as amended by section 2, is further amended by adding at the end the following new item: Sec. 4970. Failure to distribute endowment assets. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 4. Transfer of funds The Secretary of the Treasury (or such Secretary's delegate) shall from time to time transfer from the general fund of the Treasury to the Secretary of Labor amounts equal to the increase in revenues by reason of the enactment of sections 2 and 3, for the purpose of expanding opportunities relating to apprenticeship programs registered under the National Apprenticeship Act. Such funds shall be available until expended to carry out activities under such Act through grants, cooperative agreements, contracts and other arrangements, with States and other appropriate entities. | https://www.govinfo.gov/content/pkg/BILLS-117s1547is/xml/BILLS-117s1547is.xml |
117-s-1548 | II 117th CONGRESS 1st Session S. 1548 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Luján (for himself 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 amend the Public Health Service Act to improve the diversity of participants in research on Alzheimer’s disease, and for other purposes.
1. Short title This Act may be cited as the Equity in Neuroscience and Alzheimer’s Clinical Trials Act of 2021 or the ENACT Act of 2021 . 2. Incentives, improvements, and outreach to increase diversity in Alzheimer’s disease research (a) Improving access for and outreach to underrepresented populations (1) Expanding access to Alzheimer’s research centers (A) In general Section 445(a)(1) of the Public Health Service Act ( 42 U.S.C. 285e–2(a)(1) ) is amended— (i) by striking (a)(1) The Director of the Institute may and inserting the following: (a) (1) The Director of the Institute— (A) may ; (ii) by striking disease. and inserting disease; and ; and (iii) by adding at the end the following: (B) beginning January 1, 2022, shall enter into cooperative agreements and make grants to public or private nonprofit entities under this subsection for the planning, establishment, and operation of new such centers that are located in areas with a higher concentration of minority groups (as determined under section 444(d)(3)(D)), such as entities that are historically Black colleges and universities, Hispanic-serving institutions, Tribal colleges and universities, or centers of excellence for other minority populations. . (B) Use of funding for clinics to operate clinical trials Section 445(b) of the Public Health Service Act ( 42 U.S.C. 285e–2(b) ) is amended by adding at the end the following: (3) Federal payments made under a cooperative agreement or grant under subsection (a) from funds made available under section 2(g) of the ENACT Act of 2021 shall, with respect to Alzheimer’s disease, be used in part to establish and operate diagnostic and treatment clinics designed— (A) to meet the special needs of minority and rural populations and other underserved populations; and (B) to operate clinical trials . (2) Outreach (A) Alzheimer’s disease centers Section 445(b) of the Public Health Service Act ( 42 U.S.C. 285e–2(b) ), as amended by paragraph (1)(B), is further amended by adding at the end the following new paragraph: (4) Federal payments made under a cooperative agreement or grant under subsection (a) shall be used to establish engagement centers to carry out public outreach, education efforts, and dissemination of information for members of minority groups about clinical trial participation. Activities funded pursuant to the preceding sentence shall include— (A) using established mechanisms to encourage members of minority groups to participate in clinical trials on Alzheimer’s disease; (B) expanding education efforts to make members of minority groups aware of ongoing clinical trials; (C) working with trial sponsors to increase the number of recruitment events for members of minority groups; (D) conducting outreach to national, State, and local physician professional organizations, especially for members of such organizations who are primary care physicians or physicians who specialize in dementia, to increase awareness of clinical research opportunities for members of minority groups; and (E) using community-based participatory research methodologies to engage with minority populations. . (B) Resource centers for minority aging research Section 444(c) of the Public Health Service Act ( 42 U.S.C. 285e–1(c) ) is amended— (i) by striking (c) and inserting (c)(1) ; and (ii) by adding at the end the following new paragraph: (2) The Director, acting through the Resource Centers for Minority Aging Research of the Institute, shall carry out public outreach, education efforts, and dissemination of information for members of minority groups about participation in clinical research on Alzheimer’s disease carried out or supported under this subpart. . (b) Incentives To increase diversity in Alzheimer’s disease research through principal investigators and researchers from underrepresented populations (1) Alzheimer’s clinical research and training awards Section 445I of the Public Health Service Act ( 42 U.S.C. 285e–10a ) is amended by adding at the end the following new subsection: (d) Enhancing the participation of principal investigators and researchers who are members of underrepresented populations (1) In general The Director shall enhance diversity in the conduct or support of clinical research on Alzheimer’s disease under this subpart by encouraging the participation of individuals from groups that are underrepresented in the biomedical, clinical, behavioral, and social sciences as principal investigators of such clinical research, as researchers for such clinical research, or both. (2) Training for principal investigators The Director of the Institute shall provide training for principal investigators who are members of a minority group with respect to skills for— (A) the design and conduct of clinical research and clinical protocols; (B) applying for grants for clinical research; and (C) such other areas as the Director determines to be appropriate. . (2) Senior researcher awards Section 445B(a) of the Public Health Service Act ( 42 U.S.C. 285e–4(a) ) is amended by inserting , including senior researchers who are members of a minority group before the period at the end of the first sentence. (c) Incentives To increase diversity in Alzheimer’s disease research through trial sites Section 444(d) of the Public Health Service Act ( 42 U.S.C. 285e–1(d) ) is amended— (1) by striking (d) and inserting (d)(1) ; and (2) by adding at the end the following new paragraphs: (2) In conducting or supporting clinical research on Alzheimer’s disease for purposes of this subpart, in addition to requirements otherwise imposed under this title, including under section 492B, the Director of the Institute shall increase the participation of members of minority groups in such clinical research through one or more of the activities described in paragraph (3). (3) (A) The Director of the Institute shall provide incentives for the support of clinical research on Alzheimer’s disease with clinical trial sites established in areas with a higher concentration of minority groups, including rural areas if practicable. (B) In determining whether to conduct or support clinical research on Alzheimer’s disease, the Director of the Institute shall encourage the conduct of clinical research with clinical trial sites in areas described in subparagraph (A) as a higher-level priority criterion among the criteria established to evaluate whether to conduct or support clinical research. (C) In determining the amount of funding to be provided for the conduct or support of such clinical research, the Director of the Institute shall provide additional funding for the conduct of such clinical research with clinical trial sites in areas described in subparagraph (A). (D) In determining whether an area is an area with a higher concentration of minority groups, the Director of the Institute— (i) shall consider the most recent data collected by the Bureau of the Census; and (ii) may also consider— (I) data from the Centers for Medicare & Medicaid Services on the incidence of Alzheimer’s disease in the United States by region; and (II) such other data as the Director determines appropriate. (4) In order to facilitate the participation of members of minority groups in clinical research supported under this subpart, in addition to activities described in paragraph (3), the Director of the Institute shall— (A) ensure that such clinical research uses community-based participatory research methodologies; and (B) encourage the use of remote health technologies, including telehealth, remote patient monitoring, and mobile technologies, that reduce or eliminate barriers to participation of members of minority groups in such clinical research. (5) (A) Clinical research on Alzheimer’s disease conducted or supported under this subpart shall ensure that such research includes outreach activities designed to increase the participation of members of minority groups in such research. (B) (i) Each applicant for a grant under this subpart for clinical research on Alzheimer’s disease shall submit to the Director of the Institute in the application for such grant— (I) a budget for outreach activities to members of minority populations with respect to participation in such clinical research; and (II) a description of the plan to conduct such outreach. (ii) The Director of the Institute shall encourage applicants for, and recipients of, grants under this subpart to conduct clinical research on Alzheimer’s disease to engage with community-based organizations to increase participation of minority populations in such research. (6) For purposes of this subpart: (A) The term clinical research includes a clinical trial. (B) The term minority group has the meaning given such term by reason of section 492B(g). . (d) Participant eligibility criteria Section 445I of the Public Health Service Act ( 42 U.S.C. 285e–10a ), as amended by subsection (b)(1), is further amended by adding at the end the following new subsection: (e) Participant eligibility criteria The Director of the Institute shall take such actions as are necessary to ensure that clinical research on Alzheimer’s disease conducted or supported under this subpart is designed with eligibility criteria that ensure the clinical trial population reflects the diversity of the prospective patient population. Such actions may include the following: (1) Examination of criteria (A) In general An examination of each exclusion criterion to determine if the criterion is necessary to ensure the safety of trial participants or to achieve the study objectives. (B) Modification of criteria In the case of an exclusion criterion that is not necessary to ensure the safety of trial participants or to achieve the study objectives— (i) encouraging the modification or elimination of the criterion; or (ii) encouraging tailoring the criterion as narrowly as possible to avoid unnecessary limits to the population of the clinical study. (2) Requirement for strong justification for exclusion A review of each exclusion criterion to ensure that populations are included in clinical trials, such as older adults, individuals with a mild form of disease, individuals at the extremes of the weight range, or children, unless there is a strong clinical or scientific justification to exclude them. (3) Use of adaptive design Encouraging the use of an adaptive clinical trial design that— (A) starts with a defined population where there are concerns about safety; and (B) may expand to a broader population based on initial data from the trial and external data. . (e) Resource center for successful strategies To increase participation of underrepresented populations in Alzheimer’s disease clinical research Section 444 of the Public Health Service Act ( 42 U.S.C. 285e–1 ) is amended by adding at the end the following new subsection: (e) (1) Acting through the Office of Special Populations of the Institute and in consultation with the Division of Extramural Activities, the Director of the Institute shall support resource information and technical assistance to grantees under section 445 (relating to Alzheimer’s disease centers), other grantees, and prospective grantees, designed to increase the participation of minority populations in clinical research on Alzheimer’s disease conducted or supported under this subpart. (2) The resource information and technical assistance provided under paragraph (1) shall include the maintenance of a central resource library in order to collect, prepare, analyze, and disseminate information relating to strategies and best practices used by recipients of grants under this subpart and other researchers in the development of the clinical research designed to increase the participation of minority populations in such clinical research. . (f) Annual reports Section 444 of the Public Health Service Act ( 42 U.S.C. 285e–1 ), as amended by subsection (e), is further amended by adding at the end the following new subsection: (f) (1) (A) The Director of the Institute shall submit annual reports to Congress on the impact of the amendments made to this subpart by the ENACT Act of 2021 . (B) The Secretary shall transmit a copy of each such report to the Advisory Council on Alzheimer’s Research, Care, and Services established under section 2(e) of the National Alzheimer’s Project Act ( Public Law 111–375 ). (2) In each report under paragraph (1), the Director of the Institute shall include information and data on the following matters with respect to clinical trials on Alzheimer’s disease conducted during the preceding year: (A) The number of participants who are members of a minority group in such clinical trials. (B) The number of such clinical trials for which incentives under subsection (d)(3) were made available, the nature of such incentives, the amount of increased funding (if any) made available for research on Alzheimer’s disease, and the training provided to principal investigators who are members of a minority group and the amount of funding (if any) for such training. (C) The number of such clinical trials for which the principal investigator is a member of a minority group. (D) The number of such clinical trials for which a significant percentage of researchers are members of a minority group. (E) Modifications to patient eligibility criteria in clinical trial designs under section 445I(e). (F) Outreach and education efforts conducted under section 445(b)(3). (3) The Director of the Institute shall make each report under paragraph (1) available to the public, including through posting on the appropriate website of the Department of Health and Human Services. . (g) Authorization of appropriations For each of fiscal years 2022 through 2026, there is authorized to be appropriated to the Secretary of Health and Human Services $60,000,000 to carry out the amendments made by this section, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s1548is/xml/BILLS-117s1548is.xml |
117-s-1549 | II 117th CONGRESS 1st Session S. 1549 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require a review of the National Aeronautics and Space Administration preference for domestic suppliers.
1. Review of preference for domestic suppliers (a) Sense of Congress It is the Sense of Congress that the National Aeronautics and Space Administration (referred to in this section as NASA ) should, to the maximum extent practicable and with due consideration of foreign policy goals and obligations under Federal law— (1) use domestic suppliers of goods and services; and (2) ensure compliance with the Federal acquisition regulations, including subcontract flow-down provisions. (b) Review (1) In general Not later than 180 days after the date of the enactment of this Act, the Administrator of NASA shall undertake a comprehensive review of the domestic supplier preferences of NASA and the obligations of NASA under the Federal acquisition regulations to ensure compliance, particularly with respect to Federal acquisition regulations provisions that apply to foreign-based subcontractors. (2) Elements The review under paragraph (1) shall include— (A) an assessment as to whether NASA has provided funding for infrastructure of a foreign-owned company or State-sponsored entity in recent years; and (B) a review of any impact such funding has had on domestic service providers. (c) Report The Administrator of NASA shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the results of the review. | https://www.govinfo.gov/content/pkg/BILLS-117s1549is/xml/BILLS-117s1549is.xml |
117-s-1550 | II 117th CONGRESS 1st Session S. 1550 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Van Hollen (for himself, Mr. Sullivan , Mr. Coons , and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To support Foreign Service families, and for other purposes.
1. Short title This Act may be cited as the Foreign Service Families Act of 2021 . 2. Definitions In this Act: (1) Department The term Department means the Department of State. (2) Secretary The term Secretary means the Secretary of State. 3. Telecommuting opportunities (a) DETO policy (1) In general Each Federal department and agency shall establish a policy enumerating the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations pursuant to an approved Domestically Employed Teleworking Overseas (DETO) agreement. (2) Participation The policy described under paragraph (1) shall— (A) ensure that telework does not diminish employee performance or agency operations; (B) require a written agreement that— (i) is entered into between an agency manager and an employee authorized to telework, that outlines the specific work arrangement that is agreed to; and (ii) is mandatory in order for any employee to participate in telework; (C) provide that an employee may not be authorized to telework if the performance of that employee does not comply with the terms of the written agreement between the agency manager and that employee; (D) except in emergency situations as determined by the head of an agency, not apply to any employee of the agency whose official duties require on a daily basis (every work day)— (i) direct handling of secure materials determined to be inappropriate for telework by the agency head; or (ii) on-site activity that cannot be handled remotely or at an alternate worksite; (E) be incorporated as part of the continuity of operations plans of the agency in the event of an emergency; and (F) enumerate the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations. (b) Access to ICASS system Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall revise chapter 900 of volume 6 of the Foreign Affairs Manual, the International Cooperative Administrative Support Services Handbook, the Personnel Operations Handbook, and any other relevant regulations to allow each Federal agency that has enacted a policy under subsection (a) to have access to the International Cooperative Administrative Support Services (ICASS) system. 4. Employment and education programs for eligible family members of members of the Foreign Service Section 706(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4026(b) ) is amended— (1) in paragraph (1)— (A) by striking The Secretary may and inserting The Secretary shall ; and (B) by amending subparagraph (C) to read as follows: (C) establishing a program for assisting eligible family members in accessing employment and education opportunities, which shall be modeled after the programs authorized under sections 1784 and 1784a of title 10, United States Code, and based on regulations modeled after those prescribed pursuant to subsection (b) of such section 1784. ; (2) by redesignating paragraph (2) as paragraph (9); (3) by inserting after paragraph (1) the following new paragraphs: (2) The Secretary shall prescribe regulations— (A) to implement such measures as the President orders pursuant to paragraph (1)(C); (B) to provide preference to eligible family members in hiring for any civilian position in the Department of State if— (i) the eligible family member is among persons determined to be best qualified for the position; and (ii) the position is located in the country of assignment of their sponsoring employee; (C) to ensure that notice of any vacant position in the Department is provided in a manner reasonably designed to reach eligible family members of sponsoring employees whose permanent duty stations are in the same country as that in which the position is located; and (D) to ensure that an eligible family member who applies for a vacant position in the Department shall, to the extent practicable, be considered for any such position located in the same country as the permanent duty station of their sponsoring employee. (3) Nothing in this section may be construed to provide an eligible family member with preference in hiring over an individual who is preference eligible. (4) Under regulations prescribed by the Secretary, a chief of mission may, consistent with all applicable laws and regulations pertaining to the ICASS system, make available to a non-Department entity space in an embassy or consulate for the purpose of the non-Department entity providing employment-related training for eligible family members. (5) The Secretary may work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of eligible family member employment. (6) The Secretary may— (A) develop partnerships with firms in the private sector to enhance employment opportunities for eligible family members and to provide for improved job portability for such spouses, especially in the case of an eligible family member accompanying a sponsoring employee to a new geographical area because of a change of permanent duty station of the sponsoring employee; and (B) work with the United States Chamber of Commerce and other appropriate private-sector entities to facilitate the formation of such partnerships. (7) The Secretary may prescribe regulations to incorporate hiring preferences for eligible family members of sponsoring employees into contracts between the Department and private sector entities. (8) (A) The Secretary of State shall seek to enter into a cooperative agreement with the Council of State Governments to assist with funding of the development of interstate compacts on licensed occupations in order to alleviate the burden associated with relicensing in such an occupation by an eligible family member in connection with a permanent change of duty station of their sponsoring employee. (B) The total amount of assistance provided under subparagraph (A) for all interstate compacts in any fiscal year may not exceed $4,000,000. (C) The amount provided under subparagraph (A) as assistance for the development of any particular interstate compact may not exceed $1,000,000. (D) Not later than February 28 each year, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on interstate compacts described in subparagraph (A) developed through assistance provided under that subparagraph. Each report shall set forth the following: (i) Any interstate compact developed during the preceding calendar year, including the occupational licenses covered by such compact and the States agreeing to enter into such compact. (ii) Any interstate compact developed during a prior calendar year into which one or more additional States agreed to enter during the preceding calendar year. (E) The authority to enter into a cooperative agreement under subparagraph (A), and to provide assistance described in that subparagraph pursuant to such cooperative agreement, expire on September 30, 2024. ; and (4) by adding after paragraph (9), as redesignated by paragraph (2) of this subsection, the following new paragraph: (10) In this subsection, the term eligible family member has the meaning given the term in section 7121 of volume 3 of the Foreign Affairs Manual (3 FAM 7121). . 5. Reporting on Foreign Service family reserve corps (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary shall brief the appropriate congressional committees on the status of implementation of the Foreign Service Family Reserve Corps. (b) Elements The briefing required under subsection (a) shall include the following elements: (1) A description of the status of implementation of the Foreign Service Family Reserve Corps (FSFRC). (2) An assessment of the extent to which implementation was impacted by the Department’s hiring freeze and a detailed explanation of the effect of any such impacts. (3) A description of the status of implementation of a hiring preference for the FSFRC. (4) A detailed accounting of any individuals eligible for membership in the FSFRC who were unable to begin working at a new location as a result of being unable to transfer their security clearance, including an assessment of whether they would have been able to port their clearance as a member of the FSFRC if the program had been fully implemented. (5) An estimate of the number of individuals who are eligible to join the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals would enroll. (6) An estimate of the number of individuals who are enrolled in the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals enrolled. (7) An estimate of the number of individuals who were enrolled in each phase of the implementation of the FSFRC as detailed in guidance issued by the Under Secretary for Management. (8) An estimate of the number of individuals enrolled in the FSFRC who have successfully transferred a security clearance to a new post since implementation of the program began. (9) An estimate of the number of individuals enrolled in the FSFRC who have been unable to successfully transfer a security clearance to a new post since implementation of the program began. (10) An estimate of the number of individuals who have declined in writing to apply to the FSFRC. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. 6. Treatment of family members of Foreign Service officers seeking positions customarily filled by Foreign Service officers or foreign national employees Section 311 of the Foreign Service Act of 1980 ( 22 U.S.C. 3951 ) is amended by adding at the end the following: (e) The Secretary shall hold a family member of a government employee described in subsection (a) seeking employment in a position described in that subsection to the same employment standards as those applicable to Foreign Service officers, Foreign Service personnel, or foreign national employees seeking the same or a substantially similar position. . 7. In-State tuition rates for members of qualifying Federal service (a) In general Section 135 of the Higher Education Act of 1965 ( 20 U.S.C. 1015d ) is amended— (1) in the section heading, by striking the armed forces on active duty, spouses, and dependent children and inserting qualifying Federal service ; (2) in subsection (a), by striking member of the armed forces who is on active duty for a period of more than 30 days and and inserting member of a qualifying Federal service ; (3) in subsection (b), by striking member of the armed forces and inserting member of a qualifying Federal service ; and (4) by striking subsection (d) and inserting the following: (d) Definitions In this section, the term member of a qualifying Federal service means— (1) a member of the armed forces (as defined in section 101 of title 10, United States Code) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10, United States Code); or (2) a member of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3903 )) who is on active duty for a period of more than 30 days. . (b) Effective date The amendments made under subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.) for the first period of enrollment at such institution that begins after July 1, 2021. 8. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service (a) In general Chapter 9 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4081 et seq.) is amended by adding at the end the following new section: 907. Termination of residential or motor vehicle leases and telephone service contracts The terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively of the Servicemembers Civil Relief Act ( 50 U.S.C. 3955 and 3956) with respect to servicemembers who receive military orders described in such Act shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this Act. . (b) Clerical amendment The table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 906 the following new item: Sec. 907. Termination of residential or motor vehicle leases and telephone service contracts. . | https://www.govinfo.gov/content/pkg/BILLS-117s1550is/xml/BILLS-117s1550is.xml |
117-s-1551 | II 117th CONGRESS 1st Session S. 1551 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Blumenthal (for himself, Mrs. Fischer , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to finalize a rule to protect consumers from the risks of carbon monoxide poisoning from keyless ignition motor vehicles, and for other purposes.
1. Short title This Act may be cited as the Stop CO Poisoning Exposures Act or the SCOPE Act . 2. Rulemaking to install automatic shutoff systems in motor vehicles (a) Definitions In this section: (1) Key The term key has the meaning given the term in section 571.114 of title 49, Code of Federal Regulations (or successor regulations). (2) Manufacturer The term manufacturer has the meaning given the term in section 30102(a) of title 49, United States Code. (3) Motor vehicle (A) In general The term motor vehicle has the meaning given the term in section 30102(a) of title 49, United States Code. (B) Exclusions The term motor vehicle does not include— (i) a motorcycle or trailer (as those terms are defined in section 571.3 of title 49, Code of Federal Regulations) (or successor regulations); (ii) any motor vehicle that is rated at more than 10,000 pounds gross vehicular weight; or (iii) a battery electric vehicle. (4) Secretary The term Secretary means the Secretary of Transportation. (b) Automatic shutoff systems for motor vehicles (1) Final rule (A) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule amending section 571.114 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 114), to require manufacturers to install in each motor vehicle equipped with a keyless ignition device and an internal combustion engine technology to automatically shut off the motor vehicle after the motor vehicle has idled for the period designated under subparagraph (B). (B) Period described (i) In general The period referred to in subparagraph (A) is the period designated by the Secretary as necessary to prevent carbon monoxide poisoning. (ii) Different periods The Secretary may designate different periods under clause (i) for different types of motor vehicles, depending on the rate at which the motor vehicle emits carbon monoxide, if— (I) the Secretary determines a different period is necessary for a type of motor vehicle for purposes of section 30111 of title 49, United States Code; and (II) requiring a different period for a type of motor vehicle is consistent with the prevention of carbon monoxide poisoning. (2) Deadline The rule under paragraph (1) shall become effective on the date that is 1 year after the date on which the Secretary issues that rule. | https://www.govinfo.gov/content/pkg/BILLS-117s1551is/xml/BILLS-117s1551is.xml |
117-s-1552 | II 117th CONGRESS 1st Session S. 1552 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require a report on defense and aerospace manufacturing supply chains.
1. Report on defense and aerospace manufacturing supply chains (a) In general Not later than 1 year after the date of the enactment of this Act, and from time to time thereafter, the Administrator of the National Aeronautics and Space Administration (referred to in this section as NASA ) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on domestic defense and aerospace manufacturing supply chains for NASA civil space missions and operations. (b) Elements The report required by subsection (a) shall include an assessment of— (1) the defense and aerospace manufacturing supply chains relevant to NASA in each region of the United States; and (2) a comprehensive list of the collaborative efforts, including future and proposed collaborative efforts, between NASA and the Manufacturing USA institutes of the Department of Commerce. | https://www.govinfo.gov/content/pkg/BILLS-117s1552is/xml/BILLS-117s1552is.xml |
117-s-1553 | II 117th CONGRESS 1st Session S. 1553 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mrs. Gillibrand (for herself and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the Secretary of Energy to submit to Congress an annual report on peaker plants in the United States and to provide financial incentives for replacing peaker plants with technology that receives, stores, and delivers energy generated by renewable energy resources, and for other purposes.
1. Short title This Act may be cited as the Promoting Energy Alternatives is Key to Emission Reductions Act of 2021 or the PEAKER Act of 2021 . 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Finance of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Environment and Public Works of the Senate; (D) the Committee on Ways and Means of the House of Representatives; and (E) the Committee on Energy and Commerce of the House of Representatives. (2) Disadvantaged community The term disadvantaged community means a community that— (A) is located in an area with a high concentration of individuals who— (i) are members of low- and moderate-income households (as defined in section 570.3 of title 24, Code of Federal Regulations (or a successor regulation)); (ii) experience high levels of unemployment; (iii) face a high rent burden; (iv) face a high energy burden; (v) have low levels of home ownership; (vi) have low levels of educational attainment; or (vii) are members of groups that have historically experienced discrimination on the basis of race or ethnicity; (B) is burdened by high cumulative environmental pollution or other hazards that can lead to negative public health effects; or (C) is determined to be a disadvantaged community, an environmental justice community, a climate-burdened community, or an otherwise similarly vulnerable community pursuant to any Federal or State-level initiative, including any relevant mapping initiative. (3) High energy burden The term high energy burden means, with respect to a household, expenditure of the household on residential energy costs that equals 6 percent or more of the household income. (4) Peaker plant The term peaker plant means a fossil fuel-fired power plant or unit of a power plant that is run primarily to meet peak electricity demand, as determined by the Secretary, in coordination with the Administrator of the Environmental Protection Agency and the applicable local electrical grid operator. (5) Secretary The term Secretary means the Secretary of Energy. 3. Annual report on peaker plants in the United States (a) In general Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary, in coordination with the Administrator of the Environmental Protection Agency, the White House Environmental Justice Advisory Council, the White House Environmental Justice Interagency Council, the Council on Environmental Quality, and any other relevant Federal entity that the Secretary determines to be appropriate, shall submit to the appropriate committees of Congress a report that— (1) identifies each peaker plant in the United States; and (2) for each peaker plant identified under paragraph (1)— (A) describes the location of the peaker plant and related socioeconomic and demographic data for that location, including whether the peaker plant is located in or adjacent to a disadvantaged community; (B) evaluates the quantity of carbon dioxide, nitric oxides, sulfur oxides, fine particulate matter (PM 2.5 ), and methane emitted per unit of electricity generated by the peaker plant; (C) identifies— (i) the total number of hours that the peaker plant generates electricity during the year covered by the report; (ii) the capacity factor of the plant; (iii) the average number of hours that the peaker plant generates electricity each time that the peaker plant generates electricity; and (iv) the percentage of the total number of instances in which the peaker plant is started that result in the peaker plant generating electricity for— (I) not less than 4 hours; (II) not less than 8 hours; and (III) not less than 12 hours; and (D) identifies, for each day on which the 3 air monitors closest to the peaker plant indicate that Federal ozone or particulate matter standards have been exceeded, the percentage of peak demand met by the peaker plant for the electrical grid load zone served by the peaker plant. (b) Community engagement In preparing a report under subsection (a), the Secretary shall initiate and carry out public engagement with residents and stakeholders from disadvantaged communities containing a peaker plant. 4. Credit for generation and storage of energy from renewable sources (a) In general Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: 48D. Renewable energy generation and storage credit (a) In general For purposes of section 46, the renewable energy generation and storage credit for any taxable year is an amount equal to 10 percent of the qualified investment for such taxable year with respect to any qualified renewable energy facility. (b) Qualified investment with respect to qualified renewable energy facilities (1) In general For purposes of subsection (a), the qualified investment with respect to a qualified renewable energy facility for any taxable year is the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified renewable energy facility. (2) Qualified property For purposes of this subsection, the term qualified property means property— (A) which is— (i) tangible personal property, or (ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified renewable energy facility, (B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, (C) which is constructed, reconstructed, erected, installed, or acquired by the taxpayer, and (D) the original use of which commences with the taxpayer. (3) Qualified renewable energy facility (A) In general Subject to subparagraph (B), the term qualified renewable energy facility means a facility which— (i) uses solar, wind, low-impact hydroelectric (as certified by the Low Impact Hydropower Institute), geothermal, tidal, or wave energy to generate electricity which will be received and stored by property described in clause (ii), (ii) contains property which receives, stores, and delivers electricity described in clause (i), provided that such electricity is— (I) (aa) sold by the taxpayer to an unrelated person, or (bb) in the case of a facility which is equipped with a metering device which is owned and operated by an unrelated person, sold or consumed by the taxpayer, and (II) at a minimum, discharged at such times as a peaker plant within the same electrical grid load zone would operate to meet peak electricity demand (as determined by the grid operator for such electrical grid), and (iii) which is placed in service— (I) in a disadvantaged community which is located within— (aa) the same census tract as a peaker plant, or (bb) a census tract that is adjacent to a census tract in which a peaker plant is located, and (II) after December 31, 2021. (B) Special rule For purposes of this paragraph, a facility shall not be deemed to be a qualified renewable energy facility unless the taxpayer demonstrates, to the satisfaction of the Secretary, that— (i) the property described in clause (i) of subparagraph (A) is co-located with property described in clause (ii) of such subparagraph, (ii) such taxpayer has, with respect to the property described in clause (ii) of such subparagraph, entered into a contract which ensures that such property operates primarily to receive, store, and deliver electricity from any property described in clause (i) of such subparagraph, or (iii) the property described in clause (ii) of such subparagraph receives electricity during periods of typically high production of electricity, as a percentage of the grid generation mix, from sources described in clause (i) of such subparagraph, as determined by the grid operator for the electrical grid. (c) Certain progress expenditure rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). (d) Definitions The terms disadvantaged community and peaker plant have the same meanings given such term under section 2 of the PEAKER Act of 2021 . . (b) Conforming amendments (1) Section 46 of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting , and ; and (C) by adding at the end the following new paragraph: (7) the renewable energy generation and storage credit. . (2) Section 49(a)(1)(C) of such Code is amended— (A) by striking and at the end of clause (iv); (B) by striking the period at the end of clause (v) and inserting , and ; and (C) by adding at the end the following new clause: (vi) the basis of any qualified property which is part of a qualified renewable energy facility under section 48D. . (3) Section 50(a)(2)(E) of such Code is amended by striking or 48C(b)(2) and inserting 48C(b)(2), or 48D(c) . (4) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: 48D. Renewable energy generation and storage credit. . (c) Effective date The amendments made by this subsection shall apply to property placed in service after December 31, 2020, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). 5. Renewable energy grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity means each of the following: (A) A unit of State or local government. (B) A tax-exempt nonprofit organization. (C) A community-owned energy generation facility or energy storage facility located in a disadvantaged community. (D) A community-based energy cooperative or a similar group of individuals within a community who are pursuing an eligible project described in subsection (d). (E) A partnership between— (i) 1 or more of the entities described in subparagraphs (A) through (D); and (ii) (I) an electric utility; or (II) a private entity. (2) Energy storage facility The term energy storage facility means a facility that receives, stores, and delivers electricity. (3) Program The term program means the grant program established under subsection (b). (4) Qualifying community energy proposal The term qualifying community energy proposal means a proposal to deploy and implement renewable energy generation, energy storage technology, energy efficiency upgrades, energy demand management strategies, or distributed renewable energy resources that a qualifying community energy study determines can reduce the runtime of an existing or planned peaker plant or otherwise reduce or replace the need for an existing or planned peaker plant. (5) Qualifying community energy study The term qualifying community energy study means a study or assessment that— (A) seeks to identify clean energy strategies to reduce the runtime of an existing or planned peaker plant or otherwise reduce or replace the need for an existing or planned peaker plant, including strategies that involve— (i) renewable energy generation; (ii) energy storage technology; (iii) energy efficiency upgrades; (iv) energy demand management strategies; or (v) distributed renewable energy deployment; and (B) is led by or performed in partnership with the communities directly impacted by pollution from a peaker plant that is located within the same or an adjacent census tract. (6) Qualifying energy storage facility The term qualifying energy storage facility means an energy storage facility that— (A) is colocated with a qualifying renewable energy facility and operates primarily to receive, store, and deliver renewable energy generated by that qualifying renewable energy facility; (B) has entered into a contract with 1 or more qualifying renewable energy facilities such that the energy storage system operates primarily to receive, store, and deliver renewable energy generated by those qualifying renewable energy facilities; or (C) receives electricity during periods of typically high production of renewable energy (as a percentage of the grid generation mix), as determined by the operator of the applicable electrical grid. (7) Qualifying renewable energy facility The term qualifying renewable energy facility means a facility that— (A) generates renewable energy; and (B) (i) is colocated with a qualifying energy storage facility; or (ii) has entered into a contract described in paragraph (6)(B) with 1 or more qualifying energy storage facilities. (8) Renewable energy The term renewable energy means electricity that is generated by or derived from, as applicable— (A) a low-impact hydroelectric facility certified by the Low Impact Hydropower Institute; (B) solar energy; (C) wind energy; (D) geothermal energy; (E) tidal energy; or (F) wave energy. (b) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to assist eligible entities in— (1) carrying out projects for the construction, reconstruction, erection, installation, or acquisition of qualifying renewable energy facilities and qualifying energy storage facilities; (2) carrying out projects for the implementation of qualifying community energy proposals; and (3) developing and carrying out qualifying community energy studies. (c) Applications To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Eligible projects and qualifying community energy studies The Secretary may provide a grant under the program for— (1) a project described in subsection (b)(1) only if each qualifying renewable energy facility and qualifying energy storage facility to be constructed, reconstructed, erected, installed, or acquired pursuant to the project will— (A) be located in, or provide a direct and significant benefit to, a disadvantaged community that is located within— (i) the same census tract as an existing or planned peaker plant; or (ii) a census tract that is adjacent to a census tract in which an existing or planned peaker plant is or will be located; and (B) at a minimum, discharge electricity at such times as a peaker plant within the same electrical grid load zone would operate to meet peak electricity demand, as determined by the operator of the applicable electrical grid; (2) a project described in subsection (b)(2) only if the qualifying community energy proposal to be implemented pursuant to the project will be implemented in, or provide a direct and significant benefit to, a disadvantaged community that is located within a census tract described in clause (i) or (ii) of paragraph (1)(A); and (3) the development and carrying out of a qualifying community energy study only if the qualifying community energy study will provide for engagement with, and incorporate feedback from, each disadvantaged community that is located within a census tract described in clause (i) or (ii) of paragraph (1)(A). (e) Technical assistance grants The Secretary may use amounts appropriated under subsection (i) to provide grants to eligible entities for the cost of acquiring technical assistance for the preparation and submission of an application under subsection (c). (f) Priority for certain eligible entities In evaluating applications submitted by eligible entities described in subsection (a)(1)(B), the Secretary shall give priority to applications submitted by local, community-based organizations or energy cooperatives. (g) Cost sharing (1) In general Except as provided in paragraph (2), with respect to each project described in paragraph (1) or (2) of subsection (b) for which a grant is provided under the program, the maximum amount provided for the project under the program shall not exceed 60 percent of the total cost incurred by the applicable eligible entity for, as applicable— (A) the construction, reconstruction, erection, installation, or acquisition of the applicable qualifying renewable energy facility or qualifying energy storage facility; or (B) the implementation of the applicable qualifying community energy proposal. (2) Local, community-based organizations and energy cooperatives With respect to a project described in paragraph (1) that is carried out by, or for which an application is submitted by, a local, community-based organization or an energy cooperative, the maximum amount provided for the project under the program shall not exceed 80 percent of the total cost incurred by the local, community-based organization or energy cooperative for the activities described in subparagraph (A) or (B) of that paragraph, as applicable. (h) Community engagement In carrying out this section, the Secretary shall initiate and carry out public engagement, particularly with residents and stakeholders from disadvantaged communities and communities in or adjacent to areas with existing peaker plants identified in a report under section 3(a), to ensure that— (1) (A) the public has input into the formulation of the program; and (B) based on that input, the program best addresses the needs and circumstances of disadvantaged communities; and (2) the public has information relating to the program, including— (A) the benefits of, and opportunities for, eligible projects under the program; and (B) the ways in which disadvantaged communities can best use the program to address the clean energy goals of those disadvantaged communities. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program not more than $1,000,000,000 for each of fiscal years 2022 through 2032. | https://www.govinfo.gov/content/pkg/BILLS-117s1553is/xml/BILLS-117s1553is.xml |
117-s-1554 | II 117th CONGRESS 1st Session S. 1554 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Cramer (for himself and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To make certain irrigation districts eligible for Pick-Sloan Missouri Basin Program pumping power, and for other purposes.
1. Eligibility of certain areas to receive Pick-Sloan Missouri Basin Program pumping power Section 5(a) of Public Law 89–108 (79 Stat. 435; 100 Stat. 419; 114 Stat. 2763A–284) is amended by adding at the end the following: (6) Eligibility of certain irrigation districts to receive pumping power (A) Definition of eligible irrigation district In this paragraph, the term eligible irrigation district means an irrigation district that is located in— (i) the test area referred to in paragraph (1); or (ii) an area within the 28,000-acre area described in paragraph (3) that is analyzed by the Secretary but not developed under that paragraph. (B) Eligibility An eligible irrigation district shall be eligible to receive Pick-Sloan Missouri Basin Program pumping power— (i) subject to any terms and at any rates established by the Secretary; and (ii) in accordance with a contract entered into under subparagraph (C). (C) Contract (i) In general Subject to clause (ii), the Secretary may enter into a contract with an eligible irrigation district to provide Pick-Sloan Missouri Basin Program pumping power to the eligible irrigation district. (ii) Requirement No Pick-Sloan Missouri Basin Program pumping power may be delivered to an eligible irrigation district under this paragraph until the date on which a contract authorizing the delivery to the irrigation district is executed under clause (i). . | https://www.govinfo.gov/content/pkg/BILLS-117s1554is/xml/BILLS-117s1554is.xml |
117-s-1555 | II 117th CONGRESS 1st Session S. 1555 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Marshall (for himself, Mr. Scott of South Carolina , Mr. Cramer , Mr. Tuberville , Mr. Rubio , Mr. Daines , Mrs. Blackburn , Mr. Scott of Florida , Mr. Braun , Ms. Ernst , Mr. Graham , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To shorten the extension, and the amount, of Federal Pandemic Unemployment Compensation in order to get Americans back to work.
1. Short title This Act may be cited as the Get Americans Back To Work Act . 2. Shortening of the extension, and reducing the amount, of Federal Pandemic Unemployment Compensation (a) In general Section 2104(e)(2) of the CARES Act ( 15 U.S.C. 9023(e)(2) ) is amended by striking September 6, 2021 and inserting June 30, 2021 . (b) Amount Section 2104(b)(3)(A) of such Act ( 15 U.S.C. 9023(b)(3)(A) ) is amended— (1) in clause (ii), by striking September 6, 2021 and inserting May 31, 2021 ; and (2) by adding at the end the following: (iii) For weeks of unemployment ending after May 31, 2021, and ending on or before June 30, 2021, $150. . | https://www.govinfo.gov/content/pkg/BILLS-117s1555is/xml/BILLS-117s1555is.xml |
117-s-1556 | II 117th CONGRESS 1st Session S. 1556 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require a report on the feasibility and benefits of establishing a supply chain center of excellence.
1. Supply chain center of excellence Not later than 1 year after the date of the enactment of this Act, the Administrator of the National Aeronautics and Space Administration (referred to in this section as NASA ) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the feasibility and benefits of establishing a supply chain center of excellence in a State in which NASA does not, as of the date of the enactment of this Act, have a research center or test facility. | https://www.govinfo.gov/content/pkg/BILLS-117s1556is/xml/BILLS-117s1556is.xml |
117-s-1557 | II 117th CONGRESS 1st Session S. 1557 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Sasse introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To support both workers and recovery by converting expanded Federal unemployment payments into signing bonuses.
1. Short title This Act may be cited as the National Signing Bonus Act of 2021 . 2. National signing bonuses (a) In general Section 2104(b) of the CARES Act ( 15 U.S.C. 9023(b) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Back-to-work bonuses (A) In general Any agreement under this section may also provide that the State agency of the State may make up to 2 lump-sum payments (in this paragraph referred to as the first lump-sum payment and the second lump-sum payment ) to each individual who— (i) was eligible for Federal Pandemic Unemployment Compensation under paragraph (1) for— (I) any week beginning after the date of enactment of the National Signing Bonus Act of 2021 ; and (II) at least the 8 weeks immediately preceding the week under subclause (I); (ii) is no longer eligible for Federal Pandemic Unemployment Compensation under paragraph (1) (as determined by the State), as a result of earnings due to commencing employment with an employer by whom the individual has not been employed during the preceding 6 months; and (iii) as verified by the individual’s employer pursuant to subparagraph (E)— (I) has been employed by a non-governmental employer throughout— (aa) in the case of the first lump-sum payment, the individual’s first qualifying period; and (bb) in the case of the second lump-sum payment, the individual’s second qualifying period; and (II) remains employed with an intent to continue such employment. (B) Amount (i) First lump-sum payment With respect to the first qualifying period, a payment made to an individual under this paragraph shall be paid in a lump sum amount of $1,212. (ii) Second lump-sum payment With respect to the second qualifying period, a payment made to an individual under this paragraph shall be paid in a lump sum amount of $1,212. (C) Qualifying periods (i) First qualifying period For purposes of this paragraph, the term first qualifying period means, with respect to an individual, a period— (I) beginning on the date the individual commenced employment as described in subparagraph (A)(ii); and (II) extending at least 4 consecutive weeks from such date. (ii) Second qualifying period For purposes of this paragraph, the term second qualifying period means, with respect to an individual, a period— (I) beginning on the date the individual commenced employment as described in subparagraph (A)(ii) (with the same employer with whom the individual qualified for the first lump-sum payment under this paragraph); and (II) extending at least 8 consecutive weeks from such date. (D) Duration A first or second lump-sum payment may not be made to any individual under this paragraph with respect to a first or second qualifying period beginning on or after July 4, 2021. (E) Employer verification required for both lump-sum payments Before making the first and second lump-sum payment to an individual pursuant to this paragraph, a State agency shall require verification from the individual’s employer— (i) of the individual’s employment status; (ii) of the wages paid to the individual during the applicable qualifying period; and (iii) of the hours worked by the individual during the applicable qualifying period. (F) Limitation A State may not provide more than one first lump-sum payment and one second lump-sum payment under this paragraph to an individual. (G) Special rule Payments made pursuant to an agreement under this paragraph shall not be considered to violate the withdrawal requirements of section 303(a)(5) of the Social Security Act ( 42 U.S.C. 503(a)(5) ) or section 3304(a)(4) of the Internal Revenue Code of 1986. . (b) Conforming amendments Section 2104 of the CARES Act ( 15 U.S.C. 9023 ) is amended— (1) in subsections (d) and (f), by inserting , payments under subsection (b)(4), after Federal Pandemic Unemployment Compensation each place it appears; and (2) in subsection (g)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the purposes of the preceding provisions of this section, as such provisions apply with respect to payments under subsection (b)(4), shall be applied with respect to unemployment benefits described in subsection (i)(2) to the same extent and in the same manner as if those benefits were regular compensation. . | https://www.govinfo.gov/content/pkg/BILLS-117s1557is/xml/BILLS-117s1557is.xml |
117-s-1558 | II 117th CONGRESS 1st Session S. 1558 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Blumenthal (for himself, Mr. Murphy , Mr. Markey , Mr. Menendez , Mrs. Feinstein , Ms. Warren , Mr. Whitehouse , Mr. Reed , Mr. Casey , Ms. Hirono , Mr. Padilla , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to ensure that all firearms are traceable, and for other purposes.
1. Short title This Act may be cited as the Untraceable Firearms Act of 2021 . 2. Sense of Congress It is the sense of Congress that— (1) without the enactment of this Act, the Bureau of Alcohol, Tobacco, Firearms and Explosives has the authority to regulate ghost guns (as defined in section 921(a) of title 18, United States Code, as amended by section 3 of this Act) and unfinished frames and receivers; and (2) the purpose of this Act is to clarify and strengthen such authority. 3. Requirement that all firearms be traceable (a) Definitions Section 921(a) of title 18, United States Code, is amended— (1) in paragraph (10), by adding at the end the following: The term manufacturing firearms shall include assembling a functional firearm or molding, machining, or 3D printing a frame or receiver, and shall not include making or fitting special barrels, stocks, or trigger mechanisms to firearms. ; (2) by inserting after paragraph (29) the following: (30) (A) The term frame or receiver — (i) means a part of a weapon that provides or is intended to provide the housing or structure to hold or integrate 1 or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure; (ii) includes a frame or receiver, blank, casting, or machined body, that requires modification, including machining, drilling, filing or molding, to be used as part of a functional firearm, and which is designed and intended to be used in the assembly of a functional firearm, unless the piece of material has had— (I) its size or external shape altered solely to facilitate transportation or storage; or (II) solely its chemical composition altered. (B) For purposes of subparagraph (A)(i), if a weapon with more than 1 part that provides the housing or a structure designed to hold or integrate 1 or more fire control or essential components, each such part shall be considered a frame or receiver, unless the Attorney General has provided otherwise by regulation with respect to the specific make and model of weapon on or before January 1, 2022. ; and (3) by adding at the end the following: (36) The term ghost gun — (A) means a firearm, including a frame or receiver, that lacks a unique serial number engraved or cast on the frame or receiver by a licensed manufacturer or importer in accordance with this chapter; and (B) does not include— (i) a firearm that has been rendered permanently inoperable; (ii) a firearm identified by means of a unique serial number assigned by a State agency and engraved or cast on the receiver or frame of the weapon before the effective date of the Untraceable Firearms Act of 2021 in accordance with a State law; (iii) a firearm manufactured or imported before December 16, 1968; or (iv) a firearm identified as provided for under section 5842 of the Internal Revenue Code of 1986. (37) The term fire control component — (A) means a component necessary for the firearm to initiate or complete the firing sequence; and (B) includes a hammer, bolt or breechblock, cylinder, trigger mechanism, firing pin, striker, and slide rails. . (b) Prohibition; requirements Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) The Congress finds and declares the following: (A) Firearms tracing is the systematic tracking of the movement of a firearm recovered by law enforcement officials from the first sale of a firearm by the manufacturer or importer through the distribution chain (including the wholesaler and retailer) to the first retail purchaser. (B) Law enforcement agencies across the country work with the Bureau of Alcohol, Tobacco, Firearms and Explosives to trace firearms and thereby obtain investigative leads in the fight against violent crime and terrorism. (C) The ability of law enforcement agencies to trace a firearm is dependent on the serial number or other marks on the firearm that identify the manufacturer or importer who manufactured or imported the firearm and that are unique to the firearm. (D) Interstate gun trafficking interferes with lawful commerce in firearms and significantly contributes to gun crime. Of the 254,700 firearms traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives in 2018, 71,910 of those firearms were originally sold by a licensed firearms dealer in a State other than the State where the firearms were recovered. These guns made up 28.2 percent of all firearm recoveries in 2018. (E) Even before the sale of a firearm, the gun, its component parts, and the raw materials from which they are made have considerably moved in interstate commerce. (F) If unserialized and untraceable firearms may be constructed and transported freely from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and law enforcement agencies may be unable to address it. (2) (A) Except as provided in subparagraph (B), it shall be unlawful for any person to manufacture, sell, offer to sell, transfer, purchase, or receive a ghost gun in or affecting interstate or foreign commerce. (B) Subparagraph (A) shall not apply to— (i) the manufacture of a firearm by a licensed manufacturer if the licensed manufacturer complies with section 923(i) before selling or transferring the firearm to another person; (ii) the offer to sell, sale, or transfer of a firearm to, or purchase or receipt of a firearm by, a licensed manufacturer or importer before the date that is 30 months after the date of enactment of the Untraceable Firearms Act of 2021 ; or (iii) transactions between licensed manufacturers and importers on any date. (3) It shall be unlawful for a person other than a licensed manufacturer or importer to engrave or cast a serial number on a firearm in or affecting interstate or foreign commerce unless specifically authorized by the Attorney General. (4) Beginning on the date that is 30 months after the date of enactment of the Untraceable Firearms Act of 2021 , it shall be unlawful for any person other than a licensed manufacturer or importer to knowingly possess a ghost gun in or affecting interstate or foreign commerce. (5) Beginning on the date that is 30 months after the date of enactment of the Untraceable Firearms Act of 2021 , it shall be unlawful for any person other than a licensed manufacturer or importer to possess a ghost gun in or affecting interstate or foreign commerce with the intent to sell or transfer the ghost gun with or without further manufacturing or to manufacture a firearm with the ghost gun. (6) (A) It shall be unlawful for any person to sell, offer to sell, or transfer, in or affecting interstate or foreign commerce, to any person other than a licensed manufacturer a machine that has the sole or primary function of manufacturing firearms. (B) Except as provided in subparagraph (A), beginning on the date that is 180 days after the date of enactment of the Untraceable Firearms Act of 2021 , it shall be unlawful for any person other than a licensed manufacturer to possess, purchase, or receive, in or affecting interstate or foreign commerce, a machine that has the sole or primary function of manufacturing firearms. (C) Subparagraph (B) shall not apply to a person who is engaged in the business of selling manufacturing equipment to a licensed manufacturer who possesses a machine with the intent to sell or transfer the machine to a licensed manufacturer. . (c) Requirements (1) Removal of serial numbers Section 922(k) of title 18, United States Code, is amended— (A) by striking importer's or manufacturer's each place it appears; and (B) by inserting authorized by this chapter or under State law before removed . (2) Licensed importers and manufacturers Section 923(i) of title 18, United States Code, is amended— (A) by inserting (1) before Licensed ; and (B) by adding at the end the following: The serial number shall be engraved or cast on the frame or receiver in a manner sufficient to identify the firearm and the manufacturer or importer that put the serial number on the firearm. (2) (A) Not later than 180 days after the date of enactment of the Untraceable Firearms Act of 2021 , the Attorney General shall prescribe regulations for engraving a unique serial number onto a ghost gun. (B) The regulations prescribed under subparagraph (A) shall— (i) allow an owner of a firearm described in subparagraph (A) to have a unique serial number engraved on the firearm by a licensed manufacturer or importer; and (ii) require that a serial number be engraved on the frame or receiver in a manner sufficient to identify the firearm and the manufacturer or importer that put the serial number on the firearm. (C) The regulations authorized under this paragraph shall expire on the date that is 30 months after the date of enactment of the Untraceable Firearms Act of 2021 . . (d) Penalties Section 924 of title 18, United States Code, is amended— (1) in subsection (a)(1)(B), by striking or (q) and inserting (q), (aa)(2), (aa)(3), (aa)(5), or (aa)(6) ; (2) in subsection (c) (A) in paragraph (1)— (i) in subparagraph (A), in the matter preceding clause (i), by inserting functional before firearm each place it appears; (ii) in subparagraph (B), in the matter preceding clause (i), by inserting functional before firearm ; and (iii) in subparagraph (D)(ii), by inserting functional before firearm ; and (B) in paragraph (4), by striking all or part of the firearm and all that follows through person. and inserting the following: all or part of the functional firearm, or otherwise make the presence of the functional firearm known to another person, in order to intimidate that person, regardless of whether the functional firearm is directly visible to that person. ; (3) in subsection (d)(1), by striking or (k) and inserting (k), (aa)(2), (aa)(3), (aa)(5), or (aa)(6) ; (4) in subsection (e)(1), by inserting through the possession of a functional firearm before and has three ; and (5) by adding at the end the following: (q) A person who violates section 922(aa)(4) shall— (1) in the case of the first violation by the person, be fined under this title, imprisoned not more than 1 year, or both; or (2) in the case of any subsequent violation by the person, be fined under this title, imprisoned not more than 5 years, or both. . 4. Modernization of the prohibition on undetectable firearms Section 922(p) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking any firearm ; (B) by amending subparagraph (A) to read as follows: (A) an undetectable firearm; or ; and (C) in subparagraph (B), by striking any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate and inserting the following: a major component of a firearm which, if subjected to inspection by the types of detection devices commonly used at airports for security screening, would not generate ; (2) in paragraph (2)— (A) by amending subparagraph (A) to read as follows: (A) the term undetectable firearm means a firearm, as defined in section 921(a)(3)(A), of which no major component is wholly made of detectable material; ; (B) by striking subparagraph (B) and inserting the following: (B) the term major component , with respect to a firearm— (i) means the slide or cylinder or the frame or receiver of the firearm; and (ii) in the case of a rifle or shotgun, includes the barrel of the firearm; and ; and (C) by striking subparagraph (C) and all that follows through the end of the undesignated matter following subparagraph (C) and inserting the following: (C) the term detectable material means any material that creates a magnetic field equivalent to or more than 3.7 ounces of 17–4 pH stainless steel. ; (3) in paragraph (3)— (A) in the first sentence, by inserting , including a prototype, after of a firearm ; and (B) by striking the second sentence; and (4) in paragraph (5), by striking shall not apply to any firearm which and all that follows and inserting the following: “shall not apply to— (A) any firearm received by, in the possession of, or under the control of the United States; or (B) the manufacture, importation, possession, transfer, receipt, shipment, or delivery of a firearm by a licensed manufacturer or licensed importer pursuant to a contract with the United States. . | https://www.govinfo.gov/content/pkg/BILLS-117s1558is/xml/BILLS-117s1558is.xml |
117-s-1559 | II 117th CONGRESS 1st Session S. 1559 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Tillis (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 Internal Revenue Code of 1986 to allow certain qualified over-the-counter securities to be treated as readily traded on an established securities market for the purpose of diversification requirements for employee stock ownership plans.
1. Short title This Act may be cited as the 2021 ESOP Fairness Act . 2. Certain securities treated as publicly traded (a) In general Paragraph (35) of section 401(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (I) Rules relating to publicly traded securities For purposes of this paragraph— (i) In general The term publicly traded employer securities means employer securities which are readily tradable on an established securities market. (ii) Special rule A security shall be treated as described in clause (i) if the security— (I) is the subject of priced quotations by at least 2 dealers, published and made continuously available on an interdealer quotation system (as such term is used in section 13 of the Securities Exchange Act of 1934) which has made the request described in section 6(j) of such Act to be treated as an alternative trading system, (II) is not a penny stock (as defined by section 3(a)(51) of such Act), (III) is issued by a company which is not a shell company (as such term is used in section 4(d)(6) of the Securities Act of 1933) or a blank check company (as defined in section 7(b)(3) of such Act), and is not subject to bankruptcy proceedings, (IV) in the case of a security issued by a company incorporated in the United States, the issuer publishes, not less frequently than annually, financial statements audited by an independent auditor registered with the Public Company Accounting Oversight Board established under the Sarbanes-Oxley Act of 2002, and (V) in the case of a security issued by a company incorporated outside of the United States, the issuer— (aa) is subject to the reporting requirements of sections 13 or 15(d) of the Securities Exchange Act of 1934, (bb) is subject to the reporting requirements of section 230.257 of title 17, Code of Federal Regulations, or (cc) is exempt from such requirements under section 240.12g3–2(b) of title 17, Code of Federal Regulations, and has published all information which is required by such Act or Rule, as applicable, to be publicly available. . (b) Conforming amendment Subparagraph (G) of section 401(a)(35) of the Internal Revenue Code of 1986 is amended by striking clause (v) and by redesignating clause (vi) as clause (v). (c) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1559is/xml/BILLS-117s1559is.xml |
117-s-1560 | II 117th CONGRESS 1st Session S. 1560 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Durbin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the work opportunity credit for certain youth employees.
