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117-s-1614 | II 117th CONGRESS 1st Session S. 1614 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Young (for himself and Mr. Schatz ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require certain grantees under title I of the Housing and Community Development Act of 1974 to submit a plan to track discriminatory land use policies, and for other purposes.
1. Short title This Act may be cited as the Yes In My Backyard Act . 2. Purpose The purpose of this Act is to discourage the use of discriminatory land use policies and remove barriers to making housing more affordable in order to further the original intent of the Community Development Block Grant program. 3. Land use plan (a) In general Section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 ) is amended by adding at the end the following: (n) Plan To track discriminatory land use policies (1) In general Prior to receipt in any fiscal year of a grant from the Secretary under subsection (b), (d)(1), or (d)(2)(B) of section 106, each recipient shall have prepared and submitted, not less frequently than once during the preceding 5-year period, in accordance with this subsection and in such standardized form as the Secretary shall, by regulation, prescribe, with respect to each land use policy described in paragraph (2) that is applicable to the jurisdiction served by the recipient, a description of— (A) whether the recipient has already adopted the policy in the jurisdiction served by the recipient; (B) the plan of the recipient to implement the policy in that jurisdiction; or (C) the ways in which adopting the policy will benefit the jurisdiction. (2) Land use policies The policies described in this paragraph are as follows: (A) Enacting high-density single-family and multifamily zoning. (B) Expanding by-right multifamily zoned areas. (C) Allowing duplexes, triplexes, or fourplexes in areas zoned primarily for single-family residential homes. (D) Allowing manufactured homes in areas zoned primarily for single-family residential homes. (E) Allowing multifamily development in retail, office, and light manufacturing zones. (F) Allowing single-room occupancy development wherever multifamily housing is allowed. (G) Reducing minimum lot size. (H) Ensuring historic preservation requirements and other land use policies or requirements are coordinated to encourage creation of housing in historic buildings and historic districts. (I) Increasing the allowable floor area ratio in multifamily housing areas. (J) Creating transit-oriented development zones. (K) Streamlining or shortening permitting processes and timelines, including through one-stop and parallel-process permitting. (L) Eliminating or reducing off-street parking requirements. (M) Ensuring impact and utility investment fees accurately reflect required infrastructure needs and related impacts on housing affordability are otherwise mitigated. (N) Allowing prefabricated construction. (O) Reducing or eliminating minimum unit square footage requirements. (P) Allowing the conversion of office units to apartments. (Q) Allowing the subdivision of single-family homes into duplexes. (R) Allowing accessory dwelling units, including detached accessory dwelling units, on all lots with single-family homes. (S) Establishing density bonuses. (T) Eliminating or relaxing residential property height limitations. (U) Using property tax abatements to enable higher density and mixed-income communities. (V) Donating vacant land for affordable housing development. (3) Effect of submission A submission under this subsection shall not be binding with respect to the use or distribution of amounts received under section 106. (4) Acceptance or nonacceptance of plan The acceptance or nonacceptance of any plan submitted under this subsection in which the information required under this subsection is provided is not an endorsement or approval of the plan, policies, or methodologies, or lack thereof. . (b) Effective date The requirements under subsection (n) of section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 ), as added by subsection (a), shall— (1) take effect on the date that is 1 year after the date of enactment of this Act; and (2) apply to recipients of a grant under subsection (b), (d)(1), or (d)(2)(B) of section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ) before, on, and after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s1614is/xml/BILLS-117s1614is.xml |
117-s-1615 | II 117th CONGRESS 1st Session S. 1615 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To limit the scope of regulations issued by the Secretary of Health and Human Services to control communicable diseases, and for other purposes.
1. Short title This Act may be cited as the Limiting CDC to Disease Control Act . 2. Limiting the scope of regulations of the Department of Health and Human Services to control communicable diseases Section 361(a) of the Public Health Service Act ( 42 U.S.C. 264(a) ) is amended by striking The Surgeon General, and all that follows through may be necessary. at the end and inserting the following: “To prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession, the Secretary may make and enforce regulations under this section— (1) for the measures authorized under subsections (b) through (d); or (2) to provide for such inspection, fumigation, disinfection, sanitation, pest extermination, or destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings. . | https://www.govinfo.gov/content/pkg/BILLS-117s1615is/xml/BILLS-117s1615is.xml |
117-s-1616 | II 117th CONGRESS 1st Session S. 1616 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide exceptions from permitting and fee requirements for content creation, regardless of distribution platform, including digital or analog video and digital or analog audio recording activities, conducted on land under the jurisdiction of the Secretary of Agriculture and the Secretary of the Interior.
1. Short title This Act may be cited as the Federal Interior Land Media Act or the FILM Act . 2. Exceptions for permitting and fee requirements for certain content creation, regardless of distribution platform, including digital or analog video and digital or analog audio recording activities, conducted on land under the jurisdiction of the Secretary of Agriculture and the Secretary of the Interior (a) National Park System land Section 100905 of title 54, United States Code, is amended— (1) in subsection (c)(1), in the first sentence, by inserting commercial or non-commercial before still photography ; (2) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; (3) by inserting after subsection (c) the following: (d) Content creation, regardless of distribution platform, including digital or analog video and digital or analog audio recording activities (1) In general Except as provided in paragraph (3), the Secretary shall not require a permit or assess a fee or charge for any commercial or noncommercial content creation, regardless of distribution platform, including digital or analog video and digital or analog audio recording activity, in a System unit (referred to in this subsection as a covered activity ), if the covered activity— (A) takes place at a location in which the public is allowed; (B) complies with and adheres to visitor use policies, practices, and regulations applicable to the applicable System unit; (C) is conducted in a manner that does not— (i) impede or intrude on the experience of other visitors to the applicable System unit; or (ii) disturb other resource values and wildlife; (D) does not require the exclusive use of a site or area; (E) complies with other applicable Federal, State, and local laws (including regulations), such as laws relating to the use of unmanned aerial equipment; and (F) is conducted by— (i) an individual; or (ii) a group of not more than 10 individuals. (2) Advance notification not required The Secretary shall not require advance notification for the conduct of a covered activity under paragraph (1). (3) Exceptions Notwithstanding paragraph (1), the Secretary may require a permit, assess a fee or charge, or both, for the conduct of a covered activity, if— (A) the covered activity takes place at a location in which members of the public are generally not allowed; (B) additional administrative costs are likely to be incurred by the Secretary with respect to the covered activity; (C) the covered activity is being conducted in a localized area that receives very high volume visitation; (D) the covered activity requires the use of a set or staging equipment; or (E) the covered activity is being conducted by a group of 11 or more individuals. (4) Voluntary permit applications Notwithstanding paragraph (1), an individual or small group of individuals conducting a covered activity that meets the requirements of that paragraph may elect to apply for a permit for the covered activity for any reason, including to benefit from any assurances provided by the permit. ; (4) in subsection (e) (as so redesignated), in the matter preceding paragraph (1), by inserting , a covered activity described in subsection (d), after still photography ; and (5) in subsection (g) (as so redesignated)— (A) by striking The Secretary shall and inserting the following: (1) In general The Secretary shall ; and (B) by adding at the end the following: (2) Coordination (A) In general If a permit is required for an activity under this section and 1 or more additional Federal agencies or jurisdictional units are involved in the permitting of the activity, the Secretary and the head of the Federal agency or jurisdictional unit shall, to the maximum extent practicable, coordinate permit processing procedures. (B) Identification of lead permit agency contact To maximize the efficient and coordinated processing of permits under this section in which more than 1 Federal agency or jurisdictional unit is involved in the permitting of the activity, the Secretary and the heads of any other applicable Federal agencies shall consider, to the maximum extent practicable, identifying a lead contact or office to process and coordinate applicable permits and fees. . (b) Other land under the jurisdiction of the Secretary of Agriculture and the Secretary of the Interior Section 1 of Public Law 106–206 ( 16 U.S.C.460 l –6d) is amended— (1) in subsection (c)(1), in the first sentence, by inserting commercial or non-commercial before still photography ; (2) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; (3) by inserting after subsection (c) the following: (d) Content creation, regardless of distribution platform, including digital or analog video and digital or analog audio recording activities (1) In general Except as provided in paragraph (3), the Secretary shall not require a permit or assess a fee or charge for any commercial or noncommercial content creation, regardless of distribution platform, including digital or analog video and digital or analog audio recording activity, on land administered by the Secretary (referred to in this subsection as a covered activity ), if the covered activity— (A) takes place at a location in which the public is allowed; (B) complies with and adheres to visitor use policies, practices, and regulations applicable to the applicable land administered by the Secretary; (C) is conducted in a manner that does not— (i) impede or intrude on the experience of other visitors to the applicable land administered by the Secretary; or (ii) disturb other resource values and wildlife; (D) does not require the exclusive use of a site or area; (E) complies with other applicable Federal, State, and local laws (including regulations), such as laws relating to the use of unmanned aerial equipment; and (F) is conducted by— (i) an individual; or (ii) a group of not more than 10 individuals. (2) Advance notification not required The Secretary shall not require advance notification for the conduct of a covered activity under paragraph (1). (3) Exceptions Notwithstanding paragraph (1), the Secretary may require a permit, assess a fee or charge, or both, for the conduct of a covered activity, if— (A) the covered activity takes place at a location in which members of the public are generally not allowed; (B) additional administrative costs are likely to be incurred by the Secretary with respect to the covered activity; (C) the covered activity is being conducted in a localized area that receives very high volume visitation; (D) the covered activity requires the use of a set or staging equipment; or (E) the covered activity is being conducted by a group of 11 or more individuals. (4) Voluntary permit applications Notwithstanding paragraph (1), an individual or small group of individuals conducting a covered activity that meets the requirements of that paragraph may elect to apply for a permit for the covered activity for any reason, including to benefit from any assurances provided by the permit. ; (4) in subsection (e) (as so redesignated), in the matter preceding paragraph (1), by inserting , a covered activity described in subsection (d), after still photography ; and (5) in subsection (g) (as so redesignated)— (A) by striking The Secretary shall and inserting the following: (1) In general The Secretary shall ; and (B) by adding at the end the following: (2) Coordination (A) In general If a permit is required for an activity under this section and 1 or more additional Federal agencies or jurisdictional units are involved in the permitting of the activity, the Secretary and the head of the Federal agency or jurisdictional unit shall, to the maximum extent practicable, coordinate permit processing procedures. (B) Identification of lead agency contact To maximize the efficient and coordinated processing of permits under this section in which more than 1 Federal agency or jurisdictional unit is involved in the permitting of the activity, the Secretary and the heads of any other applicable Federal agencies shall consider, to the maximum extent practicable, identifying a lead contact or office to process and coordinate applicable permits and fees. . | https://www.govinfo.gov/content/pkg/BILLS-117s1616is/xml/BILLS-117s1616is.xml |
117-s-1617 | II 117th CONGRESS 1st Session S. 1617 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Risch (for himself, Mrs. Shaheen , Ms. Hassan , Mr. Kennedy , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To modify the requirements for the Administrator of the Small Business Administration relating to declaring a disaster in a rural area, and for other purposes.
1. Short title This Act may be cited as the Disaster Assistance for Rural Communities Act . 2. Disaster declaration in rural areas (a) In general Section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ) is amended by inserting after paragraph (15) the following: (16) Disaster declaration in rural areas (A) Definitions In this paragraph— (i) the term rural area means an area with a population of less than 200,000 outside an urbanized area; and (ii) the term significant damage means, with respect to property, uninsured losses of not less than 40 percent of the estimated fair replacement value or pre-disaster fair market value of the damaged property, whichever is lower. (B) Disaster declaration For the purpose of making loans under paragraph (1) or (2), the Administrator may declare a disaster in a rural area for which a major disaster was declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) if— (i) the Governor of the State in which the rural area is located requests such a declaration; and (ii) any home, small business concern, private nonprofit organization, or small agricultural cooperative has incurred significant damage in the rural area. (C) SBA report Not later than 120 days after the date of enactment of this paragraph, and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on, with respect to the 1-year period preceding submission of the report— (i) any economic injury that resulted from a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) in a rural area; (ii) each request for assistance made by the Governor of a State under subparagraph (B)(i) and the response of the Administrator, including the timeline for each response; and (iii) any regulatory changes that will impact the ability of communities in rural areas to obtain disaster assistance under this subsection. . (b) Regulations Not later than 120 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue regulations to carry out the amendment made by subsection (a). (c) GAO report (1) Definition of rural area In this subsection, the term rural area means an area with a population of less than 200,000 outside an urbanized area. (2) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on— (A) any unique challenges that communities in rural areas face compared to communities in urbanized areas when seeking to obtain disaster assistance under section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ); and (B) legislative recommendations for improving access to disaster assistance for communities in rural areas. | https://www.govinfo.gov/content/pkg/BILLS-117s1617is/xml/BILLS-117s1617is.xml |
117-s-1618 | II 117th CONGRESS 1st Session S. 1618 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Daines (for himself and Mr. Tester ) 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 first responders to continue to exclude service-connected disability pension payments after reaching the age of retirement.
1. Short title This Act may be cited as the Putting First Responders First Act . 2. Continued exclusion of first responder service-connected disability payments after age of retirement (a) In general Section 104 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: (d) Special rule for first responder service-Connected disability payments after age of retirement (1) In general In the case of an individual who receives a service-connected disability excludable amount, gross income shall not include such amount of any retirement pension or annuity which— (A) is received by such individual with respect to the service to which the service-connected disability excludable amount relates, (B) is determined by reference to the individual’s age, length of service, or contributions, and (C) does not exceed the service-connected disability excludable amount (determined on an annualized basis under such regulations or other guidance as the Secretary may prescribe). (2) Service-connected disability excludable amount For purposes of this subsection, the term service-connected disability excludable amount means an amount received by an individual which ceases upon reaching retirement age and is not includible in gross income under subsection (a)(1) by reason of a service-connected disability as a law enforcement officer (as such term is defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968), an employee in fire protection activities (as such term is defined in section 3(y) of the Fair Labor Standards Act of 1938), or an individual who provides out-of-hospital emergency medical care (including emergency medical technician, paramedic, or first responder). . (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-117s1618is/xml/BILLS-117s1618is.xml |
117-s-1619 | II 117th CONGRESS 1st Session S. 1619 IN THE SENATE OF THE UNITED STATES May 13, 2021 Ms. Ernst 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 provide for a 2-year prohibition on employment in a career civil service position for any former political appointee, and for other purposes.
1. Short title This Act may be cited as the Reduce Bureaucracy Act . 2. Limitation on employment of political appointees in career civil service positions (a) In general Subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following: 3117. Employment of political appointees (a) Definitions In this section— (1) the term agency has the meaning given the term Executive agency in section 105; (2) the term Associate Director means the Associate Director for Merit System Accountability and Compliance at the Office of Personnel Management; (3) the term career position means— (A) a position in the competitive service filled by career or career-conditional appointment; (B) a position in the excepted service filled by an appointment of equivalent tenure as a position described in subparagraph (A); (C) a career reserved position, as defined in section 3132(a)(8), in the Senior Executive Service; or (D) a general position in the Senior Executive Service when filled by a career appointee, as defined in section 3132(a)(4); (4) the term participated means an action taken as an officer or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or other such action; (5) the term particular matter includes any investigation, application, request for a ruling or determination, rulemaking, contract, controversy, claim, charge, accusation, arrest, or judicial or other proceeding; (6) the term political appointee means an individual serving in an appointment of any duration to a political position; and (7) the term political position means— (A) a position with respect to which appointment is made— (i) by the President; or (ii) by the President, by and with the advice and consent of the Senate; (B) a position that has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; (C) a position described in sections 5312 through 5316 (relating to the Executive Schedule); and (D) a general position in the Senior Executive Service during such time as it is filled by— (i) a noncareer appointee, as defined in section 3132(a)(7); or (ii) a limited term appointee or a limited emergency appointee, as defined in paragraphs (5) and (6) of section 3132(a), respectively, who is serving under a political appointment. (b) Appointment approval required (1) In general The head of an agency may not appoint any individual described in paragraph (5) to a career position within the agency without receiving prior written approval from the Associate Director, consistent with the requirements of this subsection. (2) Request The head of an agency shall submit to the Associate Director a request to approve the appointment of any individual described in paragraph (5) to a career position, which shall include certification by the head of the agency to the Associate Director that the appointment is necessary for the agency to meet the mission of the agency. (3) Review and determination The Associate Director— (A) shall— (i) review any request received under paragraph (2); and (ii) deny any request described in clause (i), unless the Associate Director determines that the appointment process with respect to the request was fair, open, and free from political influence; and (B) may, if the Associate Director makes a determination described in subparagraph (A)(ii), approve a request submitted under paragraph (2). (4) Notification to Congress With respect to any request approved under paragraph (3)(B), the Associate Director shall, not less than 5 days before the date on which the Associate Director provides approval to the head of the requesting agency, provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives the agency certification under paragraph (2) and the rationale of the applicable agency head with respect to that certification. (5) Covered individuals An individual described in this paragraph is— (A) a political appointee; (B) a former political appointee who held any political position during the 5-year period before the date on which the applicable request described in paragraph (2) is submitted; or (C) at the discretion of the Director of the Office of Personnel Management, a former political appointee who held any political position before the 5-year period described in subparagraph (B). (c) Restriction on appointment (1) In general Notwithstanding any other law, rule, or regulation, during the 2-year period following the date on which a political appointee leaves or departs from a political position, that appointee may not be appointed to any career position in the civil service. (2) Exception Paragraph (1) shall not apply to a political appointee who has not personally and substantially participated in any particular matter while employed in a political position. (d) Application Nothing in this section may be construed to restrict the appointment of an individual who is— (1) entitled to reinstatement under section 3593(b); or (2) eligible for reinstatement under section 3593(a). . (b) Clerical amendment The table of sections for subchapter I of chapter 31 of title 5, United States Code, is amended by adding after the item relating to section 3116 the following: 3117. Employment of political appointees. . (c) Application (1) Appointment requests Section 3117(b) of title 5, United States Code, as added by subsection (a), shall apply to any appointment or request for appointment described in such section submitted to the Associate Director for Merit System Accountability and Compliance after the date of enactment of this Act. (2) Limitation on appointments Section 3117(c) of title 5, United States Code, as added by subsection (a), shall apply to any individual who leaves or departs from a political position (as that term is defined in section 3117(a) of such title, as added by such subsection) after the date of enactment of this Act. (d) Regulations required (1) In general The Director of the Office of Personnel Management shall issue regulations necessary to carry out this section and the amendments made by this section. (2) Contents The regulations issued under paragraph (1) shall include guidance regarding the definition of the term personally and substantially participated in any particular matter in section 3117(c)(2) of title 5, United States Code, as added by subsection (a), consistent with section 2641.201 of title 5, Code of Federal Regulations, and the definitions of applicable terms in section 3117(a) of title 5, United States Code, as added by subsection (a). 3. Reduction in number of political appointees (a) Definitions In this section— (1) the terms limited term appointee , limited emergency appointee , and noncareer appointee have the meanings given the terms in section 3132(a) of title 5, United States Code; and (2) the term political appointee means any individual who— (A) is employed in a position on the Executive Schedule under sections 5312 through 5316 of title 5, United States Code; (B) is a limited term appointee, a limited emergency appointee, or a noncareer appointee; or (C) is employed in a position in the executive branch of the Federal Government of a confidential or policy-determining character under Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulations. (b) Limitation The President, acting through the Director of the Office of Management and Budget and the Director of the Office of Personnel Management, shall take such actions as necessary to ensure that the total number of political appointees shall not exceed 2,000. (c) Effective date This section shall take effect on the date that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1619is/xml/BILLS-117s1619is.xml |
117-s-1620 | II 117th CONGRESS 1st Session S. 1620 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to convey to the city of Eunice, Louisiana, certain Federal land in the State of Louisiana, and for other purposes.
1. Short title This Act may be cited as the Save the Liberty Theatre Act of 2021 . 2. Definitions In this Act: (1) City The term City means the city of Eunice, Louisiana. (2) Map The term map means the map entitled Jean Lafitte National Historical Park and Preserve, Proposed Boundary Revision and Disposal , numbered 467/168813, and dated December 2020. (3) Secretary The term Secretary means the Secretary of the Interior. 3. Land conveyance (a) Conveyance authority The Secretary shall convey to the City, by quitclaim deed and without consideration, all right, title, and interest of the United States in and to the parcels of land described in subsection (b). (b) Description of land The parcels of land referred to in subsection (a) are lots 5 and 6, less the north 27 feet of lot 5, Block 22, of the Original Townsite of Eunice, Louisiana, generally depicted as Proposed Disposal Area on the map. (c) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. 4. Boundary adjustments On the conveyance to the City of the land described in section 3(b), the boundary of the Jean Lafitte National Historical Park and Preserve shall be adjusted to exclude— (1) the conveyed land; and (2) lots 7 and 8 of the Original Townsite of Eunice, Louisiana, generally depicted as Non-NPS in Current Boundary on the map. | https://www.govinfo.gov/content/pkg/BILLS-117s1620is/xml/BILLS-117s1620is.xml |
117-s-1621 | II 117th CONGRESS 1st Session S. 1621 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Rubio (for himself, Mr. King , Ms. Collins , Ms. Ernst , Mr. Kennedy , Mr. Wyden , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To reauthorize and limit the pre-disaster mitigation program of the Small Business Administration, and for other purposes.
1. Short title This Act may be cited as the Providing Resources for Emergency Preparedness And Resilient Enterprises Act or the PREPARE Act . 2. Pre-disaster mitigation program (a) In general Section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ) is amended— (1) in paragraph (1)(C)— (A) by striking during fiscal years 2000 through 2004, to establish a predisaster mitigation program and inserting to establish a pre-disaster mitigation program ; (B) by inserting in accordance with paragraph (16) and before as the Administrator may ; (C) by striking to enable small businesses and inserting to small business concerns to enable those concerns ; and (D) by striking in support of a formal and all that follows and inserting to protect the commercial real estate, equipment, inventory, supplies, and materials of those concerns from damages related to disasters; ; and (2) by inserting after paragraph (15) the following: (16) Pre-disaster mitigation program loans (A) Loan cap The aggregate amount of loans made under the pre-disaster mitigation program under paragraph (1)(C) to a borrower may not exceed $500,000. (B) Outreach In carrying out the pre-disaster mitigation program under paragraph (1)(C), the Administrator shall— (i) establish an advertising and outreach program to help small business concerns understand the value of mitigation and that the pre-disaster mitigation program is available for that purpose; (ii) conduct outreach campaigns to small business concerns regarding the pre-disaster mitigation program, including— (I) advertising to educate those concerns on the importance of disaster mitigation; and (II) campaigns to promote participation in the program by small business concerns located in economically depressed areas; (iii) provide technical assistance to applicants, including instructions on how to participate in the pre-disaster mitigation program, assistance in preparing applications, and expertise on best practices for projects; and (iv) provide detailed information on the purposes for which funds from loans made under the pre-disaster mitigation program may be used. (C) Reservation of funds Not more than 4 percent of the funds made available to the Administrator to carry out the pre-disaster mitigation program under paragraph (1)(C) may be reserved by the Administrator for— (i) the administrative costs of the program; and (ii) the activities described in subparagraph (B). (D) Guidance The Administrator shall issue guidance to ensure that borrowers purchase and maintain adequate insurance coverage over the duration of a loan obtained under the pre-disaster mitigation program under paragraph (1)(C). . (b) Authorization of appropriations Section 20(c) of the Small Business Act ( 15 U.S.C. 631 note) is amended to read as follows: (c) Pre-Disaster mitigation program There is authorized to be appropriated for the purpose of carrying out the program established under section 7(b)(1)(C) the following amounts: (1) $25,000,000 for fiscal year 2022. (2) $25,000,000 for fiscal year 2023. (3) $25,000,000 for fiscal year 2024. (4) $25,000,000 for fiscal year 2025. (5) $25,000,000 for fiscal year 2026. . (c) Program evaluation Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator of the Small Business Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the pre-disaster mitigation program under section 7(b)(1)(C) of the Small Business Act ( 15 U.S.C. 636(b)(1)(C) ), as amended by this Act, including— (1) a list of the geographic areas in which recipients of loans under the program are located; (2) the types of mitigation projects that were funded; (3) the number and dollar value of the loans made under the program; (4) the estimated aggregate value resulting from the use of mitigation techniques funded by loans made under the program, including— (A) the lost productivity and expenses that were avoided; and (B) the estimated amount saved by the Federal Government; (5) the information required by paragraph (4) disaggregated by region, by State, and by industry; and (6) the estimated dollar value of loans that would have been made under section 7(b)(1)(A) of the Small Business Act ( 15 U.S.C. 636(b)(1)(A) ) without the loans made under the program. (d) Initial reporting on pilot program Not later than 60 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives— (1) a description of and all related materials for outreach advertising campaign efforts made during the duration of the pre-disaster mitigation pilot program of the Small Business Administration; (2) information on how the Small Business Administration appropriately staffed the Office of Disaster Assistance to carry out the pilot program described in paragraph (1); and (3) the amount of the budget of the pilot program described in paragraph (1) that was used for outreach advertising campaign efforts. (e) Applicability The amendments made by this section shall apply only with respect to loans made under section 7(b)(1)(C) of the Small Business Act ( 15 U.S.C. 636(b)(1)(C) ), as amended by this Act, on or after the date of enactment of this Act. 3. Increase in allowable amount of physical disaster loan for mitigation Section 7(b)(1)(A) of the Small Business Act ( 15 U.S.C. 636(b)(1)(A) ) is amended, in the second proviso, by striking 20 per centum and inserting 30 percent . | https://www.govinfo.gov/content/pkg/BILLS-117s1621is/xml/BILLS-117s1621is.xml |
117-s-1622 | II 117th CONGRESS 1st Session S. 1622 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Portman (for himself and Ms. Stabenow ) 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 provide States with the option to provide coordinated care through a pregnancy medical home for high-risk pregnant women, and for other purposes.