1. Short title This Act may be cited as the Helping to Encourage Real Opportunities (HERO) for Youth Act of 2021 . 2. Modification and extension of work opportunity credit for certain youth employees (a) Expansion of credit for summer youth (1) Credit allowed for year-round employment Section 51(d)(7)(A) of the Internal Revenue Code of 1986 is amended— (A) by striking clauses (i) and (iii) and redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively; (B) in clause (i) (as so redesignated), by striking (or if later, on May 1 of the calendar year involved), ; (C) by striking the period at the end of clause (ii) (as so redesignated) and inserting , and ; and (D) adding at the end the following new clause: (iii) who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which such individual is regularly attending any secondary school. . (2) Increase in credit amount Section 51(d)(7) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (3) Conforming amendments (A) Subparagraph (F) of section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking summer . (B) Paragraph (7) of section 51(d) of such Code is amended— (i) by striking summer each place it appears in subparagraphs (A); (ii) in subparagraph (B), as redesignated by paragraph (2), by striking subparagraph (A)(iv) and inserting subparagraph (A)(ii) ; and (iii) by striking summer in the heading thereof. (b) Credit for disconnected youth (1) In general Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting , or , and by adding at the end the following new subparagraph: (K) an disconnected youth. . (2) Disconnected youth Paragraph (14) of section 51(d) of such Code is amended to read as follows: (14) Disconnected youth The term disconnected youth means any individual who— (A) (i) is certified by the designated local agency as having attained age 16 but not age 25 on the hiring date, and (ii) has self-certified (on a form prescribed by the Secretary) that such individual— (I) has not regularly attended any secondary, technical, or post-secondary school during the 6-month period preceding the hiring date, (II) has not been regularly employed during such 6-month period, and (III) is not readily employable by reason of lacking a sufficient number of basic skills, or (B) is certified by the designated local agency as— (i) having attained age 16 but not age 21 on the hiring date, and (ii) an eligible foster child (as defined in section 152(f)(1)(C)) who was in foster care during the 12-month period ending on the hiring date. . (c) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1560is/xml/BILLS-117s1560is.xml |
117-s-1561 | II 117th CONGRESS 1st Session S. 1561 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Casey (for himself, Ms. Warren , Mr. Brown , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to limit the number of local wage areas allowable within a General Schedule pay locality.
1. Short title This Act may be cited as the Locality Pay Equity Act of 2021 . 2. Limiting the number of local wage areas defined within a General Schedule pay locality (a) Local wage area limitation Section 5343(a) of title 5, United States Code, is amended— (1) in paragraph (1)(B)(i), by striking (but such and all that follows through are employed) ; (2) in paragraph (4), by striking and after the semicolon; (3) in paragraph (5), by striking the period after Islands and inserting ; and ; and (4) by adding at the end the following: (6) the Office of Personnel Management shall define not more than 1 local wage area within a pay locality, except that this paragraph shall not apply to the pay locality designated as Rest of United States . . (b) General Schedule pay locality defined Section 5342(a) of title 5, United States Code, is amended— (1) in paragraph (2)(C), by striking and after the semicolon; (2) in paragraph (3), by striking the period after employee and inserting ; and ; and (3) by adding at the end the following: (4) pay locality has the meaning given that term under section 5302. . 3. Regulations The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out the purpose of this Act, including regulations to ensure that the enactment of this Act shall not have the effect of reducing any rate of basic pay payable to any individual who is serving as a prevailing rate employee (as defined under section 5342(a)(2) of title 5, United States Code). 4. Applicability The amendments made by this Act shall apply on and after the first day of the first full pay period beginning at least 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1561is/xml/BILLS-117s1561is.xml |
117-s-1562 | II 117th CONGRESS 1st Session S. 1562 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Durbin (for himself 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 amend the Workforce Innovation and Opportunity Act to provide funding, on a competitive basis, for summer and year-round employment opportunities for youth ages 14 through 24.
1. Short title This Act may be cited as the Creating Pathways for Youth Employment Act . 2. Youth employment opportunities Title I of the Workforce Innovation and Opportunity Act is amended— (1) by redesignating subtitle E ( 29 U.S.C. 3241 et seq.) as subtitle F; and (2) by inserting after subtitle D ( 29 U.S.C. 3221 et seq.) the following: E Youth Employment Opportunities 176. Definitions In this subtitle: (1) Eligible youth The term eligible youth means an individual who— (A) is not younger than age 14 or older than age 24; and (B) is— (i) an in-school youth; (ii) an out-of-school youth; or (iii) an unemployed individual. (2) Hardest-to-employ, most-at-risk The term hardest-to-employ, most-at-risk , used with respect to an individual, includes individuals who are homeless, in foster care, involved in the juvenile or criminal justice system, or are not enrolled in or at risk of dropping out of an educational institution and who live in an underserved community that has faced trauma through acute or long-term exposure to substantial discrimination, historical or cultural oppression, intergenerational poverty, civil unrest, a high rate of violence, or a high rate of drug overdose mortality. (3) Indian tribe; tribal organization The terms Indian tribe and tribal organization have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) In-school youth; out-of-school youth The terms in-school youth and out-of-school youth have the meanings given the terms in section 129(a)(1). (5) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (6) Subsidized employment The term subsidized employment means employment for which the employer receives a total or partial subsidy to offset costs of employing an eligible youth under this subtitle. (7) Tribal area The term tribal area means— (A) an area on or adjacent to an Indian reservation; (B) land held in trust by the United States for Indians; (C) a public domain Indian allotment; (D) a former Indian reservation in Oklahoma; and (E) land held by an incorporated Native group, Regional Corporation, or Village Corporation under the provisions of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.). (8) Tribal college or university The term tribal college or university has the meaning given the term Tribal College or University in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ). (9) Tribally designated housing entity The term tribally designated housing entity , used with respect to an Indian tribe (as defined in this section), has the meaning given in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). 176A. Allocation of funds (a) Allocation Of the funds appropriated under section 176E that remain available after any reservation under subsection (b), the Secretary may make available— (1) not more than $1,500,000,000 in accordance with section 176B to provide eligible youth with subsidized summer employment opportunities; and (2) not more than $2,000,000,000 in accordance with section 176C to provide eligible youth with subsidized year-round employment opportunities. (b) Reservation The Secretary may reserve not more than 10 percent of the funds appropriated under section 176E to provide technical assistance and oversight, in order to assist eligible entities in applying for and administering grants awarded under this subtitle. 176B. Summer employment competitive grant program (a) In general (1) Grants Using the amounts made available under 176A(a)(1), the Secretary shall award, on a competitive basis, planning and implementation grants. (2) General use of funds The Secretary shall award the grants to assist eligible entities by paying for the program share of the cost of— (A) in the case of a planning grant, planning a summer youth employment program to provide subsidized summer employment opportunities; and (B) in the case of an implementation grant, implementation of such a program, to provide such opportunities. (b) Periods and amounts of grants (1) Planning grants The Secretary may award a planning grant under this section for a 1-year period, in an amount of not more than $200,000. (2) Implementation grants The Secretary may award an implementation grant under this section for a 3-year period, in an amount of not more than $5,000,000. (c) Eligible entities (1) In general To be eligible to receive a planning or implementation grant under this section, an entity shall— (A) be a— (i) State, local government, or Indian tribe or tribal organization, that meets the requirements of paragraph (2); or (ii) community-based organization that meets the requirements of paragraph (3); and (B) meet the requirements for a planning or implementation grant, respectively, specified in paragraph (4). (2) Government partnerships An entity that is a State, local government, or Indian tribe or tribal organization referred to in paragraph (1) shall demonstrate that the entity has entered into a partnership with State, local, or tribal entities— (A) that shall include— (i) a local educational agency or tribal educational agency (as defined in section 6132 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 )); (ii) a local board or tribal workforce development agency; (iii) a State, local, or tribal agency serving youth under the jurisdiction of the juvenile justice system or criminal justice system; (iv) a State, local, or tribal child welfare agency; (v) a State, local, or tribal agency or community-based organization, with— (I) expertise in providing counseling services, and trauma-informed and gender-responsive trauma prevention, identification, referral, and support (including treatment) services; and (II) a proven track record of serving low-income vulnerable youth and out-of-school youth; and (vi) if the State, local government, or Indian tribe or tribal organization is seeking an implementation grant, and has not established a summer youth employment program, an entity that is carrying out a State, local, or tribal summer youth employment program; and (vii) an employer or employer association; and (B) that may include— (i) an institution of higher education or tribal college or university; (ii) a representative of a labor or labor-management organization; (iii) an entity that carries out a program that receives funding under the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq.) or section 212 of the Second Chance Act of 2007 ( 42 U.S.C. 17532 ); (iv) a collaborative applicant as defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ) or a private nonprofit organization that serves homeless individuals and households (including such an applicant or organization that serves individuals or households that are at risk of homelessness in tribal areas) or serves foster youth; (v) an entity that carries out a program funded under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.), including Native American programs funded under section 116 of that Act ( 20 U.S.C. 2326 ) and tribally controlled postsecondary career and technical institution programs funded under section 117 of that Act ( 20 U.S.C. 2327 ); (vi) a local or tribal youth committee; (vii) a State or local public housing agency or a tribally designated housing entity; and (viii) another appropriate State, local, or tribal agency. (3) Community-based organization partnerships A community-based organization referred to in paragraph (1) shall demonstrate that the organization has entered into a partnership with State, local, or tribal entities— (A) that shall include— (i) a unit of general local government or tribal government; (ii) an agency described in paragraph (2)(A)(i); (iii) a local board or tribal workforce development agency; (iv) a State, local, or tribal agency serving youth under the jurisdiction of the juvenile justice system or criminal justice system; (v) a State, local, or tribal child welfare agency; (vi) if the organization is seeking an implementation grant, and has not established a summer youth employment program, an entity that is carrying out a State, local, or tribal summer youth employment program; and (vii) an employer or employer association; and (B) that may include one or more entities described in paragraph (2)(B). (4) Entities eligible for particular grants (A) Entities eligible for planning grants The Secretary may award a planning grant under this section to an eligible entity that— (i) is preparing to establish or expand a summer youth employment program that meets the minimum requirements specified in subsection (d); and (ii) has not received a grant under this section. (B) Entities eligible for implementation grants (i) In general The Secretary may award an implementation grant under this section to an eligible entity that— (I) has received a planning grant under this section; or (II) has established a summer youth employment program and demonstrates a minimum level of capacity to enhance or expand the summer youth employment program described in the application submitted under subsection (d). (ii) Capacity In determining whether an entity has the level of capacity referred to in clause (i)(II), the Secretary may include as capacity— (I) the entity's staff capacity and staff training to deliver youth employment services; and (II) the entity's existing youth employment services (as of the date of submission of the application submitted under subsection (d)) that are consistent with the application. (d) Application (1) In general Except as provided in paragraph (2), an eligible entity desiring to receive a grant under this section for a summer youth employment program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, each of the following: (A) With respect to an application for a planning or implementation grant— (i) a description of the eligible youth for whom summer employment services will be provided; (ii) a description of the eligible entity, and a description of the expected participation and responsibilities of each of the partners in the partnership described in subsection (c); (iii) information demonstrating sufficient need for the grant in the State, local, or tribal population, which may include information showing— (I) a high level of unemployment among youth (including young adults) ages 14 through 24; (II) a high rate of out-of-school youth; (III) a high rate of homelessness; (IV) a high rate of poverty; (V) a high rate of adult unemployment; (VI) a high rate of community or neighborhood crime; (VII) a high rate of violence; or (VIII) a high level or rate on another indicator of need; (iv) a description of the strategic objectives the eligible entity seeks to achieve through the program to provide eligible youth with core work readiness skills, which may include— (I) financial literacy skills, including providing the support described in section 129(b)(2)(D); (II) sector-based technical skills aligned with employer needs; (III) skills that— (aa) are soft employment skills, early work skills, or work readiness skills; and (bb) include social skills, communications skills, higher-order thinking skills, self-control, and positive self-concept; and (IV) (for the hardest-to-employ, most-at-risk eligible youth) basic skills like communication, math, and problem solving in the context of training for advancement to better jobs and postsecondary training; and (v) information demonstrating that the eligible entity has obtained commitments to provide the non-program share described in paragraph (2) of subsection (h). (B) With respect to an application for a planning grant— (i) a description of the intermediate and long-term goals for planning activities for the duration of the planning grant; (ii) a description of how grant funds will be used to develop a plan to provide summer employment services for eligible youth; (iii) a description of how the eligible entity will carry out an analysis of best practices for identifying, recruiting, and engaging program participants, in particular the hardest-to-employ, most-at-risk eligible youth; (iv) a description of how the eligible entity will carry out an analysis of best practices for placing youth participants— (I) in opportunities that— (aa) are appropriate subsidized employment opportunities with employers based on factors including age, skill, experience, career aspirations, work-based readiness, and barriers to employment; and (bb) may include additional services for participants, including core work readiness skill development and mentorship services; (II) in summer employment that— (aa) is not less than 6 weeks; (bb) follows a schedule of not more than 20 hours per week; and (cc) pays not less than the applicable Federal, State, or local minimum wage; and (v) a description of how the eligible entity plans to develop a mentorship program or connect youth with positive, supportive mentorships, consistent with paragraph (3). (C) With respect to an application for an implementation grant— (i) a description of how the eligible entity plans to identify, recruit, and engage program participants, in particular the hardest-to-employ, most-at-risk eligible youth; (ii) a description of the manner in which the eligible entity plans to place eligible youth participants in subsidized employment opportunities, and in summer employment, described in subparagraph (B)(iv); (iii) (for a program serving the hardest-to-employ, most-at-risk eligible youth), a description of workplaces for the subsidized employment involved, which may include workplaces in the public, private, and nonprofit sectors; (iv) a description of how the eligible entity plans to provide or connect eligible youth participants with positive, supportive mentorships, consistent with paragraph (3); (v) a description of services that will be available to employers participating in the youth employment program, to provide supervisors involved in the program with coaching and mentoring on— (I) how to support youth development; (II) how to structure learning and reflection; and (III) how to deal with youth challenges in the workplace; (vi) a description of how the eligible entity plans to offer structured pathways back into employment and a youth employment program under this section for eligible youth who have been terminated from employment or removed from the program; (vii) a description of how the eligible entity plans to engage eligible youth beyond the duration of the summer employment opportunity, which may include— (I) developing or partnering with a year-round youth employment program; (II) referring eligible youth to other year-round programs, which may include— (aa) programs funded under section 176C or the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.); (bb) after school programs; (cc) secondary or postsecondary education programs; (dd) training programs; (ee) cognitive behavior therapy programs; (ff) apprenticeship programs; and (gg) national service programs; (III) employing a full-time, permanent staff person who is responsible for youth outreach, followup, and recruitment; or (IV) connecting eligible youth with job development services, including career counseling, resume and job application assistance, interview preparation, and connections to job leads; (viii) evidence of the eligible entity's capacity to provide the services described in this subsection; and (ix) a description of the quality of the summer youth employment program, including a program that leads to a recognized postsecondary credential. (2) Indian tribe; tribal organizations An eligible entity that is an Indian tribe or tribal organization and desires to receive a grant under this section for a summer youth employment program may, in lieu of submitting the application described in paragraph (1), submit an application to the Secretary that meets such requirements as the Secretary develops after consultation with the tribe or organization. (3) Mentor For purposes of subparagraphs (B)(iv), (B)(v), and (C)(iv) of paragraph (1), a mentor— (A) shall be an individual who has been matched with an eligible youth based on the youth's needs; (B) shall make contact with the eligible youth at least once each week; (C) shall be a trusted member of the local community; and (D) may include— (i) a mentor trained in trauma-informed care (including provision of trauma-informed trauma prevention, identification, referral, or support services to youth that have experienced or are at risk of experiencing trauma), conflict resolution, and positive youth development; (ii) a job coach trained to provide youth with guidance on how to navigate the workplace and troubleshoot problems; (iii) a supervisor trained to provide at least two performance assessments and serve as a reference; or (iv) a peer mentor who is a former or current participant in the youth employment program involved. (e) Awards for populations and areas (1) Populations The Secretary shall reserve, from the amounts made available under section 176A(a)(1)— (A) 50 percent to award grants under this section for planning or provision of subsidized summer employment opportunities for in-school youth; and (B) 50 percent to award such grants to plan for planning or provision of such opportunities for out-of-school youth. (2) Areas (A) In general In awarding the grants, the Secretary shall consider the regional diversity of the areas to be served, to ensure that urban, suburban, rural, and tribal areas are receiving grant funds. (B) Rural and tribal area inclusion (i) Rural areas Not less than 20 percent of the amounts made available under section 176A(a)(1) for each fiscal year shall be made available for activities to be carried out in rural areas. (ii) Tribal areas Not less than 5 percent of the amounts made available under section 176A(a)(1) for each fiscal year shall be made available for activities to be carried out in tribal areas. (f) Program priorities In allocating funds under this section, the Secretary shall give priority to eligible entities— (1) who propose to coordinate their activities— (A) with local or tribal employers; and (B) with agencies described in subsection (c)(2)(A)(i) to ensure the summer youth employment programs provide clear linkages to remedial, academic, and occupational programs carried out by the agencies; (2) who propose a plan to increase private sector engagement in, and job placement through, summer youth employment; and (3) who have, in their counties, States, or tribal areas (as compared to other counties in their State, other States, or other tribal areas, respectively), a high level or rate described in subsection (d)(1)(A)(iii). (g) Use of funds (1) In general An eligible entity that receives a grant under this section may use the grant funds for services described in subsection (d). (2) Discretionary uses The eligible entity may also use the funds— (A) to provide wages to eligible youth in subsidized summer employment programs; (B) to provide eligible youth with support services, including case management, child care assistance, child support services, and transportation assistance; and (C) to develop data management systems to assist with programming, evaluation, and records management. (3) Administration An eligible entity may reserve not more than 10 percent of the grant funds for the administration of activities under this section. (4) Carry-over authority Any amounts provided to an eligible entity under this section for a fiscal year may, at the discretion of the Secretary, remain available to that entity for expenditure during the succeeding fiscal year to carry out programs under this section. (h) Program share (1) Planning grants The program share for a planning grant awarded under this section shall be 100 percent of the cost described in subsection (a)(2)(A). (2) Implementation grants (A) In general The program share for an implementation grant awarded under this section shall be 50 percent of the cost described in subsection (a)(2)(B). (B) Exception Notwithstanding subparagraph (A), the Secretary— (i) may increase the program share for an eligible entity; and (ii) shall increase the program share for an Indian tribe or tribal organization to not less than 95 percent of the cost described in subsection (a)(2)(B). (C) Non-program share The eligible entity may provide the non-program share of the cost— (i) in cash or in-kind, fairly evaluated, including plant, equipment, or services; and (ii) from State, local, tribal or private (including philanthropic) sources and, in the case of an Indian tribe or tribal organization, from Federal sources. 176C. Year-round employment competitive grant program (a) In general (1) Grants Using the amounts made available under 176A(a)(2), the Secretary shall award, on a competitive basis, planning and implementation grants. (2) General use of funds The Secretary shall award the grants to assist eligible entities by paying for the program share of the cost of— (A) in the case of a planning grant, planning a year-round youth employment program to provide subsidized year-round employment opportunities; and (B) in the case of an implementation grant, implementation of such a program to provide such opportunities. (b) Periods and amounts of grants The planning grants shall have the periods and amounts described in section 176B(b)(1). The implementation grants shall have the periods and grants described in section 176B(b)(2). (c) Eligible entities (1) In general To be eligible to receive a planning or implementation grant under this section, an entity shall, except as provided in paragraph (2)— (A) be a— (i) State, local government, or Indian tribe or tribal organization, that meets the requirements of section 176B(c)(2); or (ii) community-based organization that meets the requirements of section 176B(c)(3); and (B) meet the requirements for a planning or implementation grant, respectively, specified in section 176B(c)(4). (2) Year-round youth employment programs For purposes of paragraph (1), any reference in section 176B(c)— (A) to a summer youth employment program shall be considered to refer to a year-round youth employment program; and (B) to a provision of section 176B shall be considered to refer to the corresponding provision of this section. (d) Application (1) In general Except as provided in paragraph (2), an eligible entity desiring to receive a grant under this section for a year-round youth employment program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, each of the following: (A) With respect to an application for a planning or implementation grant, the information and descriptions specified in section 176B(d)(1)(A). (B) With respect to an application for a planning grant, the descriptions specified in section 176B(d)(1)(B), except that the description of an analysis for placing youth in employment described in clause (iv)(II)(bb) of that section shall cover employment that follows a schedule— (i) that consists of— (I) not more than 15 hours per week for in-school youth; and (II) not less than 20 and not more than 40 hours per week for out-of-school youth; and (ii) that depends on the needs and work-readiness level of the population being served. (C) With respect to an application for an implementation grant, the descriptions and evidence specified in section 176B(d)(1)(C)— (i) except that the reference in section 176(d)(1)(C)(ii) to employment described in section 176B(d)(1)(B) shall cover employment that follows the schedule described in subparagraph (B); and (ii) except that the reference to programs in clause (vii)(II)(aa) of that section shall be considered to refer only to programs funded under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.). (2) Indian tribe; tribal organizations An eligible entity that is an Indian tribe or tribal organization and desires to receive a grant under this section for a year-round youth employment program may, in lieu of submitting the application described in paragraph (1), submit an application to the Secretary that meets such requirements as the Secretary develops after consultation with the tribe or organization. (3) Mentor For purposes of paragraph (1), any reference in subparagraphs (B)(iv), (B)(v), and (C)(iv) of section 176B(d)(1) to a mentor shall be considered to refer to a mentor who— (A) shall be an individual described in subparagraphs (A) and (C) of section 176B(d)(3); (B) shall make contact with the eligible youth at least twice each week; and (C) may be an individual described in section 176B(d)(3)(D). (4) Year-round employment For purposes of this subsection, any reference in section 176B(d)— (A) to summer employment shall be considered to refer to year-round employment; and (B) to a provision of section 176B shall be considered to refer to the corresponding provision of this section. (e) Awards for populations and areas; Priorities (1) Populations The Secretary shall reserve, from the amounts made available under section 176A(a)(2)— (A) 50 percent to award grants under this section for planning or provision of subsidized year-round employment opportunities for in-school youth; and (B) 50 percent to award such grants to plan for planning or provision of such opportunities for out-of-school youth. (2) Areas; priorities In awarding the grants, the Secretary shall— (A) carry out section 176B(e)(2); and (B) give priority to eligible entities— (i) who— (I) propose the coordination and plan described paragraphs (1) and (2) of section 176B(f), with respect to year-round youth employment; and (II) meet the requirements of section 176B(f)(3); or (ii) who— (I) propose a plan to coordinate activities with entities carrying out State, local, or tribal summer youth employment programs, to provide pathways to year-round employment for eligible youth who are ending summer employment; and (II) meet the requirements of section 176B(f)(3). (f) Use of funds An eligible entity that receives a grant under this section may use the grant funds— (1) for services described in subsection (d); (2) as described in section 176B(g)(2), with respect to year-round employment programs; (3) as described in section 176B(g)(3), with respect to activities under this section; and (4) at the discretion of the Secretary, as described in section 176B(g)(4), with respect to activities under this section. (g) Program share (1) Planning grants The provisions of section 176B(h)(1) shall apply to planning grants awarded under this section, with respect to the cost described in subsection (a)(2)(A). (2) Implementation grants The provisions of section 176B(h)(2) shall apply to implementation grants awarded under this section, with respect to the cost described in subsection (a)(2)(B). 176D. Evaluation and administration (a) Performance measures (1) Establishment The Secretary shall establish performance measures for purposes of annual reviews under subsection (b). (2) Components The performance measures for the eligible entities shall consist of— (A) the indicators of performance described in paragraph (3); and (B) an adjusted level of performance for each indicator described in subparagraph (A). (3) Indicators of performance (A) In general The indicators of performance shall consist of— (i) the percentage of youth employment program participants who are in education or training activities, or in employment, during the second quarter after exit from the program; (ii) the percentage of youth employment program participants who are in education or training activities, or in employment, during the fourth quarter after exit from the program; (iii) the percentage of youth employment program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to subparagraph (B)), during participation in or within 1 year after exit from the program; and (iv) the percentage of youth employment program participants who, during a program year, are in a youth employment program that includes an education or training program that leads to an outcome specified by the Secretary, which may include— (I) obtaining a recognized postsecondary credential or employment; or (II) achieving measurable skill gains toward such a credential or employment. (B) Indicator relating to credential For purposes of subparagraph (A)(iii), youth employment program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such subparagraph only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained or retained employment or are in a youth employment program that includes an education or training program leading to a recognized postsecondary credential within 1 year after exit from the program. (4) Levels of performance (A) In general For each eligible entity, there shall be established, in accordance with this paragraph, levels of performance for each of the corresponding indicators of performance described in paragraph (3). (B) Identification in application Each eligible entity shall identify, in the application submitted under subsection (d) of section 176B or 176C, expected levels of performance for each of those indicators of performance for each program year covered by the application. (C) Agreement on adjusted levels of performance The eligible entity shall reach agreement with the Secretary on levels of performance for each of those indicators of performance for each such program year. The levels agreed to shall be considered to be the adjusted levels of performance for the eligible entity for such program years and shall be incorporated into the application prior to the approval of such application. (b) Annual review The Secretary shall carry out an annual review of each eligible entity receiving a grant under this subtitle. In conducting the review, the Secretary shall review the performance of the entity on the performance measures under this section and determine if the entity has used any practices that shall be considered best practices for purposes of this subtitle. (c) Report to Congress (1) Preparation The Secretary shall prepare a report on the grant programs established by this subtitle, which report shall include a description of— (A) the eligible entities receiving funding under this subtitle; (B) the activities carried out by the eligible entities; (C) how the eligible entities were selected to receive funding under this subtitle; and (D) an assessment of the results achieved by the grant programs including findings from the annual reviews conducted under subsection (b). (2) Submission Not later than 3 years after the date of enactment of the Creating Pathways for Youth Employment Act , and annually thereafter, the Secretary shall submit a report described in paragraph (1) to the appropriate committees of Congress. (d) Application to Indian tribes and tribal organizations The Secretary may issue regulations that clarify the application of all the provisions of this subtitle to Indian tribes and tribal organizations. 176E. Authorization of appropriations There are authorized to be appropriated— (1) to carry out section 176B, $300,000,000 for each of fiscal years 2022 through 2026; and (2) to carry out section 176C, $400,000,000 for each of fiscal years 2022 through 2026. . 3. Conforming amendments (a) References (1) Section 121(b)(1)(C)(ii)(II) of the Workforce Investment and Opportunity Act ( 29 U.S.C. 3152(b)(1)(C)(ii)(II) ) is amended by striking subtitles C through E and inserting subtitles C through F . (2) Section 503(b) of such Act ( 29 U.S.C. 3343(b) ) is amended by inserting before the period the following: (as such subtitles were in effect on the day before the date of enactment of this Act) . (b) Table of contents The table of contents in section 1(b) of such Act is amended by striking the item relating to the subtitle heading for subtitle E of title I and inserting the following: Subtitle E—Youth Employment Opportunities Sec. 176. Definitions. Sec. 176A. Allocation of funds. Sec. 176B. Summer employment competitive grant program. Sec. 176C. Year-round employment competitive grant program. Sec. 176D. Evaluation and administration. Sec. 176E. Authorization of appropriations. . | https://www.govinfo.gov/content/pkg/BILLS-117s1562is/xml/BILLS-117s1562is.xml |
117-s-1563 | II 117th CONGRESS 1st Session S. 1563 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Wicker (for himself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish an open network architecture testbed at the Institute for Telecommunication Sciences of the National Telecommunications and Information Administration to develop and demonstrate network architectures and applications, and for other purposes.
1. Short title This Act may be cited as the Telecommunications Supply Chain Diversity Promotion Act . 2. Open network architecture (a) Open network architecture testbed (1) Definitions In this subsection— (A) the term Applied Research Open-RAN testbed means the testbed established under paragraph (2); (B) the term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information; and (C) the term NTIA means the National Telecommunications and Information Administration. (2) Establishment The Assistant Secretary shall establish an applied research open network architecture testbed at the Institute for Telecommunication Sciences of the NTIA to develop and demonstrate network architectures and applications, equipment integration and interoperability at scale, including— (A) Open Radio Access Network (commonly known as Open-RAN ) technology; (B) Virtualized Radio Access Network (commonly known as vRAN ) technology; and (C) cloud native technologies that replicate telecommunications hardware as software-based virtual network elements and functions. (3) Focus; considerations In establishing the Applied Research Open-RAN testbed pursuant to this section, the Assistant Secretary shall ensure that such testbed evaluates issues related to deployment and operation of open network architectures in rural areas. (4) Cooperative research and development agreements The Assistant Secretary shall enter into cooperative research and development agreements as appropriate to obtain equipment, devices, and expertise for the Applied Research Open-RAN testbed, in accordance with section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ). (5) Private sector contributions The Assistant Secretary may accept private contributions to the Applied Research Open-RAN testbed in the form of network equipment or devices for testing purposes. (6) Partnership with Government entities (A) Establishment In establishing the Applied Research Open-RAN testbed, the Assistant Secretary shall— (i) consult with the Federal Communications Commission, including with respect to ongoing work by the Commission to develop other testbeds, including private sector testbeds, related to Open-RAN technologies; and (ii) ensure that the work on the testbed is coordinated with the responsibilities of the Assistant Secretary under any relevant memorandum of understanding with the Federal Communications Commission and the National Science Foundation related to spectrum. (B) Operations In operating the Applied Research Open-RAN testbed, the Assistant Secretary shall, in consultation with the Federal Communications Commission, partner with— (i) the First Responder Network Authority of the NTIA (also known as FirstNet ) and the Public Safety Communications Research Division of the National Institute of Standards and Technology to examine use cases and applications for Open-RAN technologies in a public safety network; (ii) other Federal agencies, as appropriate to examine use cases and applications for Open-RAN technologies in other areas of interest to such agencies; and (iii) international partners, as appropriate. (7) Stakeholder input The Assistant Secretary shall seek input from stakeholders regarding the establishment and operation of the Applied Research Open-RAN testbed. (8) Implementation deadline Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall— (A) define metrics and parameters for the Applied Research Open-RAN testbed, including functionality, project configuration and capacity, performance, security requirements, and quality assurance; (B) adopt any rules as necessary, in consultation with the Federal Communications Commission; and (C) begin the development of the Applied Research Open-RAN testbed, including seeking stakeholder input as required by paragraph (7). (9) Report Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the findings of the testbed and any recommendations for additional legislative or regulatory actions relating to the work of the testbed. (10) Authorization of appropriations (A) In general There are authorized to be appropriated for the administration of the Applied Research Open-RAN testbed $20,000,000 for fiscal year 2022, to remain available until expended. (B) Rule of construction Nothing in paragraph (6) shall be construed to obligate FirstNet or any other Federal entity to pay for the cost of the Applied Research Open-RAN testbed created under this section in the absence of the appropriation of amounts under this paragraph. (C) Authorization for voluntary support A Federal entity, including FirstNet, may voluntarily enter into an agreement with NTIA to provide monetary or nonmonetary support for the Applied Research Open-RAN testbed. (b) Participation in standards-Setting bodies (1) Definitions In this section— (A) the term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information; (B) the term eligible standards-setting body — (i) means a standards-setting body, participation in which may be funded by a grant awarded under paragraph (2), as determined by the Assistant Secretary; and (ii) includes— (I) the 3rd Generation Partnership Project (commonly known as 3GPP ); (II) the Alliance for Telecommunications Industry Solutions (commonly known as ATIS ); (III) the International Telecommunications Union (commonly known as ITU ); (IV) the Institute for Electrical and Electronics Engineers (commonly known as IEEE ); (V) the World Radiocommunications Conferences (commonly known as the WRC ) of the ITU; (VI) the Internet Engineering Task Force (commonly known as the IETF ); (VII) the International Organization for Standardization (commonly known as the ISO ) and the International Electrotechnical Commission (commonly known as the IEC ); (VIII) the O-RAN Alliance; (IX) the Telecommunications Industry Association (commonly known as TIA ); and (X) any other standards-setting body identified under paragraph (4); (C) the term Secretary means the Secretary of Commerce; and (D) the term standards-setting body means an international body that develops the standards for open network architecture technologies. (2) Grant program (A) In general The Secretary, in collaboration with the Assistant Secretary, shall award grants to private sector entities based in the United States to participate in eligible standards-setting bodies. (B) Prioritization The Secretary shall prioritize grants awarded under this section to private sector entities that would not otherwise be able to participate in eligible standards-setting bodies without the grant. (3) Grant criteria Not later than 180 days after the date on which amounts are appropriated under paragraph (5), the Secretary, in collaboration with the Assistant Secretary, shall establish criteria for the grants awarded under paragraph (2). (4) Consultation with Federal Communications Commission The Secretary shall consult with the Federal Communications Commission in— (A) determining criteria for the grants awarded under paragraph (2); and (B) determining which standards-setting bodies, if any, in addition to the standards-setting bodies listed in paragraph (1)(B)(ii) are eligible standards-setting bodies. (5) Authorization of appropriations (A) In general There are authorized to be appropriated for grants under paragraph (2) $30,000,000 in total for fiscal years 2022 through 2025, to remain available until expended. (B) Administrative costs The Secretary may use not more than 2 percent of any funds appropriated under this paragraph for the administration of the grant program established under this subsection. | https://www.govinfo.gov/content/pkg/BILLS-117s1563is/xml/BILLS-117s1563is.xml |
117-s-1564 | II 117th CONGRESS 1st Session S. 1564 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To authorize the Secretary of Veterans Affairs to provide support to university law school programs that are designed to provide legal assistance to veterans, and for other purposes.
1. Short title This Act may be cited as the Veterans Legal Support Act of 2021 . 2. Department of Veterans Affairs support for university legal clinics that assist veterans (a) Support authorized The Secretary of Veterans Affairs may provide support to one or more university law school programs that are designed to provide legal assistance to veterans. (b) Eligible programs Programs of university law schools which may receive support under subsection (a) may include programs that assist veterans with— (1) filing and appealing claims for benefits under laws administered by the Secretary; and (2) such other civil, criminal, and family legal matters as the Secretary considers appropriate. (c) Financial support (1) In general The support provided a program under subsection (a) may include financial support of the program. (2) Limitation on amount The total amount of financial support provided under subsection (a) in any fiscal year may not exceed $2,000,000. (3) Funding Amounts for financial support under subsection (a) shall be derived from amounts appropriated or otherwise made available to the General Operating Expenses account of the Veterans Benefits Administration. | https://www.govinfo.gov/content/pkg/BILLS-117s1564is/xml/BILLS-117s1564is.xml |
117-s-1565 | II 117th CONGRESS 1st Session S. 1565 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mrs. Shaheen (for herself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for hands-on learning opportunities in STEM education.
1. Short title This Act may be cited as the Supporting STEM Learning Opportunities Act . 2. Findings Congress finds the following: (1) Developing a robust, talented, and homegrown workforce, particularly in the fields of STEM, is critical to the success of the United States innovation economy. (2) The United States educational system is not producing a sufficient number of workers with the necessary STEM expertise to meet the needs of the United States industry in STEM fields. (3) Hands-on and experiential learning opportunities outside of the classroom are critical for student success in STEM subjects and careers, stimulating students’ interest, increasing confidence, and creating motivation to pursue a related career. (4) Hands-on and experiential learning opportunities can be particularly successful in inspiring interest in students who traditionally have been underrepresented in STEM fields, including girls, students of color, and students from disadvantaged backgrounds. (5) An expansion of hands-on and experiential learning programs across the United States would expand the STEM workforce pipeline, developing and training students for careers in STEM fields. 3. Hands-on learning opportunities in STEM education (a) Definitions In this section: (1) ESEA terms The terms elementary school , high school , secondary school , and State have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Eligible nonprofit program The term eligible nonprofit program — (A) means a nonprofit program serving prekindergarten, elementary school, or secondary school students; and (B) includes a program described in subparagraph (A) that covers the continuum of education from prekindergarten through high school and is available in every State. (3) Director The term Director means the Director of the National Science Foundation. (4) STEM The term STEM means science, technology, engineering, and mathematics. (b) Purposes The purposes of this section are to— (1) provide effective, compelling, and engaging means for teaching and reinforcing fundamental STEM concepts and inspiring the youth of the United States to pursue careers in STEM-related fields; (2) expand the STEM workforce pipeline by developing and training students for careers in United States STEM fields; and (3) broaden participation in the STEM workforce by underrepresented population groups. (c) Program authorized (1) In general The Director shall, subject to the availability of appropriations for such purposes, provide grants to eligible nonprofit programs for supporting hands-on learning opportunities in STEM education, including via after-school activities and innovative learning opportunities such as robotics competitions and for the purposes of evaluating the impact of such programs on STEM learning and disseminating the results of such evaluations. (2) Priority In awarding grants under the program, the Director shall give priority to eligible nonprofit programs serving students that attend elementary schools or secondary schools (including high schools) that— (A) are implementing comprehensive support and improvement activities or targeted support and improvement activities under paragraph (1) or (2) of section 1111(d) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(d) ); or (B) serve high percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1565is/xml/BILLS-117s1565is.xml |
117-s-1566 | II 117th CONGRESS 1st Session S. 1566 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Casey (for himself, Mr. Moran , Mr. Merkley , Ms. Hirono , Ms. Duckworth , Mrs. Gillibrand , Mr. Menendez , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide grants to enable nonprofit disability organizations to develop training programs that support safe interactions between law enforcement officers and individuals with disabilities and older individuals.
1. Short title This Act may be cited as the Safe Interactions Act of 2021 . 2. Findings Congress finds the following: (1) Individuals with disabilities are 2.5 times more likely to be victims of violent crime. (2) Individuals with disabilities are 3 times more likely to be victims of a serious crime. (3) Individuals with disabilities make up between one-third and one-half of all individuals killed by law enforcement officers. 3. Purpose The purposes of this Act are to— (1) authorize the Secretary to award competitive grants to nonprofit disability organizations to administer enhanced training programs to law enforcement officers who may encounter or provide services to covered individuals, including— (A) individuals with mental health disabilities, including schizophrenia; (B) individuals who are deaf, deaf-blind, hard of hearing, or blind, are autistic, or have other intellectual or developmental disabilities; (C) older individuals with dementia or other cognitive impairments; or (D) individuals with any other disabilities or chronic health condition; (2) support, not replace, other specialized law enforcement officer training; and (3) (A) increase the awareness, knowledge, and understanding of law enforcement officers about covered individuals and their unique needs and applicable Federal civil rights laws; (B) reduce incidences of violence between law enforcement officers and covered individuals; (C) expand the knowledge of law enforcement officers, in areas such as the signs of disabilities, identifying people with disabilities, communicating with people with disabilities, and effective ways to approach covered individuals to minimize situations of risk to— (i) those individuals; and (ii) the law enforcement officers who intervene or provide services to those individuals; and (D) increase the knowledge of law enforcement officers of community resources available for covered individuals to ultimately limit interactions with law enforcement officers. 4. Definitions In this Act: (1) Covered grant The term covered grant means a grant awarded under section 5(a). (2) Covered individual The term covered individual means— (A) an older individual; or (B) an individual with a disability. (3) Eligible entity The term eligible entity means a nonprofit disability organization that has formed a partnership with a law enforcement agency or a consortium of law enforcement agencies to administer enhanced training programs to law enforcement officers of the agency or agencies on how to interact with covered individuals. (4) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Individual with a disability The term individual with a disability means any individual who has a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (6) Initial training program The term initial training program means a mandatory training program offered to new law enforcement officers during their orientation under section 5(d)(1)(A). (7) Law enforcement officer The term law enforcement officer means any officer, agent, or employee of a State, political subdivision of a State, or Indian Tribe— (A) authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law; or (B) authorized by law to supervise sentenced criminal offenders. (8) Nonprofit disability organization The term nonprofit disability organization means a nonprofit organization— (A) that serves covered individuals; and (B) (i) that is operated by a board of which the majority of members are covered individuals; (ii) that has an advisory panel of which the majority of members are covered individuals; or (iii) the majority of the employees of which are covered individuals. (9) Older individual The term older individual has the meaning given the term in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). (10) Partner academy The term partner academy , with respect to an eligible entity that receives a covered grant, means a law enforcement training academy with which the eligible entity partners to administer an initial training program, as described in section 5(b)(1). (11) Partner agency The term partner agency , with respect to an eligible entity that receives a covered grant, means the law enforcement agency with which the eligible entity partners, or that is a member of a consortium with which the eligible entity partners, to administer enhanced training programs to law enforcement officers of the agency on how to interact with covered individuals. (12) Refresher training program The term refresher training program means a training program offered to existing law enforcement officers under section 5(d)(1)(B). (13) Secretary The term Secretary means the Secretary of Health and Human Services. 5. Grant program (a) In general The Secretary shall award competitive grants to nonprofit disability organizations to administer enhanced training programs to law enforcement officers who may encounter or provide services to covered individuals. (b) Application An eligible entity seeking a covered grant shall submit to the Secretary an application that— (1) (A) identifies a law enforcement training academy with which the eligible entity will partner to administer an initial training program; and (B) includes a memorandum of understanding entered into between the eligible entity and the law enforcement training academy; (2) describes the training program curriculum, which shall include training on how to interact with, identify, approach, and communicate with covered individuals that is provided, as of the date of submission of the application— (A) by the partner academy to new law enforcement officers; or (B) by any partner agency to existing law enforcement officers; (3) describes the learning objectives of the training programs that the eligible entity will administer using the grant; (4) describes the activities that will be carried out under the grant; (5) includes a timeline of the activities described in paragraph (4); and (6) demonstrates expertise in training related to covered individuals. (c) Preferences In awarding covered grants, the Secretary shall ensure— (1) geographic diversity of grant recipients, including grant recipients that serve rural localities; and (2) that the training funded by the grant is provided to multiple levels of law enforcement agencies, including local, county, State, and Tribal agencies. (d) Use of funds (1) Mandatory uses An eligible entity that receives a covered grant shall use the grant funds to— (A) modify the training provided by the partner academy to new law enforcement officers of each partner agency so that the academy provides not fewer than 8 hours of training on topics such as how to interact with, identify, approach, and communicate with covered individuals and applicable Federal civil rights laws, including not fewer than 4 hours of interactive learning taught by covered individuals; and (B) develop and implement an enhanced training program for existing law enforcement officers of each partner agency on safe, effective, and respectful interactions with covered individuals— (i) that includes— (I) awareness of and education about covered individuals, including— (aa) individuals with mental health disabilities, including schizophrenia; (bb) individuals who are deaf, deaf-blind, hard of hearing, or blind, are autistic, or have other intellectual or developmental disabilities; (cc) older individuals with dementia or other cognitive impairments; and (dd) individuals with any other disabilities or chronic health condition; (II) escalation avoidance and de-escalation techniques to be used when interacting with covered individuals, including procedures a law enforcement officer should follow to ensure the health and safety of a covered individual; and (III) communication strategies to be used when interacting with covered individuals, including individuals who do not use speech to communicate; (ii) that utilizes— (I) instructors who are covered individuals; or (II) guest instructors or speakers who are covered individuals; and (iii) in which each law enforcement officer participates not less frequently than 4 hours every year. (2) Optional uses An eligible entity that receives a covered grant may use the grant funds to— (A) expand an existing training program regarding topics such as interacting with, identifying, approaching, and communicating with covered individuals that was provided to law enforcement officers by a nonprofit disability organization in conjunction with the partner academy or a partner agency before the eligible entity received the grant; (B) reimburse staff members of the eligible entity for mileage and travel time expended to attend an initial training program or refresher training program occurring in person or online; (C) develop a model of training that utilizes volunteer instructors, except that the eligible entity shall pay any instructor, including a guest instructor, who is a covered individual; (D) acquire a computer system or software needed for the training programs; or (E) support the paid participation of individuals with disabilities and their family members as advisors. (e) Supplement, not supplant An eligible entity that receives a covered grant shall use the grant funds to supplement, and not supplant, any funds that would, in the absence of the grant funds, be made available from a State, political subdivision of a State, or Indian Tribe for the activities described in subsection (d). (f) Advisory council (1) In general An eligible entity that receives a covered grant shall establish an advisory council composed of 15 members to advise the eligible entity on activities carried out using the grant. (2) Membership An advisory council established under paragraph (1) shall— (A) be composed of— (i) 1 representative of the eligible entity who is a covered individual and shall serve as chair of the advisory council; (ii) 1 representative of the State law enforcement training academy or law enforcement agency for the State that the eligible entity serves, who shall serve as vice chair of the advisory council; (iii) 3 representatives of community-based organizations that support individuals with disabilities, not fewer than 2 of whom have a disability; (iv) 2 representatives of community-based organizations that support older adults; (v) 2 State officials or their designees; (vi) 1 representative of an organization providing victim services; (vii) 1 representative of a State public safety agency; (viii) 3 members of the public with knowledge of individuals with disabilities and older adults with cognitive impairment, including not fewer than 2 self-advocates or family members of a covered individual; and (ix) 1 active local or State law enforcement officer representing a labor or representative organization; and (B) include a majority of representation from racial and ethnic minority communities. (3) Duties An advisory council established under paragraph (1) shall— (A) advise the eligible entity and provide general oversight of grant activities carried out by the eligible entity, including development of the training curriculum and implementation of the training programs; and (B) provide the advisory council with recommendations for the sustainability and expansion of the training programs, such as the development of a train-the-trainer model. (g) Annual report (1) Report to Secretary by eligible entities Not later than 1 year after receiving a covered grant, and each year thereafter for the duration of the grant period, an eligible entity that receives a covered grant shall submit the following information to the Secretary with respect to the preceding year: (A) The number of individuals who benefitted from the training programs provided by the eligible entity using grant funds, including— (i) the number of individuals who were trained through the training programs, including the total number of new law enforcement officers who participated in the initial training program and existing law enforcement officers who participated in the refresher training program; and (ii) the estimated number of individuals who were impacted by the training programs. (B) Demographic data, including age, sex, and race, for the law enforcement officers who received the training. (C) The number of partner agencies that participated in the training programs. (D) Each partner law enforcement agency, including the city and State in which the headquarters and each local office of the agency are located, and the result of that partnership. (E) Any recommendations for improving the grant program carried out under this Act. (2) Report to Congress and the Attorney General by the Secretary Not later than 2 years after the date of enactment of this Act, and each year thereafter, the Secretary shall submit a report on the grant program carried out under this Act, with respect to the preceding year, to— (A) the Attorney General; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Appropriations of the Senate; (D) the Special Committee on Aging of the Senate; (E) the Committee on the Judiciary of the House of Representatives; and (F) the Committee on Appropriations of the House of Representatives. (h) Evaluation (1) In general The Secretary shall use not more than 2 percent of the amounts made available under section 6 for administrative purposes and for an evaluation of the grant program carried out under this Act. (2) Independent evaluator The Secretary shall enter into a contract with a third-party entity that is unrelated to any recipient of a covered grant to carry out the evaluation under paragraph (1). (3) Contents In carrying out the evaluation under paragraph (1), the third-party entity contracted under paragraph (2) shall report to the Secretary and the Attorney General on— (A) the demographic characteristics of the population served by the training conducted by eligible entities using covered grants; and (B) any change in the occurrence of violence in the communities served by training described in subparagraph (A). 6. Authorization of appropriations There is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2025 to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1566is/xml/BILLS-117s1566is.xml |
117-s-1567 | II 117th CONGRESS 1st Session S. 1567 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Brown (for himself, Mr. Padilla , Ms. Baldwin , Mr. Markey , Mr. Van Hollen , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish direct care registered nurse-to-patient staffing ratio requirements in hospitals, and for other purposes.