1. Short title This Act may be cited as the Harnessing Effective and Appropriate Long-Term Health for Moms On Medicaid Act of 2021 or the HEALTH for MOM Act of 2021 . 2. State option to provide coordinated care through a health home for pregnant and postpartum women Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) is amended by inserting after section 1945A the following new section: 1945B. State option to provide coordinated care through a health home for pregnant and postpartum women (a) State option (1) In general Notwithstanding section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability), beginning April 1, 2023, a State, at its option as a State plan amendment, may provide for medical assistance under this title to an eligible woman who chooses to— (A) enroll in a maternity health home under this section by selecting a designated provider, a team of health care professionals operating with such a provider, or a health team as the woman’s maternity health home for purposes of providing the woman with pregnancy and postpartum coordinated care services; or (B) receive such services from a designated provider, a team of health care professionals operating with such a provider, or a health team that has voluntarily opted to participate in a maternity health home for eligible women under this section. (2) Eligible woman defined (A) In general In this section, the term eligible woman means an individual who— (i) is eligible for medical assistance under the State plan (or under a waiver of such plan) for 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) is pregnant. (B) Continuation of eligibility An individual described in subparagraph (A) shall be deemed to be described in such subparagraph through the earlier of— (i) the end of the month in which the individual's eligibility for medical assistance under the State plan (or waiver) ends; and (ii) the last day of the 1-year period that begins on the last day of the individual's pregnancy. (C) Exclusion of individuals eligible for a limited pregnancy-related only benefit package Such term does not include an individual who had a pregnancy end within the last 365 days and whose eligibility under such plan (or waiver) is limited to coverage for a limited type of benefits and services. (b) Qualification standards The Secretary shall establish standards for qualification as a maternity health home or as a designated provider, team of health care professionals operating with such a provider, or a health team eligible for participation in a maternity health home for purposes of this section. Such standards shall include requiring designated providers, teams of health care professionals operating with such providers, and health teams (designated as a maternity health home) to demonstrate to the State the ability to do the following: (1) Coordinate prompt care and access to maternity and postpartum care services, including services provided by specialists, and programs for an eligible woman during pregnancy and during the period for which she remains eligible as described in subsection (a)(2)(B). (2) Develop an individualized, comprehensive, patient-centered care plan for each eligible woman that accommodates patient preferences and, if applicable, reflects adjustments to the payment methodology described in subsection (c)(2)(B). (3) Develop and incorporate into each eligible woman’s care plan, in a culturally and linguistically appropriate manner consistent with the needs of the eligible woman, ongoing home care, community-based primary care, inpatient care, social support services, behavioral health services, local hospital emergency care, and to the extent, applicable, care management and planning related to a change in an eligible woman's eligibility for medical assistance or a change in health insurance coverage. (4) Coordinate with pediatric care providers, as appropriate. (5) Collect and report information under subsection (f)(1). (c) Payments (1) In general A State shall provide a designated provider, a team of health care professionals operating with such a provider, or a health team with payments for the provision of pregnancy and postpartum coordinated care services, to each eligible woman that selects such provider, team of health care professionals, or health team as the woman’s maternity health home or care provider. Payments made to a maternity health home or care provider for such services shall be treated as medical assistance for purposes of section 1903(a), except that, during the first 2 fiscal year quarters that the State plan amendment is in effect, the Federal medical assistance percentage applicable to such payments shall be increased by 15 percentage points, but in no case may exceed 90 percent. (2) Methodology The State shall specify in the State plan amendment the methodology the State will use for determining payment for the provision of pregnancy and postpartum coordinated care services or treatment to an eligible woman. Such methodology for determining payment— (A) may be based on— (i) a per-member per-month basis for each eligible woman enrolled in the maternity health home; (ii) a prospective payment model, in the case of payments to Federally qualified health centers or a rural health clinics; or (iii) an alternate model of payment (which may include a model developed under a waiver under section 1115) proposed by the State and approved by the Secretary; (B) may be adjusted to reflect, with respect to each eligible woman— (i) the severity of the risks associated with the woman's pregnancy; (ii) the severity of the risks associated with the woman's postpartum health care needs; and (iii) the level or amount of time of care coordination required with respect to the woman; and (C) shall be established consistent with section 1902(a)(30)(A). (d) Coordinating care (1) Hospital notification A State with a State plan amendment approved under this section shall require each hospital that is a participating provider under the State plan (or under a waiver of such plan) to establish procedures in the case of an eligible woman who seeks treatment in the emergency department of such hospital for— (A) providing the woman with culturally and linguistically appropriate information on the respective treatment models and opportunities for the woman to access a maternity health home and its associated benefits; and (B) notifying the maternity health home in which the woman is enrolled, or the designated provider, team of health care professionals operating with such a provider, or health team treating the woman, of the woman's treatment in the emergency department and of the protocols for the maternity health home, designated provider, or team to be involved in the woman’s emergency care or post-discharge care. (2) Education with respect to availability of a maternity health home (A) In general In order for a State plan amendment to be approved under this section, a State shall include in the State plan amendment a description of the State’s process for— (i) educating providers participating in the State plan (or a waiver of such plan) on the availability of maternity health homes for eligible women, including the process by which such providers can participate in or refer eligible women to an approved maternity health home or a designated provider, team of health care professionals operating such a provider, or health team; and (ii) educating eligible women, in a culturally and linguistically appropriate manner, on the availability of maternity health homes. (B) Outreach The process established by the State under subparagraph (A) shall include the participation of relevant stakeholders or other public or private organizations or entities that provide outreach and information on the availability of health care items and services to families of individuals eligible to receive medical assistance under the State plan (or a waiver of such plan). (3) Mental health coordination A State with a State plan amendment approved under this section shall consult and coordinate, as appropriate, with the Secretary in addressing issues regarding the prevention, identification, and treatment of mental health conditions and substance use disorders among eligible women. (4) Coordination of social and support services A State with a State plan amendment approved under this section shall consult and coordinate, as appropriate, with the Secretary in establishing means to connect eligible women receiving pregnancy and postpartum care coordinated under this section with social and support services, including services made available under maternal, infant, and early childhood home visiting programs established under section 511, and services made available under section 330H or title X of the Public Health Service Act. (e) Monitoring A State shall include in the State plan amendment— (1) a methodology for tracking reductions in inpatient days and reductions in the total cost of care resulting from improved care coordination and management under this section; (2) a proposal for use of health information technology in providing an eligible woman with pregnancy and postpartum coordinated care services as specified under this section and improving service delivery and coordination across the care continuum; and (3) a methodology for tracking prompt and timely access to medically necessary care for eligible women from out-of-State providers. (f) Data collection (1) Provider reporting requirements In order to receive payments from a State under subsection (c), a maternity health home, or a designated provider, a team of health care professionals operating with such a provider, or a health team, shall report to the State, at such time and in such form and manner as may be required by the State, including through a health information exchange or other public health data sharing entity, the following information: (A) With respect to each such designated provider, team of health care professionals operating with such a provider, and health team (designated as a maternity health home), the name, National Provider Identification number, address, and specific health care services offered to be provided to eligible women who have selected such provider, team of health care professionals, or health team as the women's maternity health home. (B) Information on all applicable measures for determining the quality of services provided by such provider, team of health care professionals, or health team, including, to the extent applicable, maternal and perinatal health quality measures under section 1139B. (C) Such other information as the Secretary shall specify in guidance. (2) State reporting requirements (A) Comprehensive report A State with a State plan amendment approved under this section shall report to the Secretary (and, upon request, to the Medicaid and CHIP Payment and Access Commission), at such time, but at a minimum frequency of every 12 months, and in such form and manner determined by the Secretary to be reasonable and minimally burdensome, including through a health information exchange or other public health data sharing entity, the following information: (i) Information described in paragraph (1). (ii) The number and, to the extent available and while maintaining all relevant protecting privacy and confidentially protections, disaggregated demographic information of eligible women who have enrolled in a maternity health home pursuant to this section. (iii) The number of maternity health homes in the State. (iv) The medical and behavioral health conditions or factors that contribute to severe maternal morbidity among eligible women enrolled in maternity health homes in the State. (v) The extent to which such women receive health care items and services under the State plan before, during, and after the women’s enrollment in such a maternity health home. (vi) Where applicable, mortality data and data for the associated causes of death for eligible women enrolled in a maternity health home under this section, in accordance with subsection (g). For deaths occurring postpartum, such data shall distinguish between deaths occurring up to 42 days postpartum and deaths occurring between 43 days to up to 1 year postpartum. Where applicable, data reported under this clause shall be reported alongside comparable data from a State’s maternal mortality review committee, as established in accordance with section 317K(d) of the Public Health Service Act, for purposes of further identifying and comparing statewide trends in maternal mortality among populations participating in the maternity health home under this section. (B) Implementation report Not later than 18 months after a State has a State plan amendment approved under this section, the State shall submit to the Secretary, and make publicly available on the appropriate State website, a report on how the State is implementing the option established under this section, including through any best practices adopted by the State. (g) Confidentiality A State with a State plan amendment under this section shall establish confidentiality protections for the purposes of subsection (f)(2)(A) to ensure, at a minimum, that there is no disclosure by the State of any identifying information about any specific eligible woman enrolled in a maternity health home or any maternal mortality case, and that all relevant confidentiality and privacy protections, including the requirements under 1902(a)(7)(A), are maintained. (h) Rule of construction Nothing in this section shall be construed to require— (1) an eligible woman to enroll in a maternity health home under this section; or (2) a designated provider or health team to act as a maternity health home and provide services in accordance with this section if the provider or health team does not voluntarily agree to act as a maternity health home. (i) Planning grants (1) In general Beginning October 1, 2022, from the amount appropriated under paragraph (2), the Secretary shall award planning grants to States for purposes of developing and submitting a State plan amendment under this section. The Secretary shall award a grant to each State that applies for a grant under this subsection, but the Secretary may determine the amount of the grant based on the merits of the application and the goal of the State to prioritize health outcomes for eligible women. A planning grant awarded to a State under this subsection shall remain available until expended. (2) Appropriation There are authorized to be appropriated to the Secretary $50,000,000 for the period of fiscal years 2021 through 2022, for the purposes of making grants under this subsection, to remain available until expended. (3) Limitation The total amount of payments made to States under this subsection shall not exceed $50,000,000. (j) Additional definitions In this section: (1) Designated provider The term designated provider means a physician (including an obstetrician-gynecologist), hospital, clinical practice or clinical group practice, a medicaid managed care organization, as defined in section 1903(m)(1)(A), a prepaid inpatient health plan, as defined in section 438.2 of title 42, Code of Federal Regulations (or any successor regulation), a prepaid ambulatory health plan, as defined in such section (or any successor regulation), rural clinic, community health center, community mental health center, or any other entity or provider that is determined by the State and approved by the Secretary to be qualified to be a maternity health home on the basis of documentation evidencing that the entity has the systems, expertise, and infrastructure in place to provide pregnancy and postpartum coordinated care services. Such term may include providers who are employed by, or affiliated with, a hospital. (2) Maternity health home The term maternity health home means a designated provider (including a provider that operates in coordination with a team of health care professionals) or a health team is selected by an eligible woman to provide pregnancy and postpartum coordinated care services. (3) Health team The term health team has the meaning given such term for purposes of section 3502 of Public Law 111–148 . (4) Pregnancy and postpartum coordinated care services (A) In general The term pregnancy and postpartum coordinated care services means items and services related to the coordination of care for comprehensive and timely high-quality, culturally and linguistically appropriate, services described in subparagraph (B) that are provided to an eligible woman by a designated provider, a team of health care professionals operating with such a provider, or a health team (designated as a maternity health home). (B) Services described (i) In general The services described in this subparagraph shall include with respect to a State electing the State plan amendment option under this section, any medical assistance for items and services for which payment is available under the State plan or under a waiver of such plan. (ii) Other items and services In addition to medical assistance described in clause (i), the services described in this subparagraph shall include the following: (I) Comprehensive care management. (II) Care coordination (including with pediatricians as appropriate), health promotion, and providing access to the full range of maternal, obstetric, and gynecologic services, including services from out-of-State providers. (III) Comprehensive transitional care, including appropriate follow-up, from inpatient to other settings. (IV) Patient and family support (including authorized representatives). (V) Referrals to community and social support services, if relevant. (VI) Use of health information technology to link services, as feasible and appropriate. (5) Team of health care professionals The term team of health care professionals means a team of health care professionals (as described in the State plan amendment under this section) that may— (A) include— (i) physicians, including gynecologist-obstetricians, pediatricians, and other professionals such as physicians assistants, advance practice nurses, including certified nurse midwives, nurses, nurse care coordinators, dietitians, nutritionists, social workers, behavioral health professionals, physical counselors, physical therapists, occupational therapists, or any professionals that assist in prenatal care, delivery, or postpartum care for which medical assistance is available under the State plan or a waiver of such plan and determined to be appropriate by the State and approved by the Secretary; (ii) an entity or individual who is designated to coordinate such care delivered by the team; and (iii) when appropriate and if otherwise eligible to furnish items and services that are reimbursable as medical assistance under the State plan or under a waiver of such plan, doulas, community health workers, translators and interpreters, and other individuals with culturally appropriate and trauma-informed expertise; and (B) provide care at a facility that is freestanding, virtual, or based at a hospital, community health center, community mental health center, rural clinic, clinical practice or clinical group practice, academic health center, or any entity determined to be appropriate by the State and approved by the Secretary. . | https://www.govinfo.gov/content/pkg/BILLS-117s1622is/xml/BILLS-117s1622is.xml |
117-s-1623 | II 117th CONGRESS 1st Session S. 1623 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Menendez (for himself, Mr. Booker , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title I of the Patient Protection and Affordable Care Act to provide for additional grants for States to conduct activities related to establishing American Health Benefit Exchanges.
1. Short title This Act may be cited as the State Allowance for a Variety of Exchanges Act of 2021 or the SAVE Act of 2021 . 2. Preserving State option to implement health care Marketplaces (a) In general Section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ) is amended— (1) in subsection (a)— (A) in paragraph (4)(B), by striking under this subsection and inserting under this paragraph or paragraph (1) ; and (B) by adding at the end the following new paragraph: (6) Additional planning and establishment grants (A) In general There shall be appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, $200,000,000 to award grants to eligible States for the uses described in paragraph (3). (B) Duration and renewability A grant awarded under subparagraph (A) shall be for a period of 2 years and may not be renewed. (C) Limitation A grant may not be awarded under subparagraph (A) after December 31, 2024. (D) Eligible State defined For purposes of this paragraph, the term eligible State means a State that, as of January 1, 2019, was not operating an Exchange (other than an Exchange described in section 155.200(f) of title 45, Code of Federal Regulations, as in effect on such date). ; and (2) in subsection (d)(5)(A)— (A) by striking operations.— In establishing an Exchange under this section and inserting operations.— (i) In general In establishing an Exchange under this section (other than in establishing an Exchange with respect to which a grant is awarded under subsection (a)(6)) ; and (B) by adding at the end the following: (ii) Additional planning and establishment grants In establishing an Exchange with respect to which a grant is awarded under subsection (a)(6), the State shall ensure that such Exchange is self-sustaining beginning on January 1, 2026, including allowing the Exchange to charge assessments or user fees to participating health insurance issuers, or to otherwise generate funding, to support its operations. . (b) Clarification regarding failure To establish Exchange or implement requirements Section 1321(c) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18041(c) ) is amended— (1) in paragraph (1), by striking If and inserting Subject to paragraph (3), if ; and (2) by adding at the end the following new paragraph: (3) Clarification This subsection shall not apply in the case of a State that elects to apply the requirements described in subsection (a) and satisfies the requirement described in subsection (b) on or after January 1, 2014. . | https://www.govinfo.gov/content/pkg/BILLS-117s1623is/xml/BILLS-117s1623is.xml |
117-s-1624 | II 117th CONGRESS 1st Session S. 1624 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Luján introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of Energy to establish a National Laboratory Biotechnology Program to address biotechnology threats, and for other purposes.
1. Short title This Act may be cited as the National Laboratory Biotechnology Research Act of 2021 . 2. Definitions In this Act: (1) Department The term Department means the Department of Energy. (2) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (3) NNSA The term NNSA means the National Nuclear Security Administration. (4) Office The term Office means the joint program office established under section 3(b). (5) Office of Intelligence and Counterintelligence The term Office of Intelligence and Counterintelligence means the Office of Intelligence and Counterintelligence of the Department. (6) Office of Science The term Office of Science means the Office of Science of the Department. (7) Program The term Program means the National Laboratory Biotechnology Program established under section 3(a). (8) Secretary The term Secretary means the Secretary of Energy. 3. National Laboratory Biotechnology Program (a) In general The Secretary shall establish a National Laboratory Biotechnology Program to integrate the resources of the Department, including the Office of Science, the Office of Intelligence and Counterintelligence, and the NNSA, to provide research, development, test and evaluation, and response capabilities to respond to— (1) long-term biotechnology threats facing the United States; and (2) any remaining threats posed by COVID–19. (b) Joint program office To carry out the Program, the Secretary shall establish a joint program office, which shall comprise appropriate leadership from the Office of Science, the NNSA, and the National Laboratories. (c) Functions The Office shall— (1) oversee the development and operation of major research activities of the Program; (2) periodically review and recommend updates as necessary to Program policies and guidelines for the development and operation of major research activities; (3) collaborate with the directors of research directorates of the Department, directors of National Laboratories, and other senior Department officials, as appropriate, to gain greater access to top researchers and new and potentially transformative ideas; (4) enable access to broad scientific and technical expertise and resources that will lead to the deployment of innovative products, including through— (A) research and development, including proof of concept, technical development, and compliance testing activities; and (B) early-stage product development, including through— (i) computational modeling and simulation; (ii) molecular structural determination; (iii) genomic sequencing; (iv) epidemiological and logistics support; (v) knowledge discovery infrastructure and scalable protected data; (vi) advanced manufacturing to address supply chain bottlenecks; (vii) new capabilities for testing of clinical and nonclinical samples; (viii) understanding environmental fate and transport of viruses; and (ix) discovery of potential therapeutics through computation and molecular structure determination; (5) provide access to user facilities with advanced or unique equipment, services, materials, and other resources to perform research and testing; (6) support technology transfer and related activities; and (7) promote access and development across the Federal Government and to United States industry, including startup companies, of early applications of the technologies, innovations, and expertise beneficial to the public that are derived from Program activities. (d) Biodefense expertise (1) In general In carrying out the Program, the Office shall support research that harnesses the capabilities of the National Laboratories to address advanced biological threats of national security significance through assessments and research and development programs that— (A) support the near- and long-term biodefense needs of the United States; (B) support the national security community in reducing uncertainty and risk; (C) enable greater access to top researchers and new and potentially transformative ideas for biodefense of human, animal, plant, environment, and infrastructure assets (including physical, cyber, and economic infrastructure); and (D) enable access to broad scientific and technical expertise and resources that will lead to the development and deployment of innovative biodefense assessments and solutions, including through— (i) the accessing, monitoring, and evaluation of biological threats to reduce risk, including through analysis and prioritization of gaps and vulnerabilities across open-source and classified data; (ii) development of scientific and technical roadmaps— (I) to address gaps and vulnerabilities; (II) to inform analyses of technologies; and (III) to accelerate the application of unclassified research to classified applications; and (iii) demonstration activities to enable deployment, including— (I) threat signature development and validation; (II) automated anomaly detection using artificial intelligence and machine learning; (III) fate and transport dynamics for priority scenarios; (IV) data curation, access, storage, and security at scale; and (V) risk assessment tools. (2) Resources The Secretary shall ensure that the Office is provided and uses sufficient resources to carry out paragraph (1). (e) Strengthening institutional research and private partnerships (1) In general The Office shall, to the maximum extent practicable, promote cooperative research and development activities under the Program, including collaboration between appropriate industry and academic institutions to promote innovation and knowledge creation. (2) Accessibility of information The Office shall develop, maintain, and publicize information on scientific user facilities and capabilities supported by laboratories of the Department for combating biotechnology threats, which shall be accessible for use by individuals from academic institutions and industry. (3) Academic participation The Office shall, to the maximum extent practicable— (A) conduct outreach about internship opportunities relating to activities under the Program primarily to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) and minority-serving institutions of higher education; (B) encourage the development of research collaborations between research-intensive universities and the institutions described in subparagraph (A); and (C) provide traineeships at the institutions described in subparagraph (A) to graduate students who pursue a masters or doctoral degree in an academic field relevant to research advanced under the Program. (f) Evaluation and plan (1) In general Not less frequently than biennially, the Secretary shall— (A) evaluate the activities carried out under the Program; and (B) develop a strategic research plan under the Program, which shall be made publicly available and submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives. (2) Classified information If the strategic research plan developed under paragraph (1)(B) contains classified information, the plan— (A) shall be made publicly available and submitted to the committees of Congress described in paragraph (1)(B) in an unclassified format; and (B) may, as part of the submission to those committees of Congress only, include a classified annex containing any sensitive or classified information, as necessary. (g) Interagency collaboration The Office may collaborate with the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Defense, and the heads of other appropriate Federal departments and agencies to advance biotechnology research and development under the Program. (h) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section, to remain available until expended— (1) $30,000,000 for fiscal year 2022; (2) $40,000,000 for fiscal year 2023; (3) $45,000,000 for fiscal year 2024; and (4) $50,000,000 for each of fiscal years 2025 and 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1624is/xml/BILLS-117s1624is.xml |
117-s-1625 | II 117th CONGRESS 1st Session S. 1625 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Cramer (for himself and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize notaries public to perform, and to establish minimum standards for, electronic notarizations and remote notarizations that occur in or affect interstate commerce, to require any Federal court to recognize notarizations performed by a notarial officer of any State, to require any State to recognize notarizations performed by a notarial officer of any other State when the notarization was performed under or relates to a public Act, record, or judicial proceeding of the notarial officer’s State or when the notarization occurs in or affects interstate commerce, and for other purposes.