1. Short title; table of contents; findings (a) Short title This Act may be cited as the Nurse Staffing Standards for Hospital Patient Safety and Quality Care Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; findings. Sec. 2. Minimum direct care registered nurse staffing requirement. Sec. 3. Enforcement of requirements through Federal programs. Sec. 4. Nurse workforce initiative. (c) Findings Congress finds the following: (1) The Federal Government has a substantial interest in promoting quality care and improving the delivery of health care services to patients in health care facilities in the United States. (2) Recent changes in health care delivery systems that have resulted in higher acuity levels among patients in health care facilities increase the need for improved quality measures in order to protect patient care and reduce the incidence of medical errors. (3) Inadequate and poorly monitored registered nurse staffing practices that result in too few registered nurses providing direct care jeopardize the delivery of quality health care services. (4) Numerous studies have shown that patient outcomes are directly correlated to direct care registered nurse staffing levels, including a 2010 Health Services Research study that concluded that implementation of minimum nurse-to-patient staffing ratios in California has led to improved patient outcomes and nurse retention and a 2014 Agency for Healthcare Research and Quality study that concluded increases in nurse staffing and skill mix lead to improved quality and reduced length of stay at no additional cost. (5) Requirements for direct care registered nurse staffing ratios will help address the registered nurse shortage in the United States by aiding in recruitment of new registered nurses and improving retention of registered nurses who are considering leaving direct patient care because of demands created by inadequate staffing. (6) Establishing adequate minimum direct care registered nurse-to-patient ratios that take into account patient acuity measures will improve the delivery of quality health care services and guarantee patient safety. (7) Establishing safe staffing standards for direct care registered nurses is a critical component of assuring that there is adequate hospital staffing at all levels to improve the delivery of quality care and protect patient safety. 2. Minimum direct care registered nurse staffing requirement (a) Minimum direct care registered nurse staffing requirements The Public Health Service Act ( 42 U.S.C. 201 et seq.) is amended by adding at the end the following new title: XXXIV MINIMUM DIRECT CARE REGISTERED NURSE STAFFING REQUIREMENT 3401. Minimum nurse staffing requirement (a) Staffing plan (1) In general A hospital shall implement a staffing plan that— (A) provides adequate, appropriate, and quality delivery of health care services and protects patient safety; and (B) is consistent with the requirements of this title. (2) Effective dates (A) Implementation of staffing plan Subject to subparagraph (B), the requirements under paragraph (1) shall take effect on a date to be determined by the Secretary, but not later than 1 year after the date of the enactment of this title. (B) Application of minimum direct care registered nurse-to-patient ratios The requirements under subsection (b) shall take effect as soon as practicable, as determined by the Secretary, but not later than— (i) 2 years after the date of enactment of this title; and (ii) in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act), 4 years after the date of enactment of this title. (b) Minimum direct care registered nurse-to-Patient ratios (1) In general Except as provided in paragraph (4) and other provisions of this section, a hospital’s staffing plan shall provide that, at all times during each shift within a unit of the hospital, and with a full complement of ancillary and support staff, a direct care registered nurse may be assigned to not more than the following number of patients in that unit: (A) One patient in trauma emergency units. (B) One patient in operating room units, provided that a minimum of 1 additional person serves as a scrub assistant in such unit. (C) Two patients in critical care units, including neonatal intensive care units, emergency critical care and intensive care units, labor and delivery units, coronary care units, acute respiratory care units, postanesthesia units, and burn units. (D) Three patients in emergency room units, pediatrics units, stepdown units, telemetry units, antepartum units, and combined labor, deliver, and postpartum units. (E) Four patients in medical-surgical units, intermediate care nursery units, acute care psychiatric units, and other specialty care units. (F) Five patients in rehabilitation units and skilled nursing units. (G) Six patients in postpartum (3 couplets) units and well-baby nursery units. (2) Similar units with different names The Secretary may apply minimum direct care registered nurse-to-patient ratios established in paragraph (1) for a hospital unit referred to in such paragraph to a type of hospital unit not referred to in such paragraph if such type of hospital unit provides a level of care to patients whose needs are similar to the needs of patients cared for in the hospital unit referred to in such paragraph. (3) Application of ratios to hospital nursing practice standards (A) In general A patient assignment may be included in the calculation of the direct care registered nurse-to-patient ratios required in this subsection only if care is provided by a direct care registered nurse and the provision of care to the particular patient is within that direct care registered nurse’s competence. (B) Demonstration of unit-specific competence A hospital shall not assign a direct care registered nurse to a hospital unit unless that hospital determines that the direct care registered nurse has demonstrated current competence in providing care in that unit, and has also received orientation to that hospital’s unit sufficient to provide competent care to patients in that unit. (C) Duties of the assigned direct care registered nurse Each patient shall be assigned to a direct care registered nurse who shall directly provide the assessment, planning, supervision, implementation, and evaluation of the nursing care provided to the patient at least every shift and has the responsibility for the provision of care to a particular patient within his or her scope of practice. (D) Nurse administrators and supervisors A registered nurse who is a nurse administrator, nurse supervisor, nurse manager, charge nurse, case manager, or any other hospital administrator or supervisor, shall not be included in the calculation of the direct care registered nurse-to-patient ratio unless that nurse has a current and active direct patient care assignment and provides direct patient care in compliance with the requirements of this section, including competency requirements. The exemption in this subsection shall apply only during the hours in which the individual registered nurse has the principal responsibility of providing direct patient care and has no additional job duties as would a direct care registered nurse. (E) Other personnel Other personnel may perform patient care tasks based on their training and demonstrated skill but may not perform or assist in direct care registered nurse functions unless authorized to do in accordance with State scope of practice laws and regulations. (F) Temporary nursing personnel A hospital shall not assign any nursing personnel from temporary nursing agencies patient care to any hospital unit without such personnel having demonstrated competence on the assigned unit and received orientation to that hospital’s unit sufficient to provide competent care to patients in that unit. (G) Ancillary and additional staffing The need for additional staffing of direct care registered nurses, licensed vocational or practical nurses, licensed psychiatric technicians, certified nursing or patient care assistants, or other licensed or unlicensed ancillary staff above the minimum registered nurse-to-patient ratios shall be based on the assessment of the individual patient’s nursing care requirement, the individual patient’s nursing care plan, and acuity level. (4) Restrictions (A) Prohibition against averaging A hospital shall not average the number of patients and the total number of direct care registered nurses assigned to patients in a hospital unit during any 1 shift or over any period of time for purposes of meeting the requirements under this subsection. (B) Prohibition against imposition of mandatory overtime requirements A hospital shall not impose mandatory overtime requirements to meet the hospital unit direct care registered nurse-to-patient ratios required under this subsection. (C) Relief during routine absences A hospital shall ensure that only a direct care registered nurse who has demonstrated current competence to the hospital in providing care on a particular unit and has also received orientation to that hospital’s unit sufficient to provide competent care to patients in that unit may relieve another direct care registered nurse during breaks, meals, and other routine, expected absences from a hospital unit. (D) Application of direct care registered nurse-to-patient ratios in patient-acuity adjustable units Patients shall be cared for only on units or patient care areas where the direct care registered nurse-to-patient ratios meet the level of intensity, type of care, and the individual requirements and needs of each patient. Notwithstanding paragraph (2), hospitals that provide patient care in units or patient care areas that are acuity adaptable or acuity adjustable shall apply the direct care registered nurse-to-patient ratio required in this section for the highest patient acuity level or level of care in that unit or patient care area, and shall comply with all other requirements of this section. (E) Use of video monitors A hospital shall not employ video monitors or any form of electronic visualization of a patient as a substitute for the direct observation required for patient assessment by the direct care registered nurse or required for patient protection. Video monitors or any form of electronic visualization of a patient shall not be included in the calculation of the direct care registered nurse-to-patient ratio required in this subsection and shall not replace the requirement of paragraph (3)(D) that each patient shall be assigned to a direct care registered nurse who shall directly provide the assessment, planning, supervision, implementation, and evaluation of the nursing care provided to the patient at least every shift and have the responsibility for the provision of care to a particular patient within his or her scope of practice. (F) Use of other technology A hospital shall not employ technology that substitutes for the assigned registered nurse’s professional judgment in assessment, planning, implementation, and evaluation of care. (5) Adjustment of ratios (A) In general If necessary to protect patient safety, the Secretary may prescribe regulations that— (i) increase minimum direct care registered nurse-to-patient ratios under this subsection to reduce the number of patients that may be assigned to each direct care nurse; or (ii) add minimum direct care registered nurse-to-patient ratios for units not referred to in paragraphs (1) and (2). (B) Consultation Such regulations shall be prescribed after consultation with affected hospitals and registered nurses. (6) Ancillary and additional staffing (A) In general The Secretary may prescribe regulations requiring additional staffing of direct care registered nurses, licensed vocational or practice nurses, licensed psychiatric technicians, certified nursing or patient care assistants, or other licensed or unlicensed ancillary staff above the minimum registered nurse-to-patient ratios that is based on the assessment of the individual patient’s nursing care needs, the individual patient’s nursing care plan, and acuity level. (B) Consultation Such regulations shall be prescribed after consultation with affected hospitals, registered nurses, and ancillary staff. (7) Relationship to state-imposed ratios Nothing in this title shall preempt State standards that the Secretary determines to be as stringent as Federal requirements for a staffing plan established under this title. Minimum direct care registered nurse-to-patient ratios established under this subsection shall not preempt State requirements that the Secretary determines are as stringent as to Federal requirements for direct care registered nurse-to-patient ratios established under this title. (8) Exemption in emergencies The requirements established under this subsection shall not apply during a state of emergency if a hospital is requested or expected to provide an exceptional level of emergency or other medical services. If a hospital seeks to apply the exemption under this paragraph in response to a complaint filed against the hospital for a violation of the provisions of this title, the hospital must demonstrate that prompt and diligent efforts were made to maintain required staffing levels. The Secretary shall issue guidance to hospitals that describes situations that constitute a state of emergency for purposes of the exemption under this paragraph and shall establish necessary penalties for violations of this paragraph consistent with section 3406. (c) Development and reevaluation of staffing plan (1) Considerations in development of plan In developing the staffing plan, a hospital shall provide for direct care registered nurse-to-patient ratios above the minimum direct care registered nurse-to-patient ratios required under subsection (b) if appropriate based upon consideration of, at minimum, the following factors: (A) The number of patients on a particular unit on a shift-by-shift basis. (B) The acuity level and nursing care plan of patients on a particular unit on a shift-by-shift basis. (C) The anticipated admissions, discharges, and transfers of patients during each shift that impacts direct patient care. (D) Specialized experience required of direct care registered nurses on a particular unit. (E) Staffing levels and services provided by licensed vocational or practical nurses, licensed psychiatric technicians, certified nurse assistants, or other ancillary staff in meeting direct patient care needs not required by a direct care registered nurse. (F) The level of familiarity with hospital practices, policies, and procedures by temporary agency direct care registered nurses used during a shift. (G) Obstacles to efficiency in the delivery of patient care presented by physical layout. (2) Documentation of staffing A hospital shall specify the system used to document actual staffing in each unit for each shift. (3) Annual reevaluation of plan (A) In general A hospital shall annually evaluate its staffing plan in each unit in relation to actual patient care requirements. (B) Update A hospital shall update its staffing plan to the extent appropriate based on such evaluation. (4) Transparency (A) In general Any staffing plan or method used to create and evaluate acuity-level and adopted by a hospital under this section shall be transparent in all respects, including disclosure of detailed documentation of the methodology used to determine nursing staffing, identifying each factor, assumption, and value used in applying such methodology. (B) Public availability The Secretary shall establish procedures to provide that the documentation submitted under subsection (d) is available for public inspection in its entirety. (5) Registered nurse participation A staffing plan of a hospital— (A) shall be developed and subsequent reevaluations shall be conducted under this subsection on the basis of input from direct care registered nurses at the hospital from each unit or patient care area; and (B) where such nurses are represented through collective bargaining, shall require bargaining with the applicable recognized or certified collective bargaining representative of such nurses. Nothing in this title shall be construed to permit conduct prohibited under the National Labor Relations Act ( 29 U.S.C. 151 et seq.) or chapter 71 of title 5, United States Code. (6) Staffing committees If a hospital maintains a staffing committee, then the committee shall include at least one registered nurse from each hospital unit and shall be composed of at least 50 percent direct care registered nurses. The staffing committee shall include meaningful representation of other direct care nonmanagement staff. Direct care registered nurses who serve on the committee shall be selected by other direct care registered nurses from their unit. Other direct care nonmanagement staff shall be selected by other direct care nonmanagement staff. Participation on staffing committees shall be considered a part of the employee’s regularly scheduled workweek. (d) Submission of plan to secretary A hospital shall submit to the Secretary its staffing plan and any annual updates under subsection (c)(3)(B). A federally operated hospital may submit its staffing plan through the department or agency operating the hospital. 3402. Posting, records, and audits (a) Posting requirements In each unit, a hospital shall post a uniform notice in a form specified by the Secretary in regulation that— (1) explains requirements imposed under section 3401; (2) includes actual direct care registered nurse-to-patient ratios during each shift; (3) includes the actual number and titles of direct care registered nurses assigned during each shift; and (4) is visible, conspicuous, and accessible to staff, patients, and the public. (b) Records (1) Maintenance of records Each hospital shall maintain accurate records of actual direct care registered nurse-to-patient ratios in each unit for each shift for no less than 3 years. Such records shall include— (A) the number of patients in each unit; (B) the identity and duty hours of— (i) each direct care registered nurse assigned to each patient in each unit in each shift; and (ii) ancillary staff who are under the coordination of the direct care registered nurse; (C) certification that each nurse received rest and meal breaks and the identity and duty hours of each direct care registered nurse who provided such relief; and (D) a copy of each notice posted under subsection (a). (2) Availability of records Each hospital shall make its records maintained under paragraph (1) available to— (A) the Secretary; (B) registered nurses and their collective bargaining representatives (if any); and (C) the public under regulations established by the Secretary, or in the case of a federally operated hospital, under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act). (c) Audits The Secretary shall conduct periodic audits to ensure— (1) implementation of the staffing plan in accordance with this title; and (2) accuracy in records maintained under this section. 3403. Minimum direct care licensed practical nurse staffing requirements (a) Establishment A hospital’s staffing plan shall comply with minimum direct care licensed practical nurse staffing requirements that the Secretary establishes for units in hospitals. Such staffing requirements shall be established not later than 18 months after the date of the enactment of this title, and shall be based on the study conducted under subsection (b). (b) Study Not later than 1 year after the date of the enactment of this title, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall complete a study of licensed practical nurse staffing and its effects on patient care in hospitals. The Director may contract with a qualified entity or organization to carry out such study under this paragraph. The Director shall consult with licensed practical nurses and organizations representing licensed practical nurses regarding the design and conduct of the study. (c) Application of registered nurse provisions to licensed practical nurse staffing requirements Paragraphs (2), (4)(A), (4)(B), (4)(C), and (6) of section 3401(b), paragraphs (1), (2), (3), and (4) of section 3401(c), and section 3402 shall apply to the establishment and application of direct care licensed practical nurse staffing requirements under this section pursuant to the additional staffing requirements under subsection (b)(3)(G) of section 3401 and in the same manner that they apply to the establishment and application of direct care registered nurse-to-patient ratios under sections 3401 and 3402. (d) Effective date The requirements of this section shall take effect as soon as practicable, as determined by the Secretary, but not later than— (1) 2 years after the date of the enactment of this title; and (2) in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act), 4 years after the date of the enactment of this title. (e) Study Not later than 1 year after the date of the enactment of this title, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality shall complete a study of registered and practical nurse staffing requirements in clinics and other outpatient settings, and its effects on patient care in outpatient settings. The Director may contract with a qualified entity or organization to carry out such study under this subsection. The Director shall consult with registered nurses and licensed practice nurses working in outpatient settings, including professional nursing associations and labor organizations representing both registered and practice nurses working in outpatient settings regarding the design and conduct of the study. 3404. Adjustment in reimbursement (a) Medicare reimbursement The Secretary shall adjust payments made to hospitals (other than federally operated hospitals) under title XVIII of the Social Security Act in an amount equal to the net amount of additional costs incurred in providing services to Medicare beneficiaries that are attributable to compliance with requirements imposed under sections 3401 through 3403. The amount of such payment adjustments shall take into account recommendations contained in the report submitted by the Medicare Payment Advisory Commission under subsection (c). (b) Authorization of appropriation for federally operated hospitals There are authorized to be appropriated such additional sums as are required for federally operated hospitals to comply with the additional requirements established under sections 3401 through 3403. (c) MedPAC report Not later than 2 years after the date of the enactment of this title, the Medicare Payment Advisory Commission (established under section 1805 of the Social Security Act) shall submit to Congress and the Secretary a report estimating total costs and savings attributable to compliance with requirements imposed under sections 3401 through 3403. Such report shall include recommendations on the need, if any, to adjust reimbursement for Medicare payments under subsection (a). 3405. Whistleblower and patient protections (a) Professional obligation and rights All nurses have a duty and right to act based on their professional judgment in accordance with State nursing laws and regulations of the State in which the direct nursing care is being performed and to provide care in the exclusive interests of the patients and to act as the patient’s advocate. (b) Acceptance of patient care assignments The nurse is responsible for providing competent, safe, therapeutic, and effective nursing care to assigned patients. Before accepting a patient assignment, a nurse shall— (1) have the necessary professional knowledge, judgment, skills, and ability to provide the required care; (2) determine using professional judgment in accordance with State nursing laws and regulations of the State in which the direct nursing care is being performed whether the nurse is competent to perform the nursing care required; and (3) determine whether acceptance of a patient assignment would expose the patient or nurse to risk of harm. (c) Objection to or refusal of assignment A nurse may object to, or refuse to participate in, any activity, policy, practice, assignment, or task if in good faith— (1) the nurse reasonably believes it to be in violation of section 3401 or 3403; or (2) the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse. (d) Retaliation for objection to or refusal of assignment barred (1) No discharge, discrimination, or retaliation No hospital shall discharge, retaliate, discriminate, or otherwise take adverse action in any manner with respect to any aspect of a nurse’s employment (as defined in section 3407), including discharge, promotion, compensation, or terms, conditions, or privileges of employment, based on the nurse’s refusal of a work assignment under subsection (c). (2) No filing of complaint No hospital shall file a complaint or a report against a nurse with a State professional disciplinary agency because of the nurse’s refusal of a work assignment under subsection (c). (e) Cause of action Any nurse, collective bargaining representative, or legal representative of any nurse who has been discharged, discriminated against, or retaliated against in violation of subsection (d)(1) or against whom a complaint or report has been filed in violation of subsection (d)(2) may (without regard to whether a complaint has been filed under subsection (f) of this section or subsection (b) of section 3406) bring a cause of action in a United States district court. A nurse who prevails on the cause of action shall be entitled to one or more of the following: (1) Reinstatement. (2) Reimbursement of lost wages, compensation, and benefits. (3) Attorneys’ fees. (4) Court costs. (5) Other damages. (f) Complaint to secretary A nurse, patient, collective bargaining representative, or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title. For any complaint filed, the Secretary shall— (1) receive and investigate the complaint; (2) determine whether a violation of this title as alleged in the complaint has occurred; and (3) if such a violation has occurred, issue an order that the complaining nurse or individual shall not suffer any discharge, retaliation, discrimination, or other adverse action prohibited by subsection (d) or subsection (h). (g) Toll-Free telephone number (1) In general The Secretary shall provide for the establishment of a toll-free telephone hotline to provide information regarding the requirements under section 3401 through 3403 and to receive reports of violations of such section. (2) Notice to patients A hospital shall provide each patient admitted to the hospital for inpatient care with the hotline described in paragraph (1), and shall give notice to each patient that such hotline may be used to report inadequate staffing or care. (h) Protection for reporting (1) Prohibition on retaliation or discrimination A hospital shall not discriminate or retaliate in any manner against any patient, employee, or contract employee of the hospital, or any other individual, on the basis that such individual, in good faith, individually or in conjunction with another person or persons, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any governmental entity, regulatory agency, or private accreditation body, made a civil claim or demand, or filed an action relating to the care, services, or conditions of the hospital or of any affiliated or related facilities. (2) Good faith defined For purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes— (A) the information reported or disclosed is true; and (B) a violation of this title has occurred or may occur. (i) Prohibition on interference with rights (1) Exercise of rights It shall be unlawful for any hospital to— (A) interfere with, restrain, or deny the exercise, or attempt to exercise, by any person of any right provided or protected under this title; or (B) coerce or intimidate any person regarding the exercise or attempt to exercise such right. (2) Opposition to unlawful policies or practices It shall be unlawful for any hospital to discriminate or retaliate against any person for opposing any hospital policy, practice, or actions which are alleged to violate, breach, or fail to comply with any provision of this title. (3) Prohibition on interference with protected communications A hospital (or an individual representing a hospital) shall not make, adopt, or enforce any rule, regulation, policy, or practice which in any manner directly or indirectly prohibits, impedes, or discourages a direct care nurse from, or intimidates, coerces, or induces a direct care nurse regarding, engaging in free speech activities or disclosing information as provided under this title. (4) Prohibition on interference with collective action A hospital (or an individual representing a hospital) shall not in any way interfere with the rights of nurses to organize, bargain collectively, and engage in concerted activity under section 7 of the National Labor Relations Act ( 29 U.S.C. 157 ). (j) Notice A hospital shall post in an appropriate location in each unit a conspicuous notice in a form specified by the Secretary that— (1) explains the rights of nurses, patients, and other individuals under this section; (2) includes a statement that a nurse, patient, or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title; and (3) provides instructions on how to file such a complaint. (k) Effective date (1) Refusal; retaliation; cause of action (A) In general Subsections (c) through (e) shall apply to objections and refusals occurring on or after the effective date of the provision of this title to which the objection or refusal relates. (B) Exception Subsection (c)(2) shall not apply to objections or refusals in any hospital before the requirements of section 3401(a) or 3403(a), as applicable, apply to that hospital. (2) Protections for reporting Subsection (h)(1) shall apply to actions occurring on or after the effective date of the provision to which the violation relates, except that such subsection shall apply to initiation, cooperation, or participation in an investigation or proceeding on or after the date of enactment of this title. (3) Notice Subsection (j) shall take effect 18 months after the date of enactment of this title. 3406. Enforcement (a) In general The Secretary shall enforce the requirements and prohibitions of this title in accordance with this section. (b) Procedures for receiving and investigating complaints The Secretary shall establish procedures under which— (1) any person may file a complaint alleging that a hospital has violated a requirement or a prohibition of this title; and (2) such complaints shall be investigated by the Secretary. (c) Remedies If the Secretary determines that a hospital has violated a requirement of this title, the Secretary— (1) shall require the facility to establish a corrective action plan to prevent the recurrence of such violation; and (2) may impose civil money penalties, as described in subsection (d). (d) Civil penalties (1) In general In addition to any other penalties prescribed by law, the Secretary may impose civil penalties as follows: (A) Hospital liability The Secretary may impose on a hospital found to be in violation of this title a civil money penalty of— (i) not more than $25,000 for the first knowing violation of this title by such hospital; and (ii) not more than $50,000 for any subsequent knowing violation of this title by such hospital. (B) Individual liability The Secretary may impose on an individual who— (i) is employed by a hospital found by the Secretary to have violated this title; and (ii) knowingly violates this title, a civil money penalty of not more than $20,000 for each such violation by the individual. (2) Procedures The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply with respect to a civil money penalty or proceeding under this subsection in the same manner as such provisions apply with respect to a civil money penalty or proceeding under such section 1128A. (e) Public notice of violations (1) Internet website The Secretary shall publish on the internet website of the Department of Health and Human Services the names of hospitals on which a civil money penalty has been imposed under this section, the violation for which such penalty was imposed, and such additional information as the Secretary determines appropriate. (2) Change of ownership With respect to a hospital that had a change of ownership, as determined by the Secretary, penalties imposed on the hospital while under previous ownership shall no longer be published by the Secretary pursuant to paragraph (1) after the 1-year period beginning on the date of change of ownership. (f) Use of funds Funds collected by the Secretary pursuant to this section are authorized to be appropriated to carry out this title. 3407. Definitions For purposes of this title: (1) Acuity level The term acuity level means the determination, using a hospital acuity measurement tool that has been developed and established in coordination with direct care registered nurses and made transparent pursuant to section 3401(c)(4), of nursing care requirements, based on the assigned direct care registered nurse’s professional judgment of— (A) the severity and complexity of an individual patient’s illness or injury; (B) the need for specialized equipment; and (C) the intensity of nursing interventions required. (2) Competence The term competence or competent means the satisfactory application of the duties and responsibilities of a registered nurse in providing nursing care to specific patient populations and for acuity levels for each patient care unit or area pursuant to the State nursing laws and regulations of the State in which the direct nursing care is being performed. (3) Direct care licensed practical nurse The term direct care licensed practical nurse means an individual who has been granted a license by at least one State to practice as a licensed practical nurse or a licensed vocational nurse and who provides bedside care for one or more patients. (4) Direct care registered nurse The term direct care registered nurse means an individual who has been granted a license by at least one State to practice as a registered nurse and who provides bedside care for one or more patients. (5) Employment The term employment includes the provision of services under a contract or other arrangement. (6) Hospital The term hospital has the meaning given that term in section 1861(e) of the Social Security Act, and includes a hospital that is operated by the Department of Veterans Affairs, the Department of Defense, the Indian Health Services Program, or any other department or agency of the United States. (7) Nurse The term nurse means any direct care registered nurse or direct care licensed practice nurse (as the case may be), regardless of whether or not the nurse is an employee. (8) Nursing care plan The term nursing care plan means a plan developed by the assigned direct care registered nurse (in accordance with nursing law in the State in which the nursing care is performed) that indicates the nursing care to be given to individual patients that— (A) considers the acuity level of the patient; (B) is developed in coordination with the patient, the patient’s family, or other representatives when appropriate, and staff of other disciplines involved in the care of the patient; (C) reflects all elements of the nursing process; and (D) recommends the number and skill mix of additional licensed and unlicensed direct care staff needed to fully implement the nursing care plan. (9) Professional judgment The term professional judgment means, in accordance with State nursing laws and regulations of the State in which the direct nursing care is being performed, the direct care registered nurse’s application of knowledge, expertise, and experience in conducting a comprehensive nursing assessment of each patient and in making independent decisions about patient care including the need for additional staff. (10) Staffing plan The term staffing plan means a staffing plan required under section 3401. (11) State of emergency The term state of emergency — (A) means a state of emergency that is an unpredictable or unavoidable occurrence at an unscheduled or unpredictable interval, relating to health care delivery and requiring immediate medical interventions and care; and (B) does not include a state of emergency that results from a labor dispute in the health care industry or consistent understaffing. 3408. Rule of construction Nothing in this title shall be construed to authorize disclosure of private and confidential patient information, if such disclosure is not authorized or required by other applicable law. . (b) Recommendations to congress Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing recommendations for ensuring that sufficient numbers of nurses are available to meet the requirements imposed by title XXXIV of the Public Health Service Act, as added by subsection (a). (c) Report by HRSA (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration, in consultation with the National Health Care Workforce Commission, shall submit to Congress a report regarding the relationship between nurse staffing levels and nurse retention in hospitals. (2) Updated report Not later than 5 years after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration, in consultation with the National Health Care Workforce Commission, shall submit to Congress an update of the report submitted under paragraph (1). 3. Enforcement of requirements through Federal programs (a) Medicare program Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraph (X), by striking , and and inserting a comma; (2) in subparagraph (Y), by striking the period at the end and inserting , and ; and (3) by inserting after the subparagraph (Y) the following new subparagraph: (Z) in the case of a hospital, to comply with the provisions of title XXXIV of the Public Health Service Act. . (b) Medicaid program Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (1) by striking and at the end of paragraph (85); (2) by striking the period at the end of paragraph (86) and inserting ; and ; and (3) by inserting after paragraph (86) the following new paragraph: (87) provide that any hospital that receives a payment under such plan comply with the provisions of title XXXIV of the Public Health Service Act (relating to minimum direct care registered nurse staffing requirements). . (c) Health benefits program of the department of veterans affairs Section 8110(a) of title 38, United States Code, is amended by adding at the end the following new paragraphs: (7) In the case of a Department medical facility that is a hospital, the hospital shall comply with the provisions of title XXXIV of the Public Health Service Act. (8) Nothing either in chapter 74 of this title or in section 7106 of title 5 shall preclude enforcement of the provisions of title XXXIV of the Public Health Service Act with respect to a Department hospital through grievance procedures negotiated in accordance with chapter 71 of title 5. . (d) Health benefits program of the department of defense (1) In general Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: 1110c. Staffing requirements In the case of a facility of the uniformed services that is a hospital, the hospital shall comply with the provisions of title XXXIV of the Public Health Service Act. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1110b the following new item: 1110c. Staffing requirements. . (e) Indian health services program Title VIII of the Indian Health Care Improvement Act ( 25 U.S.C. 1671 et seq.) is amended by adding at the end the following new section: 833. Staffing requirements All hospitals of the Service shall comply with the provisions of title XXXIV of the Public Health Service Act (relating to minimum direct care registered nurse staffing requirements). . (f) Federal labor-Management relations (1) In general Section 7106 of title 5, United States Code, is amended by adding at the end the following: (c) Nothing in this section shall preclude enforcement of the provisions of title XXXIV of the Public Health Service Act through grievance procedures negotiated in accordance with section 7121. . (2) Conforming amendment Section 7106(a) of title 5, United States Code, is amended by striking Subject to subsection (b) of this title, and inserting Subject to subsections (b) and (c), . 4. Nurse workforce initiative (a) Scholarship and stipend program Section 846(d) of the Public Health Service Act ( 42 U.S.C. 297n(d) ) is amended— (1) in the section heading, by inserting and Stipend after Scholarship ; and (2) in paragraph (1), by inserting or stipends after scholarships . (b) Nurse retention grants Section 831A(b) of the Public Health Service Act ( 42 U.S.C. 296p–1(b) ) is amended— (1) by striking Grants for Career Ladder Program .— and inserting Grants for Nurse Retention .— ; (2) in paragraph (2), by striking ; or and inserting a semicolon; (3) in paragraph (3), by striking the period and inserting a semicolon; and (4) by adding at the end the following: (4) to provide additional support to nurses entering the workforce by implementing nursing preceptorship projects that establish a period of practical and clinical experiences and training for nursing students, newly hired nurses, and recent graduates of a direct care degree program for registered nurses; or (5) to implement mentorship projects that assist new or transitional direct care registered nurses in adapting to the hospital setting. . | https://www.govinfo.gov/content/pkg/BILLS-117s1567is/xml/BILLS-117s1567is.xml |
117-s-1568 | II 117th CONGRESS 1st Session S. 1568 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Brown (for himself, Mrs. Capito , Mr. Menendez , Mr. Portman , and Ms. Duckworth ) 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 a waiver of the cap on annual payments for nursing and allied health education payments.
1. Short title This Act may be cited as the Technical Reset to Advance the Instruction of Nurses Act or the TRAIN Act . 2. Waiver of cap on annual payments for nursing and allied health education payments (a) In general Section 1886(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1395ww(l)(2)(B) ) is amended— (1) by striking payments .—Such ratio and inserting “ payments .— (i) In general Subject to clause (ii), such ratio ; and (2) by adding at the end the following new clause: (ii) Exception to annual limitation for each of 2010 through 2019 For each of 2010 through 2019, the limitation under clause (i) on the total amount of additional payments for nursing and allied health education to be distributed to hospitals under this subsection for portions of cost reporting periods occurring in the year shall not apply to such payments made in such year. . (b) No affect on payments for direct graduate medical education Section 1886(h)(3)(D)(iii) of the Social Security Act ( 42 U.S.C. 1395ww(h)(3)(D)(iii) ) is amended by adding at the end the following sentence: In applying the preceding sentence for each of 2010 through 2019, the Secretary shall not take into account any increase in the total amount of such additional payment amounts for such nursing and allied health education for portions of cost reporting periods occurring in the year pursuant to the application of paragraph (2)(B)(ii) of such subsection. . (c) Retroactive application The amendments made by this section shall apply to payments made for portions of cost reporting periods occurring in 2010 and subsequent years. | https://www.govinfo.gov/content/pkg/BILLS-117s1568is/xml/BILLS-117s1568is.xml |
117-s-1569 | II 117th CONGRESS 1st Session S. 1569 IN THE SENATE OF THE UNITED STATES May 11, 2021 Ms. Warren (for herself, Mr. Murphy , Mr. Padilla , Mr. Sanders , Mrs. Gillibrand , Mr. Van Hollen , Mr. Durbin , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, establish college student food insecurity demonstration programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Student Food Security Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Student eligibility for nutrition assistance programs Sec. 101. Eligibility of students to participate in the supplemental nutrition assistance program. Sec. 102. Communication of information on student eligibility for nutrition assistance programs. Sec. 103. Demonstration program. Sec. 104. Effective date. TITLE II—Reducing student food insecurity Sec. 201. Data sharing. Sec. 202. Questions on food and housing insecurity in national postsecondary student aid study. Sec. 203. Grants to address student basic needs. I Student eligibility for nutrition assistance programs 101. Eligibility of students to participate in the supplemental nutrition assistance program (a) Definition of household Section 3(m)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(m)(4) ) is amended— (1) by striking (4) In no event and inserting the following: (4) Institution or boarding house (A) In general Except as provided in subparagraph (B), in no event ; and (2) by adding at the end the following: (B) Students An individual (including any dependents of the individual) may constitute a household if the individual is a student and resident of an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )). . (b) Eligibility of students Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended— (1) in the section heading, by inserting qualifications and after Eligibility ; (2) in subsection (d)(2)(C)— (A) by inserting who is after student ; and (B) by striking (except and all that follows through section) and inserting and meets the requirements for eligibility under subsection (e) ; and (3) in subsection (e)— (A) in paragraph (3)— (i) in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; and (ii) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately; (B) in paragraph (5), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (C) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and indenting appropriately; (D) in subparagraph (D) (as so redesignated), by striking 20 and inserting 10 ; (E) in subparagraph (E)(ii) (as so redesignated), by striking paragraph (4) and inserting subparagraph (D) ; (F) in subparagraph (G) (as so redesignated), by striking or at the end after the semicolon; (G) in subparagraph (H) (as so redesignated), by striking the period at the end and inserting a semicolon; (H) in the matter preceding subparagraph (A) (as so redesignated), by striking (e) No individual and all that follows through individual— and inserting the following: (e) Qualifications for students A student enrolled in any recognized school, training program, or institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) shall be eligible to participate in the supplemental nutrition assistance program if— (1) the student satisfies the other requirements of this section; and (2) the student— ; and (I) in paragraph (2) (as so designated), by adding at the end the following: (I) is eligible to participate in a State or federally financed work study program, including the program authorized under part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51 et seq.); (J) (i) is not an independent student (as defined in section 480(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(d) )); and (ii) (I) has an expected family contribution or student aid index of not more than $0, as determined in accordance with part F of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087kk et seq.); or (II) meets the financial eligibility criteria for receiving a maximum Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq.)— (aa) regardless of whether the student has completed the Free Application for Federal Student Aid described in section 483 of that Act ( 20 U.S.C. 1090 ); and (bb) as determined by a State using the income of the student, as determined under— (AA) the supplemental nutrition assistance program or another Federal or State means-tested program; or (BB) another reasonable simplifying assumption; or (K) (i) is an independent student (as defined in section 480(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(d) )); and (ii) is a member of a household otherwise eligible to participate in the supplemental nutrition assistance program. . (c) Conforming amendments Section 6(d)(2)(C) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(2)(C) ) is amended— (1) by striking half time and inserting half-time ; and (2) by inserting (as determined by the school, training program, or institution of higher education, as applicable) before (except . 102. Communication of information on student eligibility for nutrition assistance programs (a) Definitions In this section: (1) College student The term college student means a student enrolled in an institution of higher education. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (3) Program The term program means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.). (4) Secretary The term Secretary means the Secretary of Agriculture. (b) Strategies report Not later than 180 days after the effective date of this title, the Secretary shall submit to Congress a report that describes the strategy to be used by the Secretary— (1) to increase the awareness of State agencies and institutions of higher education about— (A) college student food insecurity; (B) the eligibility of college students for the program; and (C) the procedures and resources available to college students who are not participating in the program to access benefits under the program; (2) to identify— (A) existing or potential informational, educational, policy, and psychological barriers to enrolling in the program and barriers to complying with program requirements; (B) mitigation strategies with respect to those barriers; and (C) opportunities for collaboration with the Department of Education and other relevant Federal agencies; and (3) to update the State Outreach Plan Guidance under subsection (c). (c) Updated State Outreach Plan Guidance Not later than 90 days after the Secretary submits to Congress a report under subsection (b), the Secretary shall publish an updated State Outreach Plan Guidance that— (1) describes existing data on college student food insecurity; (2) describes the manner in which college students can access the supplemental nutrition assistance program; (3) recommends outreach activities to address college student food insecurity and encourages States to conduct those and other outreach activities; (4) provides a template for a State to submit information to the Secretary describing the outreach activities being carried out by the State to address college student food insecurity; and (5) contains updated guidance based on the contents of that report. 103. Demonstration program Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended by adding at the end the following: (o) College student food insecurity demonstration program (1) Definitions In this subsection: (A) College student The term college student means a student enrolled in an institution of higher education. (B) Demonstration program The term demonstration program means the demonstration program established under paragraph (2). (C) Institution of higher education The term institution of higher education — (i) has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); and (ii) includes a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )). (2) Demonstration program Pursuant to subsection (b), the Secretary, in collaboration with the Secretary of Education, shall establish a demonstration program under which the Secretary shall carry out demonstration projects in accordance with paragraph (3)— (A) to decrease student food insecurity at institutions of higher education; and (B) to reduce barriers to college students fully utilizing supplemental nutrition assistance program benefits at institutions of higher education. (3) Demonstration projects To carry out the demonstration program, the Secretary shall carry out demonstration projects that test the following new supplemental nutrition assistance program delivery methods: (A) Allowing a college student receiving supplemental nutrition assistance program benefits— (i) to use those benefits to purchase prepared foods from a campus dining hall, on-campus store, or other on-campus merchant or provider that typically sells prepared meals and participates in the student meal program at the institution of higher education at which the student is enrolled; and (ii) to be exempt from requirements to purchase a campus meal plan as part of the attendance of the college student at the institution of higher education. (B) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in subparagraph (A)(i) or a retailer authorized under section 9. (4) Project limit (A) In general The Secretary shall carry out not more than 10 demonstration projects under the demonstration program simultaneously. (B) Institutions The Secretary shall carry out not more than 1 demonstration project under the demonstration program at any single institution of higher education. (5) Priority In selecting an institution of higher education at which to carry out a demonstration project, the Secretary shall give priority to an institution of higher education— (A) at which not less than 25 percent of enrolled students are students that are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq.); or (B) that is described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (6) Project administration (A) In general The Secretary shall establish criteria and parameters for selecting, operating, monitoring, and terminating each demonstration project under the demonstration program. (B) Prices charged The Secretary shall ensure that prices charged by food providers participating in a demonstration project under the demonstration program are comparable to prices charged by those food providers prior to participation. (7) Project termination To the maximum extent practicable, the Secretary shall ensure that the termination of a demonstration project under the demonstration program shall not cause sudden adverse changes, including a reduction of institutional financial aid or the elimination of benefits under the supplemental nutrition assistance program, for students participating in the demonstration project. (8) Program termination The demonstration program shall terminate on the date that is 10 years after the date on which the demonstration program is established. (9) Evaluation For the duration of the demonstration program, the Secretary shall, in collaboration with the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the demonstration program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes, which include reduction in food insecurity and improved academic performance. (10) Report For the duration of the demonstration program, the Secretary shall submit to the Committees on Agriculture, Nutrition, and Forestry and Health, Education, Labor, and Pensions of the Senate and the Committees on Agriculture and Education and Labor of the House of Representatives an annual report that includes— (A) a description of each demonstration project carried out under the demonstration program during the year covered by the report; (B) the evaluation conducted under paragraph (9); and (C) recommendations for legislation to improve the supplemental nutrition assistance program to better serve college students. (11) Waiver and modification authority (A) In general Subject to subparagraph (B), the Secretary may, as may be necessary solely to carry out the demonstration program— (i) waive any provision under this Act, including— (I) the requirement relating to local sales tax under section 4(a); (II) requirements relating to the issuance and use of supplemental nutrition assistance program benefits under section 7; and (III) requirements for approval of retail food stores under section 9; and (ii) modify the definitions under this Act for the purposes of the demonstration program, including the definition of— (I) the term food under section 3(k); (II) the term household under section 3(m); and (III) the term retail food store under section 3(o). (B) Limitation The Secretary may not waive a provision or modify a definition under subparagraph (A) if the waiver or modification will— (i) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or (ii) reduce the value of those benefits for any household. (12) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection. . 104. Effective date This title and the amendments made by this title shall take effect on the date that is 180 days after the date of enactment of this Act. II Reducing student food insecurity 201. Data sharing (a) Agreement Not later than 90 days after the date of enactment of this Act, the Secretary of Education, in coordination with the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of the Treasury, and the head of any other applicable Federal or State agency, shall develop and implement an agreement to— (1) securely share data among the respective Federal agencies of such Secretaries in order to, notwithstanding section 483(a)(3)(E) of the Higher Education Act of 1965 ( 20 U.S.C. 1090(a)(3)(E) ), identify students who have applied for Federal financial aid and who are enrolled at institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) who may be eligible for federally funded programs to support basic needs through— (A) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.), a nutrition assistance program carried out under section 19 of such Act ( 7 U.S.C. 2028 ), or a nutrition assistance program carried out by the Secretary of Agriculture in the Northern Mariana Islands; (B) the supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq.); (C) the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.); (D) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); (E) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); (F) Federal housing assistance programs, including tenant-based assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), and public housing, as defined in section 3(b)(1) of such Act ( 42 U.S.C. 1437a(b)(1) ); (G) Federal child care assistance programs, including assistance under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq.) and the Child Care Access Means Parents in School Program under section 419N of the Higher Education Act of 1965 ( 20 U.S.C. 1070e ); (H) the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.); (I) refundable credit for coverage under a qualified health plan under section 36B of the Internal Revenue Code of 1986; (J) the Earned Income Tax Credit under section 32 of the Internal Revenue Code of 1986; (K) the Child Tax Credit under section 24 of the Internal Revenue Code of 1986; or (L) any other federally funded program determined by the Secretary to be appropriate; and (2) coordinate efforts to provide assistance to institutions of higher education to facilitate the enrollment of eligible students in the programs listed in paragraph (1). (b) Information on Federally funded programs To support basic needs (1) In general Section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ) is amended by adding at the end the following: (i) Information on Federally funded programs To support basic needs (1) In general For each year for which a student described in paragraph (3) submits an application for Federal student financial aid, the Secretary shall send, in written and electronic form, to such student information regarding potential eligibility for assistance under, and application process for— (A) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.); (B) the supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq.); (C) the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.); (D) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); (E) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); (F) Federal housing assistance programs, including tenant-based assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), and public housing, as defined in section 3(b)(1) of such Act ( 42 U.S.C. 1437a(b)(1) ); (G) Federal child care assistance programs, including assistance under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq.) and the Child Care Access Means Parents in School Program under section 419N of the Higher Education Act of 1965 ( 20 U.S.C. 1070e ); (H) the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.); (I) refundable credit for coverage under a qualified health plan under section 36B of the Internal Revenue Code of 1986; (J) the Earned Income Tax Credit under section 32 of the Internal Revenue Code of 1986; (K) the Child Tax Credit under section 24 of the Internal Revenue Code of 1986; or (L) any other Federally funded program determined by the Secretary to be appropriate. (2) Notification The notification described in paragraph (1) shall include the appropriate State or Federal resources to which to apply for benefits under each of the programs listed in paragraph (1). (3) Students A student is described in this paragraph if the student, as a result of information submitted on the application for Federal student financial aid, has been determined by the Secretary (in consultation with the heads of applicable Federal agencies) to be potentially eligible for the benefit programs described in paragraph (1). . (2) Consultation The Secretary of Education shall consult with the Secretary of Agriculture, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of the Treasury, and the head of any other applicable Federal or State agency, in designing the written and electronic communication regarding potential eligibility for assistance under, and application process for, the programs listed in paragraph (1) of section 483(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1090(i) ). (3) Effective date and sunset This subsection and the amendment made by this subsection is effective beginning on the date that is 120 days after the date of enactment of this Act and ending on June 30, 2023. (c) Further information on Federally funded programs To support basic needs (1) In general Section 483 of the Higher Education Act of 1965, as amended by section 702 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended— (A) in subsection (a)(2)(E)— (i) in clause (i), by striking and after the semicolon; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (iii) an authorization under subparagraph (D) and disclosing the information as described in clause (ii), the Secretary shall provide the applicant with notification of the appropriate Federal or State resources necessary to apply for Federal and State programs that support basic needs. ; and (B) in subsection (c)(3)— (i) by striking may and inserting shall ; and (ii) by inserting , and shall consult with the heads of applicable Federal agencies in designing the written and electronic communication regarding potential eligibility for assistance under such programs after may be eligible . (2) Effective date The amendments 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. (d) Report The Secretary of Education, in coordination with the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of the Treasury, and the head of any other applicable Federal or State agency, shall prepare and submit to Congress a report that presents summary statistics on students who have applied for Federal financial aid and who are enrolled at institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) and are experiencing student food insecurity and housing insecurity, disaggregated by race and ethnicity, income quintile, status as a first generation college student, Federal Pell Grant eligibility status, disability status, status as a student parent, sex (including sexual orientation and gender identity), and other subgroups as determined by such heads of agencies. 202. Questions on food and housing insecurity in national postsecondary student aid study (a) In general The Secretary of Education shall permanently add validated questions that measure food and housing insecurity and homelessness to the National Postsecondary Student Aid Study. (b) Effective date This section shall take effect on the date that is 120 days after the date of enactment of this Act. 203. Grants to address student basic needs Title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161a ) is amended by adding at the end the following: BB Grants to address student basic needs 899. Grants to address student basic needs (a) Definitions In this section: (1) Community college The term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate degree, including a 2-year Tribal College or University (as defined in section 316). (2) Eligible institution The term eligible institution means an institution of higher education as defined in section 101 or 102(a)(1)(B). (3) Food insecurity The term food insecurity means limited or uncertain availability of nutritionally adequate and safe foods, or the ability to acquire such foods in a socially acceptable manner. The most extreme form is often accompanied by physiological sensations of hunger. (4) Housing insecurity The term housing insecurity means limited or uncertain availability of, or access to, stable, safe, adequate, and affordable housing and neighborhoods. This shall include living in emergency or transitional shelters, motels, hotels, trailer parks, cars, parks, public spaces, or abandoned buildings, and those sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason. (b) Planning and coordination grants (1) In general The Secretary shall award planning and coordination grants, on a competitive basis, to eligible institutions to enable the eligible institutions to conduct research and planning to reduce incidences of student food insecurity and housing insecurity, and to coordinate a response to these challenges, by carrying out the activities described in paragraph (2). (2) Activities An eligible institution receiving a grant under this subsection shall use grant funds to carry out the following: (A) Establish a student food and housing security steering committee that will be responsible for creating and approving the strategy described in subparagraph (C), and that will be comprised of relevant campus stakeholders, including— (i) students who have experienced food insecurity or housing insecurity; (ii) student government representatives; (iii) institutional staff representing the areas of student financial aid, housing, dining, student affairs, academic advising, equity support services, accessibility services, campus security, legal services, and health and well-being services (including counseling or psychological services); (iv) faculty; (v) relevant administrators, including local human services administrators; and (vi) community-based organizations. (B) Conduct research regarding— (i) the level of student food insecurity and housing insecurity at the institution, disaggregated by race and ethnicity, income quintile, status as a first-generation college student (as defined in section 402A(h)), Federal Pell Grant eligibility status, disability status, status as a student parent, sex (including sexual orientation and gender identity), or other subgroup as determined by the institution; (ii) the presence of institutional barriers and current institutional interventions to address such barriers; (iii) the presence of administrative barriers for students in applying, certifying eligibility, and renewing applications for means-tested benefits, and interventions to address such barriers; (iv) the resources available to address student food insecurity and housing insecurity, both on campus and off campus; and (v) opportunities for coordination and collaboration between the institution and government or community-based organizations, including— (I) the local or State office that administers benefits through the supplemental nutrition assistance program (SNAP) and SNAP employment and training programs under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.) or the temporary assistance for needy families program (TANF) and subsidized programs that meet the work requirements under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.); (II) organizations that participate in the Federal work-study program under part C of title IV; or (III) low-income housing assistance organizations, including those assisting with tenant-based assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), and public housing, as defined in section 3(b)(1) of such Act ( 42 U.S.C. 1437a(b)(1) ). (C) Create a strategy that describes how the institution will— (i) seek to address student food insecurity and housing insecurity through on-campus and off-campus providers; and (ii) incorporate the research conducted under subparagraph (B), including with respect to the subgroups identified under clause (i) of subparagraph (B), into the strategy. (D) Implement the strategy described in subparagraph (C), including by— (i) conducting outreach to students to reduce stigma, educate, and encourage students to participate in programs and receive services (including programs and services provided through grant funding) to reduce student food insecurity and housing insecurity; (ii) educating students about public assistance programs (including State and local public assistance programs, and the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.), Federal housing assistance programs, and other income-based Federal assistance programs), supporting students’ applications for those programs, and providing case management and training for students to maximize the public assistance that students receive to reduce student food insecurity and housing insecurity; (iii) coordinating and collaborating with government or community-based organizations, such as the local office that administers benefits through the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.) or a low-income housing assistance organization; (iv) hiring and training personnel to build infrastructure and implement programming to reduce student food insecurity and housing insecurity at the eligible institution; and (v) carrying out other matters determined appropriate by the Secretary. (3) Grant amounts; duration (A) Amount A grant under this subsection shall be in an amount not to exceed $5,000,000. (B) Duration A grant under this subsection shall be for a period of not more than 5 years. (4) Report The Secretary shall prepare and submit to Congress a report that describes— (A) the impact of the grant under this subsection on reducing student food insecurity and housing insecurity, disaggregated by race and ethnicity, income quintile, status as a first-generation college student (as defined in section 402A(h)), Federal Pell Grant eligibility status, disability status, status as a student parent, sex (including sexual orientation and gender identity), and other subgroup as determined by the institution; (B) best practices for reducing student food insecurity and housing insecurity, including by identifying institutional and administrative barriers and intervening to address such barriers; (C) the obstacles faced by grant recipients; (D) State or Federal policy barriers to reducing student food insecurity and housing insecurity at institutions of higher education; and (E) information on postsecondary outcomes at the institutions receiving a grant under this section, including— (i) the postsecondary attainment rates of students, including the units of postsecondary study completed as a percentage of such units attempted; (ii) the transfer rates of students from community colleges to 4-year institutions of higher education; (iii) the retention rates of students, either in the institution of higher education at which the student was first enrolled or in another institution; and (iv) the persistence rates of such students in higher education. (5) Best practices The Secretary shall disseminate to eligible institutions and relevant government and community-based organizations information about best practices, as described in paragraph (4)(B). (c) Reservation; priority; equitable distribution (1) Reservation In awarding grants under subsection (b), the Secretary shall reserve an amount equal to not less than 33 percent of the total amount available for grants under those subsections for grant awards to community colleges. (2) Priority In awarding grants under subsection (b), the Secretary shall give priority to the following: (A) Eligible institutions with respect to which not less than 25 percent of enrolled students are students that are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV. (B) Eligible institutions that are described in section 371(a). (3) Equitable distribution In awarding grants under subsection (b), the Secretary shall ensure an equitable distribution of grant awards to eligible institutions in States based on State population. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $1,000,000,000 for each of fiscal years 2022 through 2032. . | https://www.govinfo.gov/content/pkg/BILLS-117s1569is/xml/BILLS-117s1569is.xml |
117-s-1570 | II 117th CONGRESS 1st Session S. 1570 IN THE SENATE OF THE UNITED STATES May 11, 2021 Mr. Casey (for himself, Mr. Moran , Ms. Hirono , Ms. Duckworth , Mrs. Gillibrand , Mr. Sanders , Mr. Merkley , Mr. Menendez , Mr. Murphy , Mr. Blumenthal , Mr. Kelly , 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 facilitate nationwide accessibility and coordination of 211 services and 988 services in order to provide information and referral to all residents and visitors in the United States for mental health emergencies, homelessness needs, other social and human services needs, and for other purposes.
1. Short title This Act may be cited as the Human-services Emergency Logistic Program Act of 2021 or the HELP Act of 2021 . 2. Purposes The purposes of this Act are as follows: (1) To strengthen the existing 211 services and to coordinate 211 and 988 services in States throughout the Nation. (2) To increase the availability, reliability, and responsiveness of 211 and 988 services, and improve information and referral through 211 and 988 services, across the country, 24 hours a day, 365 days a year. (3) To reduce the use of 911 services for circumstances not related to law enforcement, fire, or medical emergencies. (4) To more efficiently connect individuals with mental health services and other needed human services. (5) To reduce the arrests, incarcerations, and violent interactions between law enforcement and individuals that sometimes occur from inappropriate 911 emergency referrals. 3. Allotments to strengthen nationwide accessibility and coordination of 211 and 988 services for information and referral for human services and mental health needs (a) In general Out of amounts appropriated under section 4(a) that remain after application of section 4(b), the Secretary of Health and Human Services (referred to in this Act as the Secretary ), acting through the Human Services National Board, shall make an allotment to each State, in accordance with the formula developed under subsection (b), to carry out a program for the purposes of— (1) ensuring 211 and 988 services are directly accessible to all individuals in each State; (2) ensuring capacity within each State for 988 services through the operational support of State designated crisis centers within the National Suicide Prevention Lifeline Network; (3) strengthening the reliability, accessibility, and responsiveness of methods of communication through 211 and 988 services, in order to provide information and referrals with respect to human services provided through the respective 211 or 988 services, including mental health emergency resources and suicide prevention resources provided through 988 services, homelessness resources, domestic violence resources, resources to identify and address child, adult, and elder abuse and exploitation, caregiver and child care resources, and other human service needs provided through 211 services; and (4) reducing law enforcement interactions with people with disabilities and individuals experiencing human-services or mental health needs, and increasing the capacity to divert calls from 911 or police departments to mental health and human services responders, as appropriate. (b) Allotments to States (1) In general For purposes of making allotments under this section, the Secretary shall develop a formula for determining the allotment amounts for each State. Such formula shall be based on population, population density, poverty rate, and other evidence-based predictive data related to the needs of the State for, and access to, mental health and other human services. Allotments made under this section, and the services provided through such allotments, shall not supplant funding otherwise made available to the State for such purposes, or services otherwise provided by the State for such purposes. (2) Non-Federal contributions A State may not be eligible for an allotment under this section unless the State ensures that at least 25 percent of the resources of the program funded by the State allotment will be derived from non-Federal sources, which may include in-kind contributions of goods or services. (3) Requirement regarding State allotment amounts Of the amounts allotted to a State under this section, not more than 15 percent shall be allocated for evaluation, training, and technical assistance, and for management and administration of subgrants awarded under this section. (4) Administrative costs From the allotment made to a State under this subsection, the State Human Services Collaborative may retain the greater of 1/2 of 1 percent of such allotment or $50,000, for administrative costs. (c) Human Services National Board (1) In general The Secretary shall establish a Human Services National Board for purposes of— (A) managing and allocating funds under this section, including making allotments to States; (B) reviewing State plans for implementing and maintaining 211 systems and coordinating the 211 and 988 systems; (C) evaluating State 211 and 988 systems, including with respect to capacity for answering and responding to calls; and (D) evaluating the coordination and collaboration among 211, 988, and 911 services and other emergency and call center systems. (2) Membership (A) In general The Human Services National Board shall be comprised of not fewer than 19 members selected by the Secretary in accordance with subparagraph (B), of which 11 shall be permanent members, and 8 shall serve 3-year, rotating terms. (B) Members (i) Permanent members The 11 permanent members shall be comprised of one representative from each of— (I) the Alliance of Information and Referral Systems; (II) United Way Worldwide; (III) the National Council on Independent Living; (IV) the National Association of Area Agencies on Aging; (V) the Bazelon Center for Mental Health Law; (VI) the Leadership Conference on Civil and Human Rights; (VII) the National Alliance to End Homelessness; (VIII) the Fraternal Order of Police; (IX) the National Suicide Prevention Lifeline; (X) the National Domestic Violence Hotline; and (XI) the National Emergency Number Association. (ii) Rotating members The 8 rotating members shall be selected by the Secretary, with input from stakeholders and advocates, and shall include— (I) 1 representative of a faith-based organization dedicated to providing human services; (II) 1 representative of an organization dedicated to ensuring racial and ethnic equity; (III) 1 representative of a disability organization operated by a majority of people with disabilities; (IV) 1 representative of an organization representing older adults; (V) 1 representative of an organization representing Tribal and Native peoples; (VI) 1 representative of an organization representing LGBTQ+ populations; (VII) 1 representative of a secular organization dedicated to providing human services; and (VIII) 1 representative of a law enforcement labor or representative organization. (iii) Additional rotating members In addition to the members appointed under clauses (i) and (ii), the Secretary may appoint to the Human Services National Board up to 4 additional rotating members to represent specific populations or issues. Each such member shall serve a 3-year term. (iv) Ex officio members Ex officio members of the Human Services National Board shall include 1 representative from each of— (I) the Department of Health and Human Services; (II) the Department of Education; (III) the Department of Homeland Security; (IV) the Department of Housing and Urban Development; (V) the Department of Commerce; and (VI) the Department of Labor. (3) Fiscal agent The Office of the Secretary of Health and Human Services shall be the fiscal agent of the Human Services National Board. (4) Chair and Vice Chair (A) Chair selection The Chair of the Human Services National Board shall be selected by the Human Services National Board members, from among the permanent members described in paragraph (2)(B)(i), and shall serve a 5-year term. (B) Vice chair selection The Vice Chair shall be selected by the Human Services National Board members, from among the rotating members described in paragraph (2)(B)(ii), and shall serve a 3-year term. (d) State oversight entities (1) Human Services Collaboratives (A) In general A State seeking an allotment under this section, not later than 3 months after receiving an allotment, shall appoint a lead entity (referred to in this section as a Human Services Collaborative ) for purposes of meeting the requirements of this subsection. (B) Human Services Collaborative A State lead entity shall be treated as the State Human Services Collaborative under this subsection if the entity— (i) (I) is a State entity or an independently incorporated nonprofit organization serving as the lead implementing agency coordinating and managing State and regional projects and operations for 211 in the State— (aa) under State law; or (bb) by order of the State public utility commission; (II) collaborates, to the extent practicable, with the entities listed in clause (ii); and (III) collaborates with the Administrator of the National Suicide Prevention Lifeline to coordinate 988 operations with 211 operations in the State; or (ii) is a collaborative entity established by the State for such purpose from among representatives of— (I) an informal, existing 211 statewide collaborative in the State; (II) crisis centers within the National Suicide Prevention Lifeline Network operating in the State; (III) State agencies; (IV) community-based organizations, including— (aa) organizations representing older adults; (bb) organizations representing people with disabilities; (cc) where appropriate, organizations representing Native peoples and Tribal nations; (dd) organizations representing people with mental health disabilities; and (ee) organizations led by Black people, indigenous people, or people of color working to end racism; (V) faith-based organizations dedicated to providing human services; (VI) nonprofit organizations providing human services; (VII) comprehensive and specialized information and referral providers, including area agencies on aging, aging and disability resource centers, and 211 and 988 call centers; (VIII) State and regional foundations; (IX) businesses headquartered in, or with significant presence in, the State; and (X) law enforcement labor or representative organizations representing rank and file officers. (2) Human Services State Oversight Council (A) In general Each State receiving an allotment under this section shall establish a Human Services State Oversight Council (referred to in this section as a Council ) to provide guidance and oversight of the 211 and 988 systems to the State Human Services Collaborative. (B) Members (i) In general Each Council shall be comprised of not more than 25 stakeholders and service providers appointed by the governor of the State for staggered 3-year terms, including— (I) at least 3 representatives of human service providers; (II) at least 2 adults over the age of 60; (III) at least 3 people with disabilities; (IV) at least 3 additional people with mental health disabilities; (V) at least 1 individual with a child under 18 years of age; (VI) at least 1 individual caring for an older adult; (VII) at least 1 individual providing support for a relative with a disability; (VIII) at least 3 individuals who are members of a family that receives means tested Federal benefits, such as temporary assistance for needy families under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.), the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.), or the supplemental security income program established under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq.); (IX) at least 1 business representative; and (X) at least 1 representative of a law enforcement labor or representative organization. (ii) Conflicts of interest No Council member may be an employee of an entity that receives a subgrant from the State Human Services Collaborative. (iii) Chair and Vice Chair With respect to each Council, the Council shall select from among its members a Chair, who shall be a recipient of human services, and a Vice Chair, who shall be a provider of human services or a business representative. (C) Duties Each Council shall be responsible for— (i) reviewing the annual State application to the Human Services National Board; (ii) reviewing the annual Human Services Collaborative budget; (iii) identifying topics for, and ensuring an evaluation of, the State 211 and 988 services, consistent with subsection (h)(2); (iv) monitoring the State 211 and 988 services to ensure that such services are racially equitable; and (v) making recommendations to increase the awareness and effectiveness of 211 and 988 services in all parts and communities of the State. (e) Application The Human Services Collaborative of a State, on behalf of each State seeking an allocation under this section, acting under the direction of the State governor, shall submit an annual application to the Human Services National Board for such an allocation, at such time, in such manner, and containing such information as the Secretary may require, including the following: (1) A description of how the Human Services Collaborative will— (A) ensure that every resident of the State with phone or internet service can connect to the 211 and 988 services at no charge; (B) make available, throughout the State, 211 and 988 service information and referral with respect to human services, including information about the manner in which the Human Services Collaborative will develop, sustain, and evaluate the State's 211 and 988 services and ensure sufficient State capacity for answering and responding to calls to 988; (C) coordinate with 911 systems and law enforcement agencies to divert calls to mental health and human services responders who can assist individuals and link individuals with voluntary, community-based services, as appropriate; (D) use annual 211 and 988 operational data to inform the Collaborative's approach to assessing the program and establishing oversight metrics. (2) Information on the sources of funding and other resources for the State 211 and 988 services for purposes of meeting the requirements under subsection (b)(2). (3) Information describing how the Human Services Collaborative will provide to all individuals in the State, to the extent practicable, a statewide database available via the internet, that will allow such individuals to search for programs or services that are available from mental health and human services providers in the State. (4) Assurances that all activities and information provided by the 211 and 988 services and all entities receiving subgrants pursuant to this section will be directly accessible according to the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.), section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), and part 1194 of title 36, Code of Federal Regulations (or any successor regulations). (5) Any additional information the Secretary may require. (f) Subgrants (1) Authority For purposes of carrying out a program in a State, the State Human Services Collaborative may make subgrants to such entities as the Collaborative determines appropriate, which may include subgrants to provide funds— (A) for the provision of 211 and 988 services; (B) for the operation and maintenance of 211 and 988 call centers; (C) for the collection and display of information in the statewide database; (D) for increasing public awareness of 211 and 988 services in the State in collaboration with 911 services and other emergency call centers; (E) for coordination of the State’s 211 and 988 services, including the collection, accessibility, and display of information through a national data platform; (F) to conduct statewide and regional planning for 211 and 988 services; (G) for start-up costs of extending 211 and 988 services to unserved areas, including costs of software and hardware upgrades and telecommunications and internet costs; (H) to ensure that 211 and 988 services are directly accessible, consistent with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.), section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), and part 1194 of title 36, Code of Federal Regulations (or any successor regulations); (I) for staffing; (J) for training; (K) for activities related to accreditation; (L) for the evaluation of State 211 and 988 activities and capacity; (M) for internet hosting and site development and maintenance for a statewide database; (N) for cloud-based data and messaging capacity; (O) to encourage coordination and collaboration of 211 and 988 services within the State and ensure coordination and collaboration with local 911 Public Safety Answering Points; (P) to integrate or share resources and service-level data with national platforms hosted by the Human Services National Board; (Q) to prepare and submit State and national reporting requirements and other activities approved by the Human Services State Oversight Council; (R) to provide stipends and travel reimbursement for individuals with disabilities and their family members for costs associated with serving on the Human Services State Oversight Council; or (S) to carry out other activities approved by the Human Services National Board on behalf of the Secretary. (2) Considerations In awarding a subgrant under this subsection, a lead entity shall consider— (A) the ability of the entity seeking the subgrant to carry out activities or provide services consistent with this Act; (B) the extent to which the award of the subgrant will facilitate equitable geographic distribution of subgrants under this section to ensure that rural communities have access to 211 and 988 services; and (C) the extent to which the recipient of the subgrant will establish and maintain cooperative relationships with specialized information and referral centers, including Child Care Resource and Referral Agencies, crisis centers, referral agencies for aging or disability services, 911 call centers, 311 call centers, and other call centers, as applicable. (3) Preference In awarding a subgrant under this subsection, a lead entity shall give preference to organizations that work with people with disabilities who are Black, Indigenous, or other people of color. (g) Use of State allotment and subgrant amounts (1) In general Amounts awarded as State allotments or subgrants under this section shall be used solely for either or both of the following purposes: (A) To make available 211 and 988 services to all individuals in a State via voice, short message service or other messaging, internet, or other telecommunication methods. (B) For community information and referral with respect to human services, among individuals, families, and agencies seeking such services and the providers of such services. (2) Requirements In making 211 and 988 services available, the recipient of a State allotment or subgrant shall, to the maximum extent practicable— (A) abide by the Key Standards for 211 Centers as specified in the Standards and Quality Indicators for Professional Information and Referral published by the Alliance of Information and Referral Systems fir 211 services; (B) abide by the clinical standards and guidelines specified by the Administrator of the National Suicide Prevention Lifeline for 988 crisis centers that are part of the National Suicide Prevention Lifeline Network; and (C) collaborate with public and private human services organizations and existing national, regional, and local information and referral systems to provide an exhaustive and comprehensive database of services from which to provide information or referrals to individuals using the 211 and 988 services. (3) Use of subgrant funds Amounts awarded through a subgrant under subsection (f) may be used by the subgrant recipient for the purposes described in subsection (f)(1). (h) Reports and evaluations (1) Annual reports The State Human Services Collaborative of each State receiving an allotment under this section shall submit to the Human Services National Board, not later than 60 days after the end of each fiscal year in which such allotment is made, a report on the program funded by the State allotment. Each report shall— (A) describe the activities or services funded by the State allotment; (B) assess the effectiveness of such activities and services in making available, to all residents of the State, 211 and 988 services for emergency mental health services and information and referrals with respect to human services in accordance with the provisions of this section; (C) assess the effectiveness of collaboration with human services resource and referral entities and service providers; (D) include the percentage of calls to 911 or to police that were diverted to mental health and other human services responders; and (E) describe the services to which individuals were linked through the 211 and 988 services and any efforts to track outcomes. (2) Evaluation Each State Human Services Collaborative shall award a contract to an independent entity to conduct an evaluation of the State 211 and 988 systems biennially. The evaluation shall address— (A) any barriers to access to the State 211 and 988 services for residents and visitors; (B) the effectiveness of the State 211 and 988 services at connecting residents to needed human services; (C) the effectiveness of collaborations among 211 and 988 partners; (D) the effects of the State 211 and 988 services on 911 law enforcement, fire, and medical emergency services; (E) the comprehensiveness of the information in the State 211 and 988 database; (F) public awareness of the State 211 and 988 services; (G) user satisfaction with the State 211 and 988 services; and (H) other topics identified by the Human Services State Oversight Councils. (i) Definitions In this section: (1) 211 service The term 211 service means providing residents with information and referrals, via voice telephone, text telephone, short message service, text, internet phone, or other telecommunication methods, with respect to health and human services and other provider agencies. (2) 988 service The term 988 service means the provision of mental health or suicide crisis support and resources through the universal telephone number within the United States designated for the purpose of the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Lifeline. (3) Human services The term human services means services that— (A) assist individuals in becoming more self-sufficient, in preventing dependency, and in strengthening family relationships; (B) address social determinants of health; (C) support personal and social development; or (D) help ensure the health and well-being of individuals, families, and communities. (4) Indian Tribe; Tribal organization The terms Indian tribe and tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). (5) State The term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, or an Indian tribe or tribal organization. 4. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act— (1) $550,000,000 for each of fiscal years 2022 and 2023, of which, each such fiscal year, $350,000,000 shall be allocated for 211 services and $200,000,000 shall be allocated for 988 services; and (2) $450,000,000 for each of fiscal years 2024 through 2028, of which, each such fiscal year, $300,000,000 shall be allocated for 211 services and $150,000,000 shall be allocated for 988 services. (b) Reservation Of the amount appropriated under this section for a fiscal year, the Human Services National Board may reserve 1/2 of 1 percent for administrative and national coordinating activities. (c) Availability Amounts appropriated pursuant to this section shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s1570is/xml/BILLS-117s1570is.xml |
117-s-1571 | II 117th CONGRESS 1st Session S. 1571 IN THE SENATE OF THE UNITED STATES May 11, 2021 Ms. Duckworth (for herself, Mr. Durbin , Mr. Van Hollen , Mrs. Murray , Ms. Hirono , Mr. Blumenthal , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to expand parental leave for members of the Armed Forces, to reduce the service commitment required for participation in the career intermission program of a military department, and for other purposes.
1. Short title This Act may be cited as the Servicemember Parental Leave Equity Act . 2. Expansion of parental leave for members of the Armed Forces (a) Expansion Section 701 of title 10, United States Code, is amended— (1) in subsection (i)— (A) in paragraph (1)— (i) in subparagraph (A), by striking twelve weeks and inserting 18 weeks ; (ii) in subparagraph (B), by striking six weeks and inserting 12 weeks ; and (iii) by adding at the end the following new subparagraph: (C) Under the regulations prescribed for purposes of this subsection, a member of the armed forces described in paragraph (2) who is the primary caregiver in the case of a long-term placement of a foster child is allowed up to 12 weeks of total leave to be used in connection with such placement, subject to limits as determined by the Secretary regarding— (i) the total number of times that a member of the armed forces may use leave under this section with respect to the placement of a foster child; and (ii) the frequency with which a member of the armed forces may use leave under this section with respect to the placement of a foster child. ; (B) in paragraph (5), by striking birth or adoption and inserting birth, adoption, or foster child placement ; and (C) in paragraph (6)(A), by striking birth or adoption and inserting birth, adoption, or foster child placement ; (2) in subsection (j)— (A) in paragraph (1), by striking 21 days and inserting 12 weeks ; (B) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (C) by inserting after paragraph (1) the following new paragraph: (2) Under the regulations prescribed for purposes of this subsection, a member of the armed forces described in subsection (i)(2) who is the secondary caregiver in the case of a long-term placement of a foster child is allowed up to 12 weeks of total leave to be used in connection with such placement, subject to limits as determined by the Secretary regarding— (A) the total number of times that a member of the armed forces may use leave under this section with respect to the placement of a foster child; and (B) the frequency with which a member of the armed forces may use leave under this section with respect to the placement of a foster child. ; (D) in paragraph (4), as redesignated, by striking only in one increment in connection with such birth or adoption and inserting in more than one increment in connection with such birth, adoption, or foster child placement in accordance with regulations prescribed by the Secretary of Defense ; and (E) by adding at the end the following new paragraph (6): (6) Under regulations prescribed for purposes of this subsection, the Secretary shall provide a member of the armed forces described in subsection (i)(2), who would have been a secondary caregiver but for a miscarriage, stillbirth, or infant death, with leave— (A) in addition to leave under subsection (a); and (B) not to exceed the amount of leave under paragraph (1). ; (3) in subsection (l), by inserting , ordered to temporary duty overnight travel, or ordered to participate in physically demanding field training exercises, before during ; and (4) by adding at the end the following new subsection (m): (m) A member of the armed forces who gives birth while on active duty may be required to meet body composition standards or pass a physical fitness test during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and— (1) at the election of such member; or (2) in the interest of national security, as determined by the Secretary of Defense. . (b) Regulations; guidance and policies (1) Regulations The Secretary of Defense shall prescribe regulations— (A) for leave under subsection (i)(1)(C) and subsection (j)(2) of section 701 of title 10, United States Code, as amended by subsection (a), not later than one year after the date of the enactment of this Act; (B) that establish leave, consistent across the Armed Forces, under subsection (j)(6) of such section not later than one year after the date of the enactment of this Act; and (C) that establish convalescent leave, consistent across the Armed Forces, under subsection (i)(1) of such section not later than 180 days after the date of the enactment of this Act. (2) Guidance and policies Each Secretary of a military department shall prescribe— (A) policies to establish the maximum amount of leave under subsection (i)(1) of section 701 of title 10, United States Code, as amended by subsection (a), not later than one year after the date of the enactment of this Act; (B) policies to implement leave under subsection (i)(5) or (j)(4) of such section not later than 180 days after the date of the enactment of this Act; (C) policies to implement not less than 21 days of leave pursuant to regulations prescribed under paragraphs (1) and (2) of subsection (j) of such section not later than one year after the date of the enactment of this Act; and (D) policies to implement the maximum amount of leave pursuant to regulations prescribed under paragraphs (1) and (2) of subsection (j) of such section not later than five years after the date of the enactment of this Act. (c) Reporting Not later than January 1, 2023, and annually thereafter, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a report including the following: (1) A description of the use, during the preceding fiscal year, of leave under subsections (i) and (j) of section 701 of title 10, United States Code, as amended by subsection (a), disaggregated by births, adoptions, and foster placements, including— (A) the number of members in each Armed Force under the jurisdiction of the Secretary who became primary caregivers; (B) the number of members in each Armed Force under the jurisdiction of the Secretary who became secondary caregivers; (C) the number of primary caregivers who used primary caregiver leave; (D) the number of secondary caregivers who used secondary caregiver leave; (E) the number of primary caregivers who used the maximum amount of primary caregiver leave; (F) the number of secondary caregivers who used the maximum amount of secondary caregiver leave; (G) the number of primary caregivers who utilized primary caregiver leave in multiple increments; (H) the number of secondary caregivers who utilized primary caregiver leave in multiple increments; (I) the median duration of primary caregiver leave used by primary caregivers; (J) the median duration of secondary caregiver leave used by secondary caregivers; and (K) other information the Secretary determines appropriate. (2) An analysis of the effect of leave described in paragraph (1) on— (A) readiness; and (B) retention. (3) A description of any actions taken by the Secretary to mitigate negative effects described in paragraph (2). (4) The number of members deployed under each paragraph of subsection (l) of section 701 of title 10, United States Code, as amended by subsection (a). 3. Reduction in service commitment required for participation in career intermission program of a military department Section 710(c)(3) of title 10, United States Code, is amended by striking two months and inserting one month . | https://www.govinfo.gov/content/pkg/BILLS-117s1571is/xml/BILLS-117s1571is.xml |
117-s-1572 | II 117th CONGRESS 1st Session S. 1572 IN THE SENATE OF THE UNITED STATES May 11, 2021 Ms. Duckworth (for herself, Mr. Durbin , Mr. Van Hollen , Ms. Klobuchar , Mrs. Murray , Mr. Blumenthal , Mrs. Feinstein , Mrs. Gillibrand , and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To expand child care opportunities for members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the Military Child Care Expansion Act of 2021 . 2. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care Section 589 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a)(3)— (A) by striking Secretary shall— and all that follows through private sector; and and inserting Secretary shall take into consideration qualifications for in-home child care providers in the private sector. ; and (B) by striking subparagraph (B); and (2) in subsection (b), by adding at the end the following: The Secretary of Defense may expand the pilot program to additional locations. . 3. Pilot program to expand access to child care to the Department of Defense (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to expand access to child care for members of the Armed Forces by entering into agreements with public or private child care facilities or development centers. (b) Scope In carrying out the pilot program, the Secretary shall— (1) seek to enter into one or more memoranda of understanding with one or more eligible civilian child care centers or facilities to reserve slots for qualified families in locations in which— (A) the Department of Defense lacks a child development center; or (B) the wait lists for the nearest Department of Defense child development center, where applicable, indicate that qualified families may not be accommodated; and (2) select five locations that the Secretary determines have the greatest unmet demand for child care services for children of members of the Armed Forces, including at least one facility in each location that offers extended or flexible hours to provide care after hours and on weekends. (c) Annual assessment of results Not later than one year after establishing the pilot program under subsection (a), the Secretary shall undertake a current assessment of the impact of the pilot program on access to childcare facilities or child development centers for qualified families. (d) Reports (1) Interim reports Not later than one year after the Secretary establishes the pilot program and twice annually thereafter, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the pilot program. Each interim report shall include the following elements: (A) The number of military families participating in the pilot program, disaggregated by location and duration of participation. (B) A breakdown of the total cost, including any subsidies or financial assistance, charged by the childcare facility or child development center. (C) The impact of the program on wait times at Department of Defense child care development centers. (D) The feasibility of expanding the pilot program. (E) Recommendations for legislation or administrative actions that the Secretary determines necessary to make the pilot program permanent. (F) Any other information the Secretary determines appropriate. (2) Final report Not later than 90 days after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the pilot program. The report shall include the following elements: (A) The elements specified in paragraph (1). (B) The recommendation of the Secretary whether to make the pilot program permanent. (e) Expansion Based on the recommendations included in the interim reports, the Secretary may expand the scope of the pilot program to include more than five locations if the Secretary determines access to childcare is improved and such expansion would likely benefit Department of Defense families. (f) Termination The pilot program shall terminate three years after the date on which the Secretary establishes the pilot program. (g) Eligible civilian child care center or facility defined In this section, the term eligible civilian child care center or facility has the meaning given the term eligible provider in section 1798(b) of title 10, United States Code. 4. Determination of causes of poor or failing conditions at child development centers of Department of Defense and costs to improve such conditions (a) Determinations (1) In general The Secretary of Defense shall determine— (A) the root causes contributing to poor or failing facility conditions at child development centers of the Department of Defense; and (B) the total cost to improve the facility conditions of such centers to at least fair condition, as determined by the Secretary. (2) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the determinations of the Secretary under paragraph (1). (b) Comptroller General review and recommendations Not later than one year after the date on which the Secretary submits to Congress the report under subsection (a)(2) on the determinations of the Secretary under subsection (a)(1), the Comptroller General of the United States shall— (1) review such determinations; and (2) submit to the Secretary and Congress recommendations on how to improve the facility conditions at child development centers of the Department. 5. Temporary program to use minor military construction authority for construction of child development centers (a) Thresholds on construction authorized The Secretary of Defense shall establish a program to carry out minor military construction projects under section 2805 of title 10, United States Code, to construct child development centers. (b) Increased maximum amounts applicable to minor construction projects For the purpose of any military construction project carried out under the program under this section, the amounts specified in section 2805 of title 10, United States Code, are modified as follows: (1) The amount specified in subsection (a)(2) of such section is deemed to be $25,000,000. (2) The amount specified in subsection (c) of such section is deemed to be $25,000,000. (c) Notification and approval requirements (1) In general The notification and approval requirements under section 2805(b) of title 10, United States Code, shall remain in effect for construction projects carried out under the program under this section. (2) Procedures The Secretary shall establish procedures for the review and approval of requests from the Secretaries of military departments to carry out construction projects under the program under this section. (d) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program under this section. (2) Elements The report required by paragraph (1) shall include a list and description of the construction projects carried out under the program under this section, including the location and cost of each project. (e) Expiration of authority The authority to carry out a minor military construction project under the program under this section expires on the date that is 10 years after the date of the enactment of this Act. (f) Construction of authority Nothing in this section may be construed to limit any other authority provided by law for a military construction project at a child development center. (g) Definitions In this section: (1) Child development center The term child development center includes a facility, and the utilities to support such facility, the function of which is to support the daily care of children aged six weeks old through five years old for full-day, part-day, and hourly service. (2) Congressional defense committees The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s1572is/xml/BILLS-117s1572is.xml |
117-s-1573 | II 117th CONGRESS 1st Session S. 1573 IN THE SENATE OF THE UNITED STATES May 11, 2021 Ms. Warren (for herself, Mr. Markey , Mr. Blumenthal , Mr. Sanders , Mrs. Gillibrand , Ms. Hirono , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require Federal law enforcement and prison officials to obtain or provide immediate medical attention to individuals in custody who display medical distress.
1. Short title This Act may be cited as the Andrew Kearse Accountability for Denial of Medical Care Act of 2021 . 2. Medical attention for individuals in Federal custody displaying medical distress (a) In general Chapter 13 of title 18, United States Code, is amended by adding at the end the following: 250. Medical attention for individuals in Federal custody displaying medical distress (a) Definitions In this section— (1) the term appropriate Inspector General , with respect to a covered official, means— (A) the Inspector General of the Federal agency that employs the covered official; or (B) in the case of a covered official employed by a Federal agency that does not have an Inspector General, the Inspector General of the Department of Justice; (2) the term covered official means— (A) a Federal law enforcement officer (as defined in section 115); (B) an officer or employee of the Bureau of Prisons; or (C) an officer or employee of the United States Marshals Service; and (3) the term medical distress includes breathing difficulties. (b) Requirement (1) Offense It shall be unlawful for a covered official to negligently fail to obtain or provide immediate medical attention to an individual in Federal custody who displays medical distress in the presence of the covered official, if the individual suffers unnecessary pain, injury, or death as a result of that failure. (2) Penalty A covered official who violates paragraph (1) shall be fined under this title, imprisoned for not more than 1 year, or both. (3) State civil enforcement Whenever an attorney general of a State has reasonable cause to believe that a resident of the State has been aggrieved by a violation of paragraph (1) by a covered official, the attorney general, or another official, agency, or entity designated by the State, may bring a civil action in any appropriate district court of the United States to obtain appropriate equitable and declaratory relief. (c) Inspector General investigation (1) In general The appropriate Inspector General shall investigate any instance in which— (A) a covered official fails to obtain or provide immediate medical attention to an individual in Federal custody who displays medical distress in the presence of the covered official; and (B) the individual suffers unnecessary pain, injury, or death as a result of the failure to obtain or provide immediate medical attention. (2) Referral for prosecution If an Inspector General, in conducting an investigation under paragraph (1), concludes that the covered official acted negligently in failing to obtain or provide immediate medical attention to the individual in Federal custody, the Inspector General shall refer the case to the Attorney General for prosecution under this section. (3) Confidential complaint process The Inspector General of a Federal agency that employs covered officials shall establish a process under which an individual may confidentially submit a complaint to the Inspector General regarding an incident described in paragraph (1) involving a covered official employed by the Federal agency (or, in the case of the Inspector General of the Department of Justice, involving a covered official employed by a Federal agency that does not have an Inspector General). (d) Training The head of an agency that employs covered officials shall provide training to each such covered official on obtaining or providing medical assistance to individuals in medical distress. . (b) Technical and conforming amendment The table of sections for chapter 13 of title 18, United States Code, is amended by adding at the end the following: 250. Medical attention for individuals in Federal custody displaying medical distress. . | https://www.govinfo.gov/content/pkg/BILLS-117s1573is/xml/BILLS-117s1573is.xml |
117-s-1574 | II 117th CONGRESS 1st Session S. 1574 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Scott of South Carolina (for himself, Mr. Warner , Mr. Lankford , Ms. Smith , Ms. Collins , Ms. Stabenow , Mr. Cassidy , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To codify a statutory definition for long-term care pharmacies.
1. Short title This Act may be cited as the Long-Term Care Pharmacy Definition Act of 2021 . 2. Definition Section 1860D–2 of the Social Security Act ( 42 U.S.C. 1395w–102 ) is amended by adding at the end the following new subsection: (f) Long-Term care pharmacy defined (1) In general The term long-term care pharmacy means a pharmacy licensed under applicable State law that is able to provide enhanced pharmacy and clinical services to individuals who require enhanced medication services and reside in a facility (as defined in paragraph (4)). (2) Enhanced pharmacy and clinical services As used in this subsection, the term enhanced pharmacy and clinical services includes— (A) medications dispensed pursuant to a prescription or chart order in specialized packaging which shall include unit of use packaging, unit dose packaging, single use containers, packaging from remote automated dispensing technology, or other packaging required; (B) drug utilization review to identify potential adverse drug reactions and inappropriate drug usage; (C) medication reconciliation services at the transition of care and other necessary clinical management and medication services; (D) timely medication delivery 24 hours a day, 7 days a week; (E) pharmacist on-call availability to provider dispensing and clinical services 24 hours a day, 7 days a week; (F) emergency supplies of medication as permitted by law and as required, including emergency kits or remote automated dispensing technology at a facility; and (G) such other services as the Secretary determines appropriate. (3) Individuals requiring enhanced medication services As used in this subsection, the term individual who requires enhanced medication services means an individual who has one or more comorbid and medically complex chronic conditions that are life-threatening or significantly limit overall health or function, pose a high risk of hospitalization or other adverse health outcomes, and require enhanced pharmacy and clinical services. (4) Facility As used in this subsection, the term facility includes a facility described in section 1819(a), 1919(a), or 1905(d), or any other setting in which individuals who require enhanced medication services reside as determined by the Secretary. . | https://www.govinfo.gov/content/pkg/BILLS-117s1574is/xml/BILLS-117s1574is.xml |
117-s-1575 | II 117th CONGRESS 1st Session S. 1575 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Toomey (for himself and Mr. Manchin ) 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 encourage appropriate prescribing under Medicaid for victims of opioid overdose.
1. Short title This Act may be cited as the Improving Medicaid Programs' Response to Overdose Victims and Enhancing Addiction Care Act or the IMPROVE Addiction Care Act . 2. Encouraging appropriate prescribing under medicaid for victims of opioid overdose (a) In general Section 1927(g)(2) of the Social Security Act ( 42 U.S.C. 1396r–8(g)(2) ) is amended by adding at the end the following new subparagraph: (E) Additional drug use review requirements As part of a State’s prospective and retrospective drug use review under subparagraphs (A) and (B), as applicable, the State shall, not later than 24 months after the date of enactment of this subparagraph, develop and implement, or review and update, protocols to, subject to any applicable State or Federal privacy or confidentiality protections that could preclude such protocols— (i) identify individuals receiving benefits under this title who have experienced a nonfatal opioid-related overdose within a look-back period (to be determined by the Secretary except that such period shall not be less than 1 year and shall not exceed 5 years), to the extent that such data is available, and make a good faith effort to connect these individuals to treatment options and recovery support services that have been determined appropriate by the Secretary; (ii) if an individual receiving benefits under this title experiences a fatal overdose that is opioid-related (without regard to whether such overdose was related to a covered outpatient drug), or, if specified by the Secretary, related to any other drug (including a drug that is not a covered outpatient drug), not later than 6 months after the date of such overdose— (I) provide notice of such overdose to each provider that, during the period (to be established by the Secretary) preceding such overdose, prescribed opioids (or such other specified drug, if applicable) to such individual, to the extent that such data is available; and (II) provide each such provider with educational materials on prescribing opioids (or such other specified drugs, if applicable); (iii) ensure that a provider who is treating an individual receiving benefits under this title has notice of the individual's diagnosis or history of opioid use disorder, opioid poisoning diagnosis, history of nonfatal opioid-related overdose, or a diagnosis or history of a substance use disorder or overdose for such other specified drug, if applicable, to the extent such data is available; and (iv) perform ongoing retrospective drug utilization reviews and offer provider education that is informed by such reviews (which may include education provided under an educational outreach program established under subparagraph (D) or through an intervention described in paragraph (3)(C)(iii)) regarding appropriate prescribing practices for individuals receiving benefits under this title with a diagnosis or history of opioid use disorder, a history of nonfatal opioid-related overdose, an opioid poisoning diagnosis, or a diagnosis or history of a substance use disorder or overdose for such other specified drug, if applicable. Nothing in this subparagraph shall be construed as requiring a State to develop and implement additional protocols if the State establishes to the satisfaction of the Secretary that the State has in place existing protocols meeting or exceeding the standards set forth in this subparagraph. . (b) Technical amendments Section 1932(i) of the Social Security Act ( 42 U.S.C. 1396u–2(i) ) is amended— (1) by striking section 483.3(s)(4) and inserting section 438.3(s)(4) ; and (2) by striking 483.3(s)(5) and inserting 438.3(s)(5) . | https://www.govinfo.gov/content/pkg/BILLS-117s1575is/xml/BILLS-117s1575is.xml |
117-s-1576 | II 117th CONGRESS 1st Session S. 1576 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for a comfortable and safe temperature level in dwelling units receiving certain Federal housing assistance, and for other purposes.
1. Short title This Act may be cited as the Safe Temperature Act of 2021 . 2. Comfortable and safe temperature level in Federally assisted housing (a) Public housing and project-Based assistance The United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq.) is amended— (1) in section 8(o)(13) ( 42 U.S.C. 1437f(o)(13) ), by adding at the end the following: (P) Maintaining temperature level in units The Secretary may require the owner of a dwelling unit receiving assistance under a housing assistance payment under this paragraph to ensure that the dwelling unit maintains a comfortable and safe temperature level ranging from 71 degrees to 81 degrees Fahrenheit. ; and (2) in section 9 ( 42 U.S.C. 1437g ), by adding at the end the following: (p) Use of funds To maintain temperate level in units With respect to a public housing dwelling unit, the Secretary may use amounts in the Capital Fund or the Operating Fund to ensure that the dwelling unit maintains a comfortable and safe temperature level ranging from 71 degrees to 81 degrees Fahrenheit. . (b) Supportive housing for the elderly Section 202 of the Housing Act of 1959 ( 42 U.S.C. 1701q ) is amended by striking the first and second subsection (m) and inserting the following: (m) Maintaining temperature in units The Secretary may require the owner of housing assisted under this section to ensure that each unit in that housing maintains a comfortable and safe temperature level ranging from 71 degrees to 81 degrees Fahrenheit. . | https://www.govinfo.gov/content/pkg/BILLS-117s1576is/xml/BILLS-117s1576is.xml |
117-s-1577 | II 117th CONGRESS 1st Session S. 1577 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Cornyn (for himself and Mr. Booker ) 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 ensure equity for America’s children by providing access to summer meals.
1. Short title This Act may be cited as the Summer Meals Alternative Relief and Transportation Act of 2021 or the SMART Act of 2021 . 2. Access to nutritious summer meals for children Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) ) is amended by adding at the end the following: (13) Alternative program for meal delivery (A) Additional service options (i) In general Not later than March, 1, 2022, the Secretary shall establish under the program additional service options for eligible States, in accordance with subparagraph (B), that— (I) allow for the delivery of meals directly to the residence of an eligible child; and (II) do not require that an eligible child arrive to, or be served a meal at, a specified location other than the residence of the child. (ii) Administration In carrying out clause (i), the Secretary shall borrow from previously successful demonstration projects that have delivered nutritious meals, by mail or other mechanism, to the residences of children during the summer period. (B) Eligible States The Secretary shall permit the additional service options established under subparagraph (A)(i) to be carried out by a State participating in the program if the State has 1 or more areas, as determined by the Secretary, in which eligible children are unable— (i) to access meals under the program at congregate feeding sites; and (ii) to fully utilize electronic benefit transfer funds provided to a household for the purpose of increasing household access to food for children during the summer months, including because of the distance and transportation options available to a retailer authorized to accept and redeem benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.). (C) Nutritious meals The Secretary shall ensure that meals delivered through the additional service options established under subparagraph (A)(i) meet the criteria for nutritious meals under the program, except that the Secretary shall not impose restrictions that would otherwise prevent the delivery of nutritious meals to children under those additional service options. (D) Technical assistance and support (i) Definition of eligible entity In this subparagraph, the term eligible entity means a nonprofit organization or institution of higher education— (I) that has experience in delivering nutritious summer meals to residential homes using mainstream shipping carriers, in coordination with service institutions; and (II) that experience of which is demonstrated in a public report of a research institution with experience in domestic feeding programs. (ii) Grants and cooperative agreements The Secretary shall provide grants to, or enter into cooperative agreements with, eligible entities to provide technical assistance, support, and evaluation to State agencies and service institutions, in not more than 5 States, carrying out the additional service options established under subparagraph (A)(i). (iii) Subgrants An eligible entity that receives a grant or enters into a cooperative agreement under clause (ii) may award a subgrant to another eligible entity in the State to assist in carrying out the grant or cooperative agreement. (iv) Duration A grant or cooperative agreement under clause (ii) shall be for the period beginning on the date on which the grant is awarded or the cooperative agreement is entered into, as applicable, and ending on the last day of the third fiscal year that begins after the date of enactment of the Summer Meals Alternative Relief and Transportation Act of 2021 . (E) Report Not later than 1 year after the termination of the last grant or cooperative agreement entered into under subparagraph (D)(ii), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that— (i) describes— (I) the use of the alternative delivery options established under subparagraph (A)(i); and (II) the impact of those options on participation in the program; (ii) describes the impact of the technical assistance, support, and evaluation provided under subparagraph (D) on participation in the program; and (iii) is supported by data from a research institution or institution of higher education. (F) Authorization of appropriations There is authorized to be appropriated to the Secretary $10,000,000 to carry out this paragraph. . | https://www.govinfo.gov/content/pkg/BILLS-117s1577is/xml/BILLS-117s1577is.xml |
117-s-1578 | II 117th CONGRESS 1st Session S. 1578 IN THE SENATE OF THE UNITED STATES May 12, 2021 Ms. Smith (for herself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes.
1. Short title This Act may be cited as the Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021 . 2. Loan repayment program for mental health professionals in shortage Title VII of the Public Health Service Act is amended— (1) by redesignating part G ( 42 U.S.C. 295j et seq.) as part H; and (2) by inserting after part F ( 42 U.S.C. 294n et seq.) the following: G Mental Health Professionals in Workforce Shortage 783. Loan repayment program for mental health professionals in workforce shortages (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which— (1) the Secretary enters into agreements with individuals to make payments in accordance with subsection (b) on the principal of and interest on any eligible loan; and (2) the individuals each agree to complete a period of service in a mental health professional shortage area. (b) Payments For each year of obligated service by an individual pursuant to an agreement under subsection (a), the Secretary shall make a payment to such individual as follows: (1) Service in a shortage area The Secretary shall pay— (A) for each year of obligated service by an individual pursuant to an agreement under subsection (a), 1⁄6 of the principal of and interest on each eligible loan of the individual which is outstanding on the date the individual began service pursuant to the agreement; and (B) for completion of the sixth and final year of such service, the remainder of such principal and interest. (2) Maximum amount The total amount of payments under this section to any individual shall not exceed $250,000. (c) Eligible loans The loans eligible for repayment under this section are each of the following: (1) Any loan for education in mental health or a related field leading to a master’s degree, leading to a doctoral degree, or consisting of post-doctoral study. (2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). (3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. (4) Any other Federal loan as determined appropriate by the Secretary. (d) Period of service The period of service required by an agreement under subsection (a) shall consist of up to 6 years of full-time employment, with no more than one year passing between any two years of covered employment, as a mental health professional in the United States in a mental health professional shortage area. (e) Ineligibility for double benefits No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both— (1) this subsection; and (2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. (f) Breach (1) Liquidated damages formula The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). (2) Limitation The failure by an individual to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the individual completed in good faith the years of service for which payments were made to the individual under this section. (g) Additional criteria The Secretary— (1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and (2) shall give notice to the committees specified in subsection (h) of any criteria and rules so established. (h) Report to congress Not later than 5 years after the date of enactment of the Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021 , and every other year thereafter, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on— (1) the number and location of borrowers who have qualified for loan repayments under this section; and (2) the impact of this section on the availability of mental health services in mental health professional shortage areas. (i) Definition In this section: (1) The term mental health professional means a full-time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. (2) The term mental health professional shortage area means— (A) an area designated under section 332 with respect to a shortage of mental health professionals; or (B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2031. . | https://www.govinfo.gov/content/pkg/BILLS-117s1578is/xml/BILLS-117s1578is.xml |
117-s-1579 | II 117th CONGRESS 1st Session S. 1579 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Kaine introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To appropriately limit the use of riot control agents.
1. Short title This Act may be cited as the Preventing the Misuse of Tear Gas Act . 2. Findings Congress finds the following: (1) Riot control agents are heavily regulated on the battlefield and have been banned by the international community under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Geneva September 3, 1992, and entered into force April 29, 1997 (commonly referred to as the Chemical Weapons Convention ). (2) The Centers for Disease Control and Prevention recognize that exposure to riot control agents can impose both immediate and long term health effects, including blindness, glaucoma, cataracts, asthma, burns, and respiratory failure possibly resulting in death. (3) Riot control agents cause respiratory distress and pose particular challenges in urban communities, and among minority populations, where incidences of respiratory illness are disproportionately high. (4) Riot control agents cause respiratory distress and pose significant challenges during the COVID–19 pandemic due to the damage that the pandemic has inflicted to respiratory systems of millions of people. (5) If the use of riot control agents is regulated on the battlefield, their indiscriminate use against civilian populations should not be allowed. (6) Limiting the use of riot control agents to stop violent behavior can be a valid strategy to de-escalate violence and avoid greater use of force by law enforcement. (7) In particular, riot control agents should not be deployed against persons behaving peacefully. 3. Definitions In this Act: (1) Law enforcement officer The term law enforcement officer — (A) means any officer of the United States, a State, or a unit of local government, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State; and (B) includes a member of the Armed Forces (including any reserve component) under orders to act in a policing capacity in the United States. (2) Riot control agent The term riot control agent — (A) means any chemical that— (i) is not included on any schedule of chemicals contained in the Annex on Chemicals of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Geneva September 3, 1992, and entered into force April 29, 1997 (commonly referred to as the Chemical Weapons Convention ); and (ii) can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure; and (B) includes the chemical compounds 2-chlorobenzalmalononitrile, chloroacetophenone, and oleoresin capsicum. (3) Violent activity The term violent activity means activity causing physical injury to persons or serious property damage. 4. Use of force standard related to the use of riot control agents (a) Federal law enforcement on use of force policy requirement Beginning with the first fiscal year that begins after the date of enactment of this Act, all Federal law enforcement agencies shall have in effect a clear set of policies related to the use of force that clearly states that— (1) the use of riot control agents or similar irritants should be avoided wherever possible against non-violent civilians and only deployed to stop violent activity; and (2) the use of riot control agents or similar irritants to quell violent activity should be directed in way that minimizes any impact on those not participating in the violent activity. (b) State and local law enforcement use of force requirement Beginning with the first fiscal year that begins after the date of enactment of this Act, in order to be eligible to receive funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq.) and part Q of title I of such Act ( 34 U.S.C. 10381 et seq.), a State or unit of local government shall have in effect a law or policy, and be in substantial compliance with such law or policy, establishing use of force standards for law enforcement officers that clearly state that— (1) the use of riot control agents or similar irritants should be avoided wherever possible against non-violent civilians and only deployed to stop violent activity; and (2) the use of riot control agents or similar irritants to quell violent activity should be directed in way that minimizes any impact on those not participating in the violent activity. | https://www.govinfo.gov/content/pkg/BILLS-117s1579is/xml/BILLS-117s1579is.xml |
117-s-1580 | II 117th CONGRESS 1st Session S. 1580 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mrs. Blackburn (for herself, Mr. Braun , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 235(b)(2)(C) of the Immigration and Nationality Act to require the implementation of the Migrant Protection Protocols.
1. Short title This Act may be cited as the Make the Migrant Protection Protocols Mandatory Act of 2021 . 2. Mandatory implementation of the Migrant Protection Protocols Section 235(b)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2)(C) ) is amended by striking may and inserting shall . | https://www.govinfo.gov/content/pkg/BILLS-117s1580is/xml/BILLS-117s1580is.xml |
117-s-1581 | II 117th CONGRESS 1st Session S. 1581 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Durbin (for himself, Mr. Rubio , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Administrator of the Federal Emergency Management Agency to carry out a pilot program to enhance the mapping of urban flooding and associated property damage and the availability of that mapped data to homeowners, businesses, and localities to help understand and mitigate the risk of such flooding, and for other purposes.
1. Short title This Act may be cited as the Flood Mapping Modernization and Homeowner Empowerment Pilot Program Act of 2021 . 2. Flood mapping modernization and homeowner empowerment pilot program (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Coastal The term coastal means, with respect to a unit of general local government, that the unit borders a body of water that— (A) is more than 2,000 square miles in size; and (B) is not a river. (3) Pelagic The term pelagic means, with respect to a unit of general local government, that— (A) the unit is a coastal unit; and (B) the body of water that the unit borders is— (i) an ocean; or (ii) a large, open body of water, including a bay or a gulf, that empties into an ocean. (4) Pilot program The term pilot program means the pilot program carried out by the Administrator under this section. (5) Urban flooding The term urban flooding — (A) means the inundation, by water, of property in a built environment, particularly in a densely populated area, that— (i) is caused by falling rain— (I) collecting on an impervious surface; or (II) increasing the level of a body of water that is located near that built environment; and (ii) overwhelms the capacity of drainage systems in the built environment, such as storm sewers; (B) includes— (i) a situation in which stormwater enters a building through a window, door, or other opening; (ii) the backup of water through a sewer pipe, shower, toilet, sink, or floor drain; (iii) the seepage of water through a wall or a floor; (iv) the accumulation of water on property or a public right-of-way; and (v) the overflow from a body of water, such as a river, lake, or ocean; and (C) does not include flooding in an undeveloped or agricultural area. (6) Urbanized area The term urbanized area means an area that has been defined and designated as an urbanized area by the Bureau of the Census during the most recently completed decennial census. (b) Establishment The Administrator shall carry out a pilot program to make grants to units of local government to— (1) enhance the production of maps relating to urban flooding and associated property damage; and (2) increase the availability of the maps described in paragraph (1) to homeowners, businesses, and units of local government to enable those entities to minimize the risk of urban flooding. (c) Objectives Amounts from grants made under the pilot program may be used only to carry out activities that meet the following objectives: (1) Developing a methodology for assessing the risk of urban flooding through the deployment of technology-based mapping tools that— (A) are easily understandable by the public; and (B) effectively convey information regarding the level of flood risk. (2) Providing structure-specific projections of annual chance flood frequency. (3) Providing structure-based flood risk assessments. (4) Providing program design for the mitigation of the risk of urban flooding. (5) Incorporating information regarding climate trends into urban flooding risk assessments. (6) Making the information described in this subsection publicly available on the internet through a web-based portal so as to increase transparency regarding homeowner flood risks. (d) Eligible recipients (1) In general A grant under the pilot program may be made only to— (A) a unit of general local government that is located in an urbanized area with a population of more than 50,000 individuals; or (B) a stormwater management authority of a unit of general local government described in subparagraph (A). (2) One-time grants A grant under the pilot program may not be made to— (A) any unit of general local governmental, or the stormwater management authority of a unit of general local government, that previously received a grant under the pilot program; (B) any unit of general local government if the stormwater management agency for that unit previously received a grant under the pilot program; or (C) any stormwater management agency of a unit of general local government if that unit previously received a grant under the pilot program. (3) Treatment of certain stormwater management authorities (A) In general In the case of a stormwater management authority that operates with respect to more than 1 unit of general local government, the application of that authority shall be considered for purposes of paragraph (2) of this subsection and subsections (f), (g), and (h)(1) to be made for the largest unit of general local government with respect to which that authority operates. (B) Rule of construction Nothing in subparagraph (A) may be construed to limit the ability of a stormwater management authority described in that subparagraph to carry out activities under a demonstration project in any other jurisdiction in, or with respect to any other unit of local government with, which that authority operates. (e) Applications To be eligible for a grant under the pilot program, a unit of general local government or a stormwater management agency shall submit to the Administrator an application in such form and containing such information as the Administrator shall require. (f) Selection of recipients (1) Annual selection Subject to paragraph (2), and to the submission of approvable applications, in each fiscal year for which amounts are made available for grants under the pilot program, the Administrator shall select, from among applications submitted under subsection (e) for that fiscal year, 3 units of general government or stormwater management authorities to receive grants under the pilot program. (2) Aggregate limit Subject only to the submission of approvable applications, the Administrator shall select, in the aggregate over the entire duration of the pilot program, 12 units of general government or stormwater management authorities to receive grants under the pilot program, as follows: (A) Tier 1 Three of the applicants selected shall be units of general local government, or stormwater management authorities for those units, each of which has a population of more than 800,000 individuals, as follows: (i) Pelagic coastal city One shall be— (I) a unit of general local government that is a pelagic unit; or (II) a stormwater authority for a unit described in subclause (I). (ii) Non-pelagic coastal city One shall be— (I) a unit of general local government that— (aa) is a coastal unit; and (bb) is not a pelagic unit; or (II) a stormwater authority for a unit described in subclause (I). (iii) Non-coastal city One shall be— (I) a unit of general local government that is not a coastal unit; or (II) a stormwater authority for a unit described in subclause (I). (B) Tier 2 Six of the applicants selected shall be units of general local government, or stormwater management authorities for those units, each of which has a population of more than 200,000 individuals and not more than 800,000 individuals, as follows: (i) Coastal cities Three shall be— (I) units of general local government that are coastal units; or (II) stormwater management authorities for units described in subclause (I). (ii) Non-coastal cities Three shall be— (I) units of general local government that are not coastal units; or (II) stormwater management authorities for units described in subclause (I). (C) Tier 3 Three of the applicants selected shall be— (i) units of general local government, each of which has a population of more than 50,000 individuals and not more than 200,000 individuals; or (ii) stormwater management authorities for units described in clause (i). (g) Priority (1) In general The Administrator shall select applicants for grants under the pilot program based on the extent to which the applications of those applicants shall achieve the objectives described in subsection (c). (2) Tiers 2 and 3 In selecting applicants to receive grants under the pilot program under subparagraphs (B) and (C) of subsection (f)(2), the Administrator shall give priority to applicants— (A) that are highly vulnerable to sea level rise; (B) within which are located a military installation or another facility relating to national security concerns; or (C) that have— (i) populations that are highly vulnerable to urban flooding; and (ii) an uneven capacity for flood mitigation and response efforts resulting from socioeconomic factors. (h) Amount (1) Considerations In determining the amount of a grant under the pilot program, the Administrator shall consider the population of the grant recipient, which may be considered in terms of the tier under subsection (f)(2) with respect to the recipient. (2) Federal share The amount of a grant under the pilot program may not exceed 75 percent of the total cost incurred in carrying out the activities described in subsection (c). (i) Duration The Administrator shall require each recipient of a grant under the pilot program to complete the activities described in subsection (c), which shall be, subject to subsection (h)(2), carried out using the grant amounts, not later than 18 months after the date on which the recipient initially receives the grant amounts under the pilot program. (j) Use of census data The Administrator shall make all determinations regarding population under the pilot program by using data from the most recently completed decennial census by the Bureau of the Census. (k) Grantee reports to FEMA Each recipient of a grant under the pilot program shall, not later than 30 months after the date on which the recipient initially receives the grant amounts, submit to the Administrator a report that describes— (1) the activities carried out with the grant amounts; (2) how the activities carried out with the grant amounts have met the objectives described in subsection (c); (3) any lessons learned in carrying out the activities described in paragraph (2); and (4) any recommendations for future mapping modernization efforts by the Federal Emergency Management Agency. (l) Biennial reports by FEMA Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter until the date on which all activities carried out with amounts from grants under the pilot program are completed, the Administrator shall submit to Congress and make available to the public on an internet website a report that— (1) describes— (A) the progress of the activities carried out with amounts from those grants; and (B) the effectiveness of technology-based mapping tools used in carrying out the activities described in subparagraph (A); and (2) with respect to the final report that the Administrator is required to submit under this subsection, includes recommendations to Congress and the executive branch of the Federal Government for implementing strategies, practices, and technologies to mitigate the effects of urban flooding. (m) Sense of Congress It is the sense of Congress that, because the pilot program is limited with respect to scope and resources, communities that participate in the pilot program should acknowledge that the most successful efforts to mitigate the effects of urban flooding— (1) take a structural-based mitigation approach with respect to construction, which includes— (A) recognizing any post-storm damage that may occur; and (B) pursuing designs that proactively minimize future flood damage; (2) make individuals in the community aware, through any cost-effective and available means of education, of the best approaches regarding the construction of properties that are able to survive floods, which reduces the cost of future repairs; and (3) encourage home and property owners to consider the measures described in paragraphs (1) and (2), which are the most cost-effective and prudent ways to reduce the impact of flooding, when constructing or renovating building components. (n) Funding There are authorized to be appropriated for grants under the pilot program— (1) $1,200,000 for fiscal year 2022; and (2) $4,300,000 for fiscal year 2023, to remain available through fiscal year 2025. | https://www.govinfo.gov/content/pkg/BILLS-117s1581is/xml/BILLS-117s1581is.xml |
117-s-1582 | II 117th CONGRESS 1st Session S. 1582 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Tuberville (for himself, Mr. Tillis , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for enhanced Federal enforcement of, and State and local assistance in the enforcement of, the immigration laws of the United States, and for other purposes.