1. Short title This Act may be cited as the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2021 . 2. Definitions In this Act: (1) Communication technology The term communication technology , with respect to a notarization, means an electronic device or process that allows the notary public performing the notarization and a remotely located individual to communicate with each other simultaneously by sight and sound during the notarization. (2) Electronic; electronic record; electronic signature; information; person; record The terms electronic , electronic record , electronic signature , information , person , and record have the meanings given those terms in section 106 of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7006 ). (3) Law The term law includes any statute, regulation, rule, or rule of law. (4) Notarial officer The term notarial officer means— (A) a notary public; or (B) any other individual authorized to perform a notarization under the laws of a State without a commission or appointment as a notary public. (5) Notarial officer’s State; notary public’s State The term notarial officer’s State or notary public’s State means the State in which a notarial officer, or a notary public, as applicable, is authorized to perform a notarization. (6) Notarization The term notarization — (A) means any act that a notarial officer may perform under— (i) Federal law, including this Act; or (ii) the laws of the notarial officer's State; and (B) includes any act described in subparagraph (A) and performed by a notarial officer— (i) with respect to— (I) a tangible record; or (II) an electronic record; and (ii) for— (I) an individual in the physical presence of the notarial officer; or (II) a remotely located individual. (7) Notary public The term notary public means an individual commissioned or appointed as a notary public to perform a notarization under the laws of a State. (8) Personal knowledge The term personal knowledge , with respect to the identity of an individual, means knowledge of the identity of the individual through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (9) Remotely located individual The term remotely located individual , with respect to a notarization, means an individual who is not in the physical presence of the notarial officer performing the notarization. (10) Requirement The term requirement includes a duty, a standard of care, and a prohibition. (11) Signature The term signature means— (A) an electronic signature; or (B) a tangible symbol executed or adopted by a person and evidencing the present intent to authenticate or adopt a record. (12) Simultaneously The term simultaneously , with respect to a communication between parties— (A) means that each party communicates substantially simultaneously and without unreasonable interruption or disconnection; and (B) includes any reasonably short delay that is inherent in, or common with respect to, the method used for the communication. (13) State The term State — (A) means— (i) any State of the United States; (ii) the District of Columbia; (iii) the Commonwealth of Puerto Rico; (iv) any territory or possession of the United States; and (v) any federally recognized Indian Tribe; and (B) includes any executive, legislative, or judicial agency, court, department, board, office, clerk, recorder, register, registrar, commission, authority, institution, instrumentality, county, municipality, or other political subdivision of an entity described in any of clauses (i) through (v) of subparagraph (A). 3. Authorization to perform and minimum standards for electronic notarization (a) Authorization Unless prohibited under section 10, and subject to subsection (b), a notary public may perform a notarization that occurs in or affects interstate commerce with respect to an electronic record. (b) Requirements of electronic notarization If a notary public performs a notarization under subsection (a), the following requirements shall apply with respect to the notarization: (1) The electronic signature of the notary public, and all other information required to be included under other applicable law, shall be attached to or logically associated with the electronic record. (2) The electronic signature and other information described in paragraph (1) shall be bound to the electronic record in a manner that renders any subsequent change or modification to the electronic record evident. 4. Authorization to perform and minimum standards for remote notarization (a) Authorization Unless prohibited under section 10, and subject to subsection (b), a notary public may perform a notarization that occurs in or affects interstate commerce for a remotely located individual. (b) Requirements of remote notarization If a notary public performs a notarization under subsection (a), the following requirements shall apply with respect to the notarization: (1) The remotely located individual shall appear personally before the notary public at the time of the notarization by using communication technology. (2) The notary public shall— (A) reasonably identify the remotely located individual— (i) through personal knowledge of the identity of the remotely located individual; or (ii) by obtaining satisfactory evidence of the identity of the remotely located individual by— (I) using not fewer than 2 distinct types of processes or services through which a third person provides a means to verify the identity of the remotely located individual through a review of public or private data sources; or (II) oath or affirmation of a credible witness who— (aa) (AA) is in the physical presence of the notary public or the remotely located individual; or (BB) appears personally before the notary public and the remotely located individual by using communication technology; (bb) has personal knowledge of the identity of the remotely located individual; and (cc) has been identified by the notary public under clause (i) or subclause (I) of this clause; (B) either directly or through an agent— (i) create an audio and visual recording of the performance of the notarization; and (ii) notwithstanding any resignation from, or revocation, suspension, or termination of, the notary public’s commission or appointment, retain the recording created under clause (i) as a notarial record— (I) for a period of not less than— (aa) if an applicable law of the notary public’s State specifies a period of retention, the greater of— (AA) that specified period; or (BB) 5 years after the date on which the recording is created; or (bb) if no applicable law of the notary public’s State specifies a period of retention, 10 years after the date on which the recording is created; and (II) if any applicable law of the notary public’s State govern the content, manner or place of retention, security, use, effect, or disclosure of such recording or any information contained in the recording, in accordance with those laws; and (C) if the notarization is performed with respect to a tangible or electronic record, take reasonable steps to confirm that the record before the notary public is the same record with respect to which the remotely located individual made a statement or on which the individual executed a signature. (3) If a guardian, conservator, executor, personal representative, administrator, or similar fiduciary or successor is appointed for or on behalf of a notary public or a deceased notary public under applicable law, that person shall retain the recording under paragraph (2)(B)(ii), unless— (A) another person is obligated to retain the recording under applicable law of the notary public’s State; or (B) (i) under applicable law of the notary public’s State, that person may transmit the recording to an office, archive, or repository approved or designated by the State; and (ii) that person transmits the recording to the office, archive, or repository described in clause (i) in accordance with applicable law of the notary public’s State. (4) If the remotely located individual is physically located outside the geographic boundaries of a State, or is otherwise physically located in a location that is not subject to the jurisdiction of the United States, at the time of the notarization— (A) the record shall— (i) be intended for filing with, or relate to a matter before, a court, governmental entity, public official, or other entity that is subject to the jurisdiction of the United States; or (ii) involve property located in the territorial jurisdiction of the United States or a transaction substantially connected to the United States; and (B) the act of making the statement or signing the record may not be prohibited by a law of the jurisdiction in which the individual is physically located. (c) Personal appearance satisfied If a State or Federal law requires an individual to appear personally before or be in the physical presence of a notary public at the time of a notarization, that requirement shall be considered to be satisfied if— (1) the individual— (A) is a remotely located individual; and (B) appears personally before the notary public at the time of the notarization by using communication technology; and (2) (A) the notarization was performed under or relates to a public act, record, or judicial proceeding of the notary public’s State; or (B) the notarization occurs in or affects interstate commerce. 5. Recognition of notarizations in Federal court (a) Recognition of validity Each court of the United States shall recognize as valid under the State or Federal law applicable in a judicial proceeding before the court any notarization performed by a notarial officer of any State if the notarization is valid under the laws of the notarial officer’s State or under this Act. (b) Legal effect of recognized notarization A notarization recognized under subsection (a) shall have the same effect under the State or Federal law applicable in the applicable judicial proceeding as if that notarization was validly performed— (1) (A) by a notarial officer of the State, the law of which is applicable in the proceeding; or (B) under this Act or other Federal law; and (2) without regard to whether the notarization was performed— (A) with respect to— (i) a tangible record; or (ii) an electronic record; or (B) for— (i) an individual in the physical presence of the notarial officer; or (ii) a remotely located individual. (c) Presumption of genuineness In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of an individual performing the notarization shall be prima facie evidence in any court of the United States that the signature of the individual is genuine and that the individual holds the designated title. (d) Conclusive evidence of authority In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of the following notarial officers of a State shall conclusively establish the authority of the officer to perform the notarization: (1) A notary public of that State. (2) A judge, clerk, or deputy clerk of a court of that State. 6. Recognition by state of notarizations performed under authority of another State (a) Recognition of validity Each State shall recognize as valid under the laws of that State any notarization performed by a notarial officer of any other State if— (1) the notarization is valid under the laws of the notarial officer’s State or under this Act; and (2) (A) the notarization was performed under or relates to a public act, record, or judicial proceeding of the notarial officer’s State; or (B) the notarization occurs in or affects interstate commerce. (b) Legal effect of recognized notarization A notarization recognized under subsection (a) shall have the same effect under the laws of the recognizing State as if that notarization was validly performed by a notarial officer of the recognizing State, without regard to whether the notarization was performed— (1) with respect to— (A) a tangible record; or (B) an electronic record; or (2) for— (A) an individual in the physical presence of the notarial officer; or (B) a remotely located individual. (c) Presumption of genuineness In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of an individual performing a notarization shall be prima facie evidence in any State court or judicial proceeding that the signature is genuine and that the individual holds the designated title. (d) Conclusive evidence of authority In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of the following notarial officers of a State conclusively establish the authority of the officer to perform the notarization: (1) A notary public of that State. (2) A judge, clerk, or deputy clerk of a court of that State. 7. Electronic and remote notarization not required Nothing in this Act may be construed to require a notary public to perform a notarization— (1) with respect to an electronic record; (2) for a remotely located individual; or (3) using a technology that the notary public has not selected. 8. Validity of notarizations; rights of aggrieved persons not affected; State laws on the practice of law not affected (a) Validity not affected The failure of a notary public to meet a requirement under section 3 or 4 in the performance of a notarization, or the failure of a notarization to conform to a requirement under section 3 or 4, shall not invalidate or impair the recognition of the notarization. (b) Rights of aggrieved persons The validity and recognition of a notarization under this Act may not be construed to prevent an aggrieved person from seeking to invalidate a record or transaction that is the subject of a notarization or from seeking other remedies based on State or Federal law other than this Act for any reason not specified in this Act, including on the basis— (1) that a person did not, with present intent to authenticate or adopt a record, execute a signature on the record; (2) that an individual was incompetent, lacked authority or capacity to authenticate or adopt a record, or did not knowingly and voluntarily authenticate or adopt a record; or (3) of fraud, forgery, mistake, misrepresentation, impersonation, duress, undue influence, or other invalidating cause. (c) Rule of construction Nothing in this Act may be construed to affect a State law governing, authorizing, or prohibiting the practice of law. 9. Exception to preemption (a) In general A State law may modify, limit, or supersede the provisions of section 3, or subsections (a) or (b) of section 4, with respect to State law only if that State law— (1) either— (A) constitutes an enactment or adoption of the Revised Uniform Law on Notarial Acts, as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 2018, except that a modification to such Law enacted or adopted by a State shall be preempted to the extent such modification— (i) is inconsistent with a provision of section 3 or subsections (a) or (b) of section 4, as applicable; or (ii) would not be permitted under subparagraph (B); or (B) specifies additional or alternative procedures or requirements for the performance of notarizations with respect to electronic records or for remotely located individuals, if those additional or alternative procedures or requirements— (i) are consistent with section 3 and subsections (a) and (b) of section 4; and (ii) do not accord greater legal effect to the implementation or application of a specific technology or technical specification for performing those notarizations; and (2) requires the retention of an audio and visual recording of the performance of a notarization for a remotely located individual for a period of not less than 5 years after the recording is created. (b) Rule of construction Nothing in section 5 or 6 may be construed to preclude the recognition of a notarization under applicable State law, regardless of whether such State law is consistent with section 5 or 6. 10. Standard of care; special notarial commissions (a) State standards of care; authority of State regulatory officials Nothing in this Act may be construed to prevent a State, or a notarial regulatory official of a State, from— (1) adopting a requirement in this Act as a duty or standard of care under the laws of that State or sanctioning a notary public for breach of such a duty or standard of care; (2) establishing requirements and qualifications for, or denying, refusing to renew, revoking, suspending, or imposing a condition on, a commission or appointment as a notary public; (3) creating or designating a class or type of commission or appointment, or requiring an endorsement or other authorization to be received by a notary public, as a condition on the authority to perform notarizations with respect to electronic records or for remotely located individuals; or (4) prohibiting a notary public from performing a notarization under section 3 or 4 as a sanction for a breach of duty or standard of care or for official misconduct. (b) Special commissions or authorizations created by a State; sanction for breach or official misconduct A notary public may not perform a notarization under section 3 or 4 if— (1) (A) the notary public’s State has enacted a law that creates or designates a class or type of commission or appointment, or requires an endorsement or other authorization to be received by a notary public, as a condition on the authority to perform notarizations with respect to electronic records or for remotely located individuals; and (B) the commission or appointment of the notary public is not of the class or type or the notary public has not received the endorsement or other authorization; or (2) the notarial regulatory official of the notary public’s State has prohibited the notary public from performing the notarization as a sanction for a breach of duty or standard of care or for official misconduct. 11. Severability If any provision of this Act or the application of such provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act and the application of the provisions thereof to other persons or circumstances shall not be affected by that holding. | https://www.govinfo.gov/content/pkg/BILLS-117s1625is/xml/BILLS-117s1625is.xml |
117-s-1626 | II 117th CONGRESS 1st Session S. 1626 IN THE SENATE OF THE UNITED STATES May 13, 2021 Ms. Smith (for herself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To award career pathways innovation grants to local educational agencies and consortia of local educational agencies, to provide technical assistance within the Office of Career, Technical, and Adult Education to administer the grants and support the local educational agencies with the preparation of grant applications and management of grant funds, to amend the Higher Education Act of 1965 to support community college and industry partnerships, and for other purposes.
1. Short title This Act may be cited as the 21st Century Workforce Partnerships Act . 2. Definitions In this Act: (1) ESEA definitions The terms elementary school , high school , local educational agency , middle grades , and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Business or industry partner The term business or industry partner means— (A) a business; (B) an industry or sector partnership, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); (C) an association of multiple businesses or other employers in an in-demand industry sector or occupation, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); (D) a community partner; (E) an intermediary organization; or (F) a labor management training partnership. (3) Career pathway The term career pathway has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (4) Community partner The term community partner means a nonprofit organization or a State, local, or tribal government entity that has expertise— (A) in the planning and delivery of education, career training, and related programs; (B) in forging coordination and cooperation between educators and other members of the community; (C) in training educators and other deliverers of educational services; (D) in development and implementation of data systems that measure the progress of students, schools, and institutions of higher education, or career pathways programs; or (E) in delivering an increase in earnings, family incomes, or family resources. (5) Eligible agency The term eligible agency means— (A) a local educational agency; (B) a consortium of local educational agencies or an agent operating on behalf of the consortium; or (C) a school operated or funded by the Bureau of Indian Education. (6) Indian The term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) 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 ). (8) Intermediary organization The term intermediary organization means a nonprofit organization that has expertise in training, forging public-private partnerships, systems development, capacity-building, improving scalability, and evaluation. (9) Labor management training partnership The term labor management training partnership means an independent organization jointly controlled by employers and unions that supports workforce training and development. (10) Native Hawaiian The term Native Hawaiian has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ). (11) Program of study The term program of study means a State approved career and technical education program of courses that articulates between secondary and postsecondary school. (12) Registered apprenticeship program The term registered apprenticeship program means a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (13) School partnership The term school partnership means a partnership that— (A) shall include, at a minimum— (i) an eligible agency; and (ii) one or more business or industry partners; and (B) may also include one or more of the following partners: (i) A community-based organization. (ii) A joint labor-management partnership. (iii) An institution of higher education. (iv) A State board or local board (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )). (v) An apprenticeship college that— (I) is not eligible to receive funds under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.); (II) is an institution that provides instruction related to a registered apprenticeship program or is a sponsor of a registered apprenticeship program; and (III) meets the requirements of subsection (a) or (b) of section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (vi) Any other entity that the Secretary, after consultation with the Secretary of Labor, considers appropriate. (14) Secretary The term Secretary means the Secretary of Education. 3. Secondary school to career pathways innovation grant program (a) Career pathways innovation grant program established (1) In general From amounts made available to carry out this section, the Secretary, after consultation with the Secretary of Labor, shall establish a career pathways innovation grant program, through which the Secretary shall award grants, on a competitive basis, to eligible agencies for the purpose of addressing the specialized skill needs of business and industry by carrying out programs of study or career pathways programs, featuring school partnerships, that support career pathways in high school or career exploration in the middle grades, leading to higher subsequent employment and job quality. (2) Duration A grant awarded under this section— (A) shall be for a period of 3 years; and (B) may be renewed for one additional 2-year period, if the eligible agency demonstrates sufficient progress in achieving the goals of the initial grant. (b) Application (1) In general An eligible agency 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; partnership agreement The application submitted under paragraph (1) shall include— (A) an initial partnership agreement, entered into by the eligible agency and all members of the school partnership, that— (i) specifies the duties and responsibilities of each partner; (ii) describes the commitment of resources or materials to be provided by each partner toward the school partnership, ensuring that the business or industry partners in the school partnership provide an amount of resources, in cash or in-kind, toward the activities supported under the grant that equals or exceeds the amount contributed by the eligible agency and the amount to be provided by the grant under this section; and (iii) describes how the overall goals of the school partnership align with any statewide, regional, or local workforce development strategies in existence at the time of the application, including those established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq.) or the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.); (B) a description of how the eligible agency and members of the school partnership will collaborate to ensure the quality of the career pathways program offered under the grant, including any program that leads to an industry-recognized credential or postsecondary credit leading to a degree or certification in a career pathway; (C) identification of the goals and measures used to define progress toward student outcomes, which may align with existing goals and measurement provided under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.), and the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq.); and (D) a strategic plan describing the role and activities of the eligible agency and all members of the school partnership in supporting how the program will be sustained following the end of the grant. (3) Methods that measure job quality The application submitted under paragraph (1) may include a description of how the school partnership will experiment with methods that measure job quality. (c) Award basis In awarding grants under this section, the Secretary shall— (1) ensure that, to the extent practicable based on the applications received under subsection (b)— (A) not less than 15 percent of the grant funds available to carry out this section are awarded to rural eligible agencies; and (B) not less than 5 percent of the grant funds available to carry out this section are awarded to eligible agencies that serve a substantial percentage of Indian or Native Hawaiian children; and (2) except to the extent necessary to comply with paragraph (1), give priority to— (A) any eligible agency whose school partnership includes an institution of higher education offering postsecondary credits, or an entity offering a registered apprenticeship program that is articulated through secondary school programming counting towards the registered apprenticeship requirements, through the career pathways program under the grant; (B) any eligible agency whose career pathways program— (i) in a high school, offers concurrent enrollment opportunities for postsecondary credit; or (ii) leads to a recognized postsecondary credential, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (C) any eligible agency whose career pathways programs are focused on serving low-income students (defined as eligible for benefits under 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.)), out-of-school youth, students with disabilities, students experiencing homelessness, students who are English language learners, students who have low levels of literacy, or youth who are in or have aged out of the foster care system. (d) Use of funds (1) Required use of funds An eligible agency receiving grant funds under this section shall use grant funds to build or expand a career pathways program featuring school partnerships that supports career pathways in high school or career exploration in the middle grades. (2) Permissive use of funds An eligible agency receiving grant funds under this section may use grant funds either during or outside of the school day or school year— (A) to hire a designated career pathways partnership coordinator to seek out and build relationships with business or industry partners to foster and manage the school partnerships supported under the grant; (B) for the costs of new equipment, infrastructure (such as facilities, technology, and staffing), or transportation related to the career pathways program; (C) to recruit, or assist with State licensure and credential requirements, career and technical education teachers, and others implementing career pathways programs; (D) to train or support the professional development of career and technical education teachers, and others implementing career pathways programs, including providing externship opportunities for educators to spend time in industry; (E) for youth apprenticeship, pre-apprenticeship training, internship, or experiential learning opportunities; (F) to provide, as part of the career pathways program, coursework that awards postsecondary credit at no cost to high school students; (G) to support development of curricula that offer industry-recognized credentials; and (H) to experiment with methods that measure job quality. (e) Requirements (1) Matching funds An eligible agency that receives a grant under this section shall provide, toward the cost of the activities assisted under the grant and from non-Federal sources, an amount equal to or greater than the amount of the grant. Such matching amount may be in cash or in-kind (including leveraged staff time) and shall include support from business or industry partners of a school partnership in accordance with the partnership agreement described in subsection (b)(2). (2) Participation of business or industry partner In any case where a business or industry partner included in an initial partnership agreement described in subsection (b)(2)(A) withdraws from a school partnership supported under a grant under this section, the eligible agency shall notify the Secretary immediately of the withdrawal and of the eligible agency's plan for obtaining a comparable business or industry partner. (f) Reports (1) Eligible agency reports (A) Interim reports By not later than 18 months after receiving a grant under this section, the eligible agency shall submit a report to the Secretary demonstrating that the eligible agency is achieving sufficient progress toward the goals of the grant. (B) Final reports Each eligible agency receiving a grant under this section shall prepare and submit to the Secretary a final report regarding the use of funds for the grant, including the outcomes of the activities assisted under the grant, by not later than 90 days after the end of the grant period. (2) Secretary reports The Secretary shall prepare and submit to Congress, on an annual basis, a report regarding the grant program under this section that includes a summary of the reports received under paragraph (1) during the preceding year and the outcomes resulting from the use of grant funds. 4. Career pathways technical assistance (a) In general The Secretary, acting through the Assistant Secretary of Career, Technical, and Adult Education, shall— (1) administer and manage the career pathways innovation grants awarded under section 3; (2) provide technical assistance to eligible agencies preparing grant applications under section 3(b); and (3) support career pathways partnership coordinators, or other personnel of eligible agencies that have received a grant under section 3, in order to ensure that— (A) the eligible agency participates in the required school partnership; and (B) the grant results in positive program outcomes. (b) Designated personnel for rural and native-Serving applications The Secretary shall designate not less than 1 employee of the Office of Career, Technical, and Adult Education who will exclusively support rural and native-serving eligible agencies with the preparation of grant applications under section 3(b) and the development of school partnerships necessary to apply for and implement a grant under section 3. 5. College to Career Pathways Innovation Grant Program Title III of the Higher Education Act of 1965 ( 20 U.S.C. 1051 et seq.) is amended by adding at the end the following: H College to Career Pathways Innovation Grant Program 399A. College and industry partnerships program (a) Grants authorized Not later than the end of the first full fiscal year after the date of enactment of the 21st Century Workforce Partnerships Act , from funds appropriated under section 399B, the Secretary (in coordination with the Secretary of Labor) shall award competitive grants to eligible entities described in subsection (b) for the purpose of developing, offering, improving, and providing educational or career training programs for students, including working students. The grants shall be awarded for periods of 3 years and may be renewed for 1 additional 2-year period, if the eligible entity demonstrates sufficient progress in achieving the goals of the initial grant period. (b) Eligible entity (1) Partnerships with employers or an employer or industry partnership (A) General definition For purposes of this section, an eligible entity means any of the entities described in subparagraph (B) (or a consortium of any of such entities) in partnership with employers or an employer or industry partnership representing multiple employers. (B) Description of entities The entities described in this subparagraph are— (i) a community college; (ii) a 4-year public institution of higher education (as defined in section 101(a)) that offers 2-year degrees, and that will use funds provided under this section for activities at the certificate and associate degree levels; (iii) a Tribal College or University (as defined in section 316(b)); (iv) an apprenticeship college (as defined as an institution partnership that is 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.) and is an institution of higher education (as defined in section 101(a))); or (v) a public or private nonprofit, 2-year institution of higher education (as defined in section 102) in the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (2) Additional partners (A) Authorization of additional partners In addition to partnering with employers or an employer or industry partnership representing multiple employers as described in paragraph (1)(A), an entity described in paragraph (1) may include in the partnership described in paragraph (1) one or more of the organizations described in subparagraph (B). Each eligible entity that includes one or more such organizations shall collaborate with the State board or local board in the area served by the eligible entity. (B) Organizations The organizations described in this subparagraph are as follows: (i) A provider of adult education (as defined in section 203 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3272 )) or an institution of higher education (as defined in section 101). (ii) A community-based organization. (iii) A joint labor-management partnership. (iv) A State board or local board. (v) A State higher education board. (vi) An elementary school or secondary school, as defined in section 8101 of the Elementary and Secondary Education Act of 1965. (vii) Any other organization that the Secretaries consider appropriate. (c) Educational or career training program For purposes of this section, the Governor of the State in which at least one of the entities described in subsection (b)(1)(B) of an eligible entity is located shall establish criteria for an educational or career training program leading to a recognized postsecondary credential that leads to higher subsequent employment and job quality for which an eligible entity submits a grant proposal under subsection (d). (d) Application An eligible entity seeking a grant under this section shall submit an application containing a grant proposal, for an educational or career training program leading to a recognized postsecondary credential, to the Secretaries at such time and containing such information as the Secretaries determine is required, including— (1) a detailed description of— (A) the extent to which the educational or career training program described in the grant proposal aligns with— (i) an overall strategic plan developed by the eligible entity or entities; (ii) a statewide, regional, or local workforce development plan in existence at the time of the application, including a plan established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq.) or the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.); (iii) in-demand industry sectors or occupations, as defined by the State or designated governing board, as appropriate, or postsecondary credit leading to a degree or certification in a career pathway; and (iv) goals and measurement used to define progress toward student outcomes in existence on the date of submission, which may align with the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.), and the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq.); (B) the extent to which the program will meet the needs of employers in the area for skilled workers in in-demand industry sectors or occupations; (C) the extent to which the program will meet the educational or career training needs of students in the area; (D) the specific educational or career training program and how the program meets the criteria established under subsection (e), including the manner in which the grant will be used to develop, offer, improve, and provide the educational or career training program; (E) any previous experience of the eligible entity in providing educational or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section; (F) how the program leading to the credential meets the criteria described in subsection (c); and (G) how attaining the credential will help participants reach higher subsequent employment and job quality; and (2) a detailed plan on how the entity will ensure that the program will meet the performance measures described in subsection (g), and an assurance that the entity will annually submit to the Secretary information on the performance of the program on the performance measures described in subsection (g). (e) Criteria for award (1) In general Grants under this section shall be awarded based on criteria established by the Secretaries, that include the following: (A) A determination of the merits of the grant proposal submitted by the eligible entity involved to develop, offer, improve, and provide an educational or career training program to be made available to students. (B) An assessment of the likely employment opportunities available in the area to individuals who complete an educational or career training program that the eligible entity proposes to develop, offer, improve, and provide. (C) An assessment of prior demand for training programs by individuals eligible for training and served by the eligible entity, as well as availability and capacity of existing (as of the date of the assessment) training programs to meet future demand for training programs. (2) Priority In awarding grants under this section, the Secretaries shall give priority to eligible entities that— (A) include a partnership, with employers or an employer or industry partnership, that— (i) pays a portion of the costs of educational or career training programs; (ii) agrees to hire individuals who have attained a recognized postsecondary credential resulting from the educational or career training program of the eligible entity; or (iii) include an educational entity that has sought and received bonding authority to fund partnerships program; (B) enter into a partnership with a labor organization or labor-management training program to provide, through the program, technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skilled occupation in an in-demand industry sector or occupation; (C) are focused on serving individuals with barriers to employment, students who are veterans, spouses of members of the Armed Forces, individuals who are basic-skills deficient, and first-generation college students; (D) include any eligible entities serving areas with high unemployment rates; (E) are eligible entities that include an institution of higher education eligible for assistance under this title or title V; and (F) ensure geographic diversity, including appropriate representation of rural areas. (f) Use of funds Grant funds awarded under this section shall be used for one or more of the following: (1) The development, offering, improvement, and provision of educational or career training programs, that provide relevant job training for skilled occupations, that lead to recognized postsecondary credentials, that will meet the needs of employers in in-demand industry sectors or occupations, and that may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce. (2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential, including a degree, in in-demand industry sectors or occupations, including by— (A) facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study; (B) expanding access to college-level, transferable coursework, which may include coordination related to transfers of credit between institutions or common course numbering or use of a general core curriculum; (C) developing or enhancing student support services programs; and (D) establishing policies and processes for assessing and awarding course credit for work-related learning. (3) The creation of career pathways programs that provide a sequence of education and occupational training that leads to a recognized postsecondary credential, including a degree, including programs that— (A) blend basic skills and occupational training; (B) facilitate means of transitioning participants from non-credit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions; (C) build or enhance linkages, including the development of dual enrollment programs and early college high schools, between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.) and title II of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3271 et seq.)); (D) are innovative programs designed to increase the provision of training for students, including students who are members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors or occupations; (E) support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or occupation, which shall include opportunities that transition individuals into employment; and (F) develop competency-based education programs that offer an outcome-oriented approach through which recognized postsecondary credentials are awarded based on successful demonstration of skills and proficiency. (4) The development and implementation of— (A) a Pay-for-Performance program that leads to a recognized postsecondary credential, for which an eligible entity agrees to be reimbursed under the grant primarily on the basis of achievement of specified performance outcomes and criteria agreed to by the Secretary; or (B) a Pay-for-Success program that leads to a recognized postsecondary credential, for which an eligible entity— (i) enters into a partnership with an investor, such as a philanthropic organization that provides funding for a specific project to address a clear and measurable educational or career training need in the area to be served under the grant; and (ii) agrees to be reimbursed under the grant only if the project achieves specified performance outcomes and criteria agreed to by the Secretary. (5) The development of a multiple measures of job quality dashboard that experiments with different metrics to measure job quality. (g) Performance measures (1) In general The Secretary shall establish performance measures for the programs carried out under this section. (2) Measures The performance measures shall consist of— (A) indicators of performance, including the number of program participants who are in unsubsidized employment during the second quarter after exit from the program; (B) a level of performance for each indicator described in subparagraph (A); and (C) analysis of the income of program participants during the second quarter after exit from the program compared to the distribution of earnings across the workforce in the State and the region during that same time period. (3) Monitoring progress The Secretary shall monitor the progress of eligible entities that receive grants under this section in ensuring that their programs meet the performance measures. 399B. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to carry out the program established by section 399A. Funds appropriated under this subsection shall remain available until the end of the 5th full fiscal year after the date of enactment of the 21st Century Workforce Partnerships Act . (b) Administrative cost Not more than 5 percent of the amounts made available under subsection (a) may be used by the Secretaries for Federal administration the program described in that subsection, including providing technical assistance and carrying out evaluations for the program described in that subsection. (c) Period of availability The funds appropriated pursuant to subsection (a) for a fiscal year shall be available for Federal obligation for that fiscal year and the succeeding 4 fiscal years. 399C. Definitions In this part: (1) In general The terms basic skills deficient , in-demand industry sector or occupation , individual with a barrier to employment , local board , recognized postsecondary credential , and State board have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (2) Community college The term community college has the meaning given the term junior or community college in section 312(f). (3) Educational or career training program The term educational or career training program means— (A) a career pathways program, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); or (B) a program with an integrated education and training approach, as defined in section 203 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3272 ). . | https://www.govinfo.gov/content/pkg/BILLS-117s1626is/xml/BILLS-117s1626is.xml |
117-s-1627 | II 117th CONGRESS 1st Session S. 1627 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Cotton (for himself, Ms. Ernst , and Mr. Boozman ) 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 reduce the rate of tax on estates, gifts, and generation-skipping transfers.
1. Short title This Act may be cited as the Estate Tax Rate Reduction Act . 2. Reduction of rate of tax on estates, gifts, and generation-skipping transfers (a) In general Section 2001 of the Internal Revenue Code of 1986 is amended— (1) by striking subsection (c) and inserting the following: (c) Rate of tax For purposes of determining the tentative tax, the rate of tax shall be 20 percent of the amount with respect to which the tentative tax is computed. ; and (2) in subsection (g)(1), by striking rates of tax under subsection (c) and inserting rate of tax under subsection (c) . (b) Conforming amendments (1) Section 2056A(b)(2) of the Internal Revenue Code of 1986 is amended— (A) in subparagraph (B)(i), by striking highest ; and (B) in subparagraph (C), by striking highest . (2) Section 2107(a) of such Code is amended by striking the table contained in and inserting the rate of tax under . (3) Section 2201(a) of such Code is amended by striking the rate schedule set forth in section 2001(c) and inserting the rate of tax under section 2001(c) . (4) Section 2641 of such Code is amended to read as follows: 2641. Applicable rate For purposes of this chapter, the term applicable rate means, with respect to any generation-skipping transfer, the product of— (1) the rate imposed by section 2001 on the estates of decedents dying at the time of the taxable distribution, taxable termination, or direct skip, as the case may be, and (2) the inclusion ratio with respect to the transfer. . (5) Section 2801(a)(1) of such Code is amended by striking the highest rate of tax specified in the table contained in and inserting the rate of tax under . (6) Section 6601(j)(2)(A)(i) of such Code is amended by striking the rate schedule set forth in . (c) Effective date The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2020. (d) Budgetary effects (1) PAYGO scorecard The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(d) ). (2) Senate PAYGO scorecard The budgetary effects of this section shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. | https://www.govinfo.gov/content/pkg/BILLS-117s1627is/xml/BILLS-117s1627is.xml |
117-s-1628 | II 117th CONGRESS 1st Session S. 1628 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Markey (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Children’s Online Privacy Protection Act of 1998 to strengthen protections relating to the online collection, use, and disclosure of personal information of children and minors, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Children and Teens’ Online Privacy Protection Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Table of contents. Sec. 2. Definitions. Sec. 3. Online collection, use, and disclosure of personal information of children and minors. Sec. 4. Fair Information Practices Principles. Sec. 5. Digital Marketing Bill of Rights for Minors. Sec. 6. Targeted marketing to children or minors. Sec. 7. Removal of content. Sec. 8. Privacy dashboard for connected devices for children and minors. Sec. 9. Prohibition on sale of connected devices for children and minors that fail to meet appropriate cybersecurity and data security standards. Sec. 10. Rule for treatment of users of websites, services, and applications directed to children or minors. Sec. 11. Study of mobile and online application oversight. Sec. 12. Youth Privacy and Marketing Division. Sec. 13. Enforcement and applicability. 2. Definitions (a) In general In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Constructive knowledge (A) In general The term constructive knowledge means that knowledge that a minor is a minor under section 5(a)(1)(A)(i)(II) shall be imputed, at a minimum, to an operator if— (i) the operator directly or indirectly collects, uses, profiles, buys, sells, classifies, or analyzes (using an algorithm or other form of data analytics) data about a user or groups of users to estimate, identify, or classify the age, age range, or proxy thereof; (ii) the operator directly or indirectly collects, uses, profiles, buys, sells, classifies or analyzes (using an algorithm or other form of data analytics) data about the nature of the content of the website, online service, online application, or mobile application that estimates, identifies, or classifies the content as directed to users of a particular age range or similarly estimates, identifies, or classifies the intended or likely audience for the content; (iii) the operator has or receives data or reporting related to the age of users on the website, online service, online application, or mobile application under the self-regulatory guidelines described in section 1304 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ) that documents risks and controls, including the existence of operator-controlled data analytics and content analytics capabilities and functions or outputs; (iv) the operator has or receives complaints from parents or other third parties about the age of users using its service, whether through the operators’ complaint mechanism, by email, or other means conveniently accessible by the user; (v) the operator has or receives data or reporting or information from the operator’s internal communications, including documentation about its advertising practices, such as an advertisement insertion order, or other promotional material to marketers, that indicates that data is being collected from users of a particular age range that are using the product or service; (vi) the operator has publicly available data or reporting regarding the operator’s product or service indicating that users of a particular age range are using the product or service; or (vii) a content provider on the operator’s website, online service, online application, or mobile application communicates to an ad-network that the content is intended for users of a particular age range or likely to appeal to users of a particular age range, whether directly or indirectly. (B) Additional factors The Commission may issue guidance or promulgate rules that indicate factors, in addition to those described in subparagraph (A), that should be considered to be constructive knowledge for purposes of this Act. (3) Standards The term standards means benchmarks, guidelines, best practices, methodologies, procedures, and processes. (b) Other definitions The definitions set forth in section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ), as amended by section 3(a) of this Act, shall apply in this Act, except to the extent the Commission provides otherwise by regulations issued under section 553 of title 5, United States Code. 3. Online collection, use, and disclosure of personal information of children and minors (a) Definitions Section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) is amended— (1) by amending paragraph (2) to read as follows: (2) Operator The term operator — (A) means any person— (i) who, for commercial purposes, in interstate or foreign commerce operates or provides a website on the internet, an online service, an online application, or a mobile application; and (ii) who— (I) collects or maintains, either directly or through a service provider, personal information from or about the users of that website, service, application, or connected device; (II) allows another person to collect personal information directly from users of that website, service, application, or connected device (in which case, the operator is deemed to have collected the information); or (III) allows users of that website, service, application, or connected device to publicly disclose personal information (in which case, the operator is deemed to have collected the information); and (B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). ; (2) in paragraph (4)— (A) by amending subparagraph (A) to read as follows: (A) the release of personal information collected from a child or minor for any purpose, except where the personal information is provided to a person other than an operator who— (i) provides support for the internal operations of the website, online service, online application, or mobile application of the operator, excluding any activity relating to targeted marketing directed to children, minors, or connected devices; and (ii) does not disclose or use that personal information for any other purpose; and ; and (B) in subparagraph (B)— (i) by inserting or minor after child each place the term appears; (ii) by inserting or minors after children ; and (iii) by striking website or online service and inserting website, online service, online application, or mobile application ; (3) in paragraph (8), by striking subparagraphs (F) and (G) and inserting the following: (F) geolocation information; (G) information used for biometric identification, as defined in section 70123 of title 46, United States Code, of an individual; (H) information reasonably associated with or attributed to an individual; (I) information (including an internet protocol address) that permits the identification of— (i) an individual; or (ii) any device used by an individual to directly or indirectly access the internet or an online service, online application, or mobile application; or (J) information concerning a child or minor or the parents of that child or minor (including any unique or substantially unique identifier, such as a customer number) that an operator collects online from the child or minor and combines with an identifier described in this paragraph. ; (4) by amending paragraph (9) to read as follows: (9) Verifiable consent The term verifiable consent means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that, in the case of a child, a parent of the child, or, in the case of a minor, the minor— (A) receives specific notice of the personal information collection, use, and disclosure practices of the operator; and (B) before the personal information of the child or minor is collected, freely and unambiguously authorizes— (i) the collection, use, and disclosure, as applicable, of that personal information; and (ii) any subsequent use of that personal information. ; (5) by striking paragraph (10) and redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively; and (6) by adding at the end the following: (12) Connected device The term connected device means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device. (13) Online The term online means— (A) connected to or compatible with the internet; or (B) via the internet. (14) Online application The term online application — (A) means an internet-connected software program; and (B) includes a service or application offered via a connected device. (15) Online service The term online service — (A) means broadband internet access service, as defined in the Report and Order on Remand, Declaratory Ruling, and Order in the matter of protecting and promoting the open internet, adopted by the Federal Communications Commission on February 26, 2015 (FCC 15–24); and (B) includes a service or application offered via a connected device. (16) Directed to a child or minor (A) In general The terms directed to a child or directed to a minor means, with respect to a website, online service, online application, or mobile application, the website, online service, online application, or mobile application is targeted to children or minors, as the case may be, as demonstrated by— (i) the subject matter of the website, online service, online application, or mobile application; (ii) the visual content of the website, online service, online application, or mobile application; (iii) the use of animated characters or child-oriented activities for children, or the use of minor-oriented characters or minor-oriented activities for minors, and related incentives on the website, online service, online application, or mobile application; (iv) the music or other audio content on the website, online service, online application, or mobile application; (v) the age of models on the website, online service, online application, or mobile application; (vi) the presence, on the website, online service, online application, or mobile application, of— (I) child celebrities; (II) celebrities who appeal to children; (III) teen celebrities; or (IV) celebrities who appeal to minors; (vii) the language used on the website, online service, online application, or mobile application; (viii) advertising content used on, or used to advertise, the website, online service, online application, or mobile application; or (ix) reliable empirical evidence relating to— (I) the composition of the audience of the website, online service, online application, or mobile application; and (II) the intended audience of the website, online service, online application, or mobile application. (B) Rules of construction (i) Services deemed directed to children or minors For the purposes of this title, a website, online service, online application, or mobile application shall be deemed to be directed to children or minors if the operator of the website, online service, online application, or mobile application has constructive knowledge that the website, online service, online application, or mobile application collects personal information directly from users of any other website, online service, online application, or mobile application that is directed to children or minors under the criteria described in subparagraph (A). (ii) Services deemed directed to mixed audiences (I) In general A website, online service, online application, or mobile application that is directed to children or minors under the criteria described in subparagraph (A), but that does not target children or minors as the primary audience of the website, online service, online application, or mobile application, shall not be deemed to be directed to children or minors for purposes of this title if the website, online service, online application, or mobile application— (aa) does not collect personal information from any user of the website, online service, online application, or mobile application before verifying age information of the user; and (bb) does not, without first complying with any relevant notice and consent provision under this title, collect, use, or disclose personal information of any user who identifies themselves to the website, online service, online application, or mobile application as an individual who is under the age of 16. (II) Use of certain tools For purposes of this title, a website, online service, online application, or mobile application, shall not be deemed directed to children or minors solely because the website, online service, online application, or mobile application refers or links to any other website, online service, online application, or mobile application directed to children or minors by using information location tools, including— (aa) a directory; (bb) an index; (cc) a reference; (dd) a pointer; or (ee) a hypertext link. (17) Mobile application The term mobile application — (A) means a software program that runs on the operating system of— (i) a cellular telephone; (ii) a tablet computer; or (iii) a similar portable computing device that transmits data over a wireless connection; and (B) includes a service or application offered via a connected device. (18) Geolocation information The term geolocation information means information sufficient to identify a street name and name of a city or town. (19) Minor The term minor means an individual over the age of 12 and under the age of 16. (20) Targeted marketing The term targeted marketing means advertising or any other effort to market a product or service that is directed to a specific individual or device— (A) based on— (i) the personal information of— (I) the individual; or (II) a group of individuals who are similar in gender, age, income level, race, or ethnicity to the specific individual to whom the product or service is marketed; (ii) psychological profiling; or (iii) a unique identifier of the device; or (B) as a result of use by the individual, access by any device of the individual, or use by a group of individuals who are similar to the specific individual, of— (i) a website; (ii) an online service; (iii) an online application; (iv) a mobile application; or (v) an operating system. . (b) Online collection, use, and disclosure of personal information of children and minors Section 1303 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 ) is amended— (1) by striking the heading and inserting the following: Online collection, use, and disclosure of personal information of children and minors. ; (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general It is unlawful for an operator of a website, online service, online application, or mobile application directed to a child or minor, or an operator having constructive knowledge that personal information being collected is from a child or minor, to collect personal information from a child or minor in a manner that violates the regulations prescribed under subsection (b). ; and (B) in paragraph (2)— (i) by striking of such a website or online service ; and (ii) by striking subsection (b)(1)(B)(iii) to the parent of a child and inserting subsection (b)(1)(A)(iii) to the parent of a child or under subsection (b)(1)(A)(iv) to a minor ; (3) in subsection (b)— (A) by amending paragraph (1) to read as follows: (1) Regulations (A) In general Not later than 1 year after the date of the enactment of the Act entitled An Act to amend the Children’s Online Privacy Protection Act of 1998 to strengthen protections relating to the online collection, use, and disclosure of personal information of children and minors, and for other purposes , the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to require an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having constructive knowledge that personal information being collected is from a child or minor— (i) to provide clear and conspicuous notice in clear and plain language of— (I) the types of personal information the operator collects; (II) how the operator uses the information; (III) whether and why the operator discloses the information; and (IV) the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or minors except in accordance with the regulations promulgated under this paragraph; (ii) to obtain verifiable consent for the collection, use, or disclosure of personal information of a child or minor; (iii) to provide to a parent whose child has provided personal information to the operator, upon request by and proper identification of the parent— (I) a description of the specific types of personal information collected from the child by the operator; (II) the opportunity at any time to delete personal information collected from the child; and (III) a means that is reasonable under the circumstances for the parent to obtain any personal information collected from the child, if such information is available to the operator at the time the parent makes the request; (iv) to provide to a minor who has provided personal information to the operator, upon request by and proper identification of the minor— (I) a description of the specific types of personal information collected from the minor by the operator; (II) the opportunity at any time to delete personal information collected from the minor; and (III) a means that is reasonable under the circumstances for the minor to obtain any personal information collected from the minor, if such information is available to the operator at the time the minor makes the request; (v) not to condition participation in a game, or use of a website, service, or application, by a child or minor on the provision by the child or minor of more personal information than is reasonably required to participate in the game or use the website, service, or application; and (vi) to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children and minors. (B) Updates Not less frequently than once every 4 years after the date on which regulations are promulgated under subparagraph (A), the Commission shall update those regulations as necessary. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking verifiable parental consent and inserting verifiable consent ; (ii) in subparagraph (A)— (I) by inserting or minor after collected from a child ; (II) by inserting or minor after request from the child ; and (III) by inserting or minor or to contact a different child or minor after to recontact the child ; (iii) in subparagraph (B)— (I) by striking parent or child and inserting parent, child, or minor ; and (II) by striking parental consent each place the term appears and inserting verifiable consent ; (iv) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting or minor after child each place the term appears; (II) in clause (i)— (aa) by inserting or minor after child each place the term appears; and (bb) by inserting or minor, as applicable, after parent each place the term appears; and (III) in clause (ii)— (aa) by inserting or minor, as applicable, after parent ; and (bb) by inserting or minor after child each place the term appears; and (v) in subparagraph (D)— (I) in the matter preceding clause (i), by inserting or minor after child each place the term appears; (II) in clause (ii), by inserting or minor after child ; and (III) in the flush text following clause (iii)— (aa) by inserting or minor, as applicable, after parent each place the term appears; and (bb) by inserting or minor after child ; and (C) by amending paragraph (3) to read as follows: (3) Continuation of service The regulations shall prohibit an operator from discontinuing service provided to a child or minor on the basis of a request by the parent of the child or by the minor, under the regulations prescribed under clauses (iii)(II) and (iv)(II), respectively, of paragraph (1)(A) to delete personal information collected from the child or minor, to the extent that the operator is capable of providing such service without such information. ; (4) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (5) by inserting after subsection (b) the following: (c) Constructive knowledge (1) In general Constructive knowledge that personal information being collected is from a child or minor under subsection (a) or (b) shall be imputed, at a minimum, to an operator if— (A) the operator directly or indirectly collects, uses, profiles, buys, sells, classifies, or analyzes (using an algorithm or other form of data analytics) data about a user or groups of users to estimate, identify, or classify the age, age range, or proxy thereof; (B) the operator directly or indirectly collects, uses, profiles, buys, sells, classifies or analyzes (using an algorithm or other form of data analytics) data about the nature of the content of the website, online service, online application, or mobile application that estimates, identifies, or classifies the content as child or minor-directed or similarly estimates, identifies, or classifies the intended or likely audience for the content; (C) the operator has or receives data or reporting related to the age of users on the website, online service, online application, or mobile application under the self-regulatory guidelines described in section 1304 that documents risks and controls, including the existence of operator-controlled data analytics and content analytics capabilities and functions or outputs; (D) the operator has or receives complaints from parents or other third parties about the age of users using its service, whether through the operators’ complaint mechanism, by email, or other means conveniently accessible by the user; (E) the operator has or receives data or reporting or information from the operator’s internal communications, including documentation about its advertising practices, such as an advertisement insertion order, or other promotional material to marketers, that indicates that data is being collected from children or minors that are using the product or service; (F) the operator has publicly available data or reporting regarding the operator’s product or service indicating that children or minors are using its product or service; or (G) a content provider on the operator’s website, online service, online application, or mobile application communicates to an ad-network that the content is intended for children or minors or likely to appeal to children or minors, whether directly or indirectly. (2) Additional factors The Commission may issue guidance or promulgate rules that indicate factors, in addition to those described in paragraph (1), that should be considered to be constructive knowledge for purposes of this section. . (c) Safe harbors Section 1304 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ) is amended— (1) in subsection (b)(1), by inserting and minors after children ; and (2) by adding at the end the following: (d) Publication The Commission shall publish on the internet website of the Commission any report or documentation required by regulation to be submitted to the Commission to carry out this section. . (d) Administration and applicability of Act Section 1306 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking , in the case of and all that follows and inserting the following: by the appropriate Federal banking agency, with respect to any insured depository institution (as those terms are defined in section 3 of that Act ( 12 U.S.C. 1813 )); ; and (B) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) by adding at the end the following new subsection: (f) Telecommunications carriers and cable operators (1) Enforcement by Commission Notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ), compliance with the requirements imposed under this title shall be enforced by the Commission with respect to any telecommunications carrier (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )). (2) Relationship to other law To the extent that section 222, 338(i), or 631 of the Communications Act of 1934 ( 47 U.S.C. 222 ; 338(i); 551) is inconsistent with this title, this title controls. . 4. Fair Information Practices Principles The Fair Information Practices Principles described in this section are the following: (1) Collection limitation principle Except as provided in paragraph (3), personal information should be collected from a child or minor only when collection of the personal information is— (A) consistent with the context of a particular transaction or service or the relationship of the child or minor with the operator, including collection necessary to fulfill a transaction or provide a service requested by the child or minor; or (B) required or specifically authorized by law. (2) Data quality principle The personal information of a child or minor should be accurate, complete, and kept up-to-date to the extent necessary to fulfill the purposes described in subparagraphs (A) through (D) of paragraph (3). (3) Purpose specification principle The purposes for which personal information is collected should be specified to the parent of a child or to a minor not later than at the time of the collection of the information. The subsequent use or disclosure of the information should be limited to— (A) fulfillment of the transaction or service requested by the minor or parent of the child; (B) support for the internal operations of the website, service, or application, as described in section 312.2 of title 16, Code of Federal Regulations, excluding any activity relating to targeted marketing directed to children, minors, or a device of a child or minor if the support for internal operations in consistent with the interest of the child or minor; (C) compliance with legal process or other purposes expressly authorized under specific legal authority; or (D) other purposes— (i) that are specified in a notice to the minor or parent of the child; and (ii) to which the minor or parent of the child has consented under paragraph (7) before the information is used or disclosed for such other purposes. (4) Retention limitation principle (A) In general The personal information of a child or minor should not be retained for longer than is necessary to fulfill a transaction or provide a service requested by the child or minor or such other purposes specified in subparagraphs (A) through (D) of paragraph (3). (B) Data disposal The operator should implement a reasonable and appropriate data disposal policy based on the nature and sensitivity of personal information described in subparagraph (A). (5) Security safeguards principle The personal information of a child or minor should be protected by reasonable and appropriate security safeguards against risks such as loss or unauthorized access, destruction, use, modification, or disclosure. (6) Openness principle (A) General principle The operator should maintain a general policy of openness about developments, practices, and policies with respect to the personal information of a child or minor. (B) Provision of information The operator should provide to each parent of a child, or to each minor, using the website, online service, online application, or mobile application of the operator with a clear and prominent means— (i) to identify and contact the operator, by, at a minimum, disclosing, clearly and prominently, the identity of the operator and— (I) in the case of an operator who is an individual, the address of the principal residence of the operator and an email address and telephone number for the operator; or (II) in the case of any other operator, the address of the principal place of business of the operator and an email address and telephone number for the operator; (ii) to determine whether the operator possesses any personal information of the child or minor, the nature of any such information, and the purposes for which the information was collected and is being retained; (iii) to obtain any personal information of the child or minor that is in the possession of the operator from the operator, or from a person specified by the operator, within a reasonable time after making a request, at a charge (if any) that is not excessive, in a reasonable manner, and in a form that is readily intelligible to the child or minor; (iv) to challenge the accuracy of personal information of the child or minor that is in the possession of the operator; (v) to determine if the child or minor has established the inaccuracy of personal information in a challenge under clause (iv) in order to have such information erased, corrected, completed, or otherwise amended; and (vi) to determine the method by which the operator obtains data relevant to the child or minor. (C) Limitation Nothing in this paragraph shall be construed to permit an operator to erase or otherwise modify personal information requested by a law enforcement agency pursuant to legal authority. (7) Individual participation principle The operator should— (A) obtain consent from a parent of a child or from a minor before using or disclosing the personal information of the child or minor for any purpose other than the purposes described in subparagraphs (A) through (C) of paragraph (3); and (B) obtain affirmative express consent from a parent of a child or from a minor before using or disclosing previously collected personal information of the child or minor for purposes that constitute a material change in practice from the original purposes specified to the child or minor under paragraph (3). (8) Racial and socioeconomic profiling The personal information of a child or minor shall not be used to direct content to the child or minor, or a group of individuals similar to the child or minor, on the basis of race, socioeconomic factors, or any proxy thereof. 