1. Short title This Act may be cited as the Empowering Law Enforcement Act of 2021 . 2. State defined In this Act, the term State has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(36) ). 3. Federal affirmation of immigration law enforcement by States and political subdivisions of States Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), for the purpose of assisting in the enforcement of the immigration laws of the United States in the normal course of carrying out their law enforcement duties. This State authority has never been displaced or preempted by Federal law. 4. Listing of immigration violators in the national crime information center database (a) Provision of information to the National Crime Information Center (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the National Crime Information Center of the Department of Justice (referred to in this section as the NCIC ) any information in the possession of the Secretary related to— (A) any alien against whom a final order of removal has been issued; (B) any alien who is subject to a voluntary departure agreement; (C) any alien who has remained in the United States beyond the alien’s authorized period of stay; and (D) any alien whose visa has been revoked. (2) Requirement to provide and use information The information described in paragraph (1) shall be submitted to the NCIC, and the NCIC shall enter such information into the Immigration Violators File of the NCIC database, regardless of whether— (A) the alien received notice of a final order of removal; (B) the alien has already been removed; or (C) sufficient identifying information is available for the alien, such as a physical description of the alien. (b) Inclusion of information about immigration law violations in the NCIC database Section 534(a) of title 28, United States Code, is amended— (1) in paragraph (3), by striking and at the end; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: (4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States, regardless of whether the alien has received notice of the violation, sufficient identifying information is available for the alien, or the alien has already been removed; and . (c) Permission To depart voluntarily Section 240B of the Immigration and Nationality Act ( 8 U.S.C. 1229c ) is amended— (1) by striking Attorney General each place that term appears and inserting Secretary of Homeland Security ; and (2) in subsection (a)(2)(A), by striking 120 days and inserting 30 days . 5. Federal custody of illegal aliens apprehended by State or local law enforcement (a) In general Title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq.) is amended by inserting after section 240C the following: 240D. Transfer of illegal aliens from State to Federal custody (a) Illegal alien defined In this section, the term illegal alien means an alien who— (1) entered the United States without inspection or at any time or place other than that designated by the Secretary of Homeland Security; (2) was admitted as a nonimmigrant and, at the time the alien was taken into custody by the State or political subdivision, had failed— (A) to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or (B) to comply with the conditions of the status described in subparagraph (A); (3) was admitted as an immigrant and subsequently failed to comply with the requirements of such status; or (4) failed to depart the United States as required under a voluntary departure agreement or under a final order of removal. (b) In general If the head of a law enforcement entity of a State (or, if appropriate, a political subdivision of the State), exercising authority with respect to the apprehension or arrest of an illegal alien, submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary shall— (1) (A) not later than 72 hours after the conclusion of the State charging process or dismissal process (or if no State charging or dismissal process is required, not later than 72 hours after the alien is apprehended), take the alien into the custody of the Federal Government and incarcerate the alien; or (B) request that the relevant State or local law enforcement agency temporarily detain or transport the alien to a location for transfer to Federal custody; and (2) designate at least 1 Federal, State, or local prison or jail or a private contracted prison or detention facility within each State as the central facility for law enforcement entities of such State to transfer custody of criminal or illegal aliens to the Department of Homeland Security. (c) Reimbursement (1) In general The Secretary of Homeland Security shall reimburse a State or a political subdivision of a State for all reasonable expenses, as determined by the Secretary, incurred by the State or political subdivision in the detention and transportation of a criminal or illegal alien under subsection (b)(1). (2) Cost computation The amount reimbursed for costs incurred in the detention and transportation of a criminal or illegal alien under subsection (b)(1) shall be equal to the sum of— (A) the product of— (i) the average cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of the State (or, as appropriate, a political subdivision of the State); and (ii) the number of days that the alien was in the custody of the State or political subdivision; and (B) the cost of transporting the criminal or illegal alien from the point of apprehension or arrest to— (i) the location of detention; and (ii) if the location of detention and of custody transfer are different, to the custody transfer point. (d) Requirement for appropriate security The Secretary of Homeland Security shall ensure that illegal aliens incarcerated in Federal facilities under this section are held in facilities that provide an appropriate level of security. (e) Schedule requirement (1) In general In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transfer of apprehended illegal aliens from the custody of States and political subdivisions of States to Federal custody. (2) Authority for contracts The Secretary of Homeland Security may enter into contracts with appropriate State and local law enforcement and detention officials to implement this section. . (b) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 240C the following: Sec. 240D. Transfer of illegal aliens from State to Federal custody. . 6. Detention of dangerous aliens (a) In general Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) ) is amended— (1) by striking Attorney General each place such term appears, except for the first reference in paragraph (4)(B)(i), and inserting Secretary of Homeland Security ; (2) in paragraph (1), by striking subparagraphs (B) and (C) and inserting the following: (B) Beginning of period The removal period begins on the latest of— (i) the date on which the order of removal becomes administratively final; (ii) if the alien is not in the custody of the Secretary of Homeland Security on the date on which the order of removal becomes administratively final, the date on which the alien is taken into such custody; or (iii) if the alien is detained or confined (except under an immigration process) on the date on which the order of removal becomes administratively final, the date on which the alien is taken into the custody of the Secretary of Homeland Security after the alien is released from such detention or confinement. (C) Extension of period (i) In general The removal period shall be extended beyond a period of 90 days and the Secretary of Homeland Security may, in the Secretary’s sole discretion, keep the alien in detention during such extended period if— (I) the alien fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including— (aa) making timely application in good faith for travel or other documents necessary for the alien’s departure; or (bb) conspiring or acting to prevent the removal of an alien that is subject to an order of removal; (II) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal; (III) the Secretary lawfully transfers custody of the alien to another Federal agency or to a State or local government agency in connection with the official duties of such agency; or (IV) a court or the Board of Immigration Appeals orders a remand to the immigration judge or to the Board of Immigration Appeals while the case is pending a decision on remand (with the removal period beginning anew on the date on which the alien is ordered removed on remand). (ii) Renewal If the removal period has been extended pursuant to clause (i), a new removal period shall begin on the date on which— (I) the alien makes all reasonable efforts to comply with the removal order or to fully cooperate with the Secretary of Homeland Security’s efforts to establish the alien’s identity and carry out the removal order; (II) the stay of removal is no longer in effect; or (III) the alien is returned to the custody of the Secretary. (iii) Mandatory detention for certain aliens The Secretary shall keep an alien described in section 236(c)(1) in detention during the extended period described in clause (i). (iv) Sole form of relief An alien may seek relief from detention under this subparagraph by filing an application for a writ of habeas corpus in accordance with chapter 153 of title 28, United States Code. No alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond. ; (3) in paragraph (3)— (A) by inserting or is not detained pursuant to paragraph (6) after removal period ; and (B) in subparagraph (D), by inserting in order to prevent the alien from absconding, for the protection of the community, or for other purposes related to the enforcement of the immigration laws before the period at the end; (4) in paragraph (4)(A), by striking paragraph (2) and inserting in subparagraph (B) ; and (5) by amending paragraph (6) to read as follows: (6) Additional rules for detention or release of certain aliens (A) Detention review process for cooperative aliens (i) In general The Secretary of Homeland Security shall establish an administrative review process to determine whether an alien who is not otherwise subject to mandatory detention, who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary’s efforts to establish the alien’s identity and to carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure, and who has not conspired or acted to prevent removal, should be detained or released on conditions. (ii) Determination The Secretary of Homeland Security shall determine whether to release an alien after the removal period in accordance with subparagraph (B). Such determination shall include the consideration of any evidence submitted by the alien and may include the consideration of any other evidence, including any information or assistance provided by the Secretary of State or other Federal official and any other information available to the Secretary of Homeland Security pertaining to the ability to remove the alien. (B) Authority to detain beyond removal period (i) In general The Secretary of Homeland Security, in the sole discretion of the Secretary, may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period under paragraph (1)(C)). An alien whose detention is extended under this subparagraph is not entitled to seek release on bond. (ii) Specific circumstances The Secretary of Homeland Security, in the sole discretion of the Secretary, may continue to detain an alien beyond the 90 days authorized under clause (i)— (I) until the alien is removed, if the Secretary, in the sole discretion of the Secretary, determines that there is a significant likelihood that the alien— (aa) will be removed in the reasonably foreseeable future; or (bb) would be removed in the reasonably foreseeable future, or would have been removed, but for the alien’s failure or refusal to make all reasonable efforts to comply with the removal order, or to cooperate fully with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure, or conspires or acts to prevent removal; (II) until the alien is removed, if the Secretary of Homeland Security certifies in writing— (aa) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety; (bb) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States; (cc) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; or (dd) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or any person, and either— (AA) the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)(A)), of 1 or more crimes identified by the Secretary of Homeland Security by regulation, or of 1 or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, if the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or (BB) the alien has committed 1 or more crimes of violence (as defined in section 16 of title 18, United States Code), excluding purely political offenses, and the alien, because of a mental condition or personality disorder and behavior associated with such condition or disorder, is likely to engage in acts of violence in the future; or (III) pending a certification under subclause (II), if the Secretary of Homeland Security initiates the administrative review process not later than 30 days after the expiration of the removal period (including any extension of the removal period under paragraph (1)(C)). (iii) No right to bond hearing An alien whose detention is extended under this subparagraph is not entitled to seek release on bond, including by reason of a certification under clause (ii)(II). (C) Renewal and delegation of certification (i) Renewal The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii)(II) every 6 months, after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew the certification, the Secretary may not continue to detain the alien under subparagraph (B)(ii)(II). (ii) Delegation Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (bb), (cc), or (dd) of subparagraph (B)(ii)(II) below the level of the Assistant Secretary for Immigration and Customs Enforcement. (iii) Hearing The Secretary of Homeland Security may request that the Attorney General or the Attorney General’s designee provide for a hearing to make the determination described in item (dd)(BB) of subparagraph (B)(ii)(II). (D) Release on conditions If a Federal court or the Board of Immigration Appeals determines that an alien should be released from detention or if an immigration judge orders a stay of removal, the Secretary of Homeland Security, in discretion of the Secretary, may impose conditions on release in accordance with paragraph (3). (E) Redetention (i) In general The Secretary of Homeland Security, in the discretion of the Secretary, without any limitations other than those specified in this section, may redetain any alien subject to a final removal order who is released from custody if— (I) removal becomes likely in the reasonably foreseeable future; (II) the alien fails to comply with the conditions of release or to continue to satisfy the conditions described in subparagraph (A); or (III) upon reconsideration, the Secretary, in the sole discretion of the Secretary, determines that the alien can be detained under subparagraph (B). (ii) Applicability This section shall apply to any alien returned to custody pursuant to this subparagraph as if the removal period terminated on the first day of such redetention. (F) Review of determinations by secretary A determination by the Secretary of Homeland Security under this paragraph shall not be subject to review by any other agency. . (b) Detention of aliens during removal proceedings Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended— (1) by striking Attorney General each place such term appears (except in the second place the term appears in subsection (a)) and inserting Secretary of Homeland Security ; (2) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting the Secretary of Homeland Security or before the Attorney General— ; and (B) in paragraph (2)(B), by striking conditional parole; and inserting recognizance; ; (3) in subsection (b), by striking parole and inserting recognizance ; (4) in subsection (c), by amending paragraph (1) to read as follows: (1) Custody (A) In general The Secretary of Homeland Security shall take into custody any alien described in paragraph (2) or (3) of section 212(a) or paragraph (2) or (4) of section 237(a), or who has no lawful status in the United States and has been convicted for driving while intoxicated (including a conviction for driving while under the influence or impaired by alcohol or drugs), any time after the alien is released, regardless of whether the alien— (i) is released related to any activity, offense, or conviction described in this paragraph; (ii) is released on parole, supervised release, or probation; or (iii) may be arrested or imprisoned again for the same offense. (B) Subsequent custody If activity, offense, or conviction described in subparagraph (A) does not result in the alien being taken into custody, the Secretary of Homeland Security shall take such alien into custody— (i) when the alien is brought to the attention of the Secretary; or (ii) when the Secretary determines it is practical to take such alien into custody. ; (5) in subsection (e), by striking Attorney General’s and inserting Secretary of Homeland Security’s ; and (6) by adding at the end the following: (f) Length of detention (1) In general Notwithstanding any other provision of this section, an alien may be detained under this section, and an alien described in subsection (c) shall be detained, without time limitation, except as provided in subsection (g), during the pendency of removal proceedings. (2) Construction The length of detention under this section shall not affect a detention authorized under section 241. (g) Release on bond (1) In general An alien detained under subsection (a) may seek release on bond. No bond may be granted unless the alien establishes, by clear and convincing evidence, that the alien is not a flight risk or a risk to another person or to the community. (2) Certain aliens ineligible No alien detained under subsection (c) may seek release on bond. . (c) Effective dates (1) Subsection (a) The amendments made by subsection (a) shall take effect upon the date of the enactment of this Act, and section 241 of the Immigration and Nationality Act, as amended, shall apply to— (A) all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; and (B) acts and conditions occurring or existing before, on, or after such date. (2) Subsection (b) The amendments made by subsection (b) shall take effect upon the date of the enactment of this Act, and section 236 of the Immigration and Nationality Act, as amended, shall apply to any alien in detention under provisions of such section on or after such date. 7. Immigration law enforcement training of State and local law enforcement personnel (a) Training manual and pocket guide (1) Publication Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish— (A) a training manual for State and local law enforcement personnel to train such personnel in the investigation, identification, apprehension, arrest, detention, and transfer to Federal custody of aliens in the United States, including— (i) the transportation of such aliens across State lines to detention centers; and (ii) the identification of fraudulent documents; and (B) an immigration enforcement pocket guide for State and local law enforcement personnel to provide a quick reference for such personnel in the course of duty. (2) Availability The training manual and pocket guide published under paragraph (1) shall be made available to all State and local law enforcement personnel. (3) Applicability Nothing in this subsection may be construed to require State or local law enforcement personnel to keep the training manual or pocket guide with them while on duty. (4) Costs The Secretary shall be responsible for all costs incurred in the publication of the training manual and pocket guide under this subsection. (b) Training flexibility (1) In general The Secretary of Homeland Security shall make training available to State and local law enforcement officers through as many means as possible, including— (A) residential training at— (i) the Federal Law Enforcement Training Center (FLETC) of the Department of Homeland Security in Glynco, Georgia; and (ii) the Center for Domestic Preparedness of the Federal Emergency Management Agency in Anniston, Alabama; (B) onsite training held at State or local police agencies or facilities; (C) online training courses by computer, teleconferencing, and videotape; and (D) recording training courses on DVD. (2) Online training The head of the FLETC Learning Center shall make training available for State and local law enforcement personnel through the Internet using a secure, encrypted distributed learning system that— (A) has all its servers based in the United States; (B) is sealable and survivable; and (C) is capable of having a portal in place not later than 30 days after the date of the enactment of this Act. (3) Federal personnel training The training of State and local law enforcement personnel under this section may not displace the training of Federal personnel. (c) Rule of construction Nothing in this Act or in any other provision of law may be construed as making any immigration-related training a requirement for, or a prerequisite to, any State or local law enforcement officer exercising the inherent authority of the officer to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody illegal aliens during the normal course of carrying out the law enforcement duties of the officer. (d) Training limitation Section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ) is amended— (1) by striking Attorney General each place that term appears and inserting Secretary of Homeland Security ; and (2) in paragraph (2), by adding at the end the following: Training described in this paragraph may not exceed 14 days or 80 hours, whichever is longer. . 8. Immunity (a) Personal immunity (1) In general Notwithstanding any other provision of law, a law enforcement officer of a State or of a political subdivision of a State shall be immune from personal liability arising out of the enforcement of any immigration law to the same extent as a Federal law enforcement officer is immune. (2) Applicability The immunity provided under paragraph (1) only applies to an officer of a State, or of a political subdivision of a State, who is acting within the scope of such officer’s official duties. (b) Agency immunity Notwithstanding any other provision of law, a law enforcement agency of a State, or of a political subdivision of a State, shall be immune from any claim for money damages based on Federal, State, or local civil rights law for an incident arising out of the enforcement of any immigration law, except to the extent that the law enforcement officer of that agency, whose action the claim involves, committed a violation of Federal, State, or local criminal law in the course of enforcing such immigration law. | https://www.govinfo.gov/content/pkg/BILLS-117s1582is/xml/BILLS-117s1582is.xml |
117-s-1583 | II 117th CONGRESS 1st Session S. 1583 IN THE SENATE OF THE UNITED STATES May 12, 2021 Ms. Cortez Masto (for herself, Mrs. Feinstein , Ms. Rosen , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Lake Tahoe Restoration Act, and for other purposes.
1. Short title This Act may be cited as the Lake Tahoe Restoration Reauthorization Act . 2. Reauthorization of the Lake Tahoe Restoration Act (a) Cooperative authorities Section 4(f) of the Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2353; 130 Stat. 1783) is amended by striking 4 fiscal years following the date of enactment of the Water Resources Development Act of 2016 and inserting period beginning on the date of enactment of this subsection and ending on the date described in section 10(a) . (b) Authorization of appropriations Section 10(a) of the Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2357; 130 Stat. 1789) is amended by striking for a period and all that follows through the period at the end and inserting , to remain available until September 30, 2034. . | https://www.govinfo.gov/content/pkg/BILLS-117s1583is/xml/BILLS-117s1583is.xml |
117-s-1584 | II 117th CONGRESS 1st Session S. 1584 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To create a 2020 Census Federal Advisory Committee on Transparency and Standards.
1. Short title This Act may be cited as the Census Federal Advisory Committee on Transparency and Standards Act or the Census FACTS Act . 2. Findings and purposes (a) Findings Congress finds the following: (1) The decennial census is a nonpartisan activity, written into the Constitution of the United States and conducted since 1790, the purpose of which is to allocate political representation based on population. (2) Article I, section 2 of the Constitution of the United States vests Congress with the authority to conduct a decennial enumeration and thereafter determine the apportionment of the Members of the House of Representatives among the States. (3) The placement of that constitutional language reflects a recognition that apportionment is core to the nature and the exercise of legislative power. (4) Members of the House of Representatives are allocated in proportion to the respective population of the States, whereas the Members of the Senate are fixed at 2 Senators per State. (5) The apportionment of Members of the House of Representatives among the States fundamentally shapes the composition of Congress and, particularly, the composition of the House of Representatives. (6) The House of Representatives therefore has a significant interest in apportionment and, with the Senate, the constitutional prerogative to oversee and command the method of apportionment. (7) Census data also inform decisions about allocating seats in State legislatures, city councils, and other civic governing bodies. (8) In addition, census data guide the distribution of Federal funds for Medicare and Medicaid, low-income family assistance, highway infrastructure, and many other programs. (9) The Supreme Court of the United States recognized in Wisconsin v. City of New York, 517 U.S. 1 (1996), that the Constitution vests Congress with wide discretion over apportionment decisions and the conduct of the census . (10) The Supreme Court also recognized in Department of Commerce v. Montana, 503 U.S. 442 (1992), that, in the context of enumeration and apportionment, Article I, § 8, cl. 18, expressly authorizes Congress to enact legislation that shall be necessary and proper to carry out its delegated responsibilities. . The Supreme Court observed that Congress may change its apportionment rules at any time . (11) In March 2020, shortly after the beginning of census data collection, the COVID–19 pandemic disrupted the 2020 Census operational plan, leading to delays and requiring more time to conduct and complete census operations. Accordingly, on April 13, 2020, the Census Bureau adopted a plan that sought to extend the schedule for data collection and processing and the Secretary of Commerce’s reports of population tabulations to the President and the States under subsections (b) and (c) of section 141 of title 13, United States Code. The timeline of the Census Bureau dictated that data processing and quality improvement activities would take 6 months. (12) On August 3, 2020, the Director of the Census Bureau changed course and announced a replan that significantly reduced the COVID–19 timeframes for in-person data collection and cut data processing timeframes by half. The Census Bureau conducted its field operations on a shortened timeline while battling a global pandemic, social unrest, and severe natural disasters in California, Louisiana, and Texas. (b) Purpose The purpose of this Act is to appoint an expert, nonpartisan Federal advisory committee to evaluate and advise Congress on— (1) the independence and scientific integrity of the Census Bureau and the 2020 Census; (2) the plan of the Census Bureau to deliver the most accurate State-level population figures and data necessary for apportionment, redistricting, and census-guided Federal assistance; and (3) recommendations to ensure that future decennial censuses are nonpartisan, full, fair, and accurate. 3. 2020 Census Federal Advisory Committee on Transparency and Standards (a) Definition In this section, the term Advisory Committee means the 2020 Census Federal Advisory Committee on Transparency and Standards established under subsection (b). (b) Establishment There is established the 2020 Census Federal Advisory Committee on Transparency and Standards to— (1) review 2020 Census operations and decision making in order to make policy and legislative recommendations, with a focus on— (A) the independence and scientific integrity of the Census Bureau and the data products of the Census Bureau; (B) deviations from the Census Bureau’s independent and apolitical mission of enumeration; (C) disruptions of standard practices and timelines in response to the global coronavirus pandemic, natural disasters, and other unforeseen events; and (D) the level of transparency, public participation, and responsiveness on the part of the Census Bureau in making its determinations, including tradeoffs between protecting privacy and confidentiality and assuring the high quality and usability of the data; (2) assess how decisions concerning the 2020 Census affected the quality and accuracy of the enumeration of the people of the United States; and (3) consider factors related to the 2020 Census that may have dampened participation in self-response. (c) Member qualifications The Census Bureau shall enter into an agreement with the Committee on National Statistics of the National Academies of Sciences, Engineering, and Medicine to identify 20 distinguished scientists, experts, and stakeholders who— (1) have— (A) knowledge about or direct experience with the decennial census, including direct experience with historically undercounted and hard-to-reach communities; or (B) knowledge about or direct experience in the data sciences; and (2) could potentially serve on the Advisory Committee. (d) Composition The Advisory Committee shall be composed of 6 members selected from the individuals identified under subsection (c), of whom— (1) 1 shall be appointed by the majority leader of the Senate; (2) 1 shall be appointed by the minority leader of the Senate; (3) 1 shall be appointed by the Speaker of the House of Representatives; (4) 1 shall be appointed by the minority leader of the House of Representatives; and (5) 2 shall be appointed by the President. (e) Chair The President shall designate a member of the Advisory Committee to be the Chair. (f) Period of appointment Members of the Advisory Committee shall be appointed for the life of the Advisory Committee. (g) Vacancy A vacancy in the Advisory Committee shall be filled in the manner in which the original appointment was made. (h) Appointment deadline Each member of the Advisory Committee shall be appointed not later than 14 days after the date of enactment of this Act. (i) Powers of Advisory Committee (1) Meetings (A) Initial meeting Not later than 20 days after the date of enactment of this Act, the Advisory Committee shall hold its first meeting. (B) Quorum Four members of the Advisory Committee shall constitute a quorum. (C) Meetings (i) In general The Advisory Committee shall regularly meet at the call of the Chair. (ii) Remote meetings Meetings of the Advisory Committee may be carried out through the use of telephonic, internet, or other appropriate telecommunication technology if the Advisory Committee determines that the technology will allow the members to communicate simultaneously. (D) Public access (i) In general Subject to clause (ii), the Advisory Committee shall conduct any deliberations concerning the matters described in subsection (b) in a public meeting. (ii) Closed portions The Advisory Committee may close a portion of a meeting only if the Chair determines that the closing is permitted under section 552b(c) of title 5, United States Code, and is necessary. (iii) Remote access Public access to the meetings of the Advisory Committee may be granted through the use of telephonic, internet, or other appropriate telecommunication technology if— (I) the meetings are conducted through such technology; or (II) the Advisory Committee determines that such technology is sufficient to provide the public with access to meetings. (E) Notice Before each meeting, the Advisory Committee shall provide timely public notice of the time, place or communication technology, and subject of the meeting. (2) Hearings The Advisory Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive evidence as the Advisory Committee considers advisable to carry out the responsibilities of the Advisory Committee. (3) Information from Federal agencies The Advisory Committee may secure directly from any department or agency of the Federal Government such information as the Advisory Committee considers necessary to carry out the duties of the Advisory Committee. (4) Advisory Committee records (A) In general The Advisory Committee shall keep an accurate and complete record of the actions and meetings of the Advisory Committee. (B) Availability The Advisory Committee shall make each record described in subparagraph (A) available for public inspection, and the Comptroller General of the United States may audit and examine each such record. (5) Personnel records (A) In general The Advisory Committee shall keep an accurate and complete record of actions taken with respect to personnel of the Advisory Committee. (B) Availability The Advisory Committee shall make each record described in subparagraph (A) available for public inspection upon request, without disclosing personally identifiable information, and the Comptroller General of the United States may audit and examine each such record. (6) Privacy The Advisory Committee shall be bound by the same requirements for protection of confidential information as set forth in sections 9 and 214 of title 13, United States Code. (7) Compensation of members and travel expenses A member of the Advisory Committee shall serve without pay but shall receive travel expenses to perform the duties of the Advisory Committee, including per diem in lieu of subsistence, at rates authorized under subchapter I of chapter 57 of title 5, United States Code. (8) Contracting The Advisory Committee may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Advisory Committee to discharge the duties of the Advisory Committee under this section, including contracts to provide administrative support and other support as needed. (9) Expert and consultant services The Advisory Committee may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (10) Postal services The Advisory Committee may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (j) Reports (1) Definition In this subsection, the term appropriate recipients means— (A) the President; (B) the Secretary of Commerce. (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Oversight and Reform of the House of Representatives; and (F) the Committee on Appropriations of the House of Representatives. (2) Initial report (A) In general Not later than 45 days after the date on which the Advisory Committee holds its first meeting, the Advisory Committee shall submit an initial report on the findings of the Advisory Committee to the appropriate recipients. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) An analysis of the changes in Census Bureau operations due to the COVID–19 pandemic and other natural disasters, and the impact of those changes on the quality and accuracy of the 2020 Census data. (ii) An analysis of the deviations from the Census Bureau’s independent and apolitical mission of accurate enumeration during the 2020 Census and the impact of those deviations on the reliability of the data collected by the 2020 Census, particularly with respect to historically hard-to-count communities. (iii) An analysis of the policies and practices of the Census Bureau’s 2020 Census operations, and the impact of those policies and practices on achieving a full and accurate count, particularly of historically hard-to-count communities. (3) Final report (A) In general Not later than 180 days after the date on which the Advisory Committee holds its first meeting, the Advisory Committee shall submit a final report on the findings of the Advisory Committee to the appropriate recipients. (B) Contents The report submitted under subparagraph (A) shall include recommendations for Census Bureau policy and practice based on the analysis in the initial report submitted under paragraph (2). (k) FACA not applicable The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. (l) Termination of Advisory Committee The Advisory Committee shall terminate 30 days after the date on which the Advisory Committee submits the final report under subsection (j)(3). (m) Authorization of appropriations There is authorized to be appropriated to the Advisory Committee $750,000 for fiscal year 2021, to remain available until expended. 4. Population counts Section 22a of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(a) ), is amended by adding at the end the following: (d) State population counts For the purposes of adopting congressional district boundaries, the legislature of a State or any entity that is charged by a State with recommending or adopting such boundaries shall make its recommendations or determinations using total population data counting the whole number of persons in the State. . | https://www.govinfo.gov/content/pkg/BILLS-117s1584is/xml/BILLS-117s1584is.xml |
117-s-1585 | II 117th CONGRESS 1st Session S. 1585 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Kennedy (for himself and Ms. Sinema ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To add suicide prevention resources to school identification cards.
1. Short title This Act may be cited as the Improving Mental Health Access for Students Act . 2. Adding suicide prevention contact information to school identification cards (a) In general Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) (A) In the case of an institution that creates and distributes identification cards for students at any time after the date of enactment of this paragraph, such institution shall include phone contact information on each such card for the following organizations: (i) The National Suicide Prevention Lifeline. (ii) Crisis Text Line. (iii) A campus mental health center or program, as determined by the institution. (B) In the case of an institution that does not create and distribute identification cards for students at any time after the date of enactment of this paragraph, such institution shall publish the suicide prevention contact information specified in subparagraph (A) on the website of such institution. (C) If an organization in clause (i) or (ii) of subparagraph (A) ceases to exist, the Secretary may designate a different entity with a similar purpose to be included on the identification card. . (b) Effective date The amendment made by subsection (a) shall take effect beginning on the day that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1585cps/xml/BILLS-117s1585cps.xml |
117-s-1586 | II 117th CONGRESS 1st Session S. 1586 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Cotton (for himself, Mrs. Blackburn , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, relating to sentencing of armed career criminals.
1. Short title This Act may be cited as the Restoring the Armed Career Criminal Act . 2. Amendments to the Armed Career Criminal Act Section 924 of title 18, United States Code, is amended— (1) in subsection (a)(2), by striking (a)(6), (d), (g), (h), (i), (j), or (o) of section 922 and inserting (a)(6), (d), (h), (i), (j), or (o) of section 922, or, except as provided in subsection (e) of this section, subsection (g) of section 922 ; and (2) by striking subsection (e) and inserting the following: (e) (1) Whoever knowingly violates section 922(g) and has 3 or more previous serious felony convictions for offenses committed on occasions different from one another shall be fined under this title and imprisoned not less than 15 years and not more than 30 years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g). (2) In this subsection— (A) the term offense punishable by imprisonment for a statutory maximum term of not less than 10 years includes an offense (without regard to the application of any sentencing guideline, statutory criterion, or judgment that may provide for a shorter period of imprisonment within the statutory sentencing range) for which the statute provides for a range in the period of imprisonment that may be imposed at sentencing the maximum term of which is not less than 10 years; and (B) the term serious felony conviction means— (i) any conviction by a court referred to in section 922(g)(1) for an offense that, at the time of sentencing, was an offense punishable by imprisonment for a statutory maximum term of not less than 10 years; or (ii) any group of convictions for which a court referred to in section 922(g)(1) imposed in the same proceeding or in consolidated proceedings a total term of imprisonment of not less than 10 years, regardless of how many years of that total term the defendant served in custody. . 3. Applicability (a) In general The amendments made by this Act shall apply to any offense committed after the date of enactment of this Act by an individual who, on the date on which the offense is committed, has 3 or more previous serious felony convictions (as defined in subsection (e) of section 924 of title 18, United States Code, as amended by this Act). (b) Rule of construction This Act and the amendments made by this Act shall not be construed to create any right to challenge a sentence imposed under subsection (e) of section 924 of title 18, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s1586is/xml/BILLS-117s1586is.xml |
117-s-1587 | II 117th CONGRESS 1st Session S. 1587 IN THE SENATE OF THE UNITED STATES May 12, 2021 Ms. Rosen (for herself, Ms. Ernst , Ms. Duckworth , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To allow nonprofit child care providers to participate in the loan programs of the Small Business Administration.
1. Short title This Act may be cited as the Small Business Child Care Investment Act . 2. Small business loans for nonprofit child care providers Section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ) is amended by adding at the end the following: (10) Nonprofit child care providers (A) Definition In this paragraph, the term covered nonprofit child care provider means an organization— (i) that— (I) is in compliance with licensing requirements for child care providers of the State in which the organization is located; (II) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (III) is primarily engaged in providing child care for children from birth to compulsory school age; (ii) for which each employee and regular volunteer complies with the criminal background check requirements under section 658H(b) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f(b) ); and (iii) that may— (I) provide care for school-age children outside of school hours or outside of the school year; or (II) offer preschool or prekindergarten educational programs. (B) Eligibility for loan programs Notwithstanding any other provision of this subsection, a covered nonprofit child care provider shall be deemed to be a small business concern for purposes of any program under this Act or the Small Business Investment Act of 1958 ( 15 U.S.C. 661 et seq.) under which— (i) the Administrator may make loans to small business concerns; (ii) the Administrator may guarantee timely payment of loans to small business concerns; or (iii) the recipient of a loan made or guaranteed by the Administrator may make loans to small business concerns. . | https://www.govinfo.gov/content/pkg/BILLS-117s1587is/xml/BILLS-117s1587is.xml |
117-s-1588 | II 117th CONGRESS 1st Session S. 1588 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Blumenthal (for himself, Mr. Booker , Mrs. Feinstein , Mrs. Gillibrand , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Lacey Act Amendments of 1981 to prohibit importation, exportation, transportation, sale, receipt, acquisition, and purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or possession, of any live animal of any prohibited primate species.
1. Short title This Act may be cited as the Captive Primate Safety Act . 2. Definition of prohibited primate species Section 2 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 ) is amended— (1) by redesignating paragraphs (g) through (k) as paragraphs (h) through (l), respectively; and (2) by inserting after paragraph (f) the following: (g) Prohibited primate species The term prohibited primate species means any live species of nonhuman primate, including chimpanzees, galagos, gibbons, gorillas, lemurs, lorises, monkeys, orangutans, tarsiers, or any hybrid of such a species. . 3. Prohibitions (a) Prohibited acts Section 3 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372 ) is amended— (1) in subsection (a)— (A) in paragraph (3)(B)(iii), by striking ; or and inserting a semicolon; and (B) by striking paragraph (4) and inserting the following: (4) subject to subsection (f), to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or to possess, any prohibited primate species; or (5) to attempt to commit any act described in paragraphs (1) through (4). ; (2) by redesignating subsection (f) as subsection (g); and (3) by inserting before subsection (g) (as so redesignated) the following: (f) Nonapplicability of prohibited primate species offense Subsection (a)(4) does not apply to— (1) a person exhibiting animals to the public under a Class C license issued by the Department of Agriculture, or a Federal facility registered with the Department of Agriculture that exhibits animals, if such person or facility— (A) holds such license or registration in good standing; and (B) does not allow any individual to come into direct physical contact with a prohibited primate species, other than a lemur or a galago, unless that individual is— (i) a trained professional employee or contractor of the person or facility, or an accompanying employee receiving professional training; (ii) a licensed veterinarian, or a veterinary student accompanying such a veterinarian; or (iii) directly supporting conservation programs of the entity or facility, the contact is not in the course of commercial activity (which may be evidenced by advertisement or promotion of such activity or other relevant evidence), and the contact is incidental to humane husbandry conducted pursuant to a species-specific, publicly available, peer-edited population management and care plan that has been provided to the Secretary with justifications that the plan— (I) reflects established conservation science principles; (II) incorporates genetic and demographic analysis of a multi-institution population of animals covered by the plan; and (III) promotes animal welfare by ensuring that the frequency of breeding is appropriate for the species; (2) a person registered as a research facility by the Department of Agriculture; (3) a State college, university, or agency, or a State-licensed veterinarian; (4) a wildlife sanctuary that cares for prohibited primate species, and— (A) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code; (B) does not commercially trade in any prohibited primate species, including offspring, parts, and byproducts of such animals; (C) does not breed any prohibited primate species; (D) does not allow direct contact between the public and any prohibited primate species; and (E) does not allow the transportation and display of any prohibited primate species off-site; (5) a person that has custody of any prohibited primate species solely for the purpose of expeditiously transporting the prohibited primate species to a person described in this subsection with respect to the species; or (6) a person that is in possession of any prohibited primate species that was born before the date of the enactment of the Captive Primate Safety Act , if the person— (A) not later than 180 days after the date of the enactment of such Act, registers each individual animal of each prohibited primate species possessed by the person with the United States Fish and Wildlife Service; (B) does not breed, acquire, or sell any prohibited primate species after the date of the enactment of such Act; and (C) does not allow direct contact between the public and prohibited primate species. . (b) Civil penalties Section 4(a)(1) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(a)(1) ) is amended— (1) by striking and (f) and inserting (f), and (g) ; and (2) by striking or (f) and inserting (f), or (g) . (c) Criminal penalties Section 4(d) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(d) ) is amended— (1) in paragraph (1), by striking and (f) each place it appears and inserting (f), and (g) ; and (2) in paragraph (3), by striking (d) or (f) and inserting (d), (f), or (g) . (d) Effective date; regulations (1) Effective date Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of— (A) the date of promulgation of regulations under paragraph (2); and (B) the expiration of the period referred to in paragraph (2). (2) Regulations Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section. 4. Regulations Section 7(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3376(a) ) is amended— (1) in paragraph (1), by striking 3(f) and inserting 3(g) ; and (2) by adding at the end the following: (3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3(f). . | https://www.govinfo.gov/content/pkg/BILLS-117s1588is/xml/BILLS-117s1588is.xml |
117-s-1589 | II 117th CONGRESS 1st Session S. 1589 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Wyden (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate certain land administered by the Bureau of Land Management and the Forest Service in the State of Oregon as wilderness and national recreation areas, to withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes.
1. Short title This Act may be cited as the Oregon Recreation Enhancement Act . 2. Definitions In this Act: (1) Secretary The term Secretary means— (A) the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to National Forest System land. (2) State The term State means the State of Oregon. 3. Rogue Canyon and Molalla Recreation Areas, Oregon (a) Designation of rogue canyon and molalla recreation areas For the purposes of protecting, conserving, and enhancing the unique and nationally important recreational, ecological, scenic, cultural, watershed, and fish and wildlife values of the areas, the following areas in the State are designated as recreation areas for management by the Secretary in accordance with subsection (c): (1) Rogue canyon recreation area The approximately 98,150 acres of Bureau of Land Management land within the boundary generally depicted as the Rogue Canyon Recreation Area on the map entitled Rogue Canyon Recreation Area Wild Rogue Wilderness Additions and dated November 19, 2019, which is designated as the Rogue Canyon Recreation Area . (2) Molalla recreation area The approximately 29,884 acres of Bureau of Land Management land within the boundary generally depicted on the map entitled Molalla Recreation Area and dated September 26, 2018, which is designated as the Molalla Recreation Area . (b) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of each recreation area designated by subsection (a). (2) Effect The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the maps and legal descriptions. (3) Public availability The maps and legal descriptions prepared under paragraph (1) shall be available for public inspection in the appropriate offices of the Bureau of Land Management. (c) Administration (1) Applicable law The Secretary shall administer each recreation area designated by subsection (a)— (A) in a manner that conserves, protects, and enhances the purposes for which the recreation area is established; and (B) in accordance with— (i) this section; (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.); and (iii) other applicable laws. (2) Uses The Secretary shall only allow those uses of a recreation area designated by subsection (a) that are consistent with the purposes for which the recreation area is established. (3) Wildfire risk assessment Not later than 280 days after the date of enactment of this Act, the Secretary, in consultation with the Oregon Governor’s Council on Wildfire Response, shall conduct a wildfire risk assessment that covers— (A) the recreation areas designated by subsection (a); (B) the Wild Rogue Wilderness; and (C) any Federal land adjacent to an area described in subparagraph (A) or (B). (4) Wildfire mitigation plan (A) In general Not later than 1 year after the date on which the wildfire risk assessment is conducted under paragraph (3), the Secretary shall develop a wildfire mitigation plan, based on the wildfire risk assessment, that identifies, evaluates, and prioritizes treatments and other management activities that can be implemented on the Federal land covered by the wildfire risk assessment (other than Federal land designated as a unit of the National Wilderness Preservation System) to mitigate wildfire risk to communities located near the applicable Federal land. (B) Plan components The wildfire mitigation plan developed under subparagraph (A) shall include— (i) vegetation management projects (including mechanical treatments to reduce hazardous fuels and improve forest health and resiliency); (ii) evacuation routes for communities located near the applicable Federal land, which shall be developed in consultation with State and local fire agencies; and (iii) strategies for public dissemination of emergency evacuation plans and routes. (C) Applicable law The wildfire mitigation plan under subparagraph (A) shall be developed in accordance with— (i) this section; and (ii) any other applicable law. (5) Road construction (A) In general Except as provided in subparagraph (B) or as the Secretary determines necessary for public safety, no new permanent or temporary roads shall be constructed (other than the repair and maintenance of existing roads) within a recreation area designated by subsection (a). (B) Temporary roads Consistent with the purposes of this Act, the Secretary may construct temporary roads within a recreation area designated by subsection (a) to implement the wildfire mitigation plan developed under paragraph (4), unless the temporary road would be within an area designated as a unit of the National Wilderness Preservation System. (C) Effect Nothing in this paragraph affects the administration by the Secretary of the Molalla Forest Road in accordance with applicable resource management plans. (6) Effect on wildfire management Nothing in this section alters the authority of the Secretary (in cooperation with other Federal, State, and local agencies, as appropriate) to conduct wildland fire operations within a recreation area designated by subsection (a), consistent with the purposes of this Act. (7) Withdrawal Subject to valid existing rights, all Federal surface and subsurface land within a recreation area designated by subsection (a) is withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral leasing, geothermal leasing, or mineral materials. (8) No effect on wilderness areas Any wilderness area located within a recreation area designated by subsection (a) shall be administered in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.). (d) Adjacent management Nothing in this section creates any protective perimeter or buffer zone around a recreation area designated by subsection (a). 4. Expansion of Wild Rogue Wilderness Area (a) Definitions In this section: (1) Map The term map means the map entitled Rogue Canyon Recreation Area Wild Rogue Wilderness Additions and dated November 19, 2019. (2) Wilderness additions The term Wilderness additions means the land added to the Wild Rogue Wilderness under subsection (b)(1). (b) Expansion of wild rogue wilderness area (1) Expansion The approximately 59,512 acres of Federal land in the State generally depicted on the map as Proposed Wilderness shall be added to and administered as part of the Wild Rogue Wilderness in accordance with the Endangered American Wilderness Act of 1978 ( 16 U.S.C. 1132 note; Public Law 95–237 ), except that— (A) the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and (B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable. (2) Map; legal description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by paragraph (1). (B) Force of law The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. (C) Public availability The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service. (3) Fire, insects, and disease The Secretary may take such measures within the Wilderness additions as the Secretary determines to be necessary for the control of fire, insects, and disease, in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ). (4) Withdrawal Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral leasing, geothermal leasing, or mineral materials. (5) Tribal rights Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian Tribe. 5. Withdrawal of Federal land, Curry County and Josephine County, Oregon (a) Definitions In this section: (1) Eligible Federal land The term eligible Federal land means— (A) any federally owned land or interest in land depicted on the Maps as within the Hunter Creek and Pistol River Headwaters Withdrawal Proposal or the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal; or (B) any land or interest in land located within such withdrawal proposals that is acquired by the Federal Government after the date of enactment of this Act. (2) Maps The term Maps means— (A) the Bureau of Land Management map entitled Hunter Creek and Pistol River Headwaters Withdrawal Proposal and dated January 12, 2015; and (B) the Bureau of Land Management map entitled Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal and dated January 12, 2015. (b) Withdrawal Subject to valid existing rights, the eligible Federal land 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) operation under the mineral leasing and geothermal leasing laws. (c) Availability of maps Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. (d) Existing uses not affected Except with respect to the withdrawal under subsection (b), nothing in this section restricts recreational uses, hunting, fishing, forest management activities, or other authorized uses allowed on the date of enactment of this Act on the eligible Federal land in accordance with applicable law. | https://www.govinfo.gov/content/pkg/BILLS-117s1589is/xml/BILLS-117s1589is.xml |
117-s-1590 | II 117th CONGRESS 1st Session S. 1590 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Casey (for himself, Ms. Smith , Mrs. Gillibrand , Mr. King , Mr. Van Hollen , Ms. Baldwin , and Mr. Luján ) 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 enhance direct certification under the school lunch program.
1. Short title This Act may be cited as the Caregivers, Access, and Responsible Expansion for Kids Act of 2021 or the CARE for Kids Act of 2021 . 2. Enhancing direct certification Section 9(b)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(5) ) is amended— (1) in the matter preceding subparagraph (A), by inserting (including any school operated by the Bureau of Indian Education) before may certify ; and (2) in subparagraph (E)— (A) in clause (i), by striking or at the end; (B) in clause (ii)— (i) by striking who and inserting whom ; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (iii) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; (iv) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act ( 42 U.S.C. 673(a) ) or under a similar State-funded or State-operated program, as determined by the Secretary; (v) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act ( 42 U.S.C. 673(d) ) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or (vi) a child of a family that— (I) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or (II) receives housing or housing assistance under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq.). . 3. Extended eligibility Section 9(b)(9) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(9) ) is amended— (1) by redesignating subparagraph (C) as subparagraph (D); (2) by inserting after subparagraph (B) the following: (C) Eligibility of transferred children (i) Definition of covered child In this subparagraph, the term covered child means a child that— (I) has been determined eligible for free or reduced price meals under this Act by a local educational agency (referred to in this subparagraph as the original local educational agency ); and (II) transfers to another school that is under the jurisdiction of a different local educational agency (referred to in this subparagraph as the new local educational agency ). (ii) Eligibility An eligibility determination made by an original local educational agency with respect to a covered child shall be transferred to, and honored by, the new local educational agency, including the period for which that determination was authorized, subject to an extension under clause (iii). (iii) Extension of duration A new local educational agency shall honor the eligibility determination for a covered child under clause (ii) for a period that is 1 year longer than the period for which that determination was authorized by the original local educational agency if the covered child began living with a caregiver— (I) in the 12-month period preceding the date on which the covered child is enrolled in a school under the jurisdiction of a new local educational agency; and (II) who is— (aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or (bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. ; and (3) in subparagraph (D) (as so redesignated)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (B) in the matter preceding subclause (I) (as so redesignated), by striking Except as and all that follows through (3)(H)(ii) and inserting the following: (i) In general Except as otherwise specified in clause (ii), subparagraph (C), subparagraphs (E) and (H)(ii) of paragraph (3) ; and (C) by adding at the end the following: (ii) Extension for certain children A school food authority shall extend the eligibility determination made by a local educational agency with respect to a child for a period that is 1 year longer than the period for which that determination was authorized by the local educational agency, if the child began living with a caregiver— (I) in the 12-month period preceding the date on which the covered child is enrolled in the new school; and (II) who is— (aa) a grandparent or other relative and has legal authority to secure services for the child through an educational or healthcare consent affidavit, power of attorney, or other legal documentation; or (bb) a grandparent or other relative and has legal custody of the child or has commenced the process of seeking legal custody of the child in a court of law. . 4. Expanding automatic eligibility (a) In general Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(12)(A) ) is amended— (1) by conforming the margins of clauses (iv) through (vii) to the margin of clause (iii); and (2) in clause (vii)— (A) in subclause (I), by striking or at the end; (B) in subclause (II)— (i) by striking who and inserting whom ; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (III) a child whose placement with a caregiver was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.) or a tribal child welfare agency, without regard to whether the agency is responsible for the care and placement of the child; (IV) a child for whom an adoption assistance payment is made under section 473(a) of the Social Security Act ( 42 U.S.C. 673(a) ) or under a similar State-funded or State-operated program, as determined by the Secretary; (V) a child for whom a kinship guardianship assistance payment is made under section 473(d) of the Social Security Act ( 42 U.S.C. 673(d) ) or under a similar State-funded or State-operated program, as determined by the Secretary, without regard to whether the child was previously in foster care; or (VI) a child of a family that— (aa) lives in housing dedicated to low-income families with a caregiver who is a grandparent or another older person that cares for the child full-time; or (bb) receives housing or housing assistance under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq.). . (b) Conforming amendments Section 9(d)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(d)(2) ) is amended— (1) in subparagraph (D), by striking (iv) or (v) and inserting (ii), (iii), (iv), (v), or (vii) ; (2) in subparagraph (E), by adding or at the end after the semicolon; (3) by striking subparagraph (F); and (4) by redesignating subparagraph (G) as subparagraph (F) and conforming the margin of subparagraph (F) (as so redesignated) appropriately. 5. Medicaid direct certification Section 9(b)(15)(A)(i) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(15)(A)(i) ) is amended— (1) in subclause (I)— (A) in item (bb), by striking (bb) who and inserting the following: (BB) who ; and (B) by striking (I)(aa) who and inserting the following: (aa) (AA) who ; (2) in subclause (II)— (A) by striking regulations) with a child described in subclause (I) and inserting regulations)) with a child described in item (aa) ; and (B) by striking (II) who and inserting the following: (bb) who ; (3) in the matter preceding item (aa)(AA) (as so redesignated), by striking The term and inserting the following: (I) In general The term ; and (4) by adding at the end the following: (II) Other children The term eligible child includes a child that receives medical assistance under the Medicaid program— (aa) under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i) ) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act ( 42 U.S.C. 670 et seq.) or by reason of section 473(b) of that Act ( 42 U.S.C. 673(b) ); or (bb) under subclause (II) of section 1902(a)(10)(A)(i) of that Act ( 42 U.S.C. 1396a(a)(10)(A)(i) ) on the basis of receiving supplemental security income benefits. . | https://www.govinfo.gov/content/pkg/BILLS-117s1590is/xml/BILLS-117s1590is.xml |
117-s-1591 | II 117th CONGRESS 1st Session S. 1591 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Wicker (for himself, Mr. Cardin , Mr. Tillis , Mr. Whitehouse , Mr. Rubio , Mr. Markey , Mr. Rounds , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To counter efforts by foreign governments to pursue, harass, or otherwise persecute individuals for political and other unlawful motives overseas, and for other purposes.
1. Short title This Act may be cited as the Transnational Repression Accountability and Prevention Act of 2021 or as the TRAP Act of 2021 . 2. Findings Congress makes the following findings: (1) The International Criminal Police Organization (INTERPOL) works to prevent and fight crime through enhanced cooperation and innovation on police and security matters, including kleptocracy, counterterrorism, cybercrime, counternarcotics, and transnational organized crime. (2) United States membership and participation in INTERPOL advances the national security and law enforcement interests of the United States related to combating kleptocracy, terrorism, cybercrime, narcotics, and transnational organized crime. (3) Article 2 of INTERPOL’s Constitution states that the organization aims [to] ensure and promote the widest possible mutual assistance between all criminal police authorities … in the spirit of the Universal Declaration of Human Rights . (4) Article 3 of INTERPOL’s Constitution states that [i]t is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character . (5) These principles provide INTERPOL with a foundation based on respect for human rights and avoidance of politically motivated actions by the organization and its members. (6) Some INTERPOL member countries have used INTERPOL’s databases and processes, including Notice and Diffusion mechanisms and the Stolen and Lost Travel Document Database, for activities of a political or other unlawful character and in violation of international human rights standards, including making requests to INTERPOL for interventions related to purported charges of ordinary law crimes that are fabricated for political or other unlawful motives. (7) According to the Justice Manual of the United States Department of Justice, [i]n the United States, national law prohibits the arrest of the subject of a Red Notice issued by another INTERPOL member country, based upon the notice alone and requires the existence of a valid extradition treaty between the requesting country and the United States, a valid request for provisional arrest of the subject individual, and an arrest warrant issued by a United States District Court based on a complaint filed by the United States Attorney’s Office of the subject jurisdiction. 3. Statement of policy It is the policy of the United States: (1) To use the voice, vote, and influence of the United States, as appropriate, within INTERPOL’s General Assembly and Executive Committee to promote the following objectives aimed at improving the transparency of INTERPOL and ensuring its operation consistent with its Constitution, particularly articles 2 and 3, and Rules on the Processing of Data: (A) Support INTERPOL’s reforms enhancing the screening process for Notices, Diffusions, and other INTERPOL communications to ensure they comply with INTERPOL’s Constitution and Rules on the Processing of Data (RPD). (B) Support and strengthen INTERPOL’s coordination with the Commission for Control of INTERPOL’s Files (CCF) in cases in which INTERPOL or the CCF has determined that a member country issued a Notice, Diffusion, or other INTERPOL communication against an individual in violation of articles 2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit such member country from seeking the publication or issuance of any subsequent Notices, Diffusions, or other INTERPOL communication against the same individual based on the same set of claims or facts. (C) Support candidates for positions within INTERPOL’s structures, including the Presidency, Executive Committee, General Secretariat, and CCF who have demonstrated experience relating to and respect for the rule of law. (D) Seek to require INTERPOL in its annual report to provide a detailed account of the following information, disaggregated by member country or entity: (i) The number of Notice requests, disaggregated by color, that it received. (ii) The number of Notice requests, disaggregated by color, that it rejected. (iii) The category of violation identified in each instance of a rejected Notice. (iv) The number of Diffusions that it cancelled without reference to decisions by the CCF. (v) The sources of all INTERPOL income during the reporting period. (E) Support greater transparency by the CCF in its annual report by providing a detailed account of the following information, disaggregated by country: (i) The number of admissible requests for correction or deletion of data received by the CCF regarding issued Notices, Diffusions, and other INTERPOL communications. (ii) The category of violation alleged in each such complaint. (2) Put in place procedures, as appropriate, for sharing with relevant departments and agencies credible information of likely attempts by member countries to abuse INTERPOL communications for politically motivated or other unlawful purposes so that, as appropriate, action can be taken in accordance with their respective institutional mandates. 4. Report on the abuse of INTERPOL systems (a) In general Not later than 180 days after the date of the enactment of this Act, the Attorney General, in coordination with the Secretary of Homeland Secretary, the Secretary of State, and the heads of other relevant United States Government departments or agencies shall submit to the appropriate congressional committees a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red Notices, Diffusions, and other INTERPOL communications for political motives and other unlawful purposes within the past three years. (b) Elements The report required under subsection (a) shall include the following elements: (1) A description of the most common tactics employed by member countries in conducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited. (2) An assessment of the adequacy of INTERPOL mechanisms for challenging abusive re- quests, including the Commission for the Control of INTERPOL’s Files (CCF), and any shortcoming the United States believes should be addressed. (3) A description of any incidents in which the Department of Justice assesses that United States courts and executive departments or agencies have relied on INTERPOL communications in contravention of existing law or policy to seek the detention of individuals or render judgments concerning their immigration status or requests for asylum, with holding of removal, or convention against torture claims and any measures the Department of Justice or other executive departments or agencies took in response to these incidents. (4) A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the interests of the United States, including citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (5) A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for activities they undertook in an official capacity. (6) A description of United States advocacy for reform and good governance within INTERPOL. (7) A strategy for improving interagency coordination to identify and address instances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States. (8) An estimate of the costs involved in establishing such improvements. (c) Form of report Each report required by subsection (a) shall be submitted in unclassified form and be published in the Federal Register, but may include a classified annex, as appropriate. (d) Briefing Not later than 180 days after the submission of the report in subsection (a), and every 180 days after for two years, the Department of Justice, in coordination with the Department of Homeland Secretary, the Department of State, and the heads of other relevant United States Government departments and agencies shall brief the appropriate congressional committees on recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL. 5. Prohibition on denial of services (a) Arrests No United States Government department or agency may arrest an individual for the purpose of extradition who is the subject of an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country, based solely upon the INTERPOL communication without— (1) prior verification of the individual’s eligibility for extradition under a valid bilateral extradition treaty for the specified crime or crimes; (2) receipt of a valid request for provisional arrest from the requesting country; and (3) the issuance of an arrest warrant in compliance with section 3184 of title 18, United States Code. (b) Removal and travel restrictions No United States Government department or agency may make use of any INTERPOL Notice, Diffusion, or other INTERPOL communication, or the information contained therein, published on behalf of another INTERPOL member country as the sole basis to detain or otherwise deprive an individual of freedom, to remove an individual from the United States, or to deny a visa, asylum, citizenship, other immigration status, or participation in any trusted traveler program of the Transportation Security Administration, without independent credible evidence supporting such a determination. 6. Annual country reports on human rights practices The Foreign Assistance Act of 1961 is amended— (1) in section 116 ( 22 U.S.C. 2151n ), by adding at the end the following new subsection: (h) Politically motivated reprisal against individuals outside the country The report required by subsection (d) shall include examples from credible reporting of likely attempts by countries to misuse international law enforcement tools, such as INTERPOL communications, for politically-motivated reprisal against specific individuals located in other countries. ; and (2) in section 502B ( 22 U.S.C. 2304 )— (A) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (B) by adding at the end the following new subsection: (k) Politically motivated reprisal against individuals outside the country The report required by subsection (b) shall include examples from credible reporting of likely attempts by countries to misuse international law enforcement tools, such as INTERPOL communications, for politically motivated reprisal against specific individuals located in other countries. . 7. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on the Judiciary of the House of Representatives. (2) INTERPOL communications The term INTERPOL communications means any INTERPOL Notice or Diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL. | https://www.govinfo.gov/content/pkg/BILLS-117s1591is/xml/BILLS-117s1591is.xml |
117-s-1592 | II 117th CONGRESS 1st Session S. 1592 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To limit the period of authorization of new budget authority provided in appropriation Acts, to require analysis, appraisal, and evaluation of existing programs for which continued new budget authority is proposed to be authorized by committees of Congress, and for other purposes.