5. Digital Marketing Bill of Rights for Minors (a) Acts prohibited (1) Prohibition (A) In general Except as provided in subparagraph (B), it shall be unlawful for an operator of a website, online service, online application, or mobile application to collect personal information from a minor if— (i) (I) the minor is a user of the website, online service, online application, or mobile application; and (II) the operator has constructive knowledge that personal information is being collected from a minor or minors; or (ii) the website, online service, online application, or mobile application is directed to minors. (B) Exception Subparagraph (A) shall not apply to an operator that has adopted and complies with a Digital Marketing Bill of Rights for Minors that is consistent with the Fair Information Practices Principles described in section 4. (2) Effective date This subsection shall take effect on the date that is 180 days after the promulgation of regulations under subsection (b). (b) Regulations (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section, including regulations further defining the Fair Information Practices Principles described in section 4. (2) Updates Not less frequently than once every 4 years after the date on which regulations are promulgated under paragraph (1), the Commission shall update those regulations as necessary. 6. Targeted marketing to children or minors (a) Acts prohibited (1) Children It shall be unlawful for an operator of a website, online service, online application, or mobile application to use, disclose to third parties, or compile personal information of a child for purposes of targeted marketing if— (A) (i) the child is a user of the website, online service, online application, or mobile application; and (ii) the operator has constructive knowledge that personal information is being collected from a child or children; or (B) the website, online service, online application, or mobile application is directed to a child. (2) Minors (A) Prohibition Except as provided in subparagraph (B), it shall be unlawful for an operator of a website, online service, online application, or mobile application to use, disclose to third parties, or compile personal information of a minor for purposes of targeted marketing if— (i) (I) the minor is a user of the website, online service, online application, or mobile application; and (II) the operator has constructive knowledge that the minor is a minor; or (ii) the website, online service, online application, or mobile application is directed to a minor. (B) Exception Subparagraph (A) shall not apply to an operator that has obtained the verifiable consent of the relevant minor. (3) Effective date This subsection shall take effect on the date that is 180 days after the promulgation of regulations under subsection (b). (b) Regulations (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section. (2) Updates Not less frequently than once every 4 years after the date on which regulations are promulgated under paragraph (1), the Commission shall update those regulations as necessary. 7. Removal of content (a) Acts prohibited It is unlawful for an operator to make publicly available through a website, online service, online application, or mobile application content or information that contains or displays personal information of children or minors in a manner that violates subsection (b). (b) Requirement (1) In general An operator, to the extent technologically feasible, shall— (A) implement mechanisms that permit a user of the website, online service, online application, or mobile application of the operator to erase or otherwise eliminate content or information that is— (i) submitted to the website, online service, online application, or mobile application by that user; (ii) publicly available through the website, online service, online application, or mobile application; and (iii) contains or displays personal information of children or minors; and (B) take appropriate steps to— (i) make users aware of the mechanisms described in subparagraph (A); and (ii) provide notice to users that the mechanisms described in subparagraph (A) do not necessarily provide comprehensive removal of the content or information submitted by users. (2) Exceptions Paragraph (1) shall not be construed to require an operator or third party to erase or otherwise eliminate content or information that— (A) any other provision of Federal or State law requires the operator or third party to maintain; or (B) was submitted to the website, online service, online application, or mobile application of the operator by any person other than the user who is attempting to erase or otherwise eliminate the content or information, including content or information submitted by the user that was republished or resubmitted by another person. (c) Limitation Nothing in this section shall be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. (d) Effective date This section shall take effect on the date that is 180 days after the date of enactment of this Act. 8. Privacy dashboard for connected devices for children and minors (a) In general A manufacturer of a connected device directed to a child or minor shall prominently display on the packaging for the connected device a standardized and easy-to-understand privacy dashboard, detailing whether, what, and how personal information of a child or minor is— (1) collected from the connected device; (2) transmitted from the connected device; (3) retained on the connected device; (4) retained by the manufacturer or affiliated person; (5) used by the manufacturer or affiliated person; and (6) protected. (b) Features A privacy dashboard under subsection (a) shall inform a consumer of— (1) the extent to which the connected device meets the highest cybersecurity and data security standards, including if and how to obtain security patches; (2) the extent to which the connected device gives— (A) a parent meaningful control over the information of a child of the parent; and (B) a minor meaningful control over the information of the minor; (3) the extent to which the device minimizes the collection, retention, and use of information from a child or minor; (4) the location of privacy policies; (5) the type of personal information the connected device may collect; (6) the minimum length of time during which a connected device will received security patches and software updates; (7) whether the connected device can be used without being connected to the internet; and (8) any other information as the Commission considers appropriate. (c) Regulations (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section. (2) Updates Not less frequently than once every 4 years after the date on which regulations are promulgated under paragraph (1), the Commission shall update those regulations as necessary. (d) Effective date Subsections (a) and (b) shall take effect on the date that is 180 days after the promulgation of regulations under subsection (c). 9. Prohibition on sale of connected devices for children and minors that fail to meet appropriate cybersecurity and data security standards (a) Prohibition Beginning 1 year after the date of enactment of this Act, no person may sell a connected device unless the connected device meets appropriate cybersecurity and data security standards established by the Commission. (b) Cybersecurity and data security standards (1) In general The Commission shall promulgate, under section 553 of title 5, United States Code, cybersecurity and data security standards described in subsection (a). (2) Considerations In promulgating cybersecurity and data security standards under paragraph (1), the Commission shall— (A) create cybersecurity and data security standards for different subsets of connected devices based on the varying degrees of— (i) cybersecurity and data security risk associated with each subset of connected device; (ii) sensitivity of information collected, stored, or transmitted by each subset of connected device; and (iii) functionality of each subset of connected device; (B) consider incorporating, to the extent practicable, existing cybersecurity and data security standards; and (C) ensure that the cybersecurity and data security standards— (i) are consistent with Fair Information Practice Principles described in section 4; and (ii) promote data minimization. 10. Rule for treatment of users of websites, services, and applications directed to children or minors For the purposes of this Act, an operator of a website, online service, online application, or mobile application that is directed to children or minors shall treat each user of that website, online service, online application, or mobile application as a child or minor, except as permitted by the Commission pursuant to a regulation promulgated under this Act. 11. Study of mobile and online application oversight Not later than 2 years after the date of enactment of this Act, the Commission shall submit to each committee of the Senate and each committee of the House of Representatives that has jurisdiction over the Commission a report on the processes of platforms that offer mobile and online applications for ensuring that, of those applications that are directed to children or minors, the applications operate in accordance with— (1) this Act, the amendments made by this Act, and rules promulgated under this Act; (2) rules promulgated by the Commission under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) relating to unfair or deceptive acts or practices in marketing; and (3) any other Federal or State law relating to the privacy of children or minors. 12. Youth Privacy and Marketing Division (a) Establishment There is established within the Commission a division to be known as the Youth Privacy and Marketing Division. (b) Director The Youth Privacy and Marketing Division shall be headed by a Director, who shall be appointed by the Chairman of the Commission. (c) Duties The Youth Privacy and Marketing Division established under subsection (a) shall be responsible for addressing, as it relates to this Act and the amendments made by this Act— (1) the privacy of children and minors; and (2) marketing directed at children and minors. (d) Staff The Director of the Youth Privacy and Marketing Division shall hire adequate staff to carry out the duties under subsection (c), including individuals who are experts in data protection, digital advertising, data analytics, and youth development. (e) Reports Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Director of the Youth and Privacy Marketing Division 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 that includes— (1) a description of the work of the Youth Privacy and Marketing Division on emerging concerns relating to youth privacy and marketing practices; and (2) an assessment of how effectively the Commission has, during the period for which the report is submitted, addressed youth privacy and marketing practices. 13. Enforcement and applicability (a) Enforcement by the Commission (1) In general Except as otherwise provided, this Act and the regulations prescribed under this Act shall be enforced by the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). (2) Unfair or deceptive acts or practices Subject to subsection (b), a violation of this Act or a regulation prescribed under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (3) Actions by the Commission (A) In general Subject to subsection (b), and except as provided in subsection (d)(1), the Commission shall prevent any person from violating this Act or a regulation prescribed under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act, and any person who violates this Act or such regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (B) Violations (i) In general In an action brought by the Commission to enforce this Act and the regulations prescribed under this Act, each connected device that fails to meet a standard promulgated under this Act shall be treated as a separate violation. (ii) Civil penalty Notwithstanding section 5(m) of the Federal Trade Commission Act ( 15 U.S.C. 45(m) ), a civil penalty recovered for a violation of this Act or a regulation prescribed under this Act may be in excess of the amounts provided for in that section as the court finds appropriate to deter violations of this Act and regulations prescribed under this Act. (iii) First violations In an action brought by the Commission to enforce this Act and the regulations prescribed under this Act, the Commission may seek a civil penalty for any violation of this Act or regulation prescribed under this Act, including any violation that is the first violation of this Act or a regulation prescribed under this Act that a person against whom the action is brought has committed. (b) Enforcement by certain other agencies Notwithstanding subsection (a), compliance with the requirements imposed under this Act shall be enforced as follows: (1) Under section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ) by the appropriate Federal banking agency, with respect to an insured depository institution (as such terms are defined in section 3 of such Act ( 12 U.S.C. 1813 )). (2) Under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq.) by the National Credit Union Administration Board, with respect to any Federal credit union. (3) Under part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to such part. (4) Under the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq.) (except as provided in section 406 of that Act ( 7 U.S.C. 226 ; 227)) by the Secretary of Agriculture, with respect to any activities subject to that Act. (5) Under the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq.) by the Farm Credit Administration, with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. (c) Enforcement by State attorneys general (1) In general (A) Civil actions In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this Act or a regulation prescribed under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (i) enjoin that practice; (ii) enforce compliance with this Act or such regulation; (iii) obtain damages, restitution, or other compensation on behalf of residents of the State; or (iv) obtain such other relief as the court may consider to be appropriate. (B) Notice (i) In general Before filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Commission— (I) written notice of that action; and (II) a copy of the complaint for that action. (ii) Exemption (I) In general Clause (i) shall not apply with respect to the filing of an action by an attorney general of a State under this paragraph if the attorney general of the State determines that it is not feasible to provide the notice described in that clause before the filing of the action. (II) Notification In an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (2) Intervention (A) In general On receiving notice under paragraph (1)(B), the Commission shall have the right to intervene in the action that is the subject of the notice. (B) Effect of intervention If the Commission intervenes in an action under paragraph (1), it shall have the right— (i) to be heard with respect to any matter that arises in that action; and (ii) to file a petition for appeal. (3) Construction For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (4) Actions by the Commission In any case in which an action is instituted by or on behalf of the Commission for violation of this Act or a regulation prescribed under this Act, no State may, during the pendency of that action, institute an action under paragraph (1) against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (d) Telecommunications carriers and cable operators (1) Enforcement by Commission Notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ), compliance with the requirements imposed under this Act shall be enforced by the Commission with respect to any telecommunications carrier (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )). (2) Relationship to other laws To the extent that section 222, 338(i), or 631 of the Communications Act of 1934 ( 47 U.S.C. 222 ; 338(i); 551) is inconsistent with this Act, this Act controls. (e) Safe harbors (1) Definition In this subsection— (A) the term applicable section means section 5, 6, 7, 8, or 9 of this Act; (B) the term covered operator means an operator subject to guidelines approved under paragraph (2); (C) the term requesting entity means an entity that submits a safe harbor request to the Commission; and (D) the term safe harbor request means a request to have self-regulatory guidelines described in paragraph (2)(A) approved under that paragraph. (2) Guidelines (A) In general An operator may satisfy the requirements of regulations issued under an applicable section by following a set of self-regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons, that, after notice and an opportunity for comment, are approved by the Commission upon making a determination that the guidelines meet the requirements of the regulations issued under that applicable section. (B) Expedited response to requests Not later than 180 days after the date on which a safe harbor request is filed under subparagraph (A), the Commission shall act upon the request set forth in writing the conclusions of the Commission with regard to the request. (C) Appeals A requesting entity may appeal the final action of the Commission under subparagraph (B), or a failure by the Commission to act in the period described in that paragraph, to a district court of the United States of appropriate jurisdiction, as provided for in section 706 of title 5, United States Code. (3) Incentives (A) Self-regulatory incentives In prescribing regulations under an applicable section, the Commission shall provide incentives for self-regulation by covered operators to implement the protections afforded children and minors, as applicable, under the regulatory requirements described in those sections. (B) Deemed compliance The incentives under subparagraph (A) shall include provisions for ensuring that a covered operator will be deemed to be in compliance with the requirements of the regulations under an applicable section if that person complies with guidelines approved under paragraph (2). (4) Regulations In prescribing regulations relating to safe harbor guidelines under an applicable section, the Commission shall— (A) establish criteria for the approval of guidelines that will ensure that a covered operator provides substantially the same or greater protections for children and minors, as applicable, as those contained in the regulations issued under the applicable section; and (B) require that any report or documentation required to be submitted to the Commission by a covered operator or requesting entity will be published on the internet website of the Commission. (5) Report by the Inspector General (A) In general Not later than 2 years after the date of enactment of this Act, and once each 2 years thereafter, the Inspector General of the Commission shall submit to the Commission and each committee of the Senate and each committee of the House of Representatives that has jurisdiction over the Commission a report regarding the safe harbor provisions under this subparagraph, which shall include— (i) an analysis of whether the safe harbor provisions are— (I) operating fairly and effectively; and (II) effectively protecting the interests of children and minors; and (ii) proposals for policy changes that would improve the effectiveness of the safe harbor provisions. (B) Publication Not later than 10 days after the date on which a report under subparagraph (A) is submitted, the Commission shall publish the report on the internet website of the Commission. (f) Effective date This section shall take effect on the date that is 90 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1628is/xml/BILLS-117s1628is.xml |
117-s-1629 | II 117th CONGRESS 1st Session S. 1629 IN THE SENATE OF THE UNITED STATES May 13, 2021 Ms. Baldwin (for herself and Ms. Ernst ) 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 carry out a pilot program to develop and provide to States and transportation planning organizations accessibility data sets, and for other purposes.
1. Short title This Act may be cited as the Connecting Opportunities through Mobility Metrics and Unlocking Transportation Efficiencies Act or the COMMUTE Act . 2. Accessibility data pilot program (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the Secretary ) shall establish an accessibility data pilot program (referred to in this section as the pilot program ). (b) Purpose The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program to improve the transportation planning of those eligible entities by— (1) measuring the level of access by multiple transportation modes to important destinations, which may include— (A) jobs, including areas with a concentration of available jobs; (B) health care facilities; (C) child care services; (D) educational and workforce training facilities; (E) affordable housing; (F) food sources; and (G) connections between modes, including connections to— (i) high-quality transit or rail service; (ii) safe bicycling corridors; and (iii) safe sidewalks that achieve compliance with applicable requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); (2) disaggregating the level of access by multiple transportation modes by a variety of population categories, which may include— (A) low-income populations; (B) minority populations; (C) age; (D) disability; and (E) geographical location; (3) assessing the change in accessibility that would result from new transportation investments; and (4) providing data necessary to prioritize transportation investments that will improve access by all modes of travel. (c) Eligible entities An entity eligible to participate in the pilot program is— (1) a State (as defined in section 101(a) of title 23, United States Code); (2) a metropolitan planning organization; or (3) a rural transportation planning organization. (d) Application To be eligible to participate in the pilot 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, including information relating to— (1) previous experience of the eligible entity measuring transportation access, especially in low-income, transit-dependent, or other high-needs communities, or other performance management experience; (2) the types of important destinations to which the eligible entity intends to measure access; (3) the types of data disaggregation the eligible entity intends to pursue; (4) a general description of the methodology the eligible entity intends to apply; (5) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply; and (6) a description of how the eligible entity plans to use the data to improve access to jobs and services by all modes of travel, including for communities of color, low-income communities, people who are transit-dependent, and vulnerable road users. (e) Selection (1) In general The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include— (A) States; (B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; (C) metropolitan planning organizations that serve an area with a population of over 200,000 people; and (D) rural transportation planning organizations. (2) Inclusions The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1), there is— (A) a range of capacity and previous experience with measuring transportation access; and (B) a variety of proposed methodologies and focus areas for measuring level of access. (f) Duties For each eligible entity participating in the pilot program, the Secretary shall— (1) develop or acquire an accessibility data set described in subsection (b); and (2) submit the data set to the eligible entity. (g) Methodology In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source. (h) Availability The Secretary shall make an accessibility data set under the pilot program available to— (1) units of local government within the jurisdiction of the eligible entity participating in the pilot program; and (2) researchers. (i) Report Not later than 120 days after the last date on which the Secretary submits data sets to the eligible entity under subsection (f), the Secretary shall submit to Congress a report on the results of the program, including— (1) the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities; and (2) an identification of specific actions the Secretary and eligible entities participating in the pilot program may take to further the use of accessibility data. (j) Funding The Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. (k) Sunset The pilot program shall terminate on the date that is 5 years after the date on which the pilot program is implemented. | https://www.govinfo.gov/content/pkg/BILLS-117s1629is/xml/BILLS-117s1629is.xml |
117-s-1630 | II 117th CONGRESS 1st Session S. 1630 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Trade Commission to conduct a study regarding social media use by teenagers.
1. Short title This Act may be cited as the Safe Social Media Act . 2. Report by the FTC on social media use by teenagers The Federal Trade Commission, in coordination with the Director of the Centers for Disease Control and Prevention, shall— (1) conduct a study on social media platform use among individuals younger than age 18, including— (A) what personal information is collected by social media platforms regarding such individuals; (B) how such personal information is used by the algorithms of the social media platforms; (C) how often such individuals use social media platforms daily; (D) differences in use of social media platforms related to the age ranges of such individuals; (E) mental health effects on such individuals linked to the use of social media platforms; and (F) potential harmful effects on such individuals from extended social media platform use; and (2) not later than 1 year after the date of enactment of this Act, submit to Congress a report on the findings of the study under paragraph (1), including any recommended policy changes based on such findings. 3. Definition of social media platform In this Act, the term social media platform means a public-facing website, internet application, or mobile internet application, including a social network, video sharing service, ad network, mobile operating system, search engine, email service, or internet access service, that has not less than 30,000,000 active monthly users in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s1630is/xml/BILLS-117s1630is.xml |
117-s-1631 | II 117th CONGRESS 1st Session S. 1631 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Kelly (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of Agriculture to convey certain National Forest System land in the State of Arizona to the Arizona Board of Regents, and for other purposes.
1. Short title This Act may be cited as the Arizona Experiment Station Land Conveyance Act of 2021 . 2. Definitions In this Act: (1) Easement The term easement means an easement to access and use Forest Service Road 9201D from its junction with Forest Service Road 0618 (commonly known as Beaver Creek ). (2) Federal land The term Federal land means the approximately 13.3 acres of National Forest System land within the Coconino National Forest in the State of Arizona, as generally depicted on the map entitled Act to Convey Certain NFS Land and non-Federal Land in Arizona Winter Quarters and dated June 20, 2019. (3) Secretary The term Secretary means the Secretary of Agriculture. (4) University The term University means the Arizona Board of Regents, acting on behalf of the University of Arizona Experiment Station. 3. Coconino National Forest land conveyance (a) Conveyance authorized Subject to this section, if the University submits to the Secretary not later than 180 days after the date of enactment of this Act a written request for the conveyance of the Federal land, the Secretary shall, not later than 1 year after the date of enactment of this Act, convey to the University all right, title, and interest of the United States in and to that land, including related infrastructure, improvements, and easements on that land. (b) Terms and Conditions The conveyance authorized under subsection (a) shall be— (1) subject to valid existing rights; (2) notwithstanding any other provision of law; and (3) subject to any other terms and conditions as considered appropriate by the Secretary. (c) Forest Service access The Secretary shall retain all other rights not included in the conveyance authorized under subsection (a) to Forest Service Road 9201D from its junction with Forest Service Road 0618 (commonly known as Beaver Creek ), including the maintenance of, and continued administrative access to, that road. (d) Use of conveyed land (1) In general As a condition of the conveyance under subsection (a), the Federal land shall be— (A) maintained by the University; and (B) used for the purposes of land-grant colleges and universities in accordance with— (i) the Act of July 2, 1862 (commonly known as the First Morrill Act ) (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.); (ii) the Smith-Lever Act ( 7 U.S.C. 341 et seq.); and (iii) the Hatch Act of 1887 ( 7 U.S.C. 361a et seq.). (2) Reversion If any portion of the Federal land conveyed under subsection (a) is used in a manner inconsistent with paragraph (1), the Federal land shall, at the discretion of the Secretary, revert to the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s1631is/xml/BILLS-117s1631is.xml |
117-s-1632 | II 117th CONGRESS 1st Session S. 1632 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to establish a program to provide loans to implement cost-effective energy efficiency measures, and for other purposes.
1. Short title This Act may be cited as the Community Energy Savings Program Act of 2021 . 2. Community energy savings program (a) In general The Energy Policy and Conservation Act is amended by inserting after section 362 ( 42 U.S.C. 6322 ) the following: 362A. Community energy savings program (a) Purpose The purpose of this section is to help households and small businesses achieve cost savings by providing loans to implement cost-effective energy efficiency measures. (b) Definitions In this section: (1) Community development financial institution The term community development financial institution means a financial institution certified by the Community Development Financial Institutions Fund administered by the Secretary of the Treasury. (2) Eligible entity The term eligible entity means— (A) a public power group; (B) a community development financial institution; and (C) an eligible unit of local government. (3) Eligible unit of local government The term eligible unit of local government means any agency or political subdivision of a State. (4) Energy efficiency measures The term energy efficiency measures means, with respect to a property served by or in the service area or jurisdiction, as applicable, of an eligible entity, structural improvements and investments in cost-effective commercial technologies to increase energy efficiency (including cost-effective on- or off-grid renewable energy, energy storage, or demand response systems). (5) Household with a high energy burden (A) In general The term household with a high energy burden means a low-income household the residential energy burden of which exceeds the median energy burden for all low-income households in the State in which the low-income household is located. (B) Calculation The residential energy burden referred to in subparagraph (A) is the quotient obtained by dividing residential energy expenditures by the annual income of the low-income household. (6) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Manufactured home The term manufactured home — (A) has the meaning given the term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5402 ); and (B) includes a home described in subparagraph (A) without regard to whether the home was built before, on, or after the date on which the construction and safety standards established under section 604 of that Act ( 42 U.S.C. 5403 ) became effective. (8) Program The term program means the program established under subsection (c). (9) Public power group The term public power group means— (A) a public utility; (B) an electric or energy cooperative; (C) a public power district; and (D) a group of 1 or more public utilities or electric or energy cooperatives (commonly referred to as a joint action agency , generation and transmission cooperative , municipal power association , or State cooperative association ). (10) Qualified consumer The term qualified consumer means a consumer served by or in the service area or jurisdiction, as applicable, of an eligible entity that has the ability to repay a loan made under subsection (f), as determined by the eligible entity. (11) Secretary The term Secretary means the Secretary of Energy. (12) 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. (c) Establishment Not later than 120 days after the date of enactment of this section, the Secretary shall establish a program under which the Secretary shall provide grants to States and Indian tribes to provide loans to eligible entities in accordance with this section. (d) Grant fund allocation (1) In general Of the amount appropriated under subsection (k) for each fiscal year, the Secretary shall allocate as grant funds— (A) 98 percent to be provided to States in accordance with paragraph (2); and (B) 2 percent to be provided to Indian tribes in accordance with paragraph (3). (2) Allocation to States Of the amount allocated for all States under paragraph (1)(A), the Secretary shall— (A) allocate not less than 1 percent to each State described in subparagraphs (A) through (C) of subsection (b)(12); (B) allocate not less than 0.5 percent to each State described in subparagraph (D) of that subsection; and (C) of the amount remaining after the allocations under subparagraphs (A) and (B), allocate funds to States based on the population of each State as determined in the latest available decennial census conducted under section 141(a) of title 13, United States Code. (3) Allocation to Indian tribes Of the amount allocated for Indian tribes under paragraph (1)(B), the Secretary shall allocate funds to each Indian tribe participating in the program during that fiscal year based on a formula established by the Secretary that takes into account any factor that the Secretary determines to be appropriate. (4) Publication of allocation formulas Not later than 90 days before the beginning of each fiscal year for which grants are provided to States and Indian tribes under this section, the Secretary shall publish in the Federal Register the formulas for allocation established under this subsection. (5) Administrative costs Of the amount allocated to a State or Indian tribe under this subsection, not more than 15 percent shall be used by the State or Indian tribe for the administrative costs of administering loans. (e) Loans by States and Indian tribes to eligible entities (1) In general Under the program, a State or Indian tribe shall make loans to eligible entities to make loans to qualified consumers— (A) to implement cost-effective energy efficiency measures; and (B) in accordance with subsection (f). (2) State energy offices A State shall carry out paragraph (1) through the State energy office that is responsible for developing a State energy conservation plan under section 362. (3) Priority In making loans under paragraph (1), a State or Indian tribe shall give priority to public power groups. (4) Requirements (A) In general Subject to subparagraph (C), as a condition of receiving a loan under this subsection, an eligible entity shall— (i) establish a list of energy efficiency measures that are expected to decrease the energy use or costs of qualified consumers; (ii) prepare an implementation plan for use of the loan funds, including the use of any interest to be received under subsection (f)(4); (iii) establish an appropriate measurement and verification system to ensure— (I) the effectiveness of the energy efficiency loans made by the eligible entity; and (II) that there is no conflict of interest in any loan provided by the eligible entity; (iv) demonstrate expertise in the effective implementation of energy efficiency measures; (v) ensure that a portion of the loan funds, which may be determined by the State or Indian tribe, are used to provide loans to qualified consumers that are households with a high energy burden; and (vi) give priority to providing loans to qualified consumers that own homes or other real property that pose health risks to the occupants of the property that may be mitigated by energy efficiency measures, as determined by the State or Indian tribe. (B) Revision of list of energy efficiency measures Subject to the approval of the State or Indian tribe, as applicable, an eligible entity may update the list required under subparagraph (A)(i) to account for newly available efficiency technologies. (C) Existing energy efficiency programs An eligible entity that has established an energy efficiency program for qualified consumers before the date of enactment of this section may use an existing list of energy efficiency measures, implementation plan, and measurement and verification system for that program to satisfy the applicable requirements under subparagraph (A), if the State or Indian tribe, as applicable, determines that the list, plan, or system, as applicable, is consistent with the purposes of this section. (5) No interest A loan under this subsection shall bear no interest. (6) Term The term of a loan provided to an eligible entity under paragraph (1) shall not exceed 20 years after the date on which the loan is issued. (7) Advance (A) In general In providing a loan to an eligible entity under paragraph (1), a State or Indian tribe may provide an advance of loan funds on request of the eligible entity. (B) Amount limitation Any advance provided to an eligible entity under subparagraph (A) in any single year shall not exceed 50 percent of the approved loan amount. (C) Repayment The repayment of an advance under subparagraph (A) shall be amortized for a period of not more than 10 years. (8) Special advance for start-up activities (A) In general In providing a loan to an eligible entity under paragraph (1), a State or Indian tribe may provide a special advance on request of the eligible entity for assistance in defraying the start-up costs of the eligible entity, as determined by the State or Indian tribe, as applicable, of providing loans to qualified consumers under subsection (f). (B) Limitation A special advance shall be provided to an eligible entity under subparagraph (A) only during the 10-year period beginning on the date on which the loan is issued to that eligible entity. (C) Amount The amount of a special advance provided under subparagraph (A) shall not be greater than 5 percent of the approved loan amount. (D) Repayment Repayment of a special advance provided under subparagraph (A)— (i) shall be required during the 10-year period beginning on the date on which the special advance is made; and (ii) may be deferred to the end of the 10-year period described in clause (i) at the election of the eligible entity. (9) Revolving loan fund (A) In general As a condition of participating in the program, a State or Indian tribe shall use the funds repaid to the State or Indian tribe under loans offered under this subsection to issue new loans under this subsection. (B) Administrative costs Not more than 10 percent of the repaid funds described in subparagraph (A) may be used for the administrative cost of issuing new loans from those repaid funds under this subsection. (f) Loans by eligible entities to qualified consumers (1) Use of loan (A) In general A loan made by an eligible entity to a qualified consumer using loan funds provided by a State or Indian tribe under subsection (e)— (i) shall be used to finance energy efficiency measures for the purpose of decreasing the energy use or costs of the qualified consumer by an amount that ensures, to the maximum extent practicable, that the applicable loan term described in subparagraph (B) shall not be an undue financial burden on the qualified consumer, as determined by the eligible entity; (ii) shall not be used to fund purchases of, or modifications to, personal property unless the personal property is or becomes attached to real property as a fixture; (iii) may be used to upgrade a manufactured home, regardless of the classification of the home as real or personal property; and (iv) may be used to finance the replacement of a manufactured home— (I) if the cost of upgrading the manufactured home is excessive, as determined by the eligible entity; and (II) with priority given to a manufactured home that was constructed before June 15, 1976. (B) Loan term described The loan term referred to in subparagraph (A)(i) is— (i) in the case of a manufactured home replacement, not more than 20 years; and (ii) in the case of any other energy efficiency measure, not more than 15 years. (2) Repayment (A) In general Subject to subparagraph (B), a loan described in paragraph (1)(A) shall be repaid by the qualified consumer through charges added to an existing or new electric or recurring service bill for the property of the qualified consumer for, or at which, energy efficiency measures are being implemented. (B) Alternative repayment Repayment under subparagraph (A) shall not preclude— (i) the voluntary prepayment of the loan by the qualified consumer; or (ii) the use of any additional repayment mechanism, including a tariffed on-bill mechanism, that— (I) has appropriate risk mitigation features, as determined by the eligible entity; or (II) is required due to the qualified consumer no longer being a customer of the eligible entity. (3) Energy assessment (A) In general Prior to the installation of energy efficiency measures at the property of a qualified consumer that receives a loan from an eligible entity under this section, and to assist in the selection of the energy efficiency measures to be installed, the eligible entity shall conduct an energy assessment or audit to determine the impact of proposed energy efficiency measures on— (i) the energy costs and consumption of the qualified consumer; and (ii) the health and safety of the occupants of the property on which the energy efficiency measures are to be installed. (B) Field or online assessment An energy assessment or audit under subparagraph (A) may be conducted in the field or online, as determined by the State or Indian tribe that has issued a loan to the eligible entity under subsection (e). (4) Interest A loan described in paragraph (1)(A) may bear interest, not to exceed 5 percent, which may be used— (A) to establish a loan loss reserve for the eligible entity; (B) to offset the personnel and program costs of the eligible entity in providing the loan; and (C) for any other related purpose, as determined by the eligible entity, in consultation with the State or Indian tribe that has issued a loan to the eligible entity under subsection (e). (5) Outside contracts An eligible entity may enter into 1 or more contracts with 1 or more qualified entities, as determined by the State or Indian tribe that has issued a loan to the eligible entity under subsection (e)— (A) to assist the eligible entity in administering the loans described in paragraph (1)(A); and (B) to carry out any of the requirements of the eligible entity described in subsection (e)(4)(A). (g) Direct loans from States and Indian tribes A State or Indian tribe may act as an eligible entity under subsection (f) to provide loans directly to qualified consumers— (1) in accordance with that subsection; and (2) if the State or Indian tribe satisfies the requirements under subsection (e)(4), as determined by the Secretary. (h) Program administration (1) Plan Not later than 120 days after the date of enactment of this section, the Secretary shall establish and begin carrying out a plan— (A) to measure and verify the success of the program in implementing energy efficiency measures; (B) provide training to the employees of eligible entities relating to carrying out the requirements of eligible entities under this section; and (C) provide technical assistance to States, Indian tribes, and eligible entities relating to carrying out the requirements of this section. (2) Public awareness Not later than 120 days after the date of enactment of this section, the Secretary shall establish and begin carrying out a plan to make eligible entities and the general public aware of the program, including by developing a marketing program to raise awareness of the program. (3) Outside contracts (A) In general The Secretary may enter into 1 or more contracts with 1 or more qualified entities, as determined by the Secretary, to carry out paragraphs (1) and (2). (B) Use of subcontractors authorized A qualified entity that enters into a contract with the Secretary under subparagraph (A) may use 1 or more subcontractors to assist the qualified entity in carrying out the contract. (4) Accounting The Secretary, and each State and Indian tribe participating in the program, shall take appropriate steps to streamline the accounting requirements for eligible entities under the program while maintaining adequate assurances of the repayment of the loans made to those eligible entities under the program. (i) Effect on authority Nothing in this section shall impede, impair, or modify the authority of the Secretary to offer loans or grants under any other law. (j) Report (1) In general Not later than 15 months after the date on which the program is established, and 90 days after the end of each fiscal year for each fiscal year thereafter, the Secretary shall submit to the appropriate committees of Congress and make publicly available a report that describes, with respect to the program— (A) the number of applications received by each State and Indian tribe from eligible entities for that fiscal year; (B) the number of loans made by each State and Indian tribe for that fiscal year— (i) to eligible entities; and (ii) directly to qualified consumers; (C) the eligible entities that are the recipients of the loans described in subparagraph (B)(i); and (D) the manner in which the program was advertised to eligible entities and the general public. (2) Consultation The Secretary shall consult with and obtain information from States and Indian tribes in preparing the report submitted under paragraph (1). (k) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2023 through 2028. (2) Supplement not supplant The funding provided to a State or Indian tribe under subsection (d) for each fiscal year shall be used to supplement, not supplant, any Federal, State, or other funds otherwise made available to that State or Indian tribe under— (A) a State energy conservation plan established under part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq.); or (B) the weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq.). . (b) State energy conservation plans Section 362(d)(5) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(d)(5) ) is amended— (1) in subparagraph (A), by striking or at the end; (2) in subparagraph (B), by inserting or after the semicolon; and (3) by adding at the end the following: (C) which may include the community energy savings program under section 362A; . (c) Technical amendment The table of contents for the Energy Policy and Conservation Act ( Public Law 94–163 ; 89 Stat. 872) is amended by inserting after the item relating to section 362 the following: Sec. 362A. Community energy savings program. . | https://www.govinfo.gov/content/pkg/BILLS-117s1632is/xml/BILLS-117s1632is.xml |
117-s-1633 | II 117th CONGRESS 1st Session S. 1633 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to establish a program for the procurement of domestically grown unprocessed fruits and vegetables to provide healthier school meals, and for other purposes.
1. Short title This Act may be cited as the Local School Foods Expansion Act of 2021 . 2. Program for procurement of domestically grown unprocessed fruits and vegetables Section 6(f) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1755(f) ) is amended— (1) in the subsection heading, by striking Pilot project for procurement of and inserting Program for procurement of domestically grown ; (2) in paragraph (1)— (A) by striking conduct a pilot project and inserting carry out a program (referred to in this subsection as the program ) ; (B) by inserting domestically grown before unprocessed ; and (C) by striking 8 and inserting 14 ; (3) by striking pilot project each place it appears and inserting program ; (4) in paragraph (2), in the matter preceding subparagraph (A), by inserting domestically grown before unprocessed ; (5) in paragraph (4)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (A) the following: (B) the demonstrated commitment of the State to support small, local, and socially disadvantaged farmers; (C) the demonstrated commitment of the State to support Tribal agricultural producers and communities utilizing traditional foods; (D) whether the State will serve a high proportion of children from socially disadvantaged backgrounds in carrying out the program; ; (6) in paragraph (5)— (A) in the paragraph heading, by striking Recordkeeping and reporting and inserting Recordkeeping, reporting, and evaluation ; (B) in subparagraph (B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (iii) the challenges and opportunities presented by the program in the State. ; and (C) by adding at the end the following: (C) Program evaluation (i) In general Not later than 2 years after the date of enactment of this subparagraph, the Secretary shall evaluate the impact of the program, including with respect to— (I) the quantity and cost of each type of unprocessed fruit and vegetable procured by each State under the program; (II) the benefit of the procured unprocessed fruits and vegetables to school food service in each State, including the benefit to meeting school meal requirements; (III) the economic impact of the program on agricultural producers in the State; (IV) the economic, geographic, social, and administrative barriers to participation, including the reimbursement process, experienced by agricultural producers and school food authorities; and (V) eligibility requirements for agricultural producers, including any barriers to becoming approved vendors. (ii) Report Not later than 4 years after the date of enactment of this subparagraph, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the evaluation conducted under clause (i) and an analysis of that evaluation. ; and (7) by adding at the end the following: (6) Funding (A) Mandatory funding There is appropriated to carry out this subsection $25,000,000 for each of fiscal years 2022 through 2026. (B) Reservation for administrative costs; technical assistance (i) In general Of the funds appropriated under subparagraph (A) for each fiscal year, $10,000,000 shall be reserved for States selected under the program under paragraph (1) to carry out the activities described in clause (ii)(I). (ii) Administrative costs; technical assistance (I) In general The funds reserved under clause (i) shall be used— (aa) for the administrative costs of carrying out the program, including costs of satisfying record keeping and reporting requirements; (bb) to coordinate among or share with agencies and departments involved in carrying out the program in the State; and (cc) to provide technical assistance and outreach to— (AA) vendors to become certified to participate in the program; and (BB) school food authorities, regional food hubs, State and local agencies, Indian Tribal organizations, agricultural producers, socially disadvantaged farmers, and other entities to participate in the program. (II) Minimum allotment Of the funds reserved under clause (i), each State selected under paragraph (3)(A) shall receive not less than $500,000 for each fiscal year during which the State participates in the program. (C) Reservation for technical assistance to nonparticipating States Of the funds appropriated under subparagraph (A) for each fiscal year, $1,000,000 shall be reserved— (i) only if there are fewer than 14 States participating in the program that fiscal year; and (ii) to provide technical assistance with eligibility requirements for States seeking to participate in the program. . | https://www.govinfo.gov/content/pkg/BILLS-117s1633is/xml/BILLS-117s1633is.xml |
117-s-1634 | II 117th CONGRESS 1st Session S. 1634 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Manchin (for himself 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 require the Food and Drug Administration to determine whether to permit the use of enriched enrollment randomized withdrawal methodology with respect to clinical trials.
1. Short title This Act may be cited as the FDA Review of Efficacy of EERW Double-Blinds of Opioids Act or the FREED of Opioids Act . 2. Consideration of enriched enrollment randomized withdrawal methodology (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ), acting through the Commissioner of Food and Drugs, shall convene a meeting of the Anesthetic and Analgesic Drug Products Advisory Committee and the Drug Safety and Risk Management Advisory Committee of the Food and Drug Administration to vote on whether to permit the use of the enriched enrollment randomized withdrawal methodology in clinical trials of drugs, including opioid drugs. In conducting such review, the Secretary shall consider the report issued by the National Academy of Sciences under subsection (c). (b) Presentations If the Secretary allows for formal presentations in support of the use of the enriched enrollment randomized withdrawal methodology at the meeting described in subsection (a), the Secretary shall also allow for equal time at such meeting for presentations that are critical of such methodology. (c) NAS study and report The Secretary shall seek to enter into a contract with the National Academy of Sciences under which the National Academy— (1) conducts a study on the effectiveness of enriched enrollment randomized withdrawal methodology in demonstrating the efficacy of opioid drugs in treating chronic pain; and (2) not later than 1 year after the date of enactment of this Act, submits a report on such study to the Secretary. | https://www.govinfo.gov/content/pkg/BILLS-117s1634is/xml/BILLS-117s1634is.xml |
117-s-1635 | II 117th CONGRESS 1st Session S. 1635 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Paul (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a new nonimmigrant category for alien relatives of United States citizens and lawful permanent residents seeking to enter the United States temporarily for family purposes, and for other purposes.
1. Short title This Act may be cited as the Temporary Family Visitation Act . 2. Family purpose nonimmigrant visas for relatives of United States citizens and lawful permanent residents seeking to enter the United States temporarily (a) Establishment of new nonimmigrant visa category Section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ) is amended by striking and who is visiting the United States temporarily for business or temporarily for pleasure; and inserting “and who is visiting the United States temporarily for— (i) business; (ii) pleasure; or (iii) family purposes; . (b) Requirements applicable to family purpose visas (1) In general Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) Requirements applicable to family purpose visas (1) Definitions In this subsection and section 101(a)(15)(B)(iii): (A) Family purposes The term family purposes means any visit by a relative for a social, occasional, or any other purpose. (B) Relative The term relative means the spouse, child, son, daughter, grandchild, parent, grandparent, sibling, uncle, aunt, niece, and nephew of a citizen of the United States or an alien lawfully admitted for permanent residence. (2) Requirement A relative seeking admission pursuant to a visa issued under section 101(a)(15)(B)(iii) is inadmissible unless— (A) the individual petitioning for such admission, or an additional sponsor, has submitted to the Secretary of Homeland Security an undertaking under section 213 in the form of a declaration of support (Form I–134); and (B) such relative has obtained, for the duration of his or her stay in the United States, a health insurance policy (such as an additional travel health insurance policy or an existing health insurance policy that includes travel health care costs) with minimum policy requirements, as determined by the Secretary. (3) Period of authorized admission The period of authorized admission for a nonimmigrant described in section 101(a)(15)(B)(iii) shall not exceed 90 days. (4) Petitioner requirement (A) In general An individual may not petition for the admission of a relative as a nonimmigrant described in section 101(a)(15)(B)(iii) if the individual previously petitioned for the admission of such a relative who— (i) was admitted to the United States pursuant to a visa issued under that section as a result; and (ii) overstayed his or her period of authorized admission. (B) Previous petitioners An individual petitioning for the admission of a relative as a nonimmigrant described in section 101(a)(15)(B)(iii) who has previously petitioned for such a relative shall submit to the Secretary of Homeland Security evidence demonstrating that the relative on behalf of whom the individual previously petitioned did not overstay his or her period of authorized admission. . (c) Restriction on change of status Section 248(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1258(a)(1) ) is amended to read as follows: (1) an alien classified as a nonimmigrant under subparagraph (B)(iii), (C), (D), (K), or (S) of section 101(a)(15), . (d) Family purpose visa eligibility while awaiting immigrant visa Notwithstanding section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ), a nonimmigrant described in section 101(a)(15)(B)(iii) of that Act who has been classified as an immigrant under section 201 of that Act ( 8 U.S.C. 1151 ) and is awaiting the availability of an immigrant visa subject to the numerical limitations under section 203 of that Act ( 8 U.S.C. 1153 ) may be admitted pursuant to a family purpose visa, in accordance with section 214(s) of that Act, if the individual is otherwise eligible for admission. | https://www.govinfo.gov/content/pkg/BILLS-117s1635is/xml/BILLS-117s1635is.xml |
117-s-1636 | II 117th CONGRESS 1st Session S. 1636 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Marshall (for himself, Mr. Scott of South Carolina , Mr. Inhofe , Mr. Burr , Mr. Cassidy , 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 clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.
1. Short title This Act may be cited as the Save Local Business Act . 2. Clarification of joint employment (a) National Labor Relations Act Section 2(2) of the National Labor Relations Act ( 29 U.S.C. 152(2) ) is amended— (1) by striking The term employer and inserting (A) The term employer ; and (2) by adding at the end the following: (B) An employer may be considered a joint employer of the employees of another employer only if each employer directly, actually, and immediately exercises significant control over the essential terms and conditions of employment of the employees of the other employer, such as hiring such employees, discharging such employees, determining the rate of pay and benefits of such employees, supervising such employees on a day-to-day basis, assigning such employees a work schedule, position, or task, or disciplining such employees. . (b) Fair Labor Standards Act of 1938 Section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) ) is amended— (1) by striking Employer includes and inserting (1) Employer includes ; and (2) by adding at the end the following: (2) An employer may be considered a joint employer of the employees of another employer for purposes of this Act only if each employer meets the criteria set forth in section 2(2)(B) of the National Labor Relations Act ( 29 U.S.C. 152(2)(B) ) except that, for purposes of determining joint-employer status under this Act, the terms employee and employer referenced in such section shall have the meanings given such terms in this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s1636is/xml/BILLS-117s1636is.xml |
117-s-1637 | II 117th CONGRESS 1st Session S. 1637 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mrs. Blackburn (for herself, Mr. Cotton , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To impose certain measures with respect to Hizballah-dominated areas in Lebanon and to impose sanctions with respect to senior foreign political figures in Lebanon supporting Hizballah.