1. Short title This Act may be cited as the Legislative Performance Review Act of 2021 . 2. Definitions For purposes of this Act— (1) the term agency has the meaning given the term Executive agency under section 105 of title 5, United States Code; (2) the term appropriation Act means an Act referred to in section 105 of title 1, United States Code; (3) the term authorization means an Act authorizing new budget authority to be provided in appropriation Acts; (4) the term new budget authority means budget authority (as defined in section 3(2)(A) of the Congressional Budget Act of 1974 ( 2 U.S.C. 622(2)(A) )) which is provided in an appropriation Act; and (5) the term program means any activities or purposes for which there is a separate authorization of new budget authority. 3. Bills and resolutions subject to point of order (a) In general It shall not be in order in either the Senate or the House of Representatives to consider— (1) any bill or resolution which authorizes the enactment of new budget authority for a period of more than 4 fiscal years, except as provided in section 4; or (2) any bill or resolution which authorizes the enactment of an unlimited amount of new budget authority for any purpose or purposes. (b) Point of order In the Senate, a point of order under this section may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974. A point of order under this section may be waived in accordance with the procedures under section 313(e) of the Congressional Budget Act of 1974 upon an affirmative vote of three-fifths of the Members duly chosen and sworn. (c) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subsection (b), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this paragraph), no further amendment shall be in order. 4. Waiver of time limit on authorizations (a) In the Senate (1) Committee Consideration If any committee of the Senate determines that an authorization the enactment of new budget authority for a period of more than 4 fiscal years is necessary to accomplish the purposes for which the authorization is made, the committee may report a bill or resolution containing an authorization for such longer period. At the same time or later, the committee shall report a resolution to the Senate providing for a waiver of the 4-fiscal-year limit contained in section 3(a)(1) (in this subsection referred to as a waiver resolution ) and stating the reasons why such a waiver is necessary. The resolution shall be referred to the Committee on the Budget of the Senate. (2) Reporting The Committee on the Budget of the Senate may not amend a waiver resolution, may order the waiver resolution reported favorably, unfavorably, or without recommendation, as it relates to the effect of the waiver on the ability of the Committee on the Budget of the Senate to execute its duties under section 703(a)(3) of the Congressional Budget Act of 1974 ( 2 U.S.C. 623(a)(3) ), and shall report a waiver resolution referred under paragraph (1) to the Senate not later than 10 days after the waiver resolution is referred to the committee (not counting any day on which the Senate is not in session) beginning with the day following the day on which the waiver resolution is so referred, accompanied by the committee's recommendations and reasons for the recommendations with respect to the waiver resolution. If the Committee on the Budget of the Senate does not report a waiver resolution within the 10-day period under this paragraph, the committee shall automatically be discharged from further consideration of the waiver resolution and the waiver resolution shall be placed on the calendar. (3) Debate restrictions During the consideration of any waiver resolution, debate shall be limited to 1 hour, to be equally divided between, and controlled by, the majority leader and minority leader or their designees, and the time on any debatable motion or appeal shall be limited to 20 minutes, to be equally divided between, and controlled by the mover and the manager of the waiver resolution. In the event the manager of the waiver resolution is in favor of any such motion or appeal, the time in opposition shall be controlled by the minority leader or a designee. The leaders, or either of them, may, from the time under their control on the passage of the waiver resolution, allot additional time to any Senator during the consideration of the debatable motion or appeal. (4) Voting If a waiver resolution is agreed to by the Senate, section 3(a)(1) shall not apply with respect to the bill or resolution to which the waiver resolution relates. (5) Oversight hearing Whenever any bill or resolution is reported by a committee under paragraph (1), the report accompanying the bill or resolution shall contain a schedule of oversight hearings by the committee to determine progress being made toward the intended objectives of the program for which the authorization is being made. (b) In the House of Representatives (1) Committee Consideration If any committee of the House of Representatives determines that an authorization the enactment of new budget authority for a period of more than 4 fiscal years is necessary to accomplish the purposes for which the authorization is made, the committee may report a bill or resolution containing an authorization for such longer period. At the same time or later, the committee shall report a resolution to the House of Representatives providing for a waiver of the 4-fiscal-year limit contained in section 3(a)(1) (in this subsection referred to as a waiver resolution ) and stating the reasons why such a waiver is necessary. The resolution shall be referred to the Committee on the Budget of the House of Representatives. (2) Reporting The Committee on the Budget of the House of Representatives may not amend a waiver resolution, may order the waiver resolution reported favorably, unfavorably, or without recommendation, as it relates to the effect of the waiver on the ability of the Committee on the Budget of the House of Representatives to execute its duties under section 703(a)(3) of the Congressional Budget Act of 1974 ( 2 U.S.C. 623(a)(3) ), and shall report a waiver resolution referred under paragraph (1) to the House of Representatives not later than 10 days after the waiver resolution is referred to the committee (not counting any day on which the House of Representatives is not in session) beginning with the day following the day on which the waiver resolution is so referred, accompanied by the committee's recommendations and reasons for the recommendations with respect to the waiver resolution. If the Committee on the Budget of the House of Representatives does not report a waiver resolution within the 10-day period under this paragraph, the committee shall automatically be discharged from further consideration of the waiver resolution and the waiver resolution shall be placed on the calendar. (3) Debate restrictions During the consideration of any waiver resolution, debate shall be limited to 1 hour, to be equally divided between, and controlled by, the Speaker of the House of Representatives and minority leader of the House of Representatives or their designees, and the time on any debatable motion or appeal shall be limited to 20 minutes, to be equally divided between, and controlled by the mover and the manager of the waiver resolution. In the event the manager of the waiver resolution is in favor of any such motion or appeal, the time in opposition shall be controlled by the minority leader or a designee. The leaders, or either of them, may, from the time under their control on the passage of the waiver resolution, allot additional time to any Representative during the consideration of the debatable motion or appeal. (4) Voting If a waiver resolution is agreed to by the House of Representatives, section 3(a)(1) shall not apply with respect to the bill or resolution to which the waiver resolution relates. (5) Oversight hearing Whenever any bill or resolution is reported by a committee under paragraph (1), the report accompanying the bill or resolution shall contain a schedule of oversight hearings by the committee to determine progress being made toward the intended objectives of the program for which the authorization is being made. 5. Analysis, appraisal, and evaluation of existing programs (a) In general No committee of the Senate or the House of Representatives may report a bill or resolution authorizing the enactment of new budget authority for a program for which an authorization of new budget authority has previously been enacted until the committee has conducted an analysis, appraisal, and evaluation of the program for which continued new budget authority is proposed to be authorized. If the authorization of the enactment of new budget authority for any program is enacted for a period of less than 4 fiscal years, the analysis, appraisal, and evaluation of that program required by this section is only required before reporting legislation that would extend the authorization of the enactment of new budget authority for the fifth fiscal year commencing after the effective date of this Act and every 4 years thereafter. (b) Committee report The results of the analysis, appraisal, and evaluation under subsection (a) shall be included in the committee report on the bill or resolution. (c) Agency report Whenever a committee of the Senate or the House of Representatives is conducting an analysis, appraisal, and evaluation of a program, the head of the agency which administers the program, or any part thereof, shall submit to the committee, upon request of the chairman or ranking member of the committee, an analysis, appraisal, and evaluation of the program. (d) Joint hearing The committees of the Senate and the House of Representatives having jurisdiction of a program may conduct jointly the analysis, appraisal, and evaluation required by this section and may conduct joint hearings. (e) Committee report (1) In general The report of a committee on the analysis, appraisal, and evaluation of a program shall be sufficiently complete to permit a determination as to whether the program should be terminated, modified, or continued without change, and shall include— (A) an identification of the objectives intended for the program and the problem or need which the program was intended to address; (B) whether the program objectives are still relevant; (C) whether the program has adhered to the original and intended purpose; (D) whether the program has made any substantial progress toward meeting the objectives originally intended; (E) the impact of the program on the economy; (F) the feasibility of alternative programs and methods, including tax expenditures, for meeting the objectives of the program under consideration and their cost effectiveness; (G) the relation of all other Government and private programs dealing with the objectives of the program under consideration, including tax expenditure programs; (H) an examination of proposed legislation pending in either House seeking to achieve the same or related objectives; and (I) whether the program should be extended and the further benefits that may be achieved thereby, including— (i) an identification of the objectives intended for the program and the problem or the need that the program is intended to address; (ii) an assessment of the consequences of eliminating the program, of consolidating it with another program, or of funding it at a lower level; and (iii) an analysis of the services and performance estimated to be achieved if the program were continued, including an estimate of when, and the conditions under which, the program will have fulfilled the objectives for which the program was established. (2) Sources of information In preparing a report under paragraph (1), a committee shall evaluate— (A) information in reports, plans, goals, and progress reviews required under sections 306 and 1115 through 1125 of title 31, United States Code; (B) information in reports by the Comptroller General of the United States, including the annual report by the Comptroller General regarding opportunities to reduce duplication, overlap, and fragmentation, achieve savings, and enhance revenue; and (C) other information determined appropriate by the committee. (3) Point of order (A) In general It shall not be in order in either the Senate or the House of Representatives to consider a bill or resolution authorizing the enactment of new budget authority for a program for which an authorization of new budget authority has previously been enacted unless the bill or resolution is accompanied by a report described in paragraph (1). (B) Waiver of point of order In the Senate, a point of order raised under this paragraph may be waived upon an affirmative vote of three-fifths of the Members duly chosen and sworn and debate on all motions to waive 1 or more points of order under this paragraph as to a bill or resolution shall be debatable for a total of not more than 1 hour, equally divided between the Senator raising the point of order and the Senator moving to waive the point of order or their designees. (f) Combined report For the purposes of making the analysis, appraisal, and evaluation required by this section, a committee may combine related programs and may issue 1 report on all such combined programs. 6. Authorization for new programs Whenever any committee of the Senate or the House of Representatives reports legislation authorizing the enactment of new budget authority for a program for which there has previously been no authorization, the committee shall include in the report accompanying the legislation— (1) an identification of the objectives and purposes of the new program and the problems or needs that the new program is intended to address; (2) a description of other programs which seek to accomplish the same general purpose or purposes; (3) whether the program will conflict with, overlap, or duplicate any existing programs and, if the program will conflict with, overlap, or duplicate an existing program, a discussion of how the program will work with the existing program; (4) how the program will operate with existing programs to promote the common objective or objectives of all similar programs; (5) the consequences of failing to achieve the purposes of the new program; (6) what other alternatives, including tax expenditures and private resources, were considered as alternatives and why the alternatives were not recommended; (7) what changes were considered in existing programs to coordinate the programs with the new program and the reasons for changing or not changing existing programs; (8) a projection of the anticipated needs for and accomplishments of the program, including an estimate of when, and the condition under which, the program will have fulfilled the objectives for which the program was established; and (9) a statement of the constitutional authority pursuant to which the bill or joint resolution is to be enacted. 7. Conference reports on authorization bills The joint explanatory statement accompanying a conference report on any bill or resolution authorizing the enactment of new budget authority for any program in connection with which an analysis, appraisal, and evaluation has been conducted under section 5 or 6 shall include an analysis of the objectives intended for the program and the problems or needs which the program is intended to address, based on the bill or resolution as recommended in the conference report. 8. Phaseout of existing programs (a) In general If a continued authorization of the enactment of new budget authority for a program has been adopted by the Senate or the House of Representatives, and has not become law as of the date on which the authorization in effect expires (unless the failure to become law has been due to a rejection of a proposed authorization by the other House), there is authorized to be enacted for the program— (1) for the first fiscal year following the expiration of the previous authorization, 80 percent of the amount appropriated to carry out the program in the previous fiscal year; and (2) for the second fiscal year following such expiration, 60 percent of the amount appropriated to carry out the program in the previous fiscal year. (b) New authorization If at any time following the expiration of an authorization of the enactment of new budget authority for a program a new authorization for the program is provided by law, then the new authorization shall replace the authorization provided in subsection (a). (c) Repeal of authorization If a program for which an authorization of the enactment of new budget authority has previously been made is repealed, subsection (a) shall not apply to the program. (d) Programs without an authorization For any program for which no new budget authority is authorized to be enacted for a fiscal year (including an authorization under subsection (a)), the head of the agency carrying out the program shall develop and implement a plan to provide for— (1) the transfer or other disposition of the records, property, and personnel affected by the termination of the program; (2) the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with the program; and (3) terminating the activities under the program. 9. Termination of certain existing authorizations (a) In general It shall not be in order in either the Senate or the House of Representatives to consider a bill, resolution, amendment, or conference report making appropriations for a fiscal year which begins 5 years after the effective date of this Act if the appropriation is made pursuant to a law, in effect on the effective date of this Act, authorizing new budget authority for a period of more than 4 fiscal years or for an unspecified number of fiscal years. (b) Waiver of point of order In the Senate, a point of order raised under this section may be waived upon an affirmative vote of three-fifths of the Members duly chosen and sworn. (c) Point of order sustained (1) In general Except as provided in paragraph (2), if a point of order under this section is sustained, the matter as to which the point of order is raised shall be stricken. (2) Conference reports When a House of Congress is considering a conference report or an amendment between the Houses, upon a point of order under this section being sustained as to matter in the conference report or amendment, such material shall be deemed stricken, and the House of Congress shall proceed to consider the question of whether the House shall recede from its amendment and concur with a further amendment, or concur in the amendment of the other House of Congress with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or amendment, as the case may be, not so stricken. In any case in which such point of order is sustained against a conference report (or proposed amendment derived from such conference report by operation of this paragraph), no further amendment shall be in order. 10. Lack of authorization (a) In general It shall not be in order in either the Senate or the House of Representatives to consider a bill or resolution making appropriations for a program for the first fiscal year beginning more than 1 year after the date of enactment of this Act or any fiscal year thereafter if the appropriation is not made pursuant to a law in effect authorizing new budget authority for the program. (b) Point of order In the Senate, a point of order under this section may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974. A point of order under this section may be waived in accordance with the procedures under section 313(e) of the Congressional Budget Act of 1974 upon an affirmative vote of three-fifths of the Members duly chosen and sworn. (c) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subsection (b), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this paragraph), no further amendment shall be in order. 11. Reports on proposed implementation (a) In the Senate (1) In general Not later than 1 year after the effective date of this Act, each committee of the Senate shall file with the Senate a report— (A) indicating the schedule, procedure, and content of the analysis, appraisal, and evaluation that the committee intends to use to implement this Act, with particular emphasis on implementation of sections 5 and 6; and (B) making any recommendations for how to implement procedures comparable to the procedures under this Act for direct spending (as defined under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(8) )) and tax expenditures (as defined in section 3(3) of the Congressional Budget Act of 1974 ( 2 U.S.C. 622(3) )). (2) Referral Each report under this subsection shall be referred to the Committee on Rules and Administration of the Senate which shall hold such hearings as the committee determines necessary. Following a review of the reports, the Committee on Rules and Administration of the Senate may report to the Senate changes in the Standing Rules of the Senate to provide uniform standards for the implementation of this Act and the requirements for the analysis, appraisal, and evaluation of programs. (b) In the House of Representatives (1) In general Not later than 1 year after the effective date of this Act, each committee of the House of Representatives shall file with the House of Representatives a report— (A) indicating the schedule, procedure, and content of the analysis, appraisal, and evaluation that the committee intends to use to implement this Act; and (B) making any recommendations for how to implement procedures comparable to the procedures under this Act for direct spending (as defined under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(8) )) and tax expenditures (as defined in section 3(3) of the Congressional Budget Act of 1974 ( 2 U.S.C. 622(3) )). (2) Referral Each report under this subsection shall be referred to the Committee on House Administration of the House of Representatives which shall hold such hearings as the committee determines necessary. Following a review of the reports, the Committee on House Administration of the House of Representatives may report to the House of Representatives changes in the Rules of the House of Representatives to provide uniform standards for the implementation of this Act and the requirements for the analysis, appraisal, and evaluation of programs. 12. Authorizations under implementation reports (a) Covered program In this section, the term covered program means a program for which— (1) the report of a committee of Congress with jurisdiction of the program submitted under section 11 includes a schedule to enact a law authorizing the enactment of new budget authority for the program, which may not be for a period of more than 4 fiscal years; (2) funds are appropriated during the fiscal year during which this Act takes effect; and (3) an authorization of the enactment of new budget authority is not in effect. (b) Authorization Except as provided in subsection (c), for purposes of enforcing section 10 in relation to a covered program, a law shall be deemed to be in effect authorizing the enactment of new budget authority for the covered program for each fiscal year for which a law authorizing the enactment of new budget authority is scheduled to be enacted under the schedule in the applicable report described in subsection (a)(1). (c) Exception Subsection (b) shall not apply to a covered program if the schedule in the applicable report described in subsection (a)(1) specifies that— (1) the fourth fiscal year covered by the schedule will be the first fiscal year for which a law authorizing the enactment of new budget authority is scheduled to be enacted for more than 50 percent of the programs within the jurisdiction of the committee; or (2) less than 20 percent of the programs within the jurisdiction of the committee are scheduled for a law to be enacted authorizing the enactment of new budget authority during the first or second fiscal year covered by the schedule. (d) Submission for the record Not later than 5 legislative days after the date on which a committee of the Senate or the House of Representatives submits a report under section 11 that includes a schedule to enact a law authorizing the enactment of new budget authority, the Chairman of the Committee on Rules and Administration or the Chairman of the Committee on House Administration of the House of Representatives, respectively, shall submit the schedule for printing in the Congressional Record. 13. Referral of bills or resolutions modifying this act (a) Referral in the Senate In the Senate, any bill or joint resolution that modifies this Act shall be referred to the Committee on the Budget of the Senate and the Committee on Homeland Security and Governmental Affairs. (b) Referral in the House of Representatives In the House of Representatives, any bill or joint resolution that modifies this Act shall be referred to the Committee on the Budget of the House of Representatives and the Committee on Oversight and Reform. 14. Assistance to Senate and House committees (a) Assistance from the comptroller general At the request of the chairman or ranking member of any committee of the Senate or the House of Representatives, the Comptroller General of the United States shall furnish to such committee information, analyses, and reports to assist the committee in carrying out the duties of the committee under this Act. (b) Assistance from the congressional budget office Consistent with the discharge by the Congressional Budget Office of the duties and functions of the Congressional Budget Office under the Congressional Budget Act of 1974, the Director of the Congressional Budget Office shall, at the request of the chairman or ranking member of any committee of the Senate or the House of Representatives, furnish to the committee information and analyses to assist the committee in carrying out the duties of the committee under this Act. (c) Assistance from the congressional research service At the request of the chairman or ranking member of any committee of the Senate or House of Representatives, the Director of the Congressional Research Service shall furnish to the committee information, analyses, and reports to assist the committee in carrying out the duties of the committee under this Act. 15. Effective date This Act shall take effect on the first day of the first regular session of Congress which begins after the date of enactment of this Act. 16. Rulemaking This section and sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of this Act are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply; and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same, manner, and to the same extent as in the case of any other rule of such House. | https://www.govinfo.gov/content/pkg/BILLS-117s1592is/xml/BILLS-117s1592is.xml |
117-s-1593 | II 117th CONGRESS 1st Session S. 1593 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Schatz 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 with respect to the designation of general surgery shortage areas, and for other purposes.
1. Short title This Act may be cited as the Ensuring Access to General Surgery Act of 2021 . 2. Findings Congress finds the following: (1) According to the Bureau of Health Workforce, the United States faces a shortage of physicians. (2) A 2016 study entitled Supply and Demand of General Surgeons: Projections From 2014–2030 , prepared by the University of North Carolina at Chapel Hill for the American College of Surgeons, found that the supply of general surgeons will grow slightly by 2030 but will not keep up with overall growth in the United States population or demand for surgical services. (3) A 2020 report released by the Association of American Medical Colleges projects shortages in all surgical specialties of between 17,100 and 28,700 surgeons by 2033. (4) A 2020 report prepared by the Health Resources and Services Administration for the Committee on Appropriations of the Senate found a maldistribution of general surgeons nationwide, with rural areas having only 69 percent of the general surgeons needed to meet demand for care. (5) In order to accurately prepare for future physician workforce demands, comprehensive, impartial research and high-quality data are needed to inform dynamic projections of physician workforce needs. (6) A variety of factors, including health outcomes, utilization trends, growing and aging populations, and delivery system changes, influence workforce needs and should be considered as part of flexible projections of workforce needs. (7) Given the particularly acute needs in many rural and other surgical workforce shortage areas, additional efforts to assess the adequacy of the current general surgeon workforce are necessary. 3. Study on designation of general surgical health professional shortage areas Part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq.) is amended by adding at the end the following: XIII General Surgery Shortage Areas 340J. Designation of general surgery shortage areas (a) General surgery shortage area defined For purposes of this section, the term general surgery shortage area means, with respect to an urban, suburban, or rural area in the United States, an area that has a population that is underserved by general surgeons. (b) Study and report (1) Study The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall conduct a study on the following matters relating to access by underserved populations to general surgeons: (A) Whether current shortage designations, such as the designation of health professional shortage areas under section 332, results in accurate assessments of the adequacy of local general surgeons to address the needs of underserved populations in urban, suburban, or rural areas. (B) Whether another measure of access to general surgeons by underserved populations, such as one based on general surgeons practicing within hospital service areas, would provide more accurate assessments of shortages in the availability of local general surgeons to meets the needs of those populations. (C) Potential methodologies for the designation of general surgery shortage areas, including the methodology described in paragraph (2). (2) Methodology for the designation of areas Among the methodologies considered under paragraph (1)(C) for the designation of general surgery shortage areas, the Secretary shall analyze the effectiveness and accuracy of the following methodology: (A) Development of surgery service areas Development of surgery service areas through the identification of hospitals with surgery services and the identification of populations by zip code areas using Medicare patient origin data. (B) Identification of surgeons Identification of all actively practicing general surgeons. (C) Surgeon to population ratios Development of general surgeon-to-population ratios for each surgery service area. (D) Thresholds (i) In general Determination of threshold general surgeon-to-population ratios for the number of general surgeons necessary to treat a population for each of the following levels: (I) Optimal supply of general surgeons. (II) Adequate supply of general surgeons. (III) Shortage of general surgeons. (IV) Critical shortage of general surgeons. (ii) Considerations In determining the thresholds under clause (i), the Secretary shall not assume that the current supply of general surgeons nationwide is the optimal or adequate level and shall consider additional factors such as wait times, health outcomes, ground transportation time to the nearest health care center with a general surgeon, critical access hospitals with surgical capabilities but lacking a general surgeon, and patient experience. (3) Report Not later than 1 year after the date of the enactment of this subpart, the Secretary shall submit to Congress a report on the study conducted under this subsection. (4) Consultation In conducting the study under paragraph (1), the Secretary shall consult with relevant stakeholders, including medical societies, organizations representing surgical facilities, organizations with expertise in general surgery, and organizations representing patients. (5) Publication of data The Secretary shall periodically collect and publish in the Federal Register— (A) data comparing the availability and need of general surgery services in urban, suburban, or rural areas in the United States; and (B) if the Secretary designates one or more general surgery shortage areas under subsection (c), a list of the areas so designated. (c) Designation of general surgery shortage areas (1) Methodology developed through regulation Based on the findings of the report under subsection (b)(3), the Secretary may establish, through notice and comment rulemaking, a methodology for the designation of general surgery shortage areas under this section. (2) Requirements If the Secretary elects to develop methodology under paragraph (1), the following shall apply: (A) Using the methodology established under paragraph (1) and taking into consideration the data referred to in subsection (b)(5), the Secretary shall— (i) designate general surgery shortage areas in the United States; (ii) publish a descriptive list of the areas; and (iii) review annually, and, as necessary, revise such designations. (B) The Secretary shall follow similar procedures with respect to notice to appropriate parties, opportunities for comment, dissemination of information, and reports to Congress in designating general surgery shortage areas under this section as those that apply to the designation of health professional shortage areas under section 332. (C) In designating general surgery shortage areas under this subsection, the Secretary shall consult with relevant stakeholders, including medical societies, organizations representing surgical facilities, organizations with expertise in general surgery, and organizations representing patients. . | https://www.govinfo.gov/content/pkg/BILLS-117s1593is/xml/BILLS-117s1593is.xml |
117-s-1594 | II 117th CONGRESS 1st Session S. 1594 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To clarify the congressional intent behind the requirements relating to immediate suspension orders and corrective action plans under the Controlled Substances Act that were added by the Ensuring Patient Access and Effective Drug Enforcement Act of 2016.
1. Short title This Act may be cited as the DEA Enforcement and Authority Act of 2021 . 2. Denial, revocation, or suspension of controlled substances registration (a) Standard of review for immediate suspension orders Section 304(d)(2) of the Controlled Substances Act ( 21 U.S.C. 824(d)(2) ) is amended by striking a substantial likelihood of an immediate threat and inserting probable cause . (b) Opportunity To submit corrective action plan prior to revocation or suspension (1) In general Section 304(c) of the Controlled Substances Act ( 21 U.S.C. 824(c) ) is amended— (A) by striking paragraphs (2) through (5); (B) by striking (c)(1) Before and inserting (c) Before ; and (C) by adding at the end the following: The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or registrant to appear before the Attorney General at a time and place stated in the order, but in no event less than 30 days after the date of receipt of the order. Proceedings to deny, revoke, or suspend shall be conducted pursuant to this section in accordance with subchapter II of chapter 5 of title 5, United States Code. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States. . (2) Applicability to pending corrective action plans The Attorney General shall not be required to review any corrective action plan submitted by an applicant or registrant under section 304(c)(2) of the Controlled Substances Act ( 21 U.S.C. 824(c)(2) ), as in effect on the day before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1594is/xml/BILLS-117s1594is.xml |
117-s-1595 | II 117th CONGRESS 1st Session S. 1595 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Toomey (for himself, Mr. Tillis , Mr. Cotton , Mr. Johnson , Mr. Hoeven , Mr. Braun , Mrs. Capito , Mr. Inhofe , Ms. Ernst , Mr. Blunt , Mr. Thune , Mrs. Blackburn , Mr. Rubio , Mr. Scott of Florida , Mr. Rounds , and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide enhanced penalties for convicted murderers who kill or target America’s public safety officers.
1. Short title This Act may be cited as the Thin Blue Line Act . 2. Aggravating Factors for Death Penalty Section 3592(c) of title 18, United States Code, is amended by inserting after paragraph (16) the following: (17) Killing or targeting of law enforcement officer (A) The defendant killed or attempted to kill, in the circumstance described in subparagraph (B), a person who is authorized by law— (i) to engage in or supervise the prevention, detention, investigation, or prosecution, or the incarceration of any person for any criminal violation of law; (ii) to apprehend, arrest, or prosecute an individual for any criminal violation of law; or (iii) to be a firefighter or other first responder. (B) The circumstance referred to in subparagraph (A) is that the person was killed or targeted— (i) while he or she was engaged in the performance of his or her official duties; (ii) because of the performance of his or her official duties; or (iii) because of his or her status as a public official or employee. . | https://www.govinfo.gov/content/pkg/BILLS-117s1595is/xml/BILLS-117s1595is.xml |
117-s-1596 | II 117th CONGRESS 1st Session S. 1596 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Rounds (for himself, Mrs. Shaheen , Mr. Daines , Mr. Scott of Florida , Mr. Thune , Mr. Inhofe , Mrs. Blackburn , Mr. Rubio , Mr. Menendez , 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 require the Secretary of the Treasury to mint coins in commemoration of the National World War II Memorial in Washington, DC, and for other purposes.
1. Short title This Act may be cited as the Greatest Generation Memorial Act . 2. Findings The Congress finds the following: (1) The National World War II Memorial was dedicated in Washington, DC, on May 29, 2004, and is located on the east end of the Reflecting Pool on the National Mall, opposite the Lincoln Memorial and west of the Washington Monument. (2) The dedication of the National World War II Memorial was the culmination of a 17-year effort that started on December 10, 1987, when the World War II Memorial Act was first introduced in the House of Representatives, and was authorized by an Act of Congress signed into law on May 25, 1993. Construction began September 4, 2001, after several years of fundraising and public hearings. (3) Opening to the public on April 29, 2004, the World War II Memorial is the first national memorial dedicated to all who served during World War II and acknowledges the commitment and achievement of the entire Nation. (4) The Memorial honors the more than 16,000,000 who served in the Armed Forces of the United States during World War II, the more than 400,000 who died, and the millions who supported the war effort from home. (5) It is a monument to the spirit, sacrifice, and commitment of the American people to the common defense of the Nation and to the broader causes of peace and freedom from tyranny throughout the world. (6) Today, the Memorial is a top destination for millions of annual visitors from all over the country and the world. For many young visitors, their visit to the Memorial is a first glimpse to a grateful Nation’s remembrance of the sacrifices made by the World War II generation. (7) For World War II veterans, the Memorial is a special destination, a rendezvous point, and a gathering place for reunions and commemoration programs. (8) The Friends of the National World War II Memorial play a vital role in the preservation and maintenance of the National World War II Memorial as a treasure for the American people, while helping to facilitate key commemorative and educational programs at the Memorial to pay tribute to America’s Greatest Generation and their efforts to preserve liberty for generations to come. (9) The National World War II Memorial stands as an important symbol of America’s national unity, a timeless reminder of the moral strength and power that flows when free people are at once united and bonded together in a common and just cause for liberty. 3. Coin specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coin: (1) $5 gold coins Not more than 50,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins Not more than 400,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Designs of coins (a) Design requirements (1) In general The designs of the coins minted under this Act shall be emblematic of the National World War II Memorial and the service and sacrifice of American soldiers and civilians during World War II. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2023 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (b) Selection The designs for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Friends of the National World War II Memorial; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Friends of the National World War II Memorial to support the National Park Service in maintaining and repairing the National World War II Memorial, and for educational and commemorative programs. (c) Audits The Friends of the National World War II Memorial shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s1596is/xml/BILLS-117s1596is.xml |
117-s-1597 | II 117th CONGRESS 1st Session S. 1597 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Toomey (for himself, Mr. Blunt , Mrs. Blackburn , Mr. Tillis , Mr. Cotton , Mr. Inhofe , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure America's law enforcement officers have access to lifesaving equipment needed to defend themselves and civilians from attacks by terrorists and violent criminals.
1. Short title This Act may be cited as the Lifesaving Gear for Police Act . 2. State and local law enforcement access to lifesaving Federal equipment (a) Unenforceability of certain regulations unless enacted into law (1) In general No regulation, rule, guidance, policy, or recommendations issued on or after May 15, 2015, that limits the sale or donation of property of the Federal Government, including excess property of the Department of Defense, to State and local agencies for law enforcement activities (whether pursuant to section 2576a of title 10, United States Code, or any other provision of law, or as a condition on the use of Federal funds) shall have any force or effect after the date of the enactment of this Act unless enacted into law by Congress. (2) Prohibition on use of funds To enforce regulations No agency or instrumentality of the Federal Government may use any Federal funds, fees, or resources to implement or carry out a regulation, rule, guidance, policy, or recommendation issued as described in subsection (a) that is not enacted into law by Congress. (b) Return or reissue of equipment recalled or seized pursuant to regulations Any property recalled or seized on or after May 15, 2015, pursuant to a regulation, rule, guidance, policy, or recommendation issued as described in subsection (a) shall be returned, replaced, or re-issued to the agency from which recalled or seized, at no cost to such agency, as soon as practicable after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1597is/xml/BILLS-117s1597is.xml |
117-s-1598 | II 117th CONGRESS 1st Session S. 1598 IN THE SENATE OF THE UNITED STATES May 12, 2021 Ms. Baldwin (for herself, Mr. Manchin , Mr. Brown , Ms. Warren , Mr. Van Hollen , Mr. Sanders , Mr. Markey , Mr. Kaine , Mr. Reed , Mr. Booker , Mrs. Feinstein , Ms. Klobuchar , Ms. Hirono , 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 provide for the proper tax treatment of personal service income earned in pass-thru entities.
1. Short title; etc (a) Short title This Act may be cited as the Carried Interest Fairness Act of 2021 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; etc. Sec. 2. Partnership interests transferred in connection with performance of services. Sec. 3. Special rules for partners providing investment management services to partnerships. 2. Partnership interests transferred in connection with performance of services (a) Modification to election To include partnership interest in gross income in year of transfer Subsection (c) of section 83 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Partnership interests Except as provided by the Secretary— (A) In general In the case of any transfer of an interest in a partnership in connection with the provision of services to (or for the benefit of) such partnership— (i) the fair market value of such interest shall be treated for purposes of this section as being equal to the amount of the distribution which the partner would receive if the partnership sold (at the time of the transfer) all of its assets at fair market value and distributed the proceeds of such sale (reduced by the liabilities of the partnership) to its partners in liquidation of the partnership, and (ii) the person receiving such interest shall be treated as having made the election under subsection (b)(1) unless such person makes an election under this paragraph to have such subsection not apply. (B) Election The election under subparagraph (A)(ii) shall be made under rules similar to the rules of subsection (b)(2). . (b) Effective date The amendments made by this section shall apply to interests in partnerships transferred after the date of the enactment of this Act. 3. Special rules for partners providing investment management services to partnerships (a) In general Part I of subchapter K of chapter 1 is amended by adding at the end the following new section: 710. Special rules for partners providing investment management services to partnerships (a) Treatment of distributive share of partnership items For purposes of this title, in the case of an investment services partnership interest— (1) In general Notwithstanding section 702(b)— (A) an amount equal to the net capital gain with respect to such interest for any partnership taxable year shall be treated as ordinary income, and (B) subject to the limitation of paragraph (2), an amount equal to the net capital loss with respect to such interest for any partnership taxable year shall be treated as an ordinary loss. (2) Recharacterization of losses limited to recharacterized gains The amount treated as ordinary loss under paragraph (1)(B) for any taxable year shall not exceed the excess (if any) of— (A) the aggregate amount treated as ordinary income under paragraph (1)(A) with respect to the investment services partnership interest for all preceding partnership taxable years to which this section applies, over (B) the aggregate amount treated as ordinary loss under paragraph (1)(B) with respect to such interest for all preceding partnership taxable years to which this section applies. (3) Allocation to items of gain and loss (A) Net capital gain The amount treated as ordinary income under paragraph (1)(A) shall be allocated ratably among the items of long-term capital gain taken into account in determining such net capital gain. (B) Net capital loss The amount treated as ordinary loss under paragraph (1)(B) shall be allocated ratably among the items of long-term capital loss and short-term capital loss taken into account in determining such net capital loss. (4) Terms relating to capital gains and losses For purposes of this section— (A) In general Net capital gain, long-term capital gain, and long-term capital loss, with respect to any investment services partnership interest for any taxable year, shall be determined under section 1222, except that such section shall be applied— (i) without regard to the recharacterization of any item as ordinary income or ordinary loss under this section, (ii) by only taking into account items of gain and loss taken into account by the holder of such interest under section 702 (other than subsection (a)(9) thereof) with respect to such interest for such taxable year, and (iii) by treating property which is taken into account in determining gains and losses to which section 1231 applies as capital assets held for more than 1 year. (B) Net capital loss The term net capital loss means the excess of the losses from sales or exchanges of capital assets over the gains from such sales or exchanges. Rules similar to the rules of clauses (i) through (iii) of subparagraph (A) shall apply for purposes of the preceding sentence. (5) Special rule for dividends Any dividend allocated with respect to any investment services partnership interest shall not be treated as qualified dividend income for purposes of section 1(h). (6) Special rule for qualified small business stock Section 1202 shall not apply to any gain from the sale or exchange of qualified small business stock (as defined in section 1202(c)) allocated with respect to any investment services partnership interest. (b) Dispositions of partnership interests (1) Gain (A) In general Any gain on the disposition of an investment services partnership interest shall be— (i) treated as ordinary income, and (ii) recognized notwithstanding any other provision of this subtitle. (B) Gift and transfers at death In the case of a disposition of an investment services partnership interest by gift or by reason of death of the taxpayer— (i) subparagraph (A) shall not apply, (ii) such interest shall be treated as an investment services partnership interest in the hands of the person acquiring such interest, and (iii) any amount that would have been treated as ordinary income under this subsection had the decedent sold such interest immediately before death shall be treated as an item of income in respect of a decedent under section 691. (2) Loss Any loss on the disposition of an investment services partnership interest shall be treated as an ordinary loss to the extent of the excess (if any) of— (A) the aggregate amount treated as ordinary income under subsection (a) with respect to such interest for all partnership taxable years to which this section applies, over (B) the aggregate amount treated as ordinary loss under subsection (a) with respect to such interest for all partnership taxable years to which this section applies. (3) Election with respect to certain exchanges Paragraph (1)(A)(ii) shall not apply to the contribution of an investment services partnership interest to a partnership in exchange for an interest in such partnership if— (A) the taxpayer makes an irrevocable election to treat the partnership interest received in the exchange as an investment services partnership interest, and (B) the taxpayer agrees to comply with such reporting and recordkeeping requirements as the Secretary may prescribe. (4) Distributions of partnership property (A) In general In the case of any distribution of property by a partnership with respect to any investment services partnership interest held by a partner, the partner receiving such property shall recognize gain equal to the excess (if any) of— (i) the fair market value of such property at the time of such distribution, over (ii) the adjusted basis of such property in the hands of such partner (determined without regard to subparagraph (C)). (B) Treatment of gain as ordinary income Any gain recognized by such partner under subparagraph (A) shall be treated as ordinary income to the same extent and in the same manner as the increase in such partner’s distributive share of the taxable income of the partnership would be treated under subsection (a) if, immediately prior to the distribution, the partnership had sold the distributed property at fair market value and all of the gain from such disposition were allocated to such partner. For purposes of applying subsection (a)(2), any gain treated as ordinary income under this subparagraph shall be treated as an amount treated as ordinary income under subsection (a)(1)(A). (C) Adjustment of basis In the case a distribution to which subparagraph (A) applies, the basis of the distributed property in the hands of the distributee partner shall be the fair market value of such property. (D) Special rules with respect to mergers and divisions In the case of a taxpayer which satisfies requirements similar to the requirements of subparagraphs (A) and (B) of paragraph (3), this paragraph and paragraph (1)(A)(ii) shall not apply to the distribution of a partnership interest if such distribution is in connection with a contribution (or deemed contribution) of any property of the partnership to which section 721 applies pursuant to a transaction described in section 708(b)(2). (c) Investment services partnership interest For purposes of this section— (1) In general The term investment services partnership interest means any interest in an investment partnership acquired or held by any person in connection with the conduct of a trade or business described in paragraph (2) by such person (or any person related to such person). An interest in an investment partnership held by any person— (A) shall not be treated as an investment services partnership interest for any period before the first date on which it is so held in connection with such a trade or business, (B) shall not cease to be an investment services partnership interest merely because such person holds such interest other than in connection with such a trade or business, and (C) shall be treated as an investment services partnership interest if acquired from a related person in whose hands such interest was an investment services partnership interest. (2) Businesses to which this section applies A trade or business is described in this paragraph if such trade or business primarily involves the performance of any of the following services with respect to assets held (directly or indirectly) by one or more investment partnerships referred to in paragraph (1): (A) Advising as to the advisability of investing in, purchasing, or selling any specified asset. (B) Managing, acquiring, or disposing of any specified asset. (C) Arranging financing with respect to acquiring specified assets. (D) Any activity in support of any service described in subparagraphs (A) through (C). (3) Investment partnership (A) In general The term investment partnership means any partnership if, at the end of any two consecutive calendar quarters ending after the date of enactment of this section— (i) substantially all of the assets of the partnership are specified assets (determined without regard to any section 197 intangible within the meaning of section 197(d)), and (ii) less than 75 percent of the capital of the partnership is attributable to qualified capital interests which constitute property held in connection with a trade or business of the owner of such interest. (B) Look-through of certain wholly owned entities for purposes of determining assets of the partnership (i) In general For purposes of determining the assets of a partnership under subparagraph (A)(i)— (I) any interest in a specified entity shall not be treated as an asset of such partnership, and (II) such partnership shall be treated as holding its proportionate share of each of the assets of such specified entity. (ii) Specified entity For purposes of clause (i), the term specified entity means, with respect to any partnership (hereafter referred to as the upper-tier partnership), any person which engages in the same trade or business as the upper-tier partnership and is— (I) a partnership all of the capital and profits interests of which are held directly or indirectly by the upper-tier partnership, or (II) a foreign corporation which does not engage in a trade or business in the United States and all of the stock of which is held directly or indirectly by the upper-tier partnership. (C) Special rules for determining if property held in connection with trade or business (i) In general Except as otherwise provided by the Secretary, solely for purposes of determining whether any interest in a partnership constitutes property held in connection with a trade or business under subparagraph (A)(ii)— (I) a trade or business of any person closely related to the owner of such interest shall be treated as a trade or business of such owner, (II) such interest shall be treated as held by a person in connection with a trade or business during any taxable year if such interest was so held by such person during any 3 taxable years preceding such taxable year, and (III) paragraph (5)(B) shall not apply. (ii) Closely related persons For purposes of clause (i)(I), a person shall be treated as closely related to another person if, taking into account the rules of section 267(c), the relationship between such persons is described in— (I) paragraph (1) or (9) of section 267(b), or (II) section 267(b)(4), but solely in the case of a trust with respect to which each current beneficiary is the grantor or a person whose relationship to the grantor is described in paragraph (1) or (9) of section 267(b). (D) Antiabuse rules The Secretary may issue regulations or other guidance which prevent the avoidance of the purposes of subparagraph (A), including regulations or other guidance which treat convertible and contingent debt (and other debt having the attributes of equity) as a capital interest in the partnership. (E) Controlled groups of entities (i) In general In the case of a controlled group of entities, if an interest in the partnership received in exchange for a contribution to the capital of the partnership by any member of such controlled group would (in the hands of such member) constitute property held in connection with a trade or business, then any interest in such partnership held by any member of such group shall be treated for purposes of subparagraph (A) as constituting (in the hands of such member) property held in connection with a trade or business. (ii) Controlled group of entities For purposes of clause (i), the term controlled group of entities means a controlled group of corporations as defined in section 1563(a)(1), applied without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities 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 sentence). (F) Special rule for corporations For purposes of this paragraph, in the case of a corporation, the determination of whether property is held in connection with a trade or business shall be determined as if the taxpayer were an individual. (4) Specified asset The term specified asset means securities (as defined in section 475(c)(2) without regard to the last sentence thereof), real estate held for rental or investment, interests in partnerships, commodities (as defined in section 475(e)(2)), cash or cash equivalents, or options or derivative contracts with respect to any of the foregoing. (5) Related persons (A) In general A person shall be treated as related to another person if the relationship between such persons is described in section 267(b) or 707(b). (B) Attribution of partner services Any service described in paragraph (2) which is provided by a partner of a partnership shall be treated as also provided by such partnership. (d) Exception for certain capital interests (1) In general In the case of any portion of an investment services partnership interest which is a qualified capital interest, all items of gain and loss (and any dividends) which are allocated to such qualified capital interest shall not be taken into account under subsection (a) if— (A) allocations of items are made by the partnership to such qualified capital interest in the same manner as such allocations are made to other qualified capital interests held by partners who do not provide any services described in subsection (c)(2) and who are not related to the partner holding the qualified capital interest, and (B) the allocations made to such other interests are significant compared to the allocations made to such qualified capital interest. (2) Authority to provide exceptions to allocation requirements To the extent provided by the Secretary in regulations or other guidance— (A) Allocations to portion of qualified capital interest Paragraph (1) may be applied separately with respect to a portion of a qualified capital interest. (B) No or insignificant allocations to nonservice providers In any case in which the requirements of paragraph (1)(B) are not satisfied, items of gain and loss (and any dividends) shall not be taken into account under subsection (a) to the extent that such items are properly allocable under such regulations or other guidance to qualified capital interests. (C) Allocations to service providers’ qualified capital interests which are less than other allocations Allocations shall not be treated as failing to meet the requirement of paragraph (1)(A) merely because the allocations to the qualified capital interest represent a lower return than the allocations made to the other qualified capital interests referred to in such paragraph. (3) Special rule for changes in services and capital contributions In the case of an interest in a partnership which was not an investment services partnership interest and which, by reason of a change in the services with respect to assets held (directly or indirectly) by the partnership or by reason of a change in the capital contributions to such partnership, becomes an investment services partnership interest, the qualified capital interest of the holder of such partnership interest immediately after such change shall not, for purposes of this subsection, be less than the fair market value of such interest (determined immediately before such change). (4) Special rule for tiered partnerships Except as otherwise provided by the Secretary, in the case of tiered partnerships, all items which are allocated in a manner which meets the requirements of paragraph (1) to qualified capital interests in a lower-tier partnership shall retain such character to the extent allocated on the basis of qualified capital interests in any upper-tier partnership. (5) Exception for no-self-charged carry and management fee provisions Except as otherwise provided by the Secretary, an interest shall not fail to be treated as satisfying the requirement of paragraph (1)(A) merely because the allocations made by the partnership to such interest do not reflect the cost of services described in subsection (c)(2) which are provided (directly or indirectly) to the partnership by the holder of such interest (or a related person). (6) Special rule for dispositions In the case of any investment services partnership interest any portion of which is a qualified capital interest, subsection (b) shall not apply to so much of any gain or loss as bears the same proportion to the entire amount of such gain or loss as— (A) the distributive share of gain or loss that would have been allocated to the qualified capital interest (consistent with the requirements of paragraph (1)) if the partnership had sold all of its assets at fair market value immediately before the disposition, bears to (B) the distributive share of gain or loss that would have been so allocated to the investment services partnership interest of which such qualified capital interest is a part. (7) Qualified capital interest For purposes of this section— (A) In general The term qualified capital interest means so much of a partner’s interest in the capital of the partnership as is attributable to— (i) the fair market value of any money or other property contributed to the partnership in exchange for such interest (determined without regard to section 752(a)), (ii) any amounts which have been included in gross income under section 83 with respect to the transfer of such interest, and (iii) the excess (if any) of— (I) any items of income and gain taken into account under section 702 with respect to such interest, over (II) any items of deduction and loss so taken into account. (B) Adjustment to qualified capital interest (i) Distributions and losses The qualified capital interest shall be reduced by distributions from the partnership with respect to such interest and by the excess (if any) of the amount described in subparagraph (A)(iii)(II) over the amount described in subparagraph (A)(iii)(I). (ii) Special rule for contributions of property In the case of any contribution of property described in subparagraph (A)(i) with respect to which the fair market value of such property is not equal to the adjusted basis of such property immediately before such contribution, proper adjustments shall be made to the qualified capital interest to take into account such difference consistent with such regulations or other guidance as the Secretary may provide. (C) Mergers, consolidations, etc., disregarded No increase or decrease in the qualified capital interest of any partner shall result from a merger, consolidation, or division described in section 708, or any similar transaction. (8) Treatment of certain loans (A) Proceeds of partnership loans not treated as qualified capital interest of service providing partners For purposes of this subsection, an investment services partnership interest shall not be treated as a qualified capital interest to the extent that such interest is acquired in connection with the proceeds of any loan or other advance made or guaranteed, directly or indirectly, by any other partner or the partnership (or any person related to any such other partner or the partnership). The preceding sentence shall not apply to the extent the loan or other advance is repaid before the date of the enactment of this section unless such repayment is made with the proceeds of a loan or other advance described in the preceding sentence. (B) Reduction in allocations to qualified capital interests for loans from nonservice-providing partners to the partnership For purposes of this subsection, any loan or other advance to the partnership made or guaranteed, directly or indirectly, by a partner not providing services described in subsection (c)(2) to the partnership (or any person related to such partner) shall be taken into account in determining the qualified capital interests of the partners in the partnership. (9) Special rule for qualified family partnerships (A) In general In the case of any specified family partnership interest, paragraph (1)(A) shall be applied without regard to the phrase and who are not related to the partner holding the qualified capital interest . (B) Specified family partnership interest For purposes of this paragraph, the term specified family partnership interest means any investment services partnership interest if— (i) such interest is an interest in a qualified family partnership, (ii) such interest is held by a natural person or by a trust with respect to which each beneficiary is a grantor or a person whose relationship to the grantor is described in section 267(b)(1), and (iii) all other interests in such qualified family partnership with respect to which significant allocations are made (within the meaning of paragraph (1)(B) and in comparison to the allocations made to the interest described in clause (ii)) are held by persons who— (I) are related to the natural person or trust referred to in clause (ii), or (II) provide services described in subsection (c)(2). (C) Qualified family partnership For purposes of this paragraph, the term qualified family partnership means any partnership if— (i) all of the capital and profits interests of such partnership are held by— (I) specified family members, (II) any person closely related (within the meaning of subsection (c)(3)(C)(ii)) to a specified family member, or (III) any other person (not described in subclause (I) or (II)) if such interest is an investment services partnership interest with respect to such person, and (ii) such partnership does not hold itself out to the public as an investment advisor. (D) Specified family members For purposes of subparagraph (C), individuals shall be treated as specified family members if such individuals would be treated as one person under the rules of section 1361(c)(1) if the applicable date (within the meaning of subparagraph (B)(iii) thereof) were the latest of— (i) the date of the establishment of the partnership, (ii) the earliest date that the common ancestor holds a capital or profits interest in the partnership, or (iii) the date of the enactment of this section. (e) Other income and gain in connection with investment management services (1) In general If— (A) a person performs (directly or indirectly) investment management services for any investment entity or special purpose acquisition company, (B) such person holds (directly or indirectly) a disqualified interest with respect to such entity or such company (as the case may be), and (C) the value of such interest (or payments thereunder) is substantially related to the amount of income or gain (whether or not realized) from the assets with respect to which the investment management services are performed, any income or gain with respect to such interest shall be treated as ordinary income. Rules similar to the rules of subsections (a)(5) and (d) shall apply for purposes of this subsection. (2) Definitions For purposes of this subsection— (A) Disqualified interest (i) In general The term disqualified interest means, with respect to any investment entity— (I) any interest in such entity other than indebtedness, (II) convertible or contingent debt of such entity, (III) any option or other right to acquire property described in subclause (I) or (II), and (IV) any derivative instrument entered into (directly or indirectly) with such entity or any investor in such entity. (ii) Exceptions Such term shall not include— (I) a partnership interest, (II) except as provided by the Secretary, any interest in a taxable corporation (other than a special purpose acquisition company), and (III) except as provided by the Secretary, stock in an S corporation. (B) Taxable corporation The term taxable corporation means— (i) a domestic C corporation, or (ii) a foreign corporation substantially all of the income of which is— (I) effectively connected with the conduct of a trade or business in the United States, or (II) subject to a comprehensive foreign income tax (as defined in section 457A(d)(2)). (C) Investment management services The term investment management services means a substantial quantity of any of the services described in subsection (c)(2). (D) Investment entity The term investment entity means any entity which, if it were a partnership, would be an investment partnership. (E) Special purpose acquisition company The term special purpose acquisition company means any corporation that— (i) is formed for the purpose of acquiring a privately held company, (ii) is publicly traded on an established securities market or its interests are readily tradable on a secondary market (or the substantial equivalent thereof), and (iii) is required to report an acquisition under Item 2.01 or make a disclosure under Item 5.06 of Form 8-K (or any successor form) with the Securities and Exchange Commission. (f) Exception for domestic C corporations Except as otherwise provided by the Secretary, in the case of a domestic C corporation (other than a special purpose acquisition company, as defined in subsection (e)(2)(E))— (1) subsections (a) and (b) shall not apply to any item allocated to such corporation with respect to any investment services partnership interest (or to any gain or loss with respect to the disposition of such an interest), and (2) subsection (e) shall not apply. (g) Regulations The Secretary shall prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this section, including regulations or other guidance to— (1) require such reporting and recordkeeping by any person in such manner and at such time as the Secretary may prescribe for purposes of enabling the partnership to meet the requirements of section 6031 with respect to any item described in section 702(a)(9), (2) provide modifications to the application of this section (including treating related persons as not related to one another) to the extent such modification is consistent with the purposes of this section, (3) prevent the avoidance of the purposes of this section (including through the use of qualified family partnerships), and (4) coordinate this section with the other provisions of this title. (h) Cross reference For 40 percent penalty on certain underpayments due to the avoidance of this section, see section 6662. . (b) Application of section 751 to indirect dispositions of investment services partnership interests (1) In general Subsection (a) of section 751 is amended by striking or at the end of paragraph (1), by inserting or at the end of paragraph (2), and by inserting after paragraph (2) the following new paragraph: (3) investment services partnership interests held by the partnership, . (2) Certain distributions treated as sales or exchanges Subparagraph (A) of section 751(b)(1) is amended by striking or at the end of clause (i), by inserting or at the end of clause (ii), and by inserting after clause (ii) the following new clause: (iii) investment services partnership interests held by the partnership, . (3) Application of special rules in the case of tiered partnerships Subsection (f) of section 751 is amended— (A) by striking or at the end of paragraph (1), by inserting or at the end of paragraph (2), and by inserting after paragraph (2) the following new paragraph: (3) an investment services partnership interest held by the partnership, , and (B) by striking partner. and inserting partner (other than a partnership in which it holds an investment services partnership interest). . (4) Investment services partnership interests; qualified capital interests Section 751 is amended by adding at the end the following new subsection: (g) Investment services partnership interests For purposes of this section— (1) In general The term investment services partnership interest has the meaning given such term by section 710(c). (2) Adjustments for qualified capital interests The amount to which subsection (a) applies by reason of paragraph (3) thereof shall not include so much of such amount as is attributable to any portion of the investment services partnership interest which is a qualified capital interest (determined under rules similar to the rules of section 710(d)). (3) Exception for publicly traded partnerships Except as otherwise provided by the Secretary, in the case of an exchange of an interest in a publicly traded partnership (as defined in section 7704) to which subsection (a) applies— (A) this section shall be applied without regard to subsections (a)(3), (b)(1)(A)(iii), and (f)(3), and (B) such partnership shall be treated as owning its proportionate share of the property of any other partnership in which it is a partner. (4) Recognition of gains Any gain with respect to which subsection (a) applies by reason of paragraph (3) thereof shall be recognized notwithstanding any other provision of this title. (5) Coordination with inventory items An investment services partnership interest held by the partnership shall not be treated as an inventory item of the partnership. (6) Prevention of double counting Under regulations or other guidance prescribed by the Secretary, subsection (a)(3) shall not apply with respect to any amount to which section 710 applies. (7) Valuation methods The Secretary shall prescribe regulations or other guidance which provide the acceptable methods for valuing investment services partnership interests for purposes of this section. . (c) Treatment for purposes of section 7704 Subsection (d) of section 7704 is amended by adding at the end the following new paragraph: (6) Income from certain carried interests not qualified (A) In general Specified carried interest income shall not be treated as qualifying income. (B) Specified carried interest income For purposes of this paragraph— (i) In general The term specified carried interest income means— (I) any item of income or gain allocated to an investment services partnership interest (as defined in section 710(c)) held by the partnership, (II) any gain on the disposition of an investment services partnership interest (as so defined) or a partnership interest to which (in the hands of the partnership) section 751 applies, and (III) any income or gain taken into account by the partnership under subsection (b)(4) or (e) of section 710. (ii) Exception for qualified capital interests A rule similar to the rule of section 710(d) shall apply for purposes of clause (i). (C) Coordination with other provisions Subparagraph (A) shall not apply to any item described in paragraph (1)(E) (or so much of paragraph (1)(F) as relates to paragraph (1)(E)). (D) Special rules for certain partnerships (i) Certain partnerships owned by real estate investment trusts Subparagraph (A) shall not apply in the case of a partnership which meets each of the following requirements: (I) Such partnership is treated as publicly traded under this section solely by reason of interests in such partnership being convertible into interests in a real estate investment trust which is publicly traded. (II) Fifty percent or more of the capital and profits interests of such partnership are owned, directly or indirectly, at all times during the taxable year by such real estate investment trust (determined with the application of section 267(c)). (III) Such partnership meets the requirements of paragraphs (2), (3), and (4) of section 856(c). (ii) Certain partnerships owning other publicly traded partnerships Subparagraph (A) shall not apply in the case of a partnership which meets each of the following requirements: (I) Substantially all of the assets of such partnership consist of interests in one or more publicly traded partnerships (determined without regard to subsection (b)(2)). (II) Substantially all of the income of such partnership is ordinary income or section 1231 gain (as defined in section 1231(a)(3)). (E) Transitional rule Subparagraph (A) shall not apply to any taxable year of the partnership beginning before the date which is 10 years after the date of the enactment of this paragraph. . (d) Imposition of penalty on underpayments (1) In general Subsection (b) of section 6662 is amended by inserting after paragraph (9) the following new paragraph: (10) The application of section 710(e) or the regulations or other guidance prescribed under section 710(g) to prevent the avoidance of the purposes of section 710. . (2) Amount of penalty (A) In general Section 6662 is amended by adding at the end the following new subsection: (m) Increase in penalty in case of property transferred for investment management services In the case of any portion of an underpayment to which this section applies by reason of subsection (b)(10), subsection (a) shall be applied with respect to such portion by substituting 40 percent for 20 percent . . (B) Conforming amendment Subparagraph (B) of section 6662A(e)(2) is amended by striking or (i) and inserting , (i), or (m) . (3) Special rules for application of reasonable cause exception Subsection (c) of section 6664 is amended— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (B) by striking paragraph (3) in paragraph (5)(A), as so redesignated, and inserting paragraph (4) ; and (C) by inserting after paragraph (2) the following new paragraph: (3) Special rule for underpayments attributable to investment management services (A) In general Paragraph (1) shall not apply to any portion of an underpayment to which section 6662 applies by reason of subsection (b)(10) unless— (i) the relevant facts affecting the tax treatment of the item are adequately disclosed, (ii) there is or was substantial authority for such treatment, and (iii) the taxpayer reasonably believed that such treatment was more likely than not the proper treatment. (B) Rules relating to reasonable belief Rules similar to the rules of subsection (d)(4) shall apply for purposes of subparagraph (A)(iii). . (e) Income and loss from investment services partnership interests taken into account in determining net earnings from self-Employment (1) Internal Revenue Code (A) In general Section 1402(a) is amended by striking and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ; and , and by inserting after paragraph (17) the following new paragraph: (18) notwithstanding the preceding provisions of this subsection, in the case of any individual engaged in the trade or business of providing services described in section 710(c)(2) with respect to any entity, investment services partnership income or loss (as defined in subsection (m)) of such individual with respect to such entity shall be taken into account in determining the net earnings from self-employment of such individual. . (B) Investment services partnership income or loss Section 1402 is amended by adding at the end the following new subsection: (m) Investment services partnership income or loss For purposes of subsection (a)— (1) In general The term investment services partnership income or loss means, with respect to any investment services partnership interest (as defined in section 710(c)) or disqualified interest (as defined in section 710(e)), the net of— (A) the amounts treated as ordinary income or ordinary loss under subsections (b) and (e) of section 710 with respect to such interest, (B) all items of income, gain, loss, and deduction allocated to such interest, and (C) the amounts treated as realized from the sale or exchange of property other than a capital asset under section 751 with respect to such interest. (2) Exception for qualified capital interests A rule similar to the rule of section 710(d) shall apply for purposes of applying paragraph (1)(B). . (2) Social Security Act Section 211(a) of the Social Security Act is amended by striking and at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ; and , and by inserting after paragraph (16) the following new paragraph: (17) Notwithstanding the preceding provisions of this subsection, in the case of any individual engaged in the trade or business of providing services described in section 710(c)(2) of the Internal Revenue Code of 1986 with respect to any entity, investment services partnership income or loss (as defined in section 1402(m) of such Code) shall be taken into account in determining the net earnings from self-employment of such individual. . (f) Separate accounting by partner Section 702(a) is amended by striking and at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting , and , and by inserting after paragraph (8) the following: (9) any amount treated as ordinary income or loss under subsection (a), (b), or (e) of section 710. . (g) Conforming amendments (1) Subsection (d) of section 731 is amended by inserting section 710(b)(4) (relating to distributions of partnership property), after to the extent otherwise provided by . (2) Section 741 is amended by inserting or section 710 (relating to special rules for partners providing investment management services to partnerships) before the period at the end. (3) The table of sections for part I of subchapter K of chapter 1 is amended by adding at the end the following new item: Sec. 710. Special rules for partners providing investment management services to partnerships. . (4) (A) Part IV of subchapter O of chapter 1 is amended by striking section 1061. (B) The table of sections for part IV of subchapter O of chapter 1 is amended by striking the item relating to section 1061. (h) Effective date (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Partnership taxable years which include effective date In applying section 710(a) of the Internal Revenue Code of 1986 (as added by this section) in the case of any partnership taxable year which includes the date of the enactment of this Act, the amount of the net capital gain referred to in such section shall be treated as being the lesser of the net capital gain for the entire partnership taxable year or the net capital gain determined by only taking into account items attributable to the portion of the partnership taxable year which is after such date. (3) Dispositions of partnership interests (A) In general Section 710(b) of such Code (as added by this section) shall apply to dispositions and distributions after the date of the enactment of this Act. (B) Indirect dispositions The amendments made by subsection (b) shall apply to transactions after the date of the enactment of this Act. (4) Other income and gain in connection with investment management services Section 710(e) of such Code (as added by this section) shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1598is/xml/BILLS-117s1598is.xml |
117-s-1599 | II 117th CONGRESS 1st Session S. 1599 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Cornyn (for himself, Mr. Rubio , Mr. Braun , Mr. Tillis , Mr. Portman , Ms. Ernst , Mr. Moran , Mr. Cassidy , Mr. Boozman , Mr. Inhofe , Mr. Scott of Florida , Mr. Daines , Mrs. Blackburn , Mr. Cramer , Mrs. Hyde-Smith , Mr. Risch , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect law enforcement officers, and for other purposes.