1. Short title This Act may be cited as the Hizballah Money Laundering Prevention Act of 2021 . 2. Measures with respect to Hizballah-dominated areas in Lebanon (a) Determination regarding jurisdictions of Lebanon (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall determine, under section 5318A of title 31, United States Code, whether reasonable grounds exist for concluding that any of the jurisdictions of Lebanon described in paragraph (2) are jurisdictions of primary money laundering concern. (2) Jurisdictions described The jurisdictions of Lebanon described in this paragraph are the following: (A) The Nabatieh Governorate. (B) The Haret Hreik municipality in the Baabda district in the Dahieh suburbs south of Beirut. (C) The Chiyah municipality in the Baabda district in the western suburbs of Beirut. (D) The Hadeth Beirut municipality in the Baabda district in the suburbs of Beirut. (E) The Hermel district in the Baalbek-Hermel Governorate. (F) The Baalbek and Temnin el-Foka municipalities in the Baalbe-Hermel Governorate. (G) The Tyre district in the South Governorate. (b) Prohibitions or conditions on opening or maintaining certain correspondent or payable-Through accounts If the Secretary of the Treasury determines under subsection (a) that reasonable grounds exist for concluding that any jurisdiction described in that subsection (a) is a jurisdiction of primary money laundering concern, the Secretary, in consultation with the Federal functional regulators (as defined in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 )), shall impose the special measures described in section 5318A(b)(5) of title 31, United States Code, with respect to the Central Bank of Syria. (c) Report required (1) In general Not later than 90 days after making a determination under subsection (a) with respect to whether a jurisdiction is a jurisdiction of primary money laundering concern, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that includes the reasons for the determination. (2) Form A report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (3) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. 3. Sanctions with respect to senior foreign political figures in Lebanon supporting Hizballah (a) In general The President shall impose the sanctions described in section 1263(b) of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) with respect to each individual on the list required by subsection (b). (b) List (1) In general Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of individuals who are senior foreign political figures in Lebanon that the President determines— (A) have knowingly provided material support to or engaged in a significant transaction with Hizballah; or (B) meet the criteria for the imposition of sanctions under— (i) the Hizballah International Financing Prevention Act of 2015 ( Public Law 114–102 ; 50 U.S.C. 1701 note); or (ii) the Global Magnitsky Human Rights and Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note). (2) Form The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (c) Exception to comply with United Nations Headquarters Agreement; Enforcement Subsections (e) and (f) of section 1263 of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 note) apply with respect to the imposition of sanctions under this section to the same extent as such subsections apply with respect to the imposition of sanctions under such section 1263. (d) Waiver The President may waive the imposition of sanctions under subsection (a) with respect to an individual if the President— (1) determines that such a waiver is in the national interests of the United States; and (2) submits to the appropriate congressional committees notice of, and a justification for, the waiver. (e) Regulatory Authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (f) Exception relating to importation of goods (1) In general The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Good defined In this subsection, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (g) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s1637is/xml/BILLS-117s1637is.xml |
117-s-1638 | II 117th CONGRESS 1st Session S. 1638 IN THE SENATE OF THE UNITED STATES May 13, 2021 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect immigrant families, combat fraud, promote citizenship, and build community trust, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Fairness for Immigrant Families Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Protecting immigrant families Subtitle A—Expansion of admissibility Sec. 101. Promoting family unity. Sec. 102. Extension of the application period for certain aliens present in the United States for adjustment of status. Subtitle B—Relief from removal Sec. 111. Individuals previously removed. Sec. 112. Expansion of cancellation of removal. Sec. 113. Prohibition on removal of aliens with pending applications. Sec. 114. Motions to reopen in cases involving fraud, negligence, misrepresentation, extortion, and unauthorized practice of law. Subtitle C—Provisions relating to removal of parents of United States citizens Sec. 121. Review of and reporting on removal of parents of United States citizens. Sec. 122. Report on enforcement actions against parents of United States citizens and DACA recipients. Sec. 123. Report on United States citizens mistakenly detained or deported. Sec. 124. Protections for United States citizen children abroad. TITLE II—Combating fraud and promoting citizenship Sec. 201. Combating immigration services fraud. Sec. 202. Requirements for immigration consultants. Sec. 203. Fee and backlog transparency. Sec. 204. National Office for New Americans. TITLE III—Building community trust Sec. 301. Protecting aliens who are victims of or witnesses to crimes or are defending civil rights. Sec. 302. Semiannual report on certain enforcement actions. Sec. 303. Rule of construction. 2. Findings Congress makes the following findings: (1) Immigration plays a defining role in the identity of the United States. Families throughout the United States have roots in the immigration experience of earlier generations of immigrants who came to the United States seeking better opportunities, safety from persecution, and ultimately, a chance at the American dream. (2) While the ancestors of some families arrived centuries ago, other families are continuing that tradition today. Approximately 38,000,000 second-generation Americans are living in the United States. As of 2019, 17,800,000 children in the United States, or 26 percent, lived with 1 or more immigrant parents. Just over 1 in 4 residents of the United States is an immigrant or the child of immigrants. (3) In the United States— (A) 16,700,000 individuals live in a household with 1 or more family members who are not authorized to be in the United States; (B) 5,900,000 United States citizen children live in a household with 1 or more family members who are not authorized to be in the United States; and (C) 8,000,000 United States citizens live in a household with 1 or more family members who are not authorized to be in the United States. (4) Children of immigrants are the future workers, leaders, voters, parents, and taxpayers of the United States and are critical to the health and well-being of the United States. (5) Second-generation Americans closely reflect or exceed the national average household income, homeownership rate, and college graduation rate. (6) In their pursuit of the American dream, generations of immigrant families have contributed to their communities in the United States and will continue to do so, including as essential workers who keep the United States running at great risk to themselves and their families. (7) Immigrants play a critical role in the United States economy, and providing a path to citizenship for undocumented immigrants is a necessary part of maintaining the economic strength of the United States. (8) Immigrant entrepreneurs account for almost 30 percent of all new entrepreneurs in the United States, and immigrants are almost twice as likely as the United States-born population to become entrepreneurs. (9) Undocumented immigrants contribute over $11,000,000,000 in State and local taxes each year. (10) Removing undocumented residents from mixed-status households cuts the median income of such households by 47 percent. (11) Approximately 1,200,000 mortgages are held by households with 1 or more undocumented individuals. (12) Indiscriminate immigration enforcement and the threat of immigration enforcement negatively impact the health, development, and well-being of children at risk of separation from a loved one due to detention or removal from the United States. Neurobiological research demonstrates the acute and lasting trauma that family separation, and the threat of separation, causes in children, such as changes in the architecture of the brain and increased likelihood to experience emotional and behavioral issues, depression, anxiety, post-traumatic stress disorder, and suicidal ideation. 3. Definitions In this Act: (1) In general Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given the term in the immigration laws. (2) DACA recipient The term DACA recipient means an alien who has been granted deferred action pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (3) Immigration laws The term immigration laws has the meaning given the term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). I Protecting immigrant families A Expansion of admissibility 101. Promoting family unity (a) Elimination of 3-Year and 10-Year bars and modification of permanent bar Section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ) is amended— (1) by striking subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (B); and (3) in subparagraph (B), as so redesignated— (A) by amending clause (i) to read as follows: (i) In general Any alien who knows he or she has received a final order of removal under section 240, and who enters or attempts to reenter the United States without being admitted, is inadmissible. ; (B) by amending clause (ii) to read as follows: (ii) Exceptions (I) Consent to reapplication for admission Clause (i) shall not apply to an alien seeking admission on a date that is more than 3 years after the date on which the alien last departed the United States if, before the reembarkation of the alien at a place outside the United States or the attempt by the alien to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to a reapplication for admission by the alien. (II) Minors Clause (i) shall not apply to an alien who is under 18 years of age. (III) Asylees Clause (i) shall not apply to an alien who has a bona fide application for asylum pending under section 208. (IV) Family unity Clause (i) shall not apply to an alien who is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 ( 8 U.S.C. 1255a note). (V) Victims of a severe form of trafficking in persons Clause (i) shall not apply to an alien who demonstrates that 1 or more severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) was a central reason for the unlawful presence of the alien in the United States. (VI) Aliens who entered as children Clause (i) shall not apply to an alien who— (aa) is the beneficiary of an approved petition under section 101(a)(15)(H); (bb) (AA) is in school, has graduated from high school, has obtained a general education development certificate recognized under State law or a high school equivalency diploma; or (BB) is serving in the armed forces (as defined in section 101(a) of title 10, United States Code) or is an honorably discharged veteran of the armed forces; and (cc) had not yet reached the age of 16 years on the date on which the alien initially entered the United States. ; and (C) in clause (iii)— (i) by striking the clause designation and heading and all that follows through Security and insert the following: (iii) Waivers (I) VAWA self-petitioners The Attorney General or the Secretary of Homeland Security, as applicable, ; and (ii) by adding at the end the following: (II) Extreme hardship The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive clause (i) in the case of an alien who is the parent, spouse, or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General or the Secretary that a denial of admission to the alien would result in extreme hardship to the United States citizen or lawfully admitted permanent resident son or daughter, spouse, or parent of the alien. . (b) Misrepresentation of citizenship The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended— (1) in section 212 ( 8 U.S.C. 1182 )— (A) in subsection (a)(6)(C)— (i) by amending clause (ii) to read as follows: (ii) Misrepresentation of citizenship (I) In general Any alien who knowingly and willfully misrepresents, or has knowingly and willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is inadmissible. (II) Exception In the case of an alien who was under the age of 21 years at the time of making a misrepresentation described in subclause (I), the alien shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation. ; and (ii) in clause (iii), by striking of clause (i) ; and (B) by amending subsection (i)(1) to read as follows: (i) (1) The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of subsection (a)(6)(C) in the case of an alien who is the parent, spouse, son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence and in the case of an alien who is an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A), if it is established to the satisfaction of the Attorney General or the Secretary that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States. ; and (2) by amending section 237(a)(3)(D) ( 8 U.S.C. 1227(a)(3)(D) ) to read as follows: (D) Misrepresentation of citizenship (i) In general Any alien who knowingly and willfully misrepresents, or has knowingly and willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. (ii) Exception In the case of an alien who was under the age of 21 years at the time of making a misrepresentation described in clause (i), the alien shall not be considered to be deportable under any provision of this subsection based on such misrepresentation. . (c) Conforming amendments (1) Section 214(q) of the Immigration and Nationality Act ( 8 U.S.C. 1184(q) ) is amended— (A) by striking paragraph (2); (B) in paragraph (3)(C), by striking paragraphs (6)(A), (7), and (9)(B) and inserting paragraphs (6)(A) and (7) ; and (C) by redesignating paragraph (3) as paragraph (2). (2) Section 245(h)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1255(h)(2)(A) ) is amended by striking (7)(A), and (9)(B) and inserting and (7)(A) . (3) Section 248(a) of the Immigration and Nationality Act ( 8 U.S.C. 1258(a) ) is amended, in the matter preceding paragraph (1), by striking and who is not inadmissible under section 212(a)(9)(B)(i) and all that follows through section 212(a)(9)(B)(v)) . 102. Extension of the application period for certain aliens present in the United States for adjustment of status Section 245(i) of the Immigration and Nationality Act ( 8 U.S.C. 1255(i) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), in the undesignated matter following clause (ii), by striking the semicolon and inserting ; and ; (B) in subparagraph (B)— (i) in clause (i), by striking April 30, 2001 and inserting the date that is not later than 5 years after the date of the enactment of the Fairness for Immigrant Families Act ; and (ii) in clause (ii), by striking ; and and inserting a period; and (C) by striking subparagraph (C); and (2) by amending paragraph (3)(B) to read as follows: (B) Any remaining portion of such fees remitted under such paragraphs shall be deposited into the Immigration Examinations Fee Account established under section 286(m). . B Relief from removal 111. Individuals previously removed (a) Discretionary reinstatement of removal orders Section 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(5) ) is amended— (1) by striking If the Attorney General and inserting the following: (A) In general Except as provided in subparagraph (B), if the Secretary of Homeland Security ; and (2) by adding at the end the following: (B) Exceptions (i) In general Subparagraph (A) shall not apply to an alien— (I) who has not attained the age of 18 years on the date on which the alien reenters the United States; or (II) the reinstatement of the prior order of removal of whom— (aa) is not in the public interest; (bb) would result in hardship to the United States citizen or lawful permanent resident parent, spouse, or child of the alien; or (cc) would prevent consideration of an application for asylum that has not been previously adjudicated. (ii) Rule of construction For purposes of this paragraph, family separation shall be considered— (I) not in the public interest; and (II) a hardship. . (b) Motions To reopen and reconsider Section 240(c) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c) ) is amended by adding at the end the following: (8) Special rule for relatives of United States citizens (A) In general Notwithstanding subparagraphs (A) and (B) of paragraph (6) and subparagraphs (A) and (C) of paragraph (7)— (i) an alien described in subparagraph (B) may file a motion to reconsider under paragraph (6) or a motion to reopen under paragraph (7) at any time and without numerical limitation; and (ii) the Attorney General shall consider any such motion. (B) Alien described An alien described in this subparagraph is an alien who is— (i) outside the United States after having been excluded, deported, or removed from, or ordered to voluntarily depart, the United States on or after January 20, 2017; and (ii) the spouse, child, or parent of a citizen of the United States or an alien lawfully admitted for permanent residence. (C) Treatment of physical presence For purposes of any physical presence or continuous residence requirement for relief under the immigration laws, with respect to an alien described in subparagraph (B), a period outside the United States after having been excluded, deported, or removed from, or ordered to voluntarily depart the United States on or after January 20, 2017, shall not be considered to toll or break the alien's physical presence or continuous residence in the United States. . 112. Expansion of cancellation of removal (a) In general Section 240A of the Immigration and Nationality Act ( 8 U.S.C. 1229b ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking 10 and inserting 7 ; and (ii) by amending subparagraph (D) to read as follows: (D) establishes that removal would result in extreme hardship to— (i) the alien; or (ii) the alien's spouse, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence. ; and (B) by adding at the end the following: (7) Affirmative application process (A) In general The Secretary of Homeland Security may cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien described in paragraph (1) or (2), who— (i) demonstrates that the alien is the spouse, parent, son or daughter, or legal guardian of a citizen of the United States; and (ii) submits to the Secretary of Homeland Security an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (B) Numerical limitations Notwithstanding any other provision of law, an alien admitted to the United States under this section shall not be subject to any numerical limitation. ; and (2) by striking subsection (e). (b) Regulations The Secretary of Homeland Security shall promulgate regulations setting forth procedures and requirements with respect to the processing and adjudication of affirmative applications for cancellation of removal under paragraph (7) of section 240A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(b) ), as added by subsection (a)(1)(B). 113. Prohibition on removal of aliens with pending applications (a) In general Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) is amended— (1) in the section heading, by inserting ; prohibition on removal after hearing ; and (2) by adding at the end the following: (e) Prohibition on removal of aliens with certain pending petitions and applications (1) Beneficiaries of petitions for immigrant visas An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of Homeland Security and who is prima facie eligible for approval may not be removed while such petition or application is pending or a decision on such petition or application is on appeal. (2) Applicants for certain nonimmigrant and special immigrant classifications and cancellation of removal An applicant for classification as a nonimmigrant described in subparagraph (T), (U), or (V) of section 101(a)(15), an applicant for classification as a special immigrant under section 101(a)(27)(J), or an applicant for cancellation of removal under section 240A may not be removed while such application is pending or a decision on such application is on appeal. . (b) Conforming amendment The table of contents at the beginning of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended by striking the item relating to section 235 and inserting the following: Sec. 235. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing; prohibition on removal. . 114. Motions to reopen in cases involving fraud, negligence, misrepresentation, extortion, and unauthorized practice of law Section 240(c)(7)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C) ) is amended by adding at the end the following: (v) Fraud, negligence, misrepresentation, or extortion by, or attempted, promised, or actual practice of law without authorization on the part of a representative Notwithstanding subparagraph (A) and clause (i), an alien may file a motion to reopen at any time to apply for relief due to fraud, negligence, misrepresentation, or extortion by, or attempted, promised, or actual practice of law without authorization on the part of, a representative described in subsection (a) or (b) of section 1292.1 of title 8, Code of Federal Regulations, or a person who claimed to be such a representative if the alien establishes by a preponderance of the evidence such fraud, negligence, misrepresentation, or extortion by, or attempted, promised, or actual practice of law without authorization on the part of, such a representative or person. . C Provisions relating to removal of parents of United States citizens 121. Review of and reporting on removal of parents of United States citizens (a) In general Before the removal from the United States of an alien parent or legal guardian of a child under the age of 21 years who is a citizen of the United States or an alien lawfully admitted for permanent residence, the Director of U.S. Immigration and Customs Enforcement (referred to in this section as the Director ) shall review and approve the removal of such alien. (b) Quarterly report Not less frequently than quarterly, the Director shall submit to Congress a report on each review conducted under subsection (a) during the preceding quarter that describes the result of the review. (c) Nondelegation The Director may not delegate the responsibilities under this section. 122. Report on enforcement actions against parents of United States citizens and DACA recipients With respect to alien parents of children who are citizens of the United States, aliens lawfully admitted for permanent residence, or DACA recipients— (1) not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report on the number of such aliens removed from the United States during the period beginning on January 20, 2017, and ending on January 20, 2021; and (2) not less frequently than quarterly, the Secretary of Homeland Security shall submit to Congress, for the preceding quarter, a report on— (A) the number of such aliens arrested by U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection; (B) the number of such aliens detained by U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection; (C) the number of such aliens for whom U.S. Immigration and Customs Enforcement has obtained an order of removal; (D) the number of such aliens removed from the United States and the countries to which such aliens were removed; and (E) the number of such aliens processed through partnership programs with local law enforcement, including— (i) the Secure Communities immigration enforcement program operated by U.S. Immigration and Customs Enforcement; (ii) a written agreement under section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ); and (iii) detainers placed by U.S. Immigration and Customs Enforcement. 123. Report on United States citizens erroneously detained or deported (a) Initial report Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report on the number of United States citizens detained or removed from the United States during the period beginning on January 20, 2017, and ending on January 20, 2021. (b) Quarterly report Not less frequently than quarterly, the Secretary of Homeland Security shall submit to Congress a report on any United States citizen detained or removed from the United States during the preceding quarter, including a description of the actions taken by the Secretary in response to each such detention or removal. 124. Protections for United States citizen children abroad (a) Report on United States citizen children accompanying removed parents (1) In general Not less frequently than semiannually, the Secretary of State, with the cooperation of the Secretary of Homeland Security, shall submit to Congress a report on known citizens of the United States under the age of 18 years who leave the United States to accompany an alien parent or legal guardian who has been removed from the United States. (2) Elements Each report required by paragraph (1) shall include, for the preceding reporting period— (A) the number of such citizens of the United States; and (B) for each such citizen of the United States— (i) his or her current age; (ii) the age at which he or she departed the United States; (iii) his or her country of residence; (iv) an assessment whether— (I) either parent was deported or removed from the United States; (II) either parent remains in the United States; and (III) he or she was in foster care in the United States at any time; and (v) an identification of any pending custody case in the United States with respect to such citizen, as applicable. (3) Cooperation of Secretary of Homeland Security The Secretary of Homeland Security shall provide to the Secretary of State any data of the Department of Homeland Security that the Secretary of State may require to prepare the report under this subsection. (b) Directorate of community outreach There is established within the Department of State a directorate for the purpose of conducting outreach to citizens of the United States under the age of 18 years who have left the United States to accompany an alien family member who has been removed from the United States. II Combating fraud and promoting citizenship 201. Combating immigration services fraud (a) Schemes To provide fraudulent immigration services (1) In general Chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Schemes to provide fraudulent immigration services (a) In general (1) Offense It shall be unlawful to knowingly or recklessly execute a scheme or artifice, in connection with any matter that is authorized by or arises under any Federal immigration law or any matter the offender claims or represents is authorized by or arises under any Federal immigration law, to— (A) defraud any person; or (B) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, or promises. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned for not more than 10 years, or both. (b) Misrepresentation (1) Offense It shall be unlawful for a person to knowingly and falsely represent that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned for not more than 15 years, or both. (c) Reimbursement Any person convicted of an offense under this section shall fully reimburse the client for any services that person fraudulently provided. . (2) Clerical amendment The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1040 the following: 1041. Schemes to provide fraudulent immigration services. . (b) Local immigration consumer fraud information hotlines and assistance websites Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq.) is amended by adding at the end the following: OO Immigration consumer fraud hotlines and websites 3051. Immigration consumer fraud hotlines and websites (a) Grant authorization The Attorney General shall make grants to States, units of local government, or any combination thereof, in partnership with stakeholders, service providers, and nonprofit organizations. (b) Mandatory grant uses Grant funds awarded under this section shall be expended for each of the following purposes: (1) Immigration consumer fraud information websites To provide for the establishment and operation of an immigration consumer fraud information and assistance website, which shall be a highly secure internet website that provides information and assistance to victims of immigration consumer fraud. In establishing and operating the immigration consumer fraud and assistance website, the grantee shall— (A) use grant funds for startup and operation costs associated with establishing and operating the website; (B) use a name or acronym as part of its web address that identifies the website with the geographic locality receiving the grant under subsection (a); (C) provide accurate information that describes the services available to immigration consumer fraud victims, including free or low-cost legal assistance; (D) clearly include, in all pages of the website, that the information presented is for reference purposes only and does not constitute as legal advice; and (E) must provide translation of website content, in languages that are consistent with the criteria outlined in subsection (d)(2)(E)(i), either with a web page interface, or mirrored pages. (2) Immigration consumer fraud hotlines To establish or expand an immigration consumer fraud hotline to provide information and assistance to victims of immigration consumer fraud. In addition, grantees may, in operating with the hotline, work in conjunction with other local programs and activities that serve victims of immigration consumer fraud. In establishing and operating the hotline, the entity shall— (A) contract with a carrier for the use of a toll-free telephone line; (B) employ, train and supervise personnel to answer incoming calls and provide assistance and referral services to callers on a 24-hour-a-day basis; (C) assemble and maintain a current database of information relating to services for victims of immigration consumer fraud to which callers throughout the United States may be referred; and (D) be prohibited from asking hotline callers about their citizenship status. (c) Rule of construction Nothing in this Act shall require a grantee receiving funds under this Act to comply with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the use of services provided under this Act by an individual. (d) Application The Attorney General may approve an application for a grant under this section only if such application— (1) contains such agreements, assurances, and information, be in such form, and be submitted in such manner, as the Attorney General shall by rule require; (2) in the case of an application for a grant to carry out activities described in subsection (b)(2), includes a complete description of the applicant’s plan for the operation of an immigration consumer fraud hotline, including descriptions of— (A) the training program for hotline personnel, including technology training to ensure that all persons affiliated with the hotline are able to effectively operate any technological systems used by the hotline; (B) the hiring criteria for hotline personnel; (C) the methods for the creation, maintenance, and updating of a resource database; (D) a plan for publicizing the availability of the hotline; (E) a plan for providing service to non-English speaking callers that— (i) is based on data from the bureau of the census and be consistent with the local area demographics where the immigration consumer fraud hotline will operate such plan will outline which languages are most prevalent and commonly requested for translation services; or (ii) is based on qualitative and quantitative observation from community service providers offering immigration-related services; and (F) a plan for facilitating access to the hotline by persons with hearing impairments; and (3) in the case of an application for a grant to carry out activities described in subsection (b)(1)— (A) include a complete description of the applicant’s plan for the development, operation, maintenance, and updating of information and resources of the immigration consumer fraud information and assistance website; (B) include a certification that the applicant will implement a high level security system to ensure the confidentiality of the website, taking into consideration the safety of immigration consumer fraud victims; (C) include an assurance that, after the third year of the website project, the recipient of the grant will develop a plan to secure other public or private funding resources to ensure the continued operation and maintenance of the website; and (D) demonstrate that the applicant has recognized expertise in the area of immigration consumer fraud and a record of high quality service to victims of immigration consumer fraud, including a demonstration of support from advocacy groups. (e) Renewal of grants A grant made under this section may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. (f) No cost extensions Notwithstanding subsection (e), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $15,000,000 for fiscal year 2022 and each succeeding fiscal year. (2) Websites Of the amounts appropriated to carry out this section, not less than 20 percent shall be used for purposes of carrying out activities under subsection (b)(1). (3) Availability Funds authorized to be appropriated under this section may remain available until expended. (h) Prohibition of data sharing for immigration enforcement purposes (1) In general Notwithstanding section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ), an entity receiving a grant under this section may not disclose or use personally identifiable information provided by individuals using a website or a hotline, a website or hotline under subsection (b), for the purposes of enforcing the immigration laws. (2) Referrals prohibited An entity receiving a grant under this section may not refer any individual participating in any program funded under this section to U.S. Immigration and Customs Enforcement or to U.S. Customs and Border Protection. (3) Personally identifiable information defined For purposes of this section, the term personally identifiable information means any information about an individual elicited, collected, stored, or maintained by an entity receiving a grant under this section, including— (A) any information that can be used to distinguish or trace the identity of an individual, such as a name, residential address, a social security number, a date and place of birth, or a parent's maiden name; and (B) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. 