1. Short title This Act may be cited as the Back the Blue Act of 2021 . 2. Protection of law enforcement officers (a) Killing of law enforcement officers (1) Offense Chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. Killing of law enforcement officers (a) Definitions In this section— (1) the terms Federal law enforcement officer and United States judge have the meanings given those terms in section 115; (2) the term federally funded public safety officer means a public safety officer or judicial officer for a public agency that— (A) receives Federal financial assistance; and (B) is an agency of an entity that is a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States, an Indian tribe, or a unit of local government of that entity; (3) the term firefighter includes an individual serving as an official recognized or designated member of a legally organized volunteer fire department and an officially recognized or designated public employee member of a rescue squad or ambulance crew; (4) the term judicial officer means a judge or other officer or employee of a court, including prosecutors, court security, pretrial services officers, court reporters, and corrections, probation, and parole officers; (5) the term law enforcement officer means an individual, with statutory arrest powers, involved in crime or juvenile delinquency control or reduction or enforcement of the laws; (6) the term public agency includes a court system, the National Guard of a State to the extent the personnel of that National Guard are not in Federal service, and the defense forces of a State authorized by section 109 of title 32; and (7) the term public safety officer means an individual serving a public agency in an official capacity, as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew. (b) Offense It shall be unlawful for any person to— (1) kill, or attempt or conspire to kill— (A) a United States judge; (B) a Federal law enforcement officer; or (C) a federally funded public safety officer while that officer is engaged in official duties, or on account of the performance of official duties; or (2) kill a former United States judge, Federal law enforcement officer, or federally funded public safety officer on account of the past performance of official duties. (c) Penalty Any person that violates subsection (b) shall be fined under this title and imprisoned for not less than 10 years or for life, or, if death results, shall be sentenced to not less than 30 years and not more than life, or may be punished by death. . (2) Table of sections The table of sections for chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. Killing of law enforcement officers. . (b) Assault of law enforcement officers (1) Offense Chapter 7 of title 18, United States Code, is amended by adding at the end the following: 120. Assaults of law enforcement officers (a) Definition In this section, the term federally funded State or local law enforcement officer means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws (including a police, corrections, probation, or parole officer) who works for a public agency (that receives Federal financial assistance) of a State of the United States or the District of Columbia. (b) Offense It shall be unlawful to assault a federally funded State or local law enforcement officer while engaged in or on account of the performance of official duties, or assaults any person who formerly served as a federally funded State or local law enforcement officer on account of the performance of such person's official duties during such service, or because of the actual or perceived status of the person as a federally funded State or local law enforcement officer. (c) Penalty Any person that violates subsection (b) shall be subject to a fine under this title and— (1) if the assault resulted in bodily injury (as defined in section 1365), shall be imprisoned not less than 2 years and not more than 10 years; (2) if the assault resulted in substantial bodily injury (as defined in section 113), shall be imprisoned not less than 5 years and not more than 20 years; (3) if the assault resulted in serious bodily injury (as defined in section 1365), shall be imprisoned for not less than 10 years; (4) if a deadly or dangerous weapon was used during and in relation to the assault, shall be imprisoned for not less than 20 years; and (5) shall be imprisoned for not more than 1 year in any other case. (d) Certification requirement (1) In general No prosecution of any offense described in this section may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that— (A) the State does not have jurisdiction; (B) the State has requested that the Federal Government assume jurisdiction; (C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or (D) a prosecution by the United States is in the public interest and necessary to secure substantial justice. (2) Rule of construction Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section. (e) Statute of limitations (1) Offenses not resulting in death Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed. (2) Offenses resulting in death An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation. . (2) Table of sections The table of sections for chapter 7 of title 18, United States Code, is amended by adding at the end the following: 120. Killing of law enforcement officers. . (c) Flight To avoid prosecution for killing law enforcement officials (1) Offense Chapter 49 of title 18, United States Code, is amended by adding at the end the following: 1075. Flight to avoid prosecution for killing law enforcement officials (a) Offense It shall be unlawful for any person to move or travel in interstate or foreign commerce with intent to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the person flees or under section 1114 or 1123, for a crime consisting of the killing, an attempted killing, or a conspiracy to kill a Federal judge or Federal law enforcement officer (as those terms are defined in section 115), or a federally funded public safety officer (as that term is defined in section 1123). (b) Penalty Any person that violates subsection (a) shall be fined under this title and imprisoned for not less than 10 years, in addition to any other term of imprisonment for any other offense relating to the conduct described in subsection (a). . (2) Table of sections The table of sections for chapter 49 of title 18, United States Code, is amended by adding at the end the following: 1075. Flight to avoid prosecution for killing law enforcement officials. . 3. Specific aggravating factor for Federal death penalty killing of law enforcement officer (a) Aggravating factors for homicide Section 3592(c) of title 18, United States Code, is amended by inserting after paragraph (16) the following: (17) Killing of a law enforcement officer, prosecutor, judge, or first responder The defendant killed or attempted to kill a person who is authorized by law— (A) to engage in or supervise the prevention, detention, or investigation of any criminal violation of law; (B) to arrest, prosecute, or adjudicate an individual for any criminal violation of law; or (C) to be a firefighter or other first responder. . 4. Limitation on Federal habeas relief for murders of law enforcement officers (a) Justice for law enforcement officers and their families (1) In general Section 2254 of title 28, United States Code, is amended by adding at the end the following: (j) (1) For an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a public safety officer (as that term is defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796b )) or judge, while the public safety officer or judge was engaged in the performance of official duties, or on account of the performance of official duties by or status as a public safety officer or judge of the public safety officer or judge— (A) the application shall be subject to the time limitations and other requirements under sections 2263, 2264, and 2266; and (B) the court shall not consider claims relating to sentencing that were adjudicated in a State court. (2) Sections 2251, 2262, and 2101 are the exclusive sources of authority for Federal courts to stay a sentence of death entered by a State court in a case described in paragraph (1). . (2) Rules Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts is amended by adding at the end the following: Rule 60(b)(6) of the Federal Rules of Civil Procedure shall not apply to a proceeding under these rules in a case that is described in section 2254(j) of title 28, United States Code. . (3) Finality of determination Section 2244(b)(3)(E) of title 28, United States Code, is amended by striking the subject of a petition and all that follows and inserting: reheard in the court of appeals or reviewed by writ of certiorari. . (4) Effective date and applicability (A) In general This paragraph and the amendments made by this paragraph shall apply to any case pending on or after the date of enactment of this Act. (B) Time limits In a case pending on the date of enactment of this Act, if the amendments made by this paragraph impose a time limit for taking certain action, the period of which began before the date of enactment of this Act, the period of such time limit shall begin on the date of enactment of this Act. (C) Exception The amendments made by this paragraph shall not bar consideration under section 2266(b)(3)(B) of title 28, United States Code, of an amendment to an application for a writ of habeas corpus that is pending on the date of enactment of this Act, if the amendment to the petition was adjudicated by the court prior to the date of enactment of this Act. 5. Self-defense rights for law enforcement officers (a) In general Chapter 203 of title 18, United States Code, is amended by inserting after section 3053 the following: 3054. Authority of law enforcement officers to carry firearms Any sworn officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law, or to supervise or secure the safety of incarcerated inmates, may carry firearms if authorized by law to do so. Such authority to carry firearms, with respect to the lawful performance of the official duties of a sworn officer, agent, or employee of a State or a political subdivision thereof, shall include possession incident to depositing a firearm within a secure firearms storage area for use by all persons who are authorized to carry a firearm within any building or structure classified as a Federal facility or Federal court facility, as those terms are defined under section 930, and any grounds appurtenant to such a facility. . (b) Carrying of concealed firearms by qualified law enforcement officers Section 926B(e)(2) of title 18, United States Code, is amended by inserting any magazine and after includes . (c) Carrying of concealed firearms by qualified retired law enforcement officers Section 926C(e)(1)(B) of title 18, United States Code, is amended by inserting any magazine and after includes . (d) School zones Section 922(q)(2)(B)(vi) title 18, United States Code, is amended by inserting , a qualified law enforcement officer (as defined in section 926B), or a qualified retired law enforcement officer (as defined in section 926C) before the semicolon. (e) Regulations required Not later than 60 days after the date of enactment of this Act, the Attorney General shall promulgate regulations allowing persons described in section 3054 of title 18, United States Code, to possess firearms in a manner described by that section. With respect to Federal justices, judges, bankruptcy judges, and magistrate judges, such regulations shall be prescribed after consultation with the Judicial Conference of the United States. (f) Table of sections The table of sections for chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3053 the following: 3054. Authority of law enforcement officers to carry firearms. . (g) Further amendments Section 930 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (2), by striking or at the end; (B) in paragraph (3), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (4) the possession of a firearm or ammunition in a Facility Security Level I or II civilian public access facility by a qualified law enforcement officer (as defined in section 926B(c)) or a qualified retired law enforcement officer (as defined in section 926C(c)). ; and (2) in subsection (g), by adding at the end the following: (4) The term Facility Security Level means a security risk assessment level assigned to a Federal facility by the security agency of the facility in accordance with the biannually issued Interagency Security Committee Standard. (5) The term civilian public access facility means a facility open to the general public. . 6. Improving the relationship between law enforcement agencies and the communities they serve (a) In general For each of fiscal years 2021 through 2025, the Attorney General using covered amounts shall, using such amounts as are necessary not to exceed $20,000,000, award grants to State, local, or tribal law enforcement agencies and appropriate nongovernmental organizations to— (1) promote trust and ensure legitimacy among law enforcement agencies and the communities they serve through procedural reforms, transparency, and accountability; (2) develop comprehensive and responsive policies on key topics relevant to the relationship between law enforcement agencies and the communities they serve; (3) balance the embrace of technology and digital communications with local needs, privacy, assessments, and monitoring; (4) encourage the implementation of policies that support community-based partnerships in the reduction of crime; (5) emphasize the importance of high quality and effective training and education through partnerships with local and national training facilities; and (6) endorse practices that support officer wellness and safety through the re-evaluation of officer shift hours, including data collection and analysis. (b) Covered amounts defined In this section, the term covered amounts means— (1) any unobligated balances made available under the heading GENERAL ADMINISTRATION under the heading DEPARTMENT OF JUSTICE in an appropriations Act in a fiscal year; (2) any amounts made available for an Edward Byrne Memorial criminal justice innovation program under the heading STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE under the heading OFFICE OF JUSTICE PROGRAMS under the heading DEPARTMENT OF JUSTICE in an appropriations Act in a fiscal year; or (3) any combination of amounts described in paragraphs (1) and (2). | https://www.govinfo.gov/content/pkg/BILLS-117s1599is/xml/BILLS-117s1599is.xml |
117-s-1600 | II 117th CONGRESS 1st Session S. 1600 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Barrasso (for himself and Ms. Lummis ) 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 make modifications to the Abandoned Mine Reclamation Fund, and for other purposes.
1. Short title This Act may be cited as the Abandoned Mine Land Reclamation Fee Reauthorization Act of 2021 . 2. Reclamation fee (a) Amount Section 402(a) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(a) ) is amended— (1) by striking 28 cents and inserting 16.8 cents ; (2) by striking 12 cents and inserting 7.2 cents ; and (3) by striking 8 cents and inserting 4.8 cents . (b) Duration 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, 2028 . 3. Increased revenue sharing with coal-producing States Section 35(a) of the Mineral Leasing Act ( 30 U.S.C. 191(a) ) is amended, in the first sentence, by striking 50 per centum thereof and inserting 50 percent of the amount received, or in the case of any amount received from coal leases, 60 percent of the amount received, . 4. Sequestration provisions (a) Exemption of payments to states and indian tribes from the abandoned mine reclamation fund from sequestration (1) In general Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) ) is amended by inserting after Payments to Social Security Trust Funds (28–0404–0–1–651). the following: (1) Payments to States and Indian Tribes from the Abandoned Mine Reclamation Fund and payments to States and Indian Tribes under section 402(i)(2) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(i)(2) ) (12–50q5–0–2–999). . (2) Applicability The amendment made by paragraph (1) shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq.) on or after the date of enactment of this Act. (b) Payment from withheld amounts (1) In general From amounts withheld pursuant to section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ) from payments to States and Indian tribes under section 402(g) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(g) ) during fiscal years 2013 through 2021, the Secretary of the Interior (referred to in this Act as the Secretary ) shall distribute for fiscal year 2022 to each State and each Indian tribe from which the amounts were withheld an amount equal to the total amount so withheld from the State or Indian tribe. (2) Use Amounts distributed under paragraph (1) may be used by a State or Indian tribe only for the purposes authorized by section 402(g) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(g) ). 5. Amounts distributed from Abandoned Mine Reclamation Fund Section 401(f)(2) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231(f)(2) ) is amended— (1) in subparagraph (A)— (A) in the subparagraph heading, by striking 2022 and inserting 2037 ; and (B) in the matter preceding clause (i), by striking 2022 and inserting 2037 ; and (2) in subparagraph (B)— (A) in the subparagraph heading, by striking 2023 and inserting 2038 ; (B) by striking 2023 and inserting 2038 ; and (C) by striking 2022 and inserting 2037 . 6. Applicability of certain transfer requirement to payments to States and Indian tribes Section 402(i)(3) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(i)(3) ) is amended by adding at the end the following: (C) Application Subparagraph (B) shall not apply to transfers to the Secretary of the Interior for distribution to States and Indian tribes under paragraph (2). . 7. Additional grants from Abandoned Mine Reclamation Fund (a) In general Title IV of the Surface Mining Control and Reclamation Act of 1977 is amended by inserting after section 415 ( 30 U.S.C. 1244 ) the following: 416. Additional grants for priority 1 and priority 2 sites (a) Definition of eligible State or Indian tribe In this section, the term eligible State or Indian tribe means a State or Indian tribe— (1) with an approved State Reclamation Plan under section 405; and (2) that is not certified under section 411(a). (b) Additional grants Of amounts in the fund that are not otherwise appropriated, $140,000,000 shall be made available to the Secretary, without further appropriation, for each of fiscal years 2022 through 2037, to make grants to eligible States and Indian tribes for the conduct of reclamation projects designed to achieve the priorities described in paragraphs (1) and (2) of section 403(a). (c) Requirement In making grants under subsection (b) to eligible States and Indian tribes, the Secretary shall allocate the grants to those States and Indian tribes based on the amount of coal historically produced in the State or from the Indian lands concerned before August 3, 1977, in the same manner as under section 402(g)(5). . (b) Conforming amendments (1) Section 401 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 ) is amended— (A) in subsection (c)— (i) in paragraph (10), by striking and at the end; (ii) by redesignating paragraph (11) as paragraph (12); and (iii) by inserting after paragraph (10) the following: (11) to make additional grants under section 416; and ; and (B) in subsection (d)(3), by inserting and section 416 before the period at the end. (2) Section 402(g) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(g) ) is amended— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting and section 416 after subsection (h) ; and (B) in paragraph (3), by adding at the end the following: (F) For the purpose of section 416. . 8. State memoranda of understanding for remediation of mine drainage; community reclaimer partnerships (a) State memoranda of understanding for certain remediation of mine drainage Section 405 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1235 ) is amended by adding at the end the following: (m) State memoranda of understanding for remediation of mine drainage (1) Authorization (A) In general Subject to the approval of the Secretary and the Administrator of the Environmental Protection Agency (referred to in this subsection as the Administrator ) under paragraph (4), a State with an approved State Reclamation Plan may enter into a memorandum of understanding with relevant Federal or State agencies to remediate mine drainage on abandoned mine land and water impacted by abandoned mines within the State. (B) Updates A memorandum of understanding entered into under subparagraph (A) may be updated as necessary and resubmitted for approval under paragraph (4). (2) Memoranda of understanding requirements (A) In general A memorandum of understanding entered into under paragraph (1)(A) shall establish a strategy to address water pollution resulting from mine drainage at sites eligible for reclamation and mine drainage abatement expenditures under section 404, including specific procedures for— (i) ensuring that activities carried out to address mine drainage will result in improved water quality; (ii) monitoring, sampling, and reporting of collected information as necessary to achieve the condition required under clause (i); (iii) operation and maintenance of treatment systems as necessary to achieve the condition required under clause (i); and (iv) other purposes, as considered necessary by the State or Federal agencies that are parties to the memorandum of understanding, to achieve the condition required under clause (i). (B) Requirement The strategy established under subparagraph (A) shall be satisfactory to the State and Federal agencies that are parties to the memorandum of understanding. (3) Public review and comment (A) In general Before submitting a memorandum of understanding to the Secretary and the Administrator for approval under paragraph (4), a State shall— (i) invite interested members of the public to comment on the memorandum of understanding; and (ii) hold not less than 1 public meeting concerning the memorandum of understanding in a location reasonably accessible to persons who may be affected by implementation of the memorandum of understanding. (B) Notice of meeting Not later than 15 days before the date of a meeting under subparagraph (A), the State shall publish notice of the meeting in local newspapers of general circulation, on the internet, and by any other means considered necessary or desirable by the Secretary and the Administrator. (4) Submission and approval (A) In general Before entering into a memorandum of understanding under paragraph (1)(A), a State shall submit the memorandum of understanding to the Secretary and the Administrator for approval. (B) Deadline Not later than 120 days after the date on which a State submits the memorandum of understanding for approval under subparagraph (A), the Secretary and the Administrator shall approve or disapprove the memorandum of understanding. (C) Requirement The Secretary and the Administrator shall approve a memorandum of understanding under this paragraph if the Secretary and Administrator find that the memorandum of understanding will facilitate additional activities to improve water quality under the approved State Reclamation Plan of the State. (5) Treatment as part of State plan A memorandum of understanding that is approved by the Secretary and the Administrator under this subsection shall be considered to be part of the approved State Reclamation Plan of the State. . (b) Community reclaimer partnerships Section 405 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1235 ) (as amended by subsection (a)) is amended by adding at the end the following: (n) Community Reclaimer partnerships (1) Definition of community reclaimer In this subsection, the term community reclaimer means any person who— (A) seeks to voluntarily assist a State with a reclamation project under this section; (B) did not participate in any way in— (i) the creation of site conditions at the project site; or (ii) activities that caused any land or waters at the project site to become eligible for reclamation or drainage abatement expenditures under section 404; (C) is not a past or current owner or operator of any site with ongoing reclamation obligations; and (D) is not subject to outstanding violations listed pursuant to section 510(c). (2) Authorization of community reclaimer projects The Secretary may authorize a community reclaimer to carry out a reclamation project under this section for which a request for approval submitted by the State under paragraph (3) has been approved by the Secretary in accordance with paragraph (4). (3) Project submission (A) In general A State may submit to the Secretary a request to authorize a community reclaimer to carry out a reclamation project under this section in the State. (B) Requirements A request submitted under subparagraph (A) shall include— (i) a description of the project, including any engineering plans that include the seal of a professional engineer; (ii) a description of the 1 or more project sites, including, if relevant, the nature and extent of pollution resulting from mine drainage; (iii) identification of the past and current owners and operators of any project sites; (iv) the agreement or contract between the State and the community reclaimer to carry out the project; (v) a determination by the State that the project will facilitate the activities of the State Reclamation Plan under subsection (e); (vi) sufficient information to determine whether the community reclaimer has the technical capability and expertise to successfully conduct the project; (vii) a cost estimate for the project; (viii) evidence that the community reclaimer has sufficient financial resources to ensure the successful completion of the project (including any operation or maintenance costs); (ix) a schedule for completion of the project; (x) an agreement between the community reclaimer and the owner of the project site governing access to the project site; (xi) sufficient information to ensure that the community reclaimer meets the requirements of paragraph (1); (xii) a contingency plan designed to be used in response to unplanned adverse events that includes emergency actions, response, and notifications; and (xiii) an agreement by the State that, before the initiation of the project, the State shall— (I) provide notice to adjacent and downstream landowners and the public; and (II) hold a public meeting near the project site. (4) Project Approval Not later than 120 days after the date on which the Secretary receives a request submitted under paragraph (3)(A), the Secretary shall approve the request for the community reclaimer to carry out the project, if the Secretary determines that— (A) the project— (i) complies with the submission requirements under paragraph (3)(B); (ii) will be conducted by a community reclaimer or 1 or more approved subcontractors of the community reclaimer; (iii) will be conducted on 1 or more sites inventoried under section 403(c); (iv) in the case of a project that remediates mine drainage, is consistent with an approved State memorandum of understanding under subsection (m); and (v) is not in a category of projects that would require a permit under title V; and (B) the State that submitted the request— (i) has entered into an agreement with the community reclaimer under which the State shall assume all responsibility with respect to the project for any costs or damages resulting from any action or inaction on the part of the community reclaimer in carrying out the project, except for costs or damages resulting from gross negligence or intentional misconduct by the community reclaimer, on behalf of the community reclaimer and the owner of the project site, if the community reclaimer or owner, respectively, did not participate in any way in the creation of site conditions at the project site or activities that caused any land or water to become eligible for reclamation or drainage abatement expenditures under section 404; (ii) (I) has the necessary legal authority to carry out the project; and (II) will obtain all authorizations, permits, licenses, and other approvals required by law to ensure completion of the project; and (iii) has sufficient financial resources to ensure completion of the project, including any necessary operation and maintenance costs (including costs associated with emergency actions covered by a contingency plan under paragraph (3)(B)(xii)). . (c) Clarifying State liability for mine drainage projects Section 413(d) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1242(d) ) is amended, in the second sentence, by striking Act. and inserting Act, unless that control or treatment will be conducted in accordance with a State memorandum of understanding approved under section 405(m). . (d) Conforming amendments Section 405(f) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1235(f) ) is amended— (1) in paragraph (6), by striking and after the semicolon; (2) in paragraph (7), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (8) a list of projects proposed under subsection (n). . 9. Department of the Interior study and report on technological innovations for use in the abandoned mine land reclamation program (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a study of technologies for use in the abandoned mine land reclamation program established under title IV of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 et seq.) (referred to in this Act as the program ) that would improve reclamation and reduce costs under the program, including the application of technical innovations in the technology development and transfer program of the Office of Surface Mining Reclamation and Enforcement, including— (1) geomorphic reclamation; (2) drone technology; and (3) other technologies that would— (A) improve overall reclamation; (B) reduce costs of reclamation; and (C) improve safety. (b) Report As soon as practicable after completing the study under subsection (a), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the study that includes recommendations for areas of improvement identified under the study. 10. Department of the Interior study and report to strengthen oversight of the abandoned mine land reclamation program (a) Study and report (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a study— (A) to identify areas throughout the program in which costs could be reduced; and (B) to determine the ratio of overhead spending in the administration of the program to spending on the clean up of abandoned mine land sites. (2) Report As soon as practicable after completing the study under paragraph (1), 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 describing the results of the study that includes recommendations for areas of improvement identified under the study. (b) Annual OSMRE report The Secretary shall require the Director of the Office of Surface Mining Reclamation and Enforcement to publish annual reports on the efficacy of the Abandoned Mine Land Reclamation Economic Development Pilot Program (also known as the AML Pilot ), including a detailed accounting of all projects funded and completed using funding made available for that program under the heading abandoned mine reclamation fund under the heading Office of Surface Mining Reclamation and Enforcement under the heading Department of the Interior in title I of the division relating to Department of the Interior, Environment, and related agencies appropriations in each of— (1) the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 129 Stat. 2536); (2) the Consolidated Appropriations Act, 2017 ( Public Law 115–31 ; 131 Stat. 446); (3) the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat 646); (4) the Consolidated Appropriations Act, 2019 ( Public Law 116–6 ; 133 Stat. 217); (5) the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ; 133 Stat. 2698); (6) the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ); and (7) any future appropriations Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1600is/xml/BILLS-117s1600is.xml |
117-s-1601 | II 117th CONGRESS 1st Session S. 1601 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Schatz (for himself, Mr. Bennet , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish the Future of Local News Committee to examine and report on the role of local news gathering in sustaining democracy in the United States and the factors contributing to the demise of local journalism, and to propose policies and mechanisms that could reinvigorate local news to meet the critical information needs of the people of the United States in the 21st century.
1. Short title This Act may be cited as the Future of Local News Act of 2021 . 2. Findings Congress finds and declares the following: (1) The United States of America was founded on the press freedom principle enshrined in the First Amendment to the Constitution, declaring that Congress shall make no law . . . abridging the freedom of speech, or of the press . . . . . (2) Democracy demands wisdom and vision in its citizens, and an informed citizenry depends on accurate and unbiased news reporting to inform the people’s judgments. (3) Thomas Jefferson famously and wisely wrote, [W]ere it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter. . (4) (A) According to research by the University of North Carolina School of Media and Journalism, Center for Innovation and Sustainability in Local Media: (i) The United States has lost more than 2,100 local print outlets since 2004. (ii) More than 200 counties in the United States have no newspaper at all, creating a news shortage for the 3,200,000 residents of those counties. (iii) Of the remaining counties, more than half, or 1,528, have only one newspaper, often a weekly newspaper, to cover populations ranging from under 1,000 to more than 1,000,000 residents. (iv) More than half of all United States newspapers have changed owners in the past decade, and in 2018 just 25 companies owned two-thirds of all daily newspapers. (v) Of the surviving 6,700 newspapers in the United States, at least 1,000 qualify as ghost newspapers , or newspapers whose reporting staffs are so significantly reduced that they can no longer provide much of the breaking news or public service journalism that once informed readers about vital issues in their communities . (vi) Rural counties are among the counties most deeply impacted. More than 500 of the 2,100 newspapers that have closed or merged since 2004 have been in rural counties. (B) According to the Pew Research Center, total newsroom employment (meaning in newspapers, television, radio, and digital) dropped by roughly 25 percent from 2008 to 2018, while the plunge in newspaper newsrooms alone was much worse, at 47 percent. (C) According to the program On the Media of WNYC Studios, beat reporting, meaning the day-to-day coverage of a particular field that allows a journalist to develop expertise and cultivate sources, has been gutted. (D) Freedom of Information Act requests submitted by local newspapers to local, State, and Federal agencies fell by nearly 50 percent between 2005 and 2010, demonstrating a significant drop in the extent to which reporters request government records. (E) According to the Pew Research Center, newspapers alone lost more than $35,000,000,000 in advertising revenue between 2004 and 2018. (F) A 2018 study by American Indian Media Today found that the number of American Indian print media sources has shrunk dramatically in recent years, from 700 media outlets in 1998 to only 200 in 2018. (5) According to the Native American Journalists Association, Tribal news outlets are often dependent on Tribal governments for funding, but most Tribal news outlets lack the policy structure necessary to fully protect journalistic independence. (6) As a result, freedoms of speech and press among Tribal nations are inconsistent, as Tribal media journalists report experiencing punitive budgetary restrictions, censorship, required prior approval of content, and workplace harassment in pursuit of Tribal reporting. (7) In its 2019 call-to-action report, Losing the News: The Decimation of Local Journalism and the Search for Solutions , PEN America proposed a major reimagining of the local news space, in which local reporting is re-conceptualized as a public good , calling on society and government to urgently address the alarming demise of local journalism. (8) Half a century ago, Congress perceived that the commercial television industry would not on its own provide the educational and public interest broadcasting that was appropriate and necessary for the country, and, informed by an independent report prepared by the Carnegie Commission on Educational Television, saw fit to create the Corporation for Public Broadcasting, which has since ensured that radio and television include public interest educational and reporting programs, using annually appropriated funds. (9) In order to determine an appropriate course of action to preserve and sustain local news across the United States, including in all States, territories, insular communities, and Tribal areas, it is desirable to establish a Federal advisory committee on the future of local news to prepare a report that would make recommendations to Congress. 3. Future of Local News Committee (a) Establishment There is established an advisory committee to be known as the Future of Local News Committee (in this section referred to as the Committee ). (b) Purpose The purpose of the Committee is to— (1) examine the state of local news and the ability of local news to sustain democracy by meeting the critical information needs of the people of the United States; and (2) provide recommendations on mechanisms that the Federal Government can create and effectively implement to support production of professional, independent, and high-quality local news to meet the needs of the public, which recommendations, in addition to any other proposals deemed appropriate, may explore the possible creation of a new national endowment for local journalism, or the reform and expansion of the Corporation for Public Broadcasting or another appropriate institution, to make public funds a part of a multi-faceted approach to sustaining local news. (c) Membership (1) Composition The Committee shall be composed of 13 members, of whom— (A) 2 shall be appointed by the majority leader of the Senate; (B) 2 shall be appointed by the minority leader of the Senate; (C) 2 shall be appointed by the Speaker of the House of Representatives; (D) 2 shall be appointed by the minority leader of the House of Representatives; (E) 2 shall be appointed by the Chairman of the Board of Directors of the Corporation for Public Broadcasting; (F) 2 shall be appointed by the Chairperson of the National Endowment for the Humanities; and (G) 1 shall be appointed by the Chief Executive Officer of the United States Agency for Global Media. (2) Criteria for service on the committee To the extent practicable, the Committee shall include members with relevant expertise, such as individuals in the following positions: (A) Print media news editor. (B) Digital-native or digital-first news editor. (C) Broadcast news editor. (D) Local county editor or journalist of a news outlet with circulation or readership of not more than 75,000. (E) Print media journalist or editor for a news outlet that serves national readership. (F) Nonprofit news outlet journalist or editor. (G) Broadcast news reporter who works for a local broadcast outlet serving a single community or geographic area. (H) A research expert on the state of local news and the phenomenon of the industry’s revenue loss and overall contraction during last 10 or more years. (I) Business leader in the media industry. (J) Labor union leader in the media industry. (K) Dean or professor at a university school of journalism. (L) Civil society representative from a nonpartisan organization that examines the nature of the local news crisis. (M) Editor or other senior professional of a regional ethnic media outlet serving communities in which English is a second language. (N) Editor or other senior professional of a Tribal news outlet or a news outlet serving American Indian, Alaska Native, or Native Hawaiian communities. (3) Diversity To the extent practicable, the Committee shall— (A) include members from diverse regions of the country and reflect the experience of rural, urban, suburban, insular, and Tribal communities; and (B) reflect the gender, racial, and ethnic diversity of the United States. (4) Designation of alternates If a member of the Committee is unable to serve on the Committee for the duration of the Committee, the official who had appointed the resigning committee member shall appoint an alternate not later than 30 days after the member withdraws or becomes unable to serve. (5) Chairperson The chairperson of the Committee shall be elected by the Committee from among the members by a majority vote at the initial meeting. (6) Term of membership Members of the Committee shall serve until the date on which the Committee terminates under subsection (h). (7) Compensation Members of the Committee shall not be compensated for membership on the Committee but may be allowed reimbursement for travel and incidental expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (d) Duties The duties of the Committee are as follows: (1) To examine the implications for the democracy of the United States of the disappearance of so many local newspapers, digital news outlets, and broadcasting outlets— (A) in every State and territory; (B) in rural, urban, suburban, insular, and Tribal communities, of the United States; and (C) that serve Black communities and non-English-speaking communities. (2) To assess— (A) the impact the coronavirus pandemic has had on the demise of the news industry; and (B) whether the Paycheck Protection Program set forth in section 7(a)(36) of the Small Business Act ( 15 U.S.C. 636(a)(36) ) has had beneficial effects on local news organizations. (3) To assess the effectiveness of existing Federal statutes (including the Internal Revenue Code of 1986 and the antitrust laws), regulations, institutions (including the Corporation for Public Broadcasting), and programs in supporting the production of local news. (4) To examine potential new mechanisms for public funding for the production of local news to meet the critical information needs of the people of the United States and address systemic inequities in media coverage and representation throughout the country. (5) To consider issues of transparency and other guardrails, such as editorial independence from government actors and a distinct, independent legal and financial structure for the funding institution, which must be addressed if public funding is viewed in principle as one path forward to support production of local news. (e) Powers of the Committee (1) Hearings The Committee may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Committee considers appropriate. (2) Powers of members and agents Any member of the Committee may, upon authorization by the Committee, take any action that the Committee is authorized to take under this section. (3) Obtaining official data Subject to applicable privacy laws and relevant regulations, the Committee may secure directly from any department or agency of the United States information and data necessary to enable it to carry out this section. Upon written request of the chairperson of the Committee, the head or acting representative of that department or agency shall furnish the requested information to the Committee not later than 30 days after receipt of the request. (f) Operating rules and procedure (1) Initial meeting The Committee shall meet not later than 30 days after the date on which a majority of the members of the Committee have been appointed. (2) Meetings The Committee shall convene some of its public meetings in various regions of the country. (3) Voting Each member of the Committee shall have 1 vote. (4) Recommendations The Committee shall adopt recommendations only upon a majority vote. (5) Quorum A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold meetings, gather information and evidence, and review draft reports from staff. (g) Staff (1) Personnel The chairperson of the Committee may appoint staff to inform, support, and enable committee members in the fulfillment of their responsibilities. A staff member may not be a local, State, or Federal elected official or be affiliated with or employed by such an elected official during the duration of the Committee. (2) Expert consultants As needed, the Committee may commission intermittent research or other information from experts and provide stipends for engagement consistent with relevant statutes and regulations. (h) Duration The Committee shall terminate 60 days after the date on which the Committee presents the findings, conclusions, and recommendations of the Committee at the public hearing described in subsection (i)(3). (i) Report (1) Submittal of report Not later than 1 year after the date of the initial meeting of the Committee, the chairperson of the Committee shall submit to Congress a comprehensive report on the findings, conclusions, and recommendations of the Committee in furtherance of the purpose of the Committee under subsection (b). (2) Public access to report The report submitted to Congress under paragraph (1) shall be publicly available online for free. (3) Hearing and implementation After the Committee submits the report under paragraph (1), the appropriate committees of Congress may hold hearings at which the Committee may present the findings, conclusions, and recommendations of the Committee as laid out in the report. (j) Applicability of FACA Except as provided in subsection (h), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee. (k) Authorization of appropriations There are authorized to be appropriated to the Committee $1,000,000 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s1601is/xml/BILLS-117s1601is.xml |
117-s-1602 | II 117th CONGRESS 1st Session S. 1602 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Tester (for himself, Mr. Merkley , Mr. Peters , and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools.
1. Short title This Act may be cited as the Nurses for Under-Resourced Schools Everywhere Act or the NURSE Act . 2. Findings Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. (2) The American Academy of Pediatrics has recognized the crucial role that school nurses play in children’s health and has called for having a full-time school nurse every day and in every school building. (3) The school nurse functions as the leader and coordinator of the school health services team, including by carrying out chronic disease management and health promotion as well as facilitating access to a medical home for each child and supporting academic achievement. (4) School nurses promote wellness and disease prevention to improve health outcomes for our Nation’s children. In addition, school nurses perform early intervention services such as periodic assessments for vision, hearing, and dental problems, in an effort to remove barriers to learning. (5) The American Federation of Teachers has called for a nurse in every school, as nurses are front-line workers that address an array of health needs and their presence in a school can help to improve student learning. (6) According to 2017 data from the National Association of School Nurses, only 39.3 percent of schools employ a full-time school nurse, while 35.5 percent of schools employ a school nurse only part-time, and 25.2 percent do not have a school nurse at all. (7) The National Association of School Nurses has reported that medication administration to students is one of the most common health-related activities performed in school. As more chronically ill and medically unstable children enter the school system each year, the medical factors that promote and support their academic success increase, including the need for medications that enhance overall health or stabilize chronic conditions. (8) National data indicate that between 15 and 20 percent of children who spend their day in school have a chronic health condition. (9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. School nurses are actively engaged members of school-based mental health teams and spend nearly 32 percent of their time providing mental health services, including universal and targeted interventions, screenings to identify early warning signs and provide referrals to medical providers, and crisis planning. (10) According to the Department of Education, during the 2013–2014 school year, 1,360,747 children enrolled in public schools experienced homelessness. Homeless children develop increased rates of acute and chronic health conditions, and the stress of their living situation can negatively affect their development and ability to learn. As a result, schools have become the primary access to health care for many children and adolescents. School nurses serve on the front lines as a safety net for the Nation’s most vulnerable children. (11) Communicable and infectious diseases account for millions of school days lost each year. Data illustrate that when students have access to a registered nurse in school, immunization rates increase. (12) Throughout the COVID–19 pandemic, school nurses have played an important role helping students and coordinating activities such as contact tracing and symptom screening. 3. Increasing the number of school nurses (a) Definitions In this section: (1) ESEA terms The terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given to the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Acuity The term acuity , when used with respect to a level, means the level of a patient’s sickness, such as a chronic condition, which influences the need for nursing care. (3) Eligible entity The term eligible entity means— (A) a local educational agency in which not less than 20 percent of the children are eligible to participate in the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.); (B) a consortium of local educational agencies described in subparagraph (A); or (C) a State educational agency in consortium with local educational agencies described in subparagraph (A). (4) High-need local educational agency The term high-need local educational agency means a local educational agency described in paragraph (3)(A)— (A) that serves not fewer than 15,000 children who are eligible to participate in the program described in such paragraph; or (B) for which not less than 40 percent of the children served by the agency are eligible to participate in the program described in such paragraph. (5) Nurse The term nurse means a registered nurse, as defined under State law. (6) Secretary The term Secretary means the Secretary of Education. (7) Workload The term workload , when used with respect to a nurse, means the amount of time the nurse takes to provide care and complete the other tasks for which the nurse is responsible. (b) Demonstration grant program authorized (1) In general From amounts appropriated to carry out this section, the Secretary of Education shall award demonstration grants, on a competitive basis, to eligible entities to pay the Federal share of the costs of increasing the number of school nurses in the public elementary schools and secondary schools served by the eligible entity, which may include hiring a school nurse to serve schools in multiple school districts. (2) S EA s In the case of an eligible entity described in subsection (a)(3)(C) that receives a grant under paragraph (1), such entity shall use amounts received under the grant to award subgrants to the local educational agencies that are members of the entity, and reserve not more than 10 percent of such grant funds to support statewide activities to meet a variety of health needs, which may include hiring a nurse to provide training and technical assistance to schools statewide that meet the criteria established in subsection (d)(2)(A). (c) Applications (1) In general An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. (d) Priority In awarding grants under this section, the Secretary shall give priority to each application submitted by an eligible entity that— (1) is a high-need local educational agency, a consortium composed of high-need local educational agencies, or a State educational agency in consortium with high-need local educational agencies; and (2) demonstrates— (A) the greatest need for new or additional nursing services among students in the public elementary schools and secondary schools served by the agency or consortium; or (B) that the eligible entity does not have a school nurse in any of the public elementary schools and secondary schools served by the local educational agency or the consortium-member local educational agencies. (e) Federal Share; non-Federal Share (1) Federal Share The Federal share of a grant under this section— (A) shall not exceed 75 percent for each year of the grant; and (B) in the case of a multiyear grant, shall decrease for each succeeding year of the grant, in order to ensure the continuity of the increased hiring level of school nurses using State or local sources of funding following the conclusion of the grant. (2) Non-Federal Share The non-Federal share of a grant under this section may be in cash or in kind, and may be provided from State resources, local resources, contributions from private organizations, or a combination thereof. (3) Waiver The Secretary may waive or reduce the non-Federal share of an eligible entity receiving a grant under this section if the eligible entity demonstrates an economic hardship. (f) Report Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of— (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1602is/xml/BILLS-117s1602is.xml |
117-s-1603 | II 117th CONGRESS 1st Session S. 1603 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Bennet (for himself and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To require the Secretary of Agriculture to establish a Joint Chiefs Landscape Restoration Partnership program, and for other purposes.
1. Short title This Act may be cited as the Joint Chiefs Landscape Restoration Partnership Act of 2021 . 2. Joint Chiefs Landscape Restoration Partnership program (a) Definitions In this section: (1) Chiefs The term Chiefs means the Chief of the Forest Service and the Chief of the Natural Resources Conservation Service. (2) Eligible activity The term eligible activity means an activity— (A) to reduce the risk of wildfire; (B) to protect water quality and supply; or (C) to improve wildlife habitat for at-risk species. (3) Program The term program means the Joint Chiefs Landscape Restoration Partnership program established under subsection (b)(1). (4) Secretary The term Secretary means the Secretary of Agriculture. (5) 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 (1) In general The Secretary shall establish a Joint Chiefs Landscape Restoration Partnership program to improve the health and resilience of forest landscapes across National Forest System land and State, Tribal, and private land. (2) Administration The Secretary shall administer the program by coordinating eligible activities conducted on National Forest System land and State, Tribal, or private land across a forest landscape to improve the health and resilience of the forest landscape by— (A) assisting producers and landowners in implementing eligible activities on eligible private or Tribal land using the applicable programs and authorities administered by the Chief of the Natural Resources Conservation Service under title XII of the Food Security Act of 1985 ( 16 U.S.C. 3801 et seq.), not including the conservation reserve program established under subchapter B of chapter 1 of subtitle D of that title ( 16 U.S.C. 3831 et seq.); and (B) conducting eligible activities on National Forest System land or assisting landowners in implementing eligible activities on State, Tribal, or private land using the applicable programs and authorities administered by the Chief of the Forest Service. (c) Selection of eligible activities The appropriate Regional Forester and State Conservationist shall jointly submit to the Chiefs on an annual basis proposals for eligible activities under the program. (d) Evaluation criteria In evaluating and selecting proposals submitted under subsection (c), the Chiefs shall consider— (1) criteria including whether the proposal— (A) reduces wildfire risk in a municipal watershed or the wildland-urban interface; (B) was developed through a collaborative process with participation from diverse stakeholders; (C) increases forest workforce capacity or forest business infrastructure and development; (D) leverages existing authorities and non-Federal funding; (E) provides measurable outcomes; or (F) supports established State and regional priorities; and (2) such other criteria relating to the merits of the proposals as the Chiefs determine to be appropriate. (e) Outreach The Secretary shall provide— (1) public notice on the websites of the Forest Service and the Natural Resources Conservation Service describing— (A) the solicitation of proposals under subsection (c); and (B) the criteria for selecting proposals in accordance with subsection (d); and (2) information relating to the program and activities funded under the program to States, Indian Tribes, units of local government, and private landowners. (f) Exclusions An eligible activity may not be carried out under the program— (1) in a wilderness area or designated wilderness study area; (2) in an inventoried roadless area; (3) on any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; or (4) in an area in which the eligible activity would be inconsistent with the applicable land and resource management plan. (g) Accountability (1) Initial report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report providing recommendations to Congress relating to the program, including a review of— (A) funding mechanisms for the program; (B) staff capacity to carry out the program; (C) privacy laws applicable to the program; (D) data collection under the program; (E) monitoring and outcomes under the program; and (F) such other matters as the Secretary considers to be appropriate. (2) Annual reports The Chiefs shall annually submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate and the Committee on Agriculture and the Committee on Appropriations of the House of Representatives a report describing projects for which funding is provided under the program, including the status and outcomes of those projects. (h) Funding (1) Authorization of appropriations In addition to amounts otherwise available to the Secretary to carry out the program, there is authorized to be appropriated to the Secretary to carry out the program $90,000,000 for each of fiscal years 2021 through 2030. (2) Duration of availability Funds made available under paragraph (1) shall remain available until expended. (3) Distribution of funds Of the funds made available under paragraph (1)— (A) not less than 40 percent shall be allocated to carry out eligible activities through the Natural Resources Conservation Service; (B) not less than 40 percent shall be allocated to carry out eligible activities through the Forest Service; and (C) the remaining funds shall be allocated by the Chiefs to the Natural Resources Conservation Service or the Forest Service— (i) to carry out eligible activities; or (ii) for other purposes, such as technical assistance, project development, or local capacity building. | https://www.govinfo.gov/content/pkg/BILLS-117s1603is/xml/BILLS-117s1603is.xml |
117-s-1604 | II 117th CONGRESS 1st Session S. 1604 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To codify the successes of rapid development of safe vaccines through Operation Warp Speed, for the next administration to use as a guide in the event of another pandemic.
1. Short title This Act may be cited as the Operation Warp Speed Act of 2021 . 2. Findings Congress finds as follows: (1) COVID–19 has infected more than 32,000,000 people in the United States and taken the lives of more than 550,000. (2) The Trump Administration’s creation of Operation Warp Speed, on May 15, 2020, and the development of 3 COVID–19 vaccines, in less than a year, was the greatest success in getting the COVID–19 pandemic under control, and one of the greatest public health programs in history. (3) As a result of the Trump Administration's partnership with the private sector, more than 150,000,000 doses of authorized vaccines have been administered in the United States. (4) The unprecedented rapid deployment of COVID–19 vaccines and therapeutics, thanks to the public-private partnership of Operation Warp Speed, has helped the United States combat the spread of COVID–19, protect at-risk populations, save millions of lives, and return to normal life. 3. Codifying successes (a) Addressing the strategic national stockpile (1) Annual threat-based review In conducting the annual threat-based review with respect to the Strategic National Stockpile under section 319F–2(a)(2)(A) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(2)(A)), the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall ensure that such review considers, and the report to Congress includes, information about the supply levels in such stockpile and any materials that may be missing. The review described in the previous sentence shall include a supply chain assessment of materials in the Strategic National Stockpile that considers whether the United States could procure such materials in the event of a pandemic that limits trade and access to international supply chains. (2) Procuring supplies for the SNS In procuring supplies for the Strategic National Stockpile under section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)), the Secretary shall— (A) give priority to manufacturers of such supplies, including vaccines, that are manufactured by companies located in the United States; (B) in the case that no domestic manufacturer is available for certain supplies, including vaccines, assess ways to ramp up domestic manufacturing of such supplies, including vaccines; and (C) in the case that no domestic manufacturer is available for certain supplies, including vaccines, and it is determined that domestic manufacturing cannot be ramped up in an appropriate amount of time, give priority to companies that are located in countries other than the People’s Republic of China. (b) Increasing speed for safe EUA Section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ) is amended— (1) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by inserting the Commissioner of Food and Drugs, before the Assistant Secretary for ; and (ii) by striking the Secretary concludes and inserting not fewer than 3 of such Commissioner, such Assistant Secretary, and such Directors, vote in favor of such authorization after concluding ; (B) in paragraph (4), by striking ; and and inserting a semicolon; (C) by redesignating paragraph (5) as paragraph (6); and (D) by inserting after paragraph (4) the following: (5) that the product complies with standards for clinical trials established by the Secretary, in consultation with such Commissioner, such Assistant Secretary, and such Directors; and ; and (2) by adding at the end the following: (n) Consideration of data The Secretary, and the heads of agencies described in subsection (c), shall consider the data submitted with respect to a product for which authorization is being sought under this section, on a rolling basis, as such data becomes available to such Secretary and heads of agencies. . (c) Gaps in clinical trials The Director of the National Institutes of Health shall assess any geographical gaps in clinical trial sites for drugs or biological products and shall develop a plan for increasing the number of such sites across broad geographic areas. (d) Requiring ASPR To improve manufacturing capabilities under conditions of pressure (1) Vaccine production The Secretary is authorized to use amounts made available to the Department of Health and Human Services for purposes of producing vaccines in response to a public health emergency prior to emergency use authorization of such vaccine under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ) or licensure of such vaccine under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). (2) Operation Warp Speed Director Section 2811 of the Public Health Service Act ( 42 U.S.C. 300hh–10 ) is amended by adding at the end the following: (g) Operation Warp Speed Director There is established within the Office of the Assistant Secretary for Preparedness and Response an Office of Operation Warp Speed, for purposes of responding to public health emergencies by ensuring timely and sufficient development of vaccines and other medical countermeasures (including vaccines, therapeutics, and diagnostics), as well as domestic manufacturing, through preparation in advance of any such public health emergency. Such Office shall be headed by a Director who has substantial relevant private sector experience and is appointed by the President, by and with the advice and consent of the Senate. . | https://www.govinfo.gov/content/pkg/BILLS-117s1604is/xml/BILLS-117s1604is.xml |
117-s-1605 | II 117th CONGRESS 1st Session S. 1605 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Scott of Florida (for himself, Mr. Rubio , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate the National Pulse Memorial located at 1912 South Orange Avenue in Orlando, Florida, and for other purposes.
1. Designation of national pulse memorial (a) In general The Pulse Memorial located at 1912 South Orange Avenue in Orlando, Florida, is designated as the National Pulse Memorial . (b) Effect of designation (1) In general The national memorial designated by subsection (a) is not a unit of the National Park System. (2) Use of Federal funds The designation of the national memorial by subsection (a) shall not require or permit Federal funds to be expended for any purpose relating to the national memorial. | https://www.govinfo.gov/content/pkg/BILLS-117s1605is/xml/BILLS-117s1605is.xml |
117-s-1606 | II 117th CONGRESS 1st Session S. 1606 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Romney introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To designate as wilderness certain National Forest System land in the State of Illinois, and for other purposes.
1. Short title This Act may be cited as the Shawnee Wilderness Designation Act . 2. Shawnee Wilderness, Illinois (a) Designation In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), there is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Shawnee Wilderness (referred to in this Act as the Wilderness ), the approximately 289,000 acres of Forest Service land comprising the Shawnee National Forest in the State of Illinois. (b) Map; legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture (referred to in this Act as the Secretary ) shall prepare a map and legal description of the Wilderness. (2) Force of law The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Availability The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Administration Subject to valid existing rights, the Wilderness 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 shall be considered to be a reference to the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1606is/xml/BILLS-117s1606is.xml |
117-s-1607 | II 117th CONGRESS 1st Session S. 1607 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Schatz (for himself, Mr. Rounds , Mr. Portman , and Mr. Coons ) 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 improve how the Department of Veterans Affairs discloses to individuals entitled to educational assistance from the Department risks associated with using such assistance at particular educational institutions and to restore entitlement of students to such assistance who are pursuing programs of education at educational institutions that are subject to Federal or State civil enforcement action, and for other purposes.
1. Short title This Act may be cited as the Student Veterans Transparency and Protection Act of 2021 . 2. Improving transparency and accountability of educational institutions for purposes of veterans educational assistance (a) Requirement relating to G.I. Bill Comparison Tool (1) Requirement to maintain tool The Secretary of Veterans Affairs shall maintain the G.I. Bill Comparison Tool that was established pursuant to Executive Order 13607 (77 Fed. Reg. 25861; relating to establishing principles of excellence for educational institutions serving service members, veterans, spouses, and other family members) and in effect on the day before the date of the enactment of this Act, or successor tool, to provide relevant and timely information about programs of education approved under chapter 36 of title 38, United States Code, and the educational institutions that offer such programs. (2) Data retention The Secretary shall ensure that historical data that is reported via the tool maintained under paragraph (1) remains easily and prominently accessible on the benefits.va.gov website, or successor website, for a period of not less than seven years from the date of initial publication. (b) Providing timely and relevant education information to veterans, members of the Armed Forces, and other individuals (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of Education, shall make such changes to the tool maintained under subsection (a) as the Secretary determines appropriate to ensure that such tool is an effective and efficient method for providing information pursuant to section 3698(b)(5) of title 38, United States Code. (2) Modification of scope of comprehensive policy on providing education information Section 3698 of title 38, United States Code, is amended— (A) in subsection (a), by striking veterans and members of the Armed Forces and inserting individuals entitled to educational assistance under laws administered by the Secretary of Veterans Affairs ; and (B) in subsection (b)(5)— (i) by striking veterans and members of the Armed Forces and inserting individuals described in subsection (a) ; and (ii) by striking the veteran or member and inserting the individual . (3) G.I. Bill Comparison Tool required disclosures Paragraph (1) of subsection (c) of such section is amended— (A) by striking subparagraph (B) and inserting the following: (B) for each individual described in subsection (a) seeking information provided under subsection (b)(5)— (i) the name of each Federal student aid program, and a description of each such program, from which the individual may receive educational assistance; and (ii) for each program named and described pursuant to clause (i), the amount of educational assistance that the individual may be eligible to receive under the program; and ; and (B) in subparagraph (C)— (i) in clause (i), by inserting and a definition of each type of institution before the semicolon; (ii) by striking clause (v) and inserting the following: (v) the average total cost, the average tuition, the average cost of room and board, the average cost and the average fees to earn a certificate, and associate's degree, a bachelor's degree, a postdoctoral degree, and any other degree or credential the institution awards; ; (iii) in clause (xii), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following new clauses: (xiii) program, degree, and certificate completion rates, disaggregated by individuals who are veterans, individuals who are members of the Armed Forces, and individuals who are neither veterans nor members of the Armed Forces; (xiv) transfer-out rates, disaggregated by individuals who are veterans, individuals who are members of the Armed Forces, and individuals who are neither veterans nor members of the Armed Forces; (xv) credentials available and the average time for completion of each credential; (xvi) employment rate and median income of graduates of the institution in general, disaggregated by— (I) specific credential; (II) individuals who are veterans; (III) individuals who are members of the Armed Forces; and (IV) individuals who are neither veterans nor members of the Armed Forces; (xvii) percentage of individuals who received educational assistance under this title to pursue a program of education at the institution who did not earn a credential within six years of commencing such program of education; (xviii) the median amount of debt incurred from a Federal student loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) by an individual who pursued a program of education at the institution with educational assistance under this title, disaggregated by— (I) individuals who received a credential and individuals who did not; and (II) individuals who are veterans, individuals who are members of the Armed Forces, and individuals who are neither veterans nor members of the Armed Forces; (xix) whether the institution participates in Federal student aid programs, and if so, which programs; (xx) the average number of individuals enrolled in the institution per year, disaggregated by— (I) individuals who are veterans; (II) individuals who are members of the Armed Forces; and (III) individuals who are neither veterans nor members of the Armed Forces; and (xxi) a list of each civil settlement or finding resulting from a Federal or State action in a court of competent jurisdiction against the institution for violation of a provision of Federal or State law that materially affects the education provided at the institution or is the result of illicit activity, including deceptive marketing or misinformation provided to prospective students or current enrollees. . (4) Clarity of information provided Paragraph (2) of such subsection is amended— (A) by inserting (A) before To the extent ; and (B) by adding at the end the following new subparagraph: (B) The Secretary shall ensure that information provided under subsection (b)(5) is provided in a manner that is easy and accessible to individuals described in subsection (a), especially with respect to information described in paragraph (1)(C)(xxii). . (c) Improvements for student feedback (1) In general Subsection (b)(2) of such section is amended— (A) by amending subparagraph (A) to read as follows: (A) providing institutions of higher learning up to 30-days to review and respond to any feedback and address issues regarding the feedback before the feedback is published ; (B) in subparagraph (B), by striking ; and and inserting a semicolon; (C) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: (D) for each institution of higher learning that is approved under this chapter, retains, maintains, and publishes all of such feedback for the entire duration that the institution of higher is approved under this chapter; and (E) is easily accessible to individuals described in subsection (a) and to the general public. . (2) Accessibility from G.I. Bill Comparison Tool The Secretary shall ensure that— (A) the feedback tracked and published under subsection (b)(2) of such section, as amended by paragraph (1), is prominently displayed in the tool maintained under subsection (a) of this section; and (B) when such tool displays information for an institution of higher learning, the applicable feedback is also displayed for such institution of higher learning. (d) Training for provision of education counseling services (1) In general Not less than one year after the date of the enactment of this Act, the Secretary shall ensure that personnel employed or contracted by the Department of Veteran Affairs to provide education benefits counseling, vocational or transition assistance, or similar functions, including employees or contractors of the Department who provide such counseling or assistance as part of the Transition Assistance Program, are trained on how— (A) to use properly the tool maintained under subsection (a); and (B) to provide appropriate educational counseling services to veterans, members of the Armed Forces, and other individuals. (2) Transition Assistance Program defined In this subsection, the term Transition Assistance Program means the program of counseling, information, and services under section 1142 of title 10, United States Code. 3. Restoration of entitlement to veterans educational assistance and other relief for veterans affected by civil enforcement actions against educational institutions (a) In general Section 3699(b)(1) of title 38, United States Code, is amended— (1) in subparagraph (A), by striking ; or and inserting a semicolon; (2) in subparagraph (B)(ii), by striking ; and and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) a Federal or State civil enforcement action against the education institution; or (D) an action taken by the Secretary; and . (b) Mechanism The Secretary of Veterans Affairs shall establish a simple mechanism that can be used by an individual described in subsection (b)(1) of section 3699 of such title by reason of subparagraph (C) or (D) of such subsection, as added by subsection (a)(3) of this section, to obtain relief under section 3699(a) of such title. (c) Partial restoration of entitlements Subsection (a) of such section is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) in the matter before subparagraph (A), as redesignated by paragraph (1), by striking Any payment and inserting (1) Subject to paragraph (2), any payment ; and (3) by adding at the end the following new paragraph (2): (2) A payment of educational assistance described in subsection (b) by reason of subparagraph (C) or (D) of paragraph (1) of such subsection may be charged against the entitlement to educational assistance of the individual concerned— (A) if the individual requests such charge; and (B) to such percentage of charge as the individual may specify, except that such percentage may not be less than zero or more than 100. . (d) Conforming amendments (1) Section heading The heading for section 3699 of such title is amended by striking or disapproval of educational institution and inserting of, disapproval of, or civil enforcement actions against educational institutions . (2) Subsection heading The heading for subsection (a) of such section is amended by striking or disapproval and inserting , disapproval, civil enforcement actions, and other actions by Secretary of Veterans Affairs . (3) Table of sections The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3699 and inserting the following new item: 3699. Effects of closure of, disapproval of, or civil enforcement actions against educational institutions. . | https://www.govinfo.gov/content/pkg/BILLS-117s1607is/xml/BILLS-117s1607is.xml |
117-s-1608 | II 117th CONGRESS 1st Session S. 1608 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Whitehouse (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To support the sustainable aviation fuel market, and for other purposes.
1. Short title This Act may be cited as the Sustainable Aviation Fuel Act . 2. National goal It is hereby declared that it is the national goal for the United States to reach— (1) a net 35-percent reduction in greenhouse gas emissions for United States domestic and international aviation flights by 2035, as compared to 2005; and (2) net zero greenhouse gas emissions for United States domestic and international aviation flights by 2050. 3. Definitions In this Act: (1) Sustainable aviation fuel The term sustainable aviation fuel means liquid fuel consisting of synthesized hydrocarbons that— (A) meets the requirements of a Department of Defense specification for military jet fuel or an American Society of Testing and Materials specification for aviation turbine fuel; (B) is derived from qualified feedstock; and (C) is certified by the Environmental Protection Agency Administrator that such fuel— (i) either— (I) conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States; or (II) meets the definition of advanced biofuel under section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ), as demonstrated by compliance with Environmental Protection Agency implementing regulations under subpart M of part 80 of title 40, Code of Federal Regulations; and (ii) achieves at least a 50-percent reduction in lifecycle greenhouse gas emissions compared to conventional jet fuel. (2) Qualified feedstock The term qualified feedstock means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals. (3) Lifecycle greenhouse gas emissions The term lifecycle greenhouse gas emissions means the combined greenhouse gas emissions from feedstock production, collection of feedstock, transportation of feedstock to fuel production facilities, conversion of feedstock to fuel, transportation and distribution of fuel, and fuel combustion in an aircraft engine, as well as from induced land-use change emissions, as calculated using appropriate modeling techniques approved by a regulating authority. (4) Induced land-use change emissions The term induced land-use change emissions means the greenhouse gas emissions resulting from the conversion of land to the production of feedstocks and from the conversion of other land due to the displacement of crops or animals for which the original land was previously used, as calculated using appropriate modeling techniques approved by a regulating authority. (5) Conventional jet fuel The term conventional jet fuel means liquid hydrocarbon fuel used for aviation that is derived or refined from petrochemicals. 4. Grant program (a) In general The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall carry out a competitive grant and cost-sharing agreement program for eligible entities to carry out projects located in the United States to produce, transport, blend, or store sustainable aviation fuel. (b) Selection In selecting an eligible entity to receive a grant or cost-share agreement under subsection (a), the Secretary shall consider— (1) the anticipated public benefits of a project proposed by the eligible entity; (2) the potential to increase the domestic production and deployment of sustainable aviation fuel; (3) the potential greenhouse gas emissions from such project; (4) the potential for creating new jobs in the United States; (5) the potential net greenhouse gas emissions impact of different feedstocks to produce sustainable aviation fuel on a lifecycle basis, which shall include potential direct and indirect greenhouse gas emissions (including resulting from changes in land use); and (6) the proposed utilization of non-Federal contributions by the eligible entity. (c) Authorization of appropriations There is authorized to be appropriated $200,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (d) Report Not later than October 1, 2027, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the grant program under this section. The report shall include the following: (1) A description of the entities and projects that received grants or other cost-sharing agreements under this section. (2) A detailed explanation for why each entity received the type of funding disbursement such entity did. (3) A description of whether the program is leading to an increase in the production and deployment of sustainable aviation fuels and whether that increase is enough to keep the United States on track to achieve the goals described in section 2 of this Act. (4) A description of the economic impacts resulting from the funding to and operation of the project. (e) Eligible entity defined In this section, the term eligible entity means— (1) a State or local government other than an airport sponsor; (2) an air carrier; (3) an airport sponsor; and (4) a person or entity engaged in the production, transportation, blending or storage of sustainable aviation fuel in the United States or feedstocks in the United States that could be used to produce sustainable aviation fuel. 5. Low carbon aviation fuel standard (a) Establishment of low carbon aviation fuel standard Section 211 of the Clean Air Act ( 42 U.S.C. 7545 ) is amended by adding at the end the following: (w) Low carbon aviation fuel standard (1) Definitions In this subsection: (A) Aviation fuel The term aviation fuel means fuel that is produced, sold, or dispensed in the United States, for civil or military purposes, for turbine-powered aviation. (B) Carbon intensity The term carbon intensity means the quantity of lifecycle greenhouse gas emissions per unit of fuel energy. (C) Credit exchange The term credit exchange means a central marketplace with established rules and regulations where buyers and sellers meet to conduct trades. (D) Fuel standard The term fuel standard means the low carbon fuel standard established under paragraph (2). (2) Establishment Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations to establish a low carbon fuel standard for aviation fuels that requires a reduction in carbon intensity for aviation fuels each calendar year such that by 2050, and thereafter, the average carbon intensity of all aviation fuel used annually in the United States is reduced by at least 50 percent, as compared to the average carbon intensity of all aviation fuel used in the United States in 2005. (3) Targets In promulgating regulations under paragraph (2), the Administrator shall set a target of a reduction of at least 20 percent in the average carbon intensity of all aviation fuel used annually in the United States by 2030, and of at least 50 percent by 2050, as compared to the average carbon intensity of all aviation fuel used in the United States in 2005. (4) Requirements In promulgating regulations under paragraph (2), the Administrator shall— (A) establish a benchmark for the average carbon intensity of aviation fuels for each calendar year, beginning with the first full calendar year that begins 2 years after the date of enactment of this subsection, suitable to achieving the targets specified in paragraph (3); (B) apply the fuel standard to persons who produce or import aviation fuel; (C) establish procedures for calculating the carbon intensity of an aviation fuel, expressed in grams of carbon dioxide equivalent per megajoule, in accordance with— (i) the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States; and (ii) any other more stringent accounting practices determined by the Administrator to be the best lifecycle greenhouse gas emission accounting practices, provided that such practices account for the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes), as determined by the Administrator, related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential; (D) determine how long the calculation of the carbon intensity of an aviation fuel (pursuant to the procedures established under subparagraph (C)), will remain in effect before needing to be reevaluated; (E) allow a person described in subparagraph (B), who, for a calendar year, produces or imports aviation fuel— (i) that has an average carbon intensity that is less than the benchmark for average carbon intensity for that calendar year to, except as provided in paragraph (8), generate credits, to be used, or transferred to another person, to demonstrate compliance with this subsection; and (ii) that has an average carbon intensity that is greater than the benchmark for average carbon intensity for that calendar year to purchase credits to be used to demonstrate compliance with this subsection; (F) determine the— (i) appropriate amount of credits generated and used to demonstrate compliance pursuant to subparagraph (E); and (ii) appropriate conditions, if any, on— (I) the duration of such credits; and (II) the transfer such credits through a credit exchange; and (G) consult with all relevant stakeholders, including aviation industry groups, renewable fuel industry groups, researchers at institutions of higher education, labor unions, consumer advocates, and any other stakeholders the Administrator determines to be appropriate. (5) Consultation In carrying out this subsection, the Administrator shall consult with the Administrator of the Federal Aviation Administration, the Secretary of Energy, and the Secretary of Agriculture. (6) Coordination with states The Administrator shall, after notice and opportunity for public hearing, waive application of the fuel standard in any State that has adopted a standard for aviation fuels that the Administrator determines is at least as stringent as the fuel standard. (7) Revision If Congress enacts a standard or similar law that the Administrator, in consultation with the Administrator of the Federal Aviation Administration, determines accomplishes the purposes of the fuel standard for sectors of the economy that include the aviation sector, the Administrator may revoke the fuel standard in favor of the other standard or law. (8) Relationship to renewable fuel program No credit may be generated under this subsection with respect to renewable fuel for which a credit is generated under subsection (o). (9) Report Not later than 180 days after the date of enactment of this subsection, the Administrator shall submit to Congress and make publicly available a report describing— (A) the status of the development of the fuel standard; and (B) the considerations the Administrator is using in developing the fuel standard. . (b) Enforcement Section 211(d) of the Clean Air Act ( 42 U.S.C. 7545(d) ) is amended— (1) in paragraph (1)— (A) by striking or (o) of this section or the regulations and inserting (o), or (w) of this section or the regulations ; (B) by striking or (o) of this section or who fails and inserting (o), or (w) of this section or who fails ; and (C) by striking or (o) of this section which establishes and inserting (o), or (w) of this section which establishes ; and (2) in paragraph (2), by striking and (o) of this section each place it appears and inserting (o), and (w) of this section . 6. Procurement of sustainable aviation fuel by the department of defense (a) In general Effective October 1, 2023, the Secretary of Defense shall make a bulk purchase of an amount of sustainable aviation fuel that is not less than 10 percent of the total amount of aviation fuel procured for operational purposes (as defined in section 2922h of title 10, United States Code) if— (1) the cost of sustainable aviation fuel is competitive with the fully burdened cost of conventional jet fuel available for the same purpose; and (2) the sustainable aviation fuel is refined or produced in the United States. (b) Blended fuel If the Secretary of Defense purchases sustainable aviation fuel that is blended with conventional jet fuel, the percentage of sustainable aviation fuel in such blend will be counted towards the percentage described in subsection (a). (c) Certification Before making a purchase under subsection (a), the Secretary of Defense or the Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) shall certify that the sustainable aviation fuel is suitable for use in aircrafts of the Department of Defense. (d) Waiver (1) In general Subject to the requirements of paragraph (2), the Secretary of Defense may waive the requirement under subsection (a) for reasons of national security, including the lack of available, qualifying sustainable aviation fuel. (2) Notice Not later than 30 days after issuing a waiver under this subsection, the Secretary shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) notice of the waiver. Any such notice shall include each of the following: (A) The rationale of the Secretary for issuing the waiver. (B) A certification that the waiver is in the national security interest of the United States. (e) Definitions The terms fully burdened cost and operational purposes have the meanings given such terms, respectively, in section 2922h of title 10, United States Code. 7. Federal aviation administration research (a) In general Section 911(a) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 44504 note) is amended— (1) by striking assist in the development and inserting the following: (1) assist in the development ; (2) by striking and other and inserting , other ; (3) by striking the period and inserting , and sustainable fuel that can be used without the need to blend with any other type of aviation fuel; ; and (4) by adding at the end the following: (2) promote the efforts of the aviation sector to become a net-zero greenhouse gas emitting sector; (3) study the climate impacts of non-carbon dioxide greenhouse gas emissions, water vapor, and contrails and ways to minimize such impacts; and (4) develop a methodology for quantifying the non-carbon dioxide climate impacts of aviation in a lifecycle analysis, including the benefits of sustainable aviation fuel other than the reduction in carbon dioxide emissions. . (b) Definitions Section 911 of such Act is amended by adding at the end the following: (e) Definitions In this section: (1) Sustainable aviation fuel The term sustainable aviation fuel means liquid fuel consisting of synthesized hydrocarbons that— (A) is derived from a qualified feedstock; and (B) conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States. (2) Qualified feedstock The term qualified feedstock means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals. (f) Authorization of appropriations There is authorized to be appropriated to the Administrator of the Federal Aviation Administration $35,000,000 for each of fiscal years 2022 through 2026 to carry out this section. . 8. Department of energy research (a) In general The Secretary of Energy shall carry out a program to research the use of cover crops or other crops grown for conservation purposes rather than for sale in the production of sustainable aviation fuel. (b) Collaboration In carrying out the program under subsection (a), the Secretary shall collaborate with the national laboratories, the Department of Agriculture, and industry partners. (c) Definitions In this section: (1) Sustainable aviation fuel The term sustainable aviation fuel means liquid fuel consisting of synthesized hydrocarbons that— (A) is derived from a qualified feedstock; and (B) conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States. (2) National laboratory The term national laboratory has the meaning given the term in section 2(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 15801(3) ). (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 9. Sustainable aviation fuel credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 40A the following new section: 40B. Sustainable aviation fuel credit (a) In general For purposes of section 38, the sustainable aviation fuel credit for the taxable year is, with respect to each gallon of neat sustainable aviation fuel blending component used by the taxpayer in the production of a qualified mixture— (1) $1.50, plus (2) the applicable supplementary credit amount. (b) Applicable supplementary credit amount (1) In general For purposes of subsection (a), the applicable supplementary credit amount is $0.25, reduced (but not below zero) by the emissions reduction certification amount. (2) Emissions reduction certification amount For purposes of paragraph (1), the emissions reduction certification amount is $0.01 for every 2 percentage points below 100 percent for which the neat sustainable aviation fuel blending component is certified to reduce emissions in comparison with conventional fuel under section 10 of the Sustainable Aviation Fuel Act. (c) Neat sustainable aviation fuel blending component For purposes of this section, the term neat sustainable aviation fuel blending component means unblended liquid fuel— (1) that consists of synthesized hydrocarbons, and (2) that— (A) meets the requirements of a Department of Defense specification for military jet fuel or an American Society of Testing and Materials specification for aviation turbine fuel, (B) is derived from qualified feedstock, and (C) is certified by the Environmental Protection Agency to— (i) either— (I) comply with such standards of the International Civil Aviation Organization for sustainable aviation fuels as have been adopted by the United States, or (II) meet the definition of advanced biofuel under section 211(o)(1)(B) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(B) ), and (ii) achieve at least a 50-percent reduction in lifecycle greenhouse gas emissions in comparison with conventional jet fuel. (d) Qualified mixture For purposes of this section, the term qualified mixture means a mixture of neat sustainable aviation fuel blending component and kerosene, which— (1) is used by the taxpayer as aircraft fuel in a trade or business, or (2) is sold by the taxpayer to any person for use as aircraft fuel. (e) Definitions For purposes of this section, the terms qualified feedstock , lifecycle greenhouse gas emissions , and induced land-use change emissions have the meanings given such terms in section 3 of the Sustainable Aviation Fuel Act. (f) Sale or use must be in trade or business, etc Neat sustainable aviation fuel blending component used in the production of a qualified mixture shall be taken into account— (1) only if the sale or use described in subsection (d) is in a trade or business of the taxpayer or other person, and (2) for the taxable year in which such sale or use occurs. (g) Application of section This section shall only apply to fuel produced before January 1, 2032. . (b) Credit made part of general business credit Section 38(b) (relating to current year business credit) 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 inserting after paragraph (33) the following new paragraph: (34) the sustainable aviation fuel credit determined under section 40B. . (c) Conforming amendment Section 40A(f) of such Code is amended by striking paragraph (4). (d) Effective date The amendments made by this section shall apply to fuel produced after December 31, 2021. 10. Epa certification of neat sustainable aviation fuel blending component (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations, for purposes of section 40B of the Internal Revenue Code of 1986, to certify— (1) whether a liquid fuel produced by a fuel producer qualifies as a neat sustainable aviation fuel blending component under subsection (c)(2)(C) of such section; and (2) the percent reduction of greenhouse gas emissions from a gallon of neat sustainable aviation fuel blending component produced by a fuel producer in comparison to the greenhouse gas emissions from a gallon of conventional jet fuel. (b) Considerations and inclusions In promulgating regulations under subsection (a), the Administrator of the Environmental Protection Agency shall— (1) establish procedures for fuel producers to apply to, and receive from, the Environmental Protection Agency— (A) a certification, with respect to liquid fuel produced by such fuel producer, that such fuel qualifies as a neat sustainable aviation fuel blending component under section 40B(c)(2)(C) of the Internal Revenue Code of 1986; and (B) if the fuel described in (A) so qualifies, a certification of the percent reduction of greenhouse gas emissions from a gallon of such fuel in comparison to the greenhouse gas emissions from a gallon of conventional jet fuel; (2) determine methods for calculating greenhouse gas emissions from a gallon of conventional jet fuel, and for reviewing and updating such calculations every three years; (3) for purposes of calculating the greenhouse gas emissions from a liquid fuel that does or may qualify as a neat sustainable aviation fuel blending component, determine whether to use— (A) the Sustainability Certification Schemes approved by the International Civil Aviation Organization with agreement by the United States; or (B) other methods that take into account lifecycle greenhouse gas emissions from the applicable fuel pathway; (4) require different certifications for each fuel pathway used by a fuel producer; (5) determine how long a certification under subsection (a)(1) or (a)(2) will be in effect for a fuel producer; and (6) include procedures for— (A) notifying a fuel producer and the Internal Revenue Service that a certification under subsection (a) will expire, at least 180 days before such expiration; (B) expedited review and recertification under subsection (a), during the 180-day period described in subparagraph (A), of the greenhouse gas emissions from a neat sustainable aviation fuel blending component produced by a fuel producer; and (C) submission of a certification under subsection (a) to the Internal Revenue Service. (c) Definitions For purposes of this section— (1) Fuel pathway The term fuel pathway means the production process through which feedstock is converted into neat sustainable aviation fuel blending component, and includes the type of feedstock, the region in which such feedstock is located, the harvesting and collection method of such feedstock, the transportation of such feedstock to a fuel producing facility, and the method by which such feedstock is converted into neat sustainable aviation fuel blending component. (2) Fuel producer The term fuel producer means a person or entity engaged in the production of neat sustainable aviation fuel blending component. 11. Sustainable aviation fuel production property added to Energy Credit (a) In general Section 48 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)— (A) in paragraph (2)(A)(i)— (i) in subclause (III), by striking and , and (ii) by adding at the end the following new subclause: (V) sustainable aviation fuel production property, and , (B) in paragraph (3)(A), by striking or at the end of clause (vi), inserting or at the end of clause (vii), and by adding at the end the following new clause: (viii) sustainable aviation fuel production property, , and (C) by adding at the end the following new paragraph: (8) Phaseout for sustainable aviation fuel production property In the case of any energy property described in paragraph (3)(A)(viii) the construction of which begins before January 1, 2035, the energy percentage determined under paragraph (2) shall be equal to— (A) in the case of any property the construction of which begins after December 31, 2026, and before January 1, 2028, 24 percent, (B) in the case of any property the construction of which begins after December 31, 2027, and before January 1, 2029, 18 percent, and (C) in the case of any property the construction of which begins after December 31, 2028, and before January 1, 2035, 12 percent. , and (2) in subsection (c), by adding at the end the following new paragraph: (5) Sustainable aviation fuel production property (A) In general The term sustainable aviation fuel production property means— (i) property which produces sustainable aviation fuel (as defined in section 40B(b)) from qualified feedstock (as defined in section 40B(d)), or (ii) property directly related to enabling the production or distribution of sustainable aviation fuel. (B) Recapture of credit The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a)(3)(viii) with respect to any sustainable aviation fuel production property if the sustainable aviation fuel production of such property comprises less than 80 percent of the total fuel production of such property in any of the 5 taxable years immediately following the taxable year in which such property was placed in service. . (b) Effective date The amendments made by this section shall apply to fuel produced after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1608is/xml/BILLS-117s1608is.xml |
117-s-1609 | II 117th CONGRESS 1st Session S. 1609 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Markey (for himself, Mr. Wicker , and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to ensure that electrochromic glass qualifies as energy property for purposes of the energy credit.
1. Short title This Act may be cited as the Dynamic Glass Act . 2. Inclusion of electrochromic glass as energy property for purposes of the energy credit (a) In general Section 48(a) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (2)(A)(i)— (A) in subclause (IV), by striking and at the end, and (B) by adding at the end the following: (VI) energy property described in paragraph (3)(A)(ix) but only with respect to property the construction of which begins before January 1, 2024, and , (2) in paragraph (3)(A)— (A) in clause (vii), by striking or at the end, (B) in clause (viii), by adding or at the end, and (C) by adding at the end the following: (ix) glass which uses electricity to change its light transmittance properties in order to heat or cool a structure, , and (3) in paragraph (6), by striking paragraph (3)(A)(i) each place it appears and inserting clause (i) or (ix) of paragraph (3)(A) . (b) 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-117s1609is/xml/BILLS-117s1609is.xml |
117-s-1610 | II 117th CONGRESS 1st Session S. 1610 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Kennedy (for himself, Mr. Tillis , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to improve the Law Enforcement Officers Safety Act of 2004 and provisions relating to the carrying of concealed weapons by law enforcement officers, and for other purposes.
1. Short title This Act may be cited as the LEOSA Reform Act . 2. Conforming the Law Enforcement Officers Safety Act of 2004 and the Gun-Free School Zones Act of 1990 Section 922(q)(2)(B) of title 18, United States Code, is amended— (1) by striking or at the end of clause (vi); (2) by striking the period at the end of clause (vii) and inserting ; or ; and (3) by adding at the end the following: (viii) by an individual authorized by section 926B or 926C to carry a concealed firearm. . 3. Making improvements to the Law Enforcement Officers Safety Act of 2004 (a) Each of sections 926B(a) and 926C(a) of title 18, United States Code, is amended by inserting or any other provision of Federal law, or any regulation prescribed by the Secretary of the Interior pertaining to a unit of the National Park System after thereof . (b) Each of sections 926B(b) and 926C(b) of such title are amended— (1) in paragraph (1), by inserting , except to the extent that the laws apply on property used by a common or contract carrier to transport people or property by land, rail, or water or on property open to the public (whether or not a fee is charged to enter the property) before the semicolon; and (2) in paragraph (2), by inserting , except to the extent that the laws apply on property used by a common or contract carrier to transport people or property by land, rail, or water or on property open to the public (whether or not a fee is charged to enter the property) before the period. (c) Each of sections 926B(e)(2) and 926C(e)(1)(B) of such title is amended by inserting any magazine and after includes . (d) Section 926C(c)(4) of such title is amended to read as follows: (4) has met the standards for qualification in firearms training during the most recent period of 12 months (or, at the option of the State in which the individual resides, a greater number of months, not exceeding 36 months), and for purposes of this paragraph, the term standards for qualification in firearms training means— (A) the standards for active duty law enforcement officers as established by the former agency of the individual; (B) the standards for active duty law enforcement officers as established by the State in which the individual resides; (C) the standards for active duty law enforcement officers employed by any law enforcement agency in the State in which the individual resides; or (D) any standard for active duty law enforcement officers for firearms qualification conducted by any certified firearms instructor within the State in which the individual resides; . (e) Section 926C(d) of such title is amended— (1) in paragraph (1), by striking not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the active duty standards for qualification in firearms training as established by the agency to carry and inserting met the standards for qualification in firearms training required by subsection (c)(4) for ; and (2) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) a certification issued by the former agency of the individual, the State in which the individual resides, any law enforcement agency within the State in which the individual resides, or any certified firearms instructor within the State in which the individual resides that indicates that the individual has met the standards for qualification in firearms training required by subsection (c)(4). . 4. Permitting qualified current and retired law enforcement officers to carry firearms in certain Federal facilities Section 930 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (2), by striking or at the end; (B) in paragraph (3), by striking the period at the end and inserting or ; and (C) by adding at the end the following: (4) the possession of a firearm or ammunition in a Facility Security Level I or II civilian public access facility by a qualified law enforcement officer (as defined in section 926B(c)) or a qualified retired law enforcement officer (as defined in section 926C(c)). ; and (2) in subsection (g), by adding at the end the following: (4) The term Facility Security Level means a security risk assessment level assigned to a Federal facility by the security agency of the facility in accordance with the biannually issued Interagency Security Committee Standard. (5) The term civilian public access facility means a facility open to the general public. . | https://www.govinfo.gov/content/pkg/BILLS-117s1610is/xml/BILLS-117s1610is.xml |
117-s-1611 | II 117th CONGRESS 1st Session S. 1611 IN THE SENATE OF THE UNITED STATES May 13, 2021 Ms. Hirono (for herself, Mr. Booker , Mr. Coons , Mr. Leahy , Ms. Baldwin , Mr. Luján , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to improve the responses of the Department of Defense to sex-related offenses, and for other purposes.
1. Short title This Act may be cited as the I am Vanessa Guillén Act of 2021 . 2. Modification of authority to determine to proceed to trial by court-martial on charges involving sex-related offenses (a) Role of Office of the Chief Prosecutor in determination To proceed to trial on charge involving sex-Related offense (1) Review and determinations by Office of the Chief Prosecutor Section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice) is amended— (A) in subsection (a)(1), by striking Before referral and inserting Except as provided in subsection (c), before referral ; (B) in subsection (b), by striking Before referral and inserting Except as provided in subsection (c), before referral ; (C) by redesignating subsections (c) and (d) as subsections (d) and (e) respectively; and (D) by inserting after the subsection (b) the following new subsection (c): (c) Referral and determinations by Office of the Chief Prosecutor (1) In the case of a charge relating to a sex-related offense, instead of submitting the charge, and any accompanying charges and specifications, to the staff judge advocate under subsection (a), the convening authority shall submit, as soon as reasonably practicable, the charge and accompanying charges and specifications to the Office of the Chief Prosecutor of the armed force of which the accused is a member to make the determination required by subsection (a). The advice and recommendations of the Office of the Chief Prosecutor regarding disposition of charges by court-martial shall be free of unlawful or unauthorized influence or coercion. (2) For purposes of this subsection, the term sex-related offense means any of the following: (A) An offense covered by section 920, 920a, 920b, 920c, or 920d of this title (article 120, 120a, 120b, 120c, or 120d). (B) A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81). (C) A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82). (D) An attempt to commit an offense specified in subparagraphs (A) through (C) as punishable under section 880 of this title (article 80). (3) If the Office of the Chief Prosecutor determines any specification under a charge should be disposed of at court-martial, the Office of the Chief Prosecutor also shall determine whether to try the charge by a general court-martial convened under section 822 of this title (article 22) or a special court-martial convened under section 823 of this title (article 23). (4) A determination under paragraph (3) to try a charge relating to a sex-related offense by court-martial shall include a determination to try all known offenses, including lesser included offenses. (5) The Office of the Chief Prosecutor’s determination to dispose of any reviewed charge by court-martial under paragraph (3), and by type of court-martial, shall be transmitted to the convening authority established in section 822(a)(8) of this title, and shall be binding on any applicable convening authority. The Office of the Chief Prosecutor will notify the original convening authority of the determination. (6) A determination under paragraph (3) not to proceed to trial on a charge by general or special court-martial shall not operate to terminate or otherwise alter the authority of commanding officers to refer such charge for trial by summary court-martial convened under section 824 of this title (article 24), to impose non-judicial punishment in connection with the conduct covered by the charge as authorized by section 815 of this title (article 15), or to take other administrative action. (7) This subsection does not apply to the Coast Guard when it is not operating as a service in the Department of the Navy. . (2) Appointment of chief prosecutor For any Armed Force (other than the Coast Guard) for which the position of Chief Prosecutor does not exist as of the date of the enactment of this Act, the Judge Advocate General of that Armed Force shall establish the position of Chief Prosecutor and appoint as the Chief Prosecutor a judge advocate in the grade of O–6 or above who meets the requirements set forth in paragraphs (1) and (2) of section 827(b) of title 10, United States Code (article 27(b) of the Uniform Code of Military Justice), and who has significant experience prosecuting sexual assault trials by court-martial. (b) Chief Prosecutor authority To convene Article 32 preliminary hearings Section 832(a) of title 10, United States Code (article 32(a) of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph: (3) The Office of the Chief Prosecutor of an armed force may order a preliminary hearing under this section in the event of an allegation of a sex-related offense (as defined in section 834(c)(2) of this title (article 34(c)(2))) involving a member of that armed force. This paragraph does not apply to the Coast Guard when it is not operating as a service in the Department of the Navy. . (c) Modification of officers authorized To convene general and special courts-Martial (1) In general Section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice) is amended— (A) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (B) by inserting after paragraph (7) the following new paragraph (8): (8) an officer in the grade of O–6 or higher who is assigned such responsibility by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, or the Chief of Space Operations, except that an officer designated as a convening authority under this paragraph— (A) may convene a court-martial only with respect to a sex-related offense (as defined in section 834(c)(2) of this title (article 34(c)(2))) and any accompanying charges and specifications; and (B) may not convene a court-martial if such officer is in the chain of command of the accused or the victim; . (2) Offices of Chiefs of Staff on courts-Martial (A) Offices required The Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations shall each establish or designate an office to do the following: (i) To convene general and special courts-martial under sections 822 and 823 of title 10, United States Code (articles 22 and 23 of the Uniform Code of Military Justice), pursuant to paragraph (8) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as amended by paragraph (1), with respect to a sex-related offense (as defined in section 834(c)(2) of title 10, United States Code (article 34(c)(2) of the Uniform Code of Military Justice)) and any accompanying charges and specifications. (ii) To detail under section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), members of courts-martial convened as described in clause (i). (B) Personnel The personnel of each office established under subparagraph (A) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense as may be detailed or assigned to the office by the service chief concerned. The members and personnel so detailed or assigned, as the case may be, shall be detailed or assigned from personnel billets in existence on the date of the enactment of this Act. (d) Implementation and effective date (1) Funding source The Secretaries of the military departments shall carry out subsections (a), (b), and (c) (and the amendments made by such subsections) using funds appropriated after the date of enactment of this Act and otherwise available to the Secretary of the military department concerned. (2) Policies and procedures (A) In general The Secretaries of the military departments shall revise policies and procedures as necessary to comply with this section. (B) Uniformity The General Counsel of the Department of Defense shall review the policies and procedures revised under this paragraph in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments does not render unconstitutional any policy or procedure, as so revised. (3) Manual for Courts-Martial The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this section. (4) Effective date and applicability The amendments made by this section shall take effect on the first day of the first month beginning after the 2-year period following the date of the enactment of this Act, and shall apply with respect to charges preferred under section 830 of title 10, United States Code (article 30 of the Uniform Code of Military Justice), on or after such effective date. 3. Punitive article on sexual harassment and related investigation matters (a) Punitive article on sexual harassment (1) In general Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 920c (article 120c) the following new section (article): 920d. Art. 120d. Sexual harassment (a) In general Any person subject to this chapter who commits sexual harassment against another person shall be punished as a court-martial may direct. (b) Sexual harassment defined (1) In this section, the term sexual harassment means conduct that takes place in a circumstance described in paragraph (2) that takes the form of— (A) a sexual advance; (B) a request for sexual favors; or (C) any other conduct of a sexual nature. (2) A circumstance described in this paragraph is a situation in which— (A) submission to the conduct involved is made either explicitly or implicitly a term or condition of employment; (B) submission to or rejection of such conduct is used as the basis for an employment decision affecting an individual’s employment; or (C) such conduct unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating hostile, or offensive work environment, as determined in accordance with paragraph (3). (3) In determining, for purposes of paragraph (2)(C), whether conduct constitutes sexual harassment because the conduct unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment, the following rules shall apply: (A) The determination shall be made on the basis of the record as a whole, according to the totality of the circumstances. A single incident may constitute sexual harassment. (B) Incidents that may be sexual harassment shall be considered in the aggregate, with— (i) conduct of varying types (such as expressions of sex-based hostility, requests for sexual favors, and denial of employment opportunities due to sexual orientation) viewed in totality, rather than in isolation; and (ii) conduct based on multiple protected characteristics (such as sex and race) viewed in totality, rather than in isolation. (C) The factors specified in this subparagraph are among the factors to be considered in determining whether conduct constitutes sexual harassment and are not meant to be exhaustive. No one of those factors shall be considered to be determinative in establishing whether conduct constitutes sexual harassment. Such factors are each of the following: (i) The frequency of the conduct. (ii) The duration of the conduct. (iii) The location where the conduct occurred. (iv) The number of individuals engaged in the conduct. (v) The nature of the conduct, which may include physical, verbal, pictorial, or visual conduct, and conduct that occurs in person or is transmitted, such as electronically. (vi) Whether the conduct is threatening. (vii) Any power differential between the alleged harasser and the person allegedly harassed. (viii) Any use of epithets, slurs, or other conduct that is humiliating or degrading. (ix) Whether the conduct reflects stereotypes about individuals in the protected class involved. . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 920c (article 120c) the following new item: 920d. Art. 120d. Sexual harassment. . (b) Investigations of sexual harassment (1) In general Section 1561 of title 10, United States Code, is amended to read as follows: 1561. Complaints of sexual harassment: independent investigation (a) Action on complaints alleging sexual harassment A commanding officer or officer in charge of a unit, vessel, facility, or area of an armed force under the jurisdiction of the Secretary of a military department, who receives, from a member of the command or a member under the supervision of the officer, a formal complaint alleging sexual harassment by a member of the armed forces shall, as soon as practicable after such receipt, forward the complaint to an independent investigator. (b) Commencement of investigation To the extent practicable, an independent investigator shall commence an investigation of a formal complaint of sexual harassment not later than 72 hours after— (1) receiving a formal complaint of sexual harassment forwarded by a commanding officer or officer in charge under subsection (a); or (2) receiving a formal complaint of sexual harassment directly from a member of the armed forces. (c) Duration of investigation To the extent practicable, an investigation under subsection (b) shall be completed not later than 14 days after the date on which the investigation commences. (d) Report on command investigation To the extent practicable, an independent investigator who commences an investigation under subsection (b) shall— (1) submit a final report on the results of the investigation, including any action taken as a result of the investigation, to the officer described in subsection (a) not later than 20 days after the date on which the investigation commenced; or (2) submit a report on the progress made in completing the investigation to the officer described in subsection (a) not later than 20 days after the date on which the investigation commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that officer. (e) Definitions In this section: (1) The term formal complaint means a complaint that an individual files in writing and attests to the accuracy of the information contained in the complaint. (2) The term independent investigator means a member of the armed forces or employee of the Department of Defense— (A) who is outside the chain of command of the complainant; and (B) whom the Secretary concerned determines is trained in the investigation of sexual harassment. (3) The term sexual harassment has the meaning given that term in section 920d(b) of this title (article 120d of the Uniform Code of Military Justice). . (2) Clerical amendment The table of sections at the beginning of chapter 80 of title 10, United States Code, is amended by striking the item relating to section 1561 and inserting the following new item: 1561. Complaints of sexual harassment: independent investigation. . (3) Effective date The amendment to section 1561 of such title made by this subsection shall— (A) take effect on the day that is two years after the date of the enactment of this Act; and (B) apply to any investigation of a formal complaint of sexual harassment (as those terms are defined in such section, as amended) made on or after that date. (4) Report on implementation Not later than nine months after the date of the enactment of this Act, each Secretary of a military department shall submit to Congress a report on preparation of that Secretary to implement the amendment to section 1561 of such title made by this subsection. 4. Authorization of claims by members of the Armed Forces against the United States that arise from sex-related offenses (a) Establishment (1) In general Chapter 163 of title 10, United States Code, is amended by inserting after section 2733a the following new section: 2733b. Claims arising from sex-related offenses (a) In general Consistent with this section and under such regulations as the Secretary of Defense shall prescribe under subsection (d), the Secretary may allow, settle, and pay a claim against the United States for personal injury or death of a claimant arising from— (1) a sex-related offense committed by a covered individual; and (2) (A) the negligent failure to prevent such sex-related offense; or (B) the negligent failure to investigate such sex-related offense. (b) Requirement for claims A claim may be allowed, settled, and paid under subsection (a) only if— (1) the claim is filed by the claimant who is the victim of the sex-related offense, or by an authorized representative on behalf of such claimant who is deceased or otherwise unable to file the claim due to incapacitation; (2) the claimant was a member of an armed force under the jurisdiction of the Secretary of a military department at the time of the sex-related offense; (3) the claim is presented to the Department in writing within two years after the claim accrues; (4) the claim is not allowed to be settled and paid under any other provision of law; and (5) the claim is substantiated as prescribed in regulations prescribed by the Secretary of Defense under subsection (d). (c) Payment of claims (1) If the Secretary of Defense determines, pursuant to regulations prescribed by the Secretary under subsection (d), that a claim under this section in excess of $100,000 is meritorious, and the claim is otherwise payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury for payment under section 1304 of title 31. (2) Except as provided in paragraph (1), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction. (d) Regulations (1) The Secretary of Defense shall prescribe regulations to implement this section. (2) Regulations prescribed by the Secretary under paragraph (1) shall include the following: (A) Policies and procedures to ensure the timely, efficient, and effective processing and administration of claims under this section, including— (i) the filing, receipt, investigation, and evaluation of a claim; (ii) the negotiation, settlement, and payment of a claim; and (iii) such other matters relating to the processing and administration of a claim, including an administrative appeals process, as the Secretary considers appropriate. (B) Uniform standards consistent with generally accepted standards used in a majority of States in adjudicating claims under chapter 171 of title 28 (commonly known as the Federal Tort Claims Act ) to be applied to the evaluation, settlement, and payment of claims under this section without regard to the place of occurrence of the sex-related offense giving rise to the claim or the military department of the covered individual, and without regard to foreign law in the case of claims arising in foreign countries, including uniform standards to be applied to determinations with respect to— (i) whether an act or omission by a covered individual was negligent or wrongful, considering the specific facts and circumstances; (ii) whether the personal injury or death of the claimant was caused by a negligent or wrongful act or omission of a covered individual; (iii) requirements relating to proof of duty, breach of duty, and causation resulting in compensable injury or loss, subject to such exclusions as may be established by the Secretary of Defense; and (iv) calculation of damages. (C) Such other matters as the Secretary considers appropriate. (3) In order to implement expeditiously the provisions of this section, the Secretary may prescribe the regulations under this subsection— (A) by prescribing an interim final rule; and (B) not later than one year after prescribing such interim final rule and considering public comments with respect to such interim final rule, by prescribing a final rule. (e) Limitations on attorney fees (1) No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 20 percent of any claim paid pursuant to this section. (2) Any attorney who charges, demands, receives, or collects for services rendered in connection with a claim under this section any amount in excess of the amount allowed under paragraph (1), if recovery be had, shall be fined not more than $2,000, imprisoned not more than one year, or both. (3) The United States shall not be liable for any attorney fees of a claimant under this section. (f) Annual report Not less frequently than annually until 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report— (1) indicating the number of claims processed under this section; (2) indicating the resolution of each such claim; and (3) describing any other information that may enhance the effectiveness of the claims process under this section. (g) Definitions In this section: (1) The term covered individual means a member of the armed forces or an employee of the Department of Defense. (2) The term sex-related offense has the meaning given that term in section 834 of this title. . (2) Clerical amendment The table of sections at the beginning of chapter 163 of such title is amended by inserting after the item relating to section 2733a the following new item: 2733b. Claims arising from sex-related offenses. . (b) Interim briefing on development of regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the development of regulations under section 2733b(d) of title 10, United States Code, as added by subsection (a)(1). (c) Conforming amendments (1) Section 2735 of such title is amended by inserting 2733b, after 2733a, . (2) Section 1304(a)(3)(D) of title 31, United States Code, is amended by inserting 2733b, after 2733a, . (d) Effective date and transition provision (1) Effective date The amendments made by this section shall apply to any claim filed under section 2733b of such title, as added by subsection (a)(1), on or after January 1, 2022. (2) Transition Any claim filed in calendar year 2021 shall be deemed to be filed within the time period specified in section 2733b(b)(2) of such title, as so added, if it is filed within three years after it accrues. 5. Reports on Sexual Harassment/Assault Response Programs of the Armed Forces (a) Secretary of Defense report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the Sexual Harassment/Assault Response Programs of each military department. (2) Elements The report required by paragraph (1) shall include the following: (A) A description and assessment of the Sexual Harassment/Assault Response Program of each military department including the funding for such program, the manner in which such funding is allocated, and the elements of such program that receive funding. (B) A comparative assessment of the feasibility and advisability of carrying out the Sexual Harassment/Assault Response Programs through each structure as follows: (i) The current structure. (ii) A structure involving discharge through civilian personnel. (iii) A structure involving discharge though substantial numbers of contractors. (iv) A structure involving the establishment of a military occupational specialty to permit members of the Armed Forces to extend their time in a Sexual Harassment/Assault Response Program and professionalize their services (including proper education and training as well as continuing education). (v) Any other structure the Secretary considers appropriate. (b) Comptroller General of the United States report (1) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the Sexual Harassment/Assault Response Programs of the military departments. (2) Elements The report required by paragraph (1) shall include the following: (A) An assessment by the Comptroller General of the efficacy and impacts of the Sexual Harassment/Assault Response Programs of the military departments. (B) Such recommendations as the Comptroller General considers appropriate for improvements to the Sexual Harassment/Assault Response Programs. 6. Improvement of the Sexual Harassment/Assault Response Program of the Army (a) Improvements and modifications (1) In general The Secretary of the Army shall take such actions as are necessary to enhance the independence and professionalization of the Sexual Harassment/Assault Response Program of the Army (referred to in this section as the Program ). (2) Regulations and guidance In carrying out paragraph (1), the Secretary of the Army shall modify the regulations, policies, and guidance relating to the Program, to meet the following criteria: (A) Personnel of the Program shall be selected by the Department of the Army through a centralized process that does not rely upon internal unit appointments. (B) Personnel of the Program shall not be supervised by unit commanders. (C) The Program shall be structured to support the command while remaining independent from local commands, including through the establishment of an independent reporting chain and a central supervisory office. (D) Except as provided subparagraph (E), the Program shall consist entirely of full-time personnel, including Victim Advocates and Sexual Assault Response Coordinators. (E) Part-time personnel may be assigned to the Program only if the responsibilities of such personnel— (i) are limited to activities relating to prevention; and (ii) do not involve reporting or providing assistance directly to victims. (F) Each manager of the Program shall be a civilian employee of the Department of Defense who is— (i) a senior executive (as defined in section 3132 of title 5, United States Code); (ii) otherwise classified above GS–15 (as provided in section 5108 of title 5, United States Code) and rated by the Senior Pentagon-level Commander of the Program; or (iii) in the case of a manager supporting an O–7 level command, an employee classified at GS–15. (G) The responsibilities of the Sexual Assault Review Board as set forth in regulation shall be revised to incorporate a requirement for periodic trend analysis of problems related to providing for the needs of victims. (b) Review and report (1) In general The Secretary of the Army shall— (A) evaluate whether to create a separate career track for personnel of the Program, which may include a separate occupational specialty or strengthened qualification identifier, with consideration of strategies for ensuring that positions in the Program are competitive for promotion with positions in other areas; and (B) conduct a comprehensive review of the certification courses and professional standards under the Program. (2) Report Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the evaluation and review conducted under paragraph (1). (c) Deadline for implementation The Secretary of the Army shall implement the improvements and modifications required under subsections (a) and (b) not later than two years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1611is/xml/BILLS-117s1611is.xml |
117-s-1612 | II 117th CONGRESS 1st Session S. 1612 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mrs. Shaheen (for herself, Ms. Hassan , Mr. Casey , Mr. King , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Secretary of Transportation to assist States to rehabilitate or replace certain bridges, and for other purposes.
1. Short title This Act may be cited as the Strengthen And Fortify Existing Bridges Act of 2021 or the SAFE Bridges Act of 2021 . 2. Strengthen and fortify existing bridges (a) Definitions In this section: (1) Bridge The term bridge means a highway bridge on a public road, whether on or off a Federal-aid highway. (2) Eligible bridge The term eligible bridge means a bridge that is classified as in poor condition. (3) Federal-aid highway The term Federal-aid highway has the meaning given the term in section 101(a) of title 23, United States Code. (4) Public road The term public road has the meaning given the term in section 101(a) of title 23, United States Code. (5) Rehabilitation The term rehabilitation means, with respect to a bridge, the carrying out of major work necessary, as determined by the Secretary— (A) to restore or increase the structural capacity of the bridge; or (B) to correct a major safety defect of the bridge. (6) Replacement The term replacement means, with respect to a bridge, the construction of a new facility that, as determined by the Secretary, is in the same general traffic corridor as the replaced bridge. (7) Secretary The term Secretary means the Secretary of Transportation. (8) State The term State means— (A) a State; (B) the District of Columbia; and (C) the Commonwealth of Puerto Rico. (b) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a program to assist States to rehabilitate or replace eligible bridges. (c) Apportionment of funds (1) In general Amounts made available to carry out the program established under subsection (b) for a fiscal year shall be apportioned to each State according to the ratio that— (A) the total cost to rehabilitate or replace eligible bridges in that State; bears to (B) the total cost to rehabilitate or replace eligible bridges in all States. (2) Calculation of total cost (A) In general For purposes of the calculation under paragraph (1), the Secretary shall multiply the deck area of eligible bridges by the unit price on a State-by-State basis, as determined by the Secretary, to determine the total cost to rehabilitate or replace eligible bridges in each State. (B) Data used in making determinations The Secretary shall make determinations under this subsection based on the latest available data, which shall be updated not less than annually. (C) Use of existing inventories To the extent practicable, the Secretary shall make determinations under this subsection using inventories prepared under section 144 of title 23, United States Code. (d) Use of funds Funds apportioned to a State under the program established under subsection (b) shall— (1) be used by that State— (A) for the rehabilitation and replacement of 1 or more eligible bridges; or (B) to maintain the surface coating and corrosion protection system of 1 or more eligible bridges; (2) notwithstanding any other provision of law, be administered as if apportioned under chapter 1 of title 23, United States Code, except that the funds shall not be transferable; (3) be subject to the requirements described in section 1101(b) of the FAST Act ( 23 U.S.C. 101 note; 129 Stat. 1323) in the same manner as amounts made available for programs under titles I, II, and III of that Act; and (4) not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act. (e) Condition at project completion On completion of the rehabilitation or replacement, a bridge that is rehabilitated or replaced under the program established under subsection (b) may not be classified as in poor condition. (f) Federal share The Federal share of the cost of a project carried out with funds apportioned to a State under the program established under subsection (b) shall be 100 percent. (g) Reapportionment of unobligated funds Any funds apportioned to a State under the program established under subsection (b) and not obligated by the State at the end of the third fiscal year beginning after the fiscal year during which the funds were apportioned shall be withdrawn from the State and reapportioned by the Secretary to States that have not had funds withdrawn under this subsection in accordance with the formula under subsection (c). (h) Nonsubstitution In carrying out the program established under subsection (b), the Secretary shall ensure that funding made available to a State under the program supplements, and does not supplant— (1) other Federal funding made available for the rehabilitation or replacement of eligible bridges; and (2) the planned obligations of that State with respect to eligible bridges. (i) Report Not later than 1 year after the date of enactment of this Act, and each year thereafter if States obligated funds apportioned under the program established under subsection (b) during that year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the amounts obligated by each State for projects under the program. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $2,750,000,000 for each of fiscal years 2022 through 2027, to remain available until expended. (k) National bridge and tunnel inventories Section 144(b)(5) of title 23, United States Code, is amended by striking structurally deficient bridge identified under this subsection and inserting bridge classified as in poor condition . | https://www.govinfo.gov/content/pkg/BILLS-117s1612is/xml/BILLS-117s1612is.xml |
117-s-1613 | II 117th CONGRESS 1st Session S. 1613 IN THE SENATE OF THE UNITED STATES May 13, 2021 Ms. Duckworth (for herself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To require the Administrator of the Small Business Administration to establish a grant program for certain fitness facilities, and for other purposes.
1. Short title This Act may be cited as the Gym Mitigation and Survival Act of 2021 or the GYMS Act of 2021 . 2. Grants for fitness facilities (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Small Business Administration. (2) Affiliated business The term affiliated business means a business in which an eligible entity has an equity or right to profit distributions of not less than 50 percent, and in which an eligible entity has the contractual authority to control the direction of the business, provided that such affiliation shall be determined as of any arrangements or agreements in existence as of March 13, 2020. (3) Eligible entity The term eligible entity means a fitness facility— (A) which provides instruction in a program of physical exercise or offers space for the preservation, maintenance, encouragement, or development of physical fitness; (B) which does not offer golf, hunting, sailing, or riding facilities; (C) where the health or fitness component of which is not incidental to its overall function and purpose; and (D) which is not part of a State or local government facility. (b) Authority (1) Initial grants The Administrator may make initial grants to eligible entities in accordance with this section. (2) Supplemental grants The Administrator may make a supplemental grant in accordance with this section to an eligible entity that receives a grant under paragraph (1) if, as of December 31, 2020, the revenues of the eligible entity for the most recent calendar quarter are not more than 33 percent of the revenues of the eligible entity for the corresponding calendar quarter during 2019 due to the COVID–19 pandemic. (3) Priority During the initial 14-day period in which the Administrator awards initial grants under this subsection, the Administrator shall prioritize awarding grants to eligible entities serving marginalized and underrepresented communities, with a focus on women, veteran, and minority-owned and operated eligible entities serving such communities. (c) Amount (1) Initial grants A grant under subsection (b)(1) shall be in the amount equal to the lesser of— (A) the amount equal to 45 percent of the gross revenue of the eligible entity during 2019; (B) for an eligible entity that began operations after January 1, 2019, the amount equal to the product obtained by multiplying— (i) the average monthly gross revenue for each full month during which the entity was in operation during 2019; by (ii) 6; or (C) $20,000,000. (2) Supplemental grants A grant under subsection (b)(2) shall be in the amount equal to 25 percent of the grant received by the eligible entity under subsection (b)(1). (3) Aggregate maximum amount The aggregate amount of grants made to an eligible entity and any affiliated businesses of the eligible entity under this section shall not exceed $25,000,000. (d) Use of funds (1) Certification An eligible entity applying for a grant under this section shall make a good faith certification— (A) that the uncertainty of current economic conditions makes necessary the grant request to support the ongoing operations of the eligible entity; and (B) acknowledging that funds will be used to retain workers or for other allowable expenses described in paragraph (4). (2) Timing (A) Expenses incurred (i) In general Except as provided in clause (ii), amounts received under a grant under this section may be used for costs incurred during the period beginning on March 1, 2020, and ending on December 31, 2021. (ii) Extension for supplemental grants If an eligible entity receives a grant under subsection (b)(2), amounts received under either grant under this section may be used for costs incurred during the period beginning on March 1, 2020, and ending on June 30, 2022. (B) Expenditure (i) In general Except as provided in clause (ii), an eligible entity shall return to the Administrator any amounts received under a grant under this section that are not expended on or before the date that is 1 year after the date of disbursement of the grant. (ii) Extension for supplemental grants If an eligible entity receives a grant under subsection (b)(2), the eligible entity shall return to the Administrator any amounts received under either grant under this section that are not expended on or before the date that is 18 months after the date of disbursement to the eligible entity of the grant under subsection (b)(1). (3) Allowable expenses (A) Definitions In this paragraph— (i) the terms covered mortgage obligation , covered rent obligation , covered utility payment , and covered worker protection expenditure have the meanings given those terms in section 7A(a) of the Small Business Act ( 15 U.S.C. 636m(a) ); and (ii) the term payroll costs has the meaning given that term in section 7(a)(36)(A) of the Small Business Act ( 15 U.S.C. 636(a)(36)(A) ). (B) Expenses An eligible entity may use amounts received under a grant under this section for— (i) payroll costs; (ii) payments on any covered rent obligation and common area maintenance charges under a lease agreement; (iii) any covered utility payment; (iv) scheduled payments of interest or principal on any covered mortgage obligation (which shall not include any prepayment of principal on a covered mortgage obligation); (v) scheduled interest payments on other scheduled debt as of February 15, 2020; (vi) covered worker protection expenditures; (vii) payments of principal on outstanding loans; (viii) payments made to independent contractors, as reported on Form–1099 MISC; and (ix) other ordinary and necessary business expenses, including— (I) settling existing debts owed to vendors; (II) maintenance expenses; (III) administrative costs; (IV) taxes; (V) operating leases; (VI) advertising, fitness equipment, subscription, and software expenses that are within the scope of the normal business practice of the eligible entity; (VII) payments required for insurance on any insurance policy; (VIII) capital expenditures or expenses required under any State, local, or Federal law or guideline related to social distancing; and (IX) any other expenses that the Administrator determines to be essential to maintaining the eligible entity. (4) Prohibited expenses An eligible entity may not use amounts received under a grant under this section— (A) to purchase real estate; (B) for payments of interest or principal on loans originated after February 15, 2020; (C) to invest or re-lend funds; (D) for contributions or expenditures to, or on behalf of, any political party, party committee, or candidate for elective office; or (E) for any other use as may be prohibited by the Administrator. (e) Authorization of appropriations There is authorized to be appropriated $30,000,000,000 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s1613is/xml/BILLS-117s1613is.xml |
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