3052. Report A State or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of the programs carried out with a grant under this part. . (c) Grants to states and local jurisdictions To promote outreach campaigns against immigration consumer fraud Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq.), as amended by subsection (b), is amended by inserting after part OO the following: PP Grants to States and local jurisdictions to promote outreach campaigns against immigration consumer fraud 3061. Grants to States and local jurisdictions to promote outreach campaigns against immigration consumer fraud (a) Grant authorization (1) In general The Attorney General shall make grants to States, units of local government, or any combination thereof, in partnership with stakeholders, service providers, and nonprofit organizations. (2) Purpose The purpose of grants distributed under this subsection is to enable States and localities to work with parties in paragraph (1) to carry out outreach campaigns in any of the following: (A) Access to legal resources, including free or low-cost legal resources for persons of low-income. (B) Workshops educating the general public on immigration consumer fraud, including methods to identify such fraud and best practices on prevention. (C) Hiring of casework staff, attorneys, translators, accredited representatives and other similar staff to provide support for outreach objectives. (D) Printed materials or digital media designed with the intent to educate the public on where to obtain trusted legal resources, and how to prevent becoming a victim of immigration consumer fraud. (E) Public service announcements in television or radio, providing information on resources and assistance on preventing immigration consumer fraud. (F) Translation services, including translated equivalents of subparagraphs (A), (B), (C) or (D), consistent with the grantee’s immediate translation needs based on— (i) data from the Bureau of the Census and be consistent with the local area demographics where the outreach campaign will operate, along with a description of the languages are most prevalent or commonly requested for translation services; or (ii) quantitative or qualitative observation from community service providers offering immigration-related services. (b) Contents In accordance with such requirements as the Attorney General may by rule establish, each application for a grant under this section shall— (1) include a long-term strategy and detailed implementation plan that reflects consultation with community groups and appropriate stakeholders; (2) explain the applicant’s inability to address the need without Federal assistance; (3) identify related governmental and community initiatives which compliment or will be coordinated with the proposal; and (4) identify local service providers and nonprofit organizations that have substantial or significant experience dealing with immigration-related matters. (c) Renewal of grants A grant made under this section may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. (d) No cost extensions Notwithstanding subsection (c), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award. (e) Suspension of funds If the Attorney General determines that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application, the Attorney General may revoke or suspend funding of that grant, in whole, or in part. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022 and each succeeding fiscal year. (2) Availability Funds authorized to be appropriated under this section may remain available until expended. (g) Prohibition on data sharing for immigration enforcement purposes (1) In general Notwithstanding section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1373), an entity receiving a grant under this section may not disclose or use personally identifiable information provided by individuals participating in outreach campaigns specified in subsection (a) for the purposes of enforcing the immigration laws. (2) Referrals prohibited An entity receiving a grant under this section may not refer any individual participating in any program funded under this section to U.S. Immigration and Customs Enforcement or to U.S. Customs and Border Protection. (3) Personally identifiable information defined For purposes of this section, the term personally identifiable information means any information about an individual elicited, collected, stored, or maintained by an entity receiving a grant under this section, including— (A) any information that can be used to distinguish or trace the identity of an individual, such as a name, residential address, a social security number, a date and place of birth, or a parent's maiden name; and (B) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information 3062. Report A State or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of the programs carried out with a grant under this part. . (d) Grants to States and local jurisdictions To increase enforcement against immigration consumer fraud Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq.), as amended by subsections (b) and (c), is amended by inserting after part PP the following: QQ Grants to states and local jurisdictions to increase enforcement against immigration consumer fraud 3071. Grants to states and local jurisdictions to increase enforcement against immigration consumer fraud (a) Grant authorization (1) In general The Attorney General shall make grants to States, units of local government, or any combination thereof. (2) Purpose The purpose of grants distributed under this subsection is to enable States and localities to increase the enforcement of— (A) State and local laws against immigration consumer fraud; and (B) section 1041 of title 18, United States Code. (3) Permitted use of funds A State or unit of local government that receives a grant under this section may use funds from the grant for activities, including— (A) hiring staff, such as compliance officers that are charged with investigating and enforcing Federal, State, and local laws against immigration consumer fraud; (B) training staff, such as the compliance officers described in subparagraph (A); (C) investigating complaints of immigration consumer fraud; and (D) taking action against violations of Federal, State, and local laws relating to immigration consumer fraud, which may include the prosecution of violators. (b) Contents In accordance with such requirements as the Attorney General may by rule establish, each application for a grant under this section shall— (1) include a detailed implementation plan that reflects consultation with community groups and appropriate stakeholders; and (2) explain the inability of the State or unit of local government to address the need to increase enforcement of immigration consumer fraud laws without Federal assistance. (c) Renewal of grants A grant made under this section may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. (d) No cost extensions Notwithstanding subsection (c), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award. (e) Suspension of funds If the Attorney General determines that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application, the Attorney General may revoke or suspend funding of that grant, in whole, or in part. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022 and each succeeding fiscal year. (2) Availability Funds authorized to be appropriated under this section may remain available until expended. (g) Prohibition on data sharing for immigration enforcement purposes (1) In general (A) Disclosure prohibited Notwithstanding section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1373), an entity receiving a grant under this section may not disclose or use personally identifiable information provided by an individual involved with the work funded under this section for the purposes of enforcing the immigration laws. (B) Exception An entity receiving a grant under this section may disclose or use personally identifiable information provided by an individual involved with the work funded under this section if— (i) the disclosure or use required in order to prosecute a case; and (ii) the individual explicitly permits the use or disclosure. (2) Referrals prohibited An entity receiving a grant under this section may not refer any individual involved with work funded under this section to U.S. Immigration and Customs Enforcement or to U.S. Customs and Border Protection. (3) Personally identifiable information defined For purposes of this section, the term personally identifiable information means any information about an individual elicited, collected, stored, or maintained by an entity receiving a grant under this section, including— (A) any information that can be used to distinguish or trace the identity of an individual, such as a name, residential address, a social security number, a date and place of birth, or a parent’s maiden name; and (B) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. 3072. Report A State or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of the programs carried out with a grant under this part. . 202. Requirements for immigration consultants (a) In general Not later than 180 days after the date of the enactment of this Act, the Commission, in consultation with the Director of the Executive Office for Immigration Review and the Secretary of Homeland Security, shall promulgate regulations, in accordance with section 553 of title 5, United States Code, that require an immigration consultant— (1) to disclose in all advertising or promotional material and by displaying a notice at the regular place of business (if any) of the consultant that the consultant is not an immigration attorney, cannot provide legal advice or legal services on immigration matters, and is not authorized to represent aliens before an immigration court or the Board of Immigration Appeals or authorized to represent others before the Department of Homeland Security in connection with an application for an immigration benefit or an immigration proceeding; (2) if the consultant enters into a written contract for the provision of immigration consulting services— (A) to ensure that the contract states that— (i) the consultant is not an immigration attorney, cannot provide legal advice or legal services on immigration matters, and is not authorized to represent aliens before an immigration court or the Board of Immigration Appeals or authorized to represent others before the Department of Homeland Security in connection with an application for an immigration benefit or an immigration proceeding; and (ii) the client has the right to have the contract reviewed by an attorney; (B) to provide the client with a copy of the contract in English and, if requested by the client, in one or more other languages; (C) to inform the client of the right to request a copy of the contract in languages other than English, as required by subparagraph (B); and (D) to ensure that the contract provides the client with the right to rescind the contract at any time during the 72-hour period after entering into the contract; (3) not to collect fees for immigration consulting services before having rendered the services for which the fees are charged; (4) to return to the client any original document obtained from the client (unless the original document must be provided to a Federal or State agency or another person and has been so provided) and to furnish to the client for no additional charge a copy of any document prepared or obtained by the consultant for the client or otherwise used in connection with immigration consulting services for the client (other than notes or other documents prepared by the consultant for internal use in order to provide such services); and (5) to retain for not less than 3 years after ceasing to provide immigration consulting services for a client a copy of any document required by paragraph (4) to be returned or furnished to the client. (b) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Immigration consultant The term immigration consultant means a person engaged in the provision of immigration consulting services, except that such term does not include a person who is— (A) authorized to represent aliens before an immigration court or the Board of Immigration Appeals; or (B) authorized to represent others in connection with an application or proceeding described in paragraph (3)(A) before the Department of Homeland Security in accordance with regulations promulgated by the Secretary of Homeland Security. (3) Immigration consulting services (A) In general The term immigration consulting services means assistance, advice, or services provided to an individual in connection with— (i) application (or consideration of application) by such individual for an immigration benefit; or (ii) an immigration proceeding involving such individual before or with the Department of Homeland Security or the Executive Office for Immigration Review. (B) Inclusions Such term includes the following: (i) Assistance with procuring supporting documentation requested by such an agency, such as a birth certificate or marriage license. (ii) Referring a client to an attorney for legal representation. (iii) Assistance with complying with requirements relating to biometric services. (C) Exclusions Such term does not include the following: (i) Completing a form of a Federal or State agency or submitting such form to such agency. (ii) Translating the responses of a client to the information requested on such a form or in other communications with such an agency. (4) State The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe. (c) Applicability and enforcement of regulations (1) General application The requirements of the regulations promulgated under subsection (a) apply, according to their terms, to those persons, partnerships, and corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ). (2) Enforcement by Federal Trade Commission (A) Unfair or deceptive acts or practices A violation of a regulation promulgated under subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (B) Powers of Commission The Commission shall enforce the regulations promulgated under subsection (a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.), and any person who violates such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in such Act. (3) Actions by States (A) In general In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of a regulation promulgated under subsection (a), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States— (i) to enjoin such act or practice; (ii) to enforce compliance with such regulation; (iii) to obtain on behalf of residents of the State— (I) damages for actual monetary loss from the violation, or up to $10,000 in damages for each such violation, whichever is greater; (II) restitution; or (III) other compensation; or (iv) to obtain such other legal and equitable relief as the court may consider to be appropriate. (B) Notice Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (C) Authority of Federal Trade Commission (i) In general On receiving notice under subparagraph (B) of an action under this subsection, the Commission shall have the right— (I) to intervene in the action; (II) upon so intervening, to be heard on all matters arising therein; and (III) to file petitions for appeal. (ii) Limitation on State action while Federal action is pending If the Commission or the Attorney General of the United States has instituted a civil action for violation of a regulation promulgated under subsection (a) (referred to in this subparagraph as the Federal action ), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such regulation alleged in such complaint. (D) Rule of construction For purposes of bringing a civil action under this paragraph, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (4) Private right of action (A) In general A person injured by an act or practice in violation of a regulation promulgated under subsection (a) may bring in an appropriate State court or an appropriate district court of the United States— (i) an action to enjoin the violation; (ii) an action to recover damages for actual monetary loss from the violation, or to receive up to $10,000 in damages for each such violation, whichever is greater; or (iii) both such actions. (B) Willful or knowing violations If the court finds that the defendant acted willfully or knowingly in committing a violation described in subparagraph (A), the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (A)(ii). (C) Costs and attorney’s fees The court shall award to a prevailing plaintiff in an action under this subsection the costs of such action and reasonable attorney’s fees, as determined by the court. (D) Nonexclusive remedy The remedy provided by this subsection shall be in addition to any other remedies available to the person. 203. Fee and backlog transparency Section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ) is amended to read as follows: (m) Immigration service fees (1) In general Except as provided in paragraph (2), all fees designated by the Secretary of Homeland Security in regulations as immigration adjudication fees shall be deposited as offsetting receipts into the Immigration Examinations Fee Account in the Treasury of the United States, whether such fees are collected directly by the Secretary or through clerks of courts. (2) Virgin Islands and Guam (A) Guam All fees described in paragraph (1) that are received by the Secretary of Homeland Security from applicants residing in Guam shall be remitted to the Department of Revenue and Taxation of Guam. (B) Virgin islands All fees described in paragraph (1) that are received by the Secretary of Homeland Security from applicants residing in the United States Virgin Islands shall be remitted to the Treasury Division of the United States Virgin Islands. (3) Report requirement before fee increase The Secretary of Homeland Security may not increase any immigration service fee above the level of such fee as of January 1, 2019, before the date that is 60 days after the date on which the Secretary submits to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that— (A) identifies the direct and indirect costs associated with providing adjudication and naturalization services; (B) distinguishes the costs referred to in subparagraph (A) from immigration enforcement and national security costs; (C) identifies the costs allocated for premium processing services to business customers, as prescribed under subsection (u); (D) describes the extent to which the fee prescribed in subsection (u) is set at a level that ensures full recovery of the costs referred to in subparagraph (C); (E) identifies the amount of funding that is being allocated for the infrastructure improvements in the adjudication and customer-service processes prescribed under subsection (u); and (F) contains information regarding the amount by which such fee will be increased. (4) Adjudications delay and backlog report Not less frequently than quarterly, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that identifies each instance in which— (A) the processing time of more than 10 percent of adjudications in any single category of immigration benefits surpasses the agency’s stated processing goal as of January 1, 2019; (B) the processing time of more than 5 percent of applications for legal permanent residence surpasses 150 days; and (C) the processing time of more than 5 percent of applications for naturalization surpasses 150 days. . 204. National Office for New Americans (a) Definitions In this section: (1) Director The term Director means the Director of the National Office of New Americans. (2) Federal agency The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. (3) Office The term Office means the National Office for New Americans established under subsection (b). (b) Establishment There is established within the Executive Office of the President an office, to be known as the National Office of New Americans , to carry out the purposes described in subsection (c). (c) Purposes The purposes of the Office are— (1) to welcome and support immigrants and refugees in the United States; (2) to promote and support immigrant and refugee integration into, and inclusion in, the social, economic, and civic life of the United States; (3) to ensure that the Federal Government and Federal agencies promote the pursuit of United States citizenship among immigrants and refugees; (4) to ensure access to quality English language learning programs that support the successful integration of immigrant adults, including by enhancing— (A) employment and career prospects and economic integration; and (B) social integration in local communities and participation in civic life, including engagement with State and local governments, schools, and private and nonprofit community institutions; (5) to provide equal access to workforce development programs, including by ensuring that such programs meet the demand and unique language, training, and educational needs of immigrants and refugees; (6) to coordinate the efforts of Federal, State, and local entities to support the effective social, economic, linguistic, and civic integration of immigrants, refugees, and their children; (7) to provide advice and leadership to the President, Members of Congress, and other Federal Government officials on the challenges and opportunities facing such entities with respect to immigrant and refugee integration; (8) to evaluate the scale, quality, and effectiveness of Federal Government efforts with respect to immigrant and refugee social and economic integration, including access to United States citizenship, English language learning, education, and workforce development programs; (9) to identify the anticipated effects of new Federal policies on existing integration efforts and advise the President on how to address potential integration needs and the effects of such policies; (10) with respect to immigrant and refugee integration efforts, to consult on a biannual basis with State and local government officials on challenges and opportunities presented by such efforts; (11) with respect to the activities described in paragraphs (8) through (10), to ensure the inclusion of the perspectives of immigrants and refugees; and (12) to submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation process described in paragraphs (8) through (11). (d) Director (1) In general The Office shall be headed by a Director of the National Office of New Americans, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Responsibilities The Director shall— (A) establish policies, objectives, and priorities for the Office with respect to immigrant and refugee integration; (B) with the assistance of the Deputy Director for Citizenship and Inclusion, the Deputy Director for Workforce and Economy, the Deputy Director for Children's Integration Success, and the Associate Director of State and Local Affairs, carry out the purposes of the Office, as described in subsection (c); (C) make recommendations to the President on changes in the organization, management, programs, and budget of each Federal agency to promote the integration of immigrants and refugees; (D) with respect to efforts to promote United States citizenship and the integration of immigrants and refugees, consult, support, and coordinate with State and local government efforts; and (E) serve as a member of the Domestic Policy Council and the National Economic Council. (3) Powers of the Director In carrying out the responsibilities under paragraph (2) and the purposes described in subsection (c), the Director may— (A) select, appoint, employ, and fix compensation of such officers and employees as may be necessary to carry out such responsibilities and purposes; (B) with the concurrence of the head of the applicable Federal agency, direct the temporary reassignment within the Federal Government of personnel employed by such Federal agency; (C) use for administrative purposes, on a reimbursable basis, the available service, equipment, personnel, and facilities of Federal, State, and local agencies; (D) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code (relating to appointments in the Federal service) at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable for level GS–18 of the General Schedule under section 5332 of title 5, United States Code; (E) accept and use donations of property from Federal, State, and local government agencies; (F) use the mail in the same manner as other Federal agencies; and (G) monitor the implementation of immigrant and refugee integration-related activities of the Federal Government, including by— (i) conducting program and performance audits and evaluations of each Federal agency; and (ii) requesting assistance from the Inspector General of the applicable Federal agencies in such audits and evaluations. (e) Deputy directors (1) In general There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and Economy, and a Deputy Director for Children’s Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. (2) Responsibilities (A) Deputy Director for Citizenship and Inclusion The Deputy Director for Citizenship and Inclusion shall, among other duties as assigned by the Director, assist the Director in promoting— (i) the inclusion of immigrants and refugees in the social, economic, and civic life of their communities and the United States; and (ii) access to United States citizenship. (B) Deputy Director for Workforce and Economy The Deputy Director for Workforce and Economy shall, among other duties as assigned by the Director, assist the Director in— (i) promoting the participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. (C) Deputy Director for Children's Integration Success The Deputy Director for Children's Integration Success shall, among other duties as assigned by the Director, assist the Director in ensuring that Federal policies and programs intended to support the healthy development and educational success of children are effective in reaching and serving the children of immigrant families. (f) Bureau of State and Local affairs (1) In general There is established within the Office a Bureau of State and Local Affairs. (2) Associate director (A) In general The Bureau of State and Local Affairs shall be headed by an Associate Director of State and Local Affairs, who shall be appointed by the President, in consultation with the Director. (B) Duties The Associate Director of State and Local Affairs shall, among other duties as assigned by the Director, assist the Director in coordinating the efforts of State and local entities to support the economic, linguistic, and civic integration of immigrants, refugees, and their children. (g) Access by Congress The establishment of the Office within the Executive Office of the President shall not affect access by any Member of Congress or any member of a committee of the Senate or the House of Representatives to— (1) the Office; (2) any information, document, or study in the possession of, or conducted by or at the direction of, the Director; or (3) personnel of the Office. (h) Limitation An individual may not serve as Director, Deputy Director for Citizenship and Inclusion, Deputy Director for Workforce and the Economy, Deputy Director for Children’s Integration Success, or Associate Director of State and Local Affairs while serving in any other position in the Federal Government. III Building community trust 301. Protecting aliens who are victims of or witnesses to crimes or are defending civil rights (a) In general The Director of U.S. Immigration and Customs Enforcement shall ensure, except as provided in subsection (b), that removal proceedings are not initiated against any alien who is known to be— (1) a victim of domestic violence, human trafficking, or any other serious crime; (2) a witness involved in a pending criminal investigation or prosecution; (3) a plaintiff in a nonfrivolous lawsuit regarding violations of his or her civil rights, including with respect to union organizing and employment discrimination, as described in the memorandum of the U.S. Immigration and Customs Enforcement entitled Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs issued on June 17, 2011; or (4) actively engaged in an activity related to the preservation of his or her employment, housing, or other legally protected rights. (b) Exceptions (1) In general Notwithstanding subsection (a), an alien described in such subsection may be subject to removal proceedings if the Secretary of Homeland Security determines, on a case-by-case basis, that there is sufficient evidence to conclude that the alien— (A) has committed a serious crime; (B) poses a threat to public safety; (C) has engaged in serious violations of human rights; (D) has engaged in significant immigration fraud; or (E) has filed a claim in bad faith with intent to delay or avoid the removal of an alien. (2) Savings provision Nothing in this subsection may be construed to deny any alien who has been a victim of domestic violence, human trafficking, or certain other crimes from receiving the immigration benefits to which he or she is entitled under the Violence Against Women Act of 1994 (title IV of Public Law 103–322 ), the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq.), or any other applicable law. (c) Effect of violation With respect to a removal proceeding commenced as a result of an enforcement action carried out in violation of subsection (a)— (1) information resulting from such enforcement action may not be entered into the record of proceeding or received into evidence; (2) the alien who is the subject of the removal proceeding may file a motion for the immediate termination of the removal proceeding; and (3) in considering whether to administratively close the removal proceeding, the immigration judge shall give appropriate weight to the circumstances of such enforcement action. 302. Semiannual report on certain enforcement actions The Secretary of Homeland Security shall submit a semiannual report to the Committee on the Judiciary of the Senate , the Committee on Appropriations of the Senate, the Committee on the Judiciary of the House of Representatives , and the Committee on Appropriations of the House of Representatives that identifies, for the most recent 180-day period for which such data is available, the number of arrests, detentions, and removals of aliens described in section 302(a). 303. Rule of construction Nothing in this Act or the amendments made by this Act shall be construed to modify— (1) the applicability of any ground of inadmissibility or deportability relating to criminal convictions; or (2) the eligibility criteria relating to criminal convictions for any application or form of relief under the immigration laws. | https://www.govinfo.gov/content/pkg/BILLS-117s1638is/xml/BILLS-117s1638is.xml |
117-s-1639 | II 117th CONGRESS 1st Session S. 1639 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Independence and Security Act of 2007 to reauthorize the energy efficiency and conservation block grant program.
1. Reauthorization of Energy Efficiency and Conservation Block Grant Program Section 548(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17158(a) ) is amended— (1) in paragraph (1)— (A) by striking $2,000,000,000 and inserting $10,000,000,000 ; and (B) by striking 2008 through 2012 and inserting 2021 through 2030 ; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking program and all that follows through 2012 in subparagraph (C) and inserting program $50,000,000 for each of fiscal years 2021 through 2030 . | https://www.govinfo.gov/content/pkg/BILLS-117s1639is/xml/BILLS-117s1639is.xml |
117-s-1640 | II 117th CONGRESS 1st Session S. 1640 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a process for waiver of coastwise endorsement requirements.
1. Short title This Act may be cited as the Protecting Access to American Products Act . 2. Waiver of coastwise endorsement requirements Section 12112 of title 46, United States Code, is amended by adding at the end the following: (c) Waivers In Cases of Product Carrier Scarcity or Unavailability (1) In General The head of an agency shall, upon request, temporarily waive the requirements of subsection (a), including the requirement to satisfy section 12103, if the person requesting that waiver reasonably demonstrates to the head of an agency that— (A) there is no product carrier, with respect to a specified good, that meets such requirements, exists, and is available to carry such good; and (B) the person made a good faith effort to locate a product carrier that complies with such requirements. (2) Duration Any waiver issued under paragraph (1) shall be limited in duration, and shall expire by a specified date that is not less than 30 days after the date on which the waiver is issued. (3) Extension Upon request, if the circumstances under which a waiver was issued under paragraph (1) have not substantially changed, the head of an agency shall, without delay, grant one or more extensions to a waiver issued under paragraph (1), for periods of not less than 15 days each. (4) Deadline for waiver response (A) Response deadline Not later than 60 days after receiving a request for a waiver under paragraph (1), the head of an agency shall approve or deny such request. (B) Findings in support of denied waiver If the head of an agency denies such a request, the head of an agency shall, not later than 14 days after denying the request, submit to the requester a report that includes the findings that served as the basis for denying the request. (C) Request deemed granted If the head of an agency has neither granted nor denied the request before the response deadline described in subparagraph (A), the request shall be deemed granted on the date that is 61 days after the date on which the head of an agency received the request. A waiver that is deemed granted under this subparagraph shall be valid for a period of 30 days. (5) Notice to Congress (A) In General The head of an agency shall notify Congress— (i) of any request for a temporary waiver under this subsection, not later than 48 hours after receiving such request; and (ii) of the issuance of any such waiver, not later than 48 hours after such issuance. (B) Contents The head of an agency shall include in each notification under subparagraph (A)(ii) a detailed explanation of the reasons the waiver is necessary. (6) Definitions In this subsection: (A) Product carrier The term product carrier , with respect to a good, means a vessel constructed or adapted primarily to carry such good in bulk in the cargo spaces. (B) Head of an agency The term head of an agency means an individual, or such individual acting in that capacity, who is responsible for the administration of the navigation or vessel inspection laws. . | https://www.govinfo.gov/content/pkg/BILLS-117s1640is/xml/BILLS-117s1640is.xml |
117-s-1641 | II 117th CONGRESS 1st Session S. 1641 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Cruz (for himself, Mr. Cotton , Mr. Tillis , Mr. Cramer , Mr. Lankford , Mrs. Hyde-Smith , Mrs. Blackburn , Mr. Daines , Mr. Thune , Mr. Marshall , Mr. Rubio , Mr. Hagerty , Mr. Scott of Florida , Mr. Braun , and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit rescinding the recognition of Israel's sovereignty over the Golan Heights.
1. Short title This Act may be cited as the Israel Sovereignty Reassurance Act of 2021 or ISRA . 2. Prohibition on rescinding the recognition of Israel's sovereignty over the Golan Heights Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available for the Department of State for fiscal year 2022 may be used to prepare, propose, draft, review, or promulgate any regulation, guidance, or executive order or to otherwise implement, administer, or enforce any policy that rescinds the recognition by the United States that the Golan Heights are a part of Israel. | https://www.govinfo.gov/content/pkg/BILLS-117s1641is/xml/BILLS-117s1641is.xml |
117-s-1642 | II 117th CONGRESS 1st Session S. 1642 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the Secretary of State to submit a report on the status of women and girls in Afghanistan, and for other purposes.
1. Short title This Act may be cited as the Protect Women's and Girls’ Rights in Afghanistan Act of 2021 . 2. Afghan civil society defined In this Act, the term Afghan civil society means the range of formal and informal organizations in Afghanistan that reflect community interests and deliver some essential services. 3. Findings Congress finds the following: (1) A large-scale withdrawal of United States Armed Forces from Afghanistan will pose a risk to those who are the most vulnerable in Afghanistan, especially women and girls. (2) When the Taliban governed Afghanistan from 1996 to 2001, it barred women and girls from taking most jobs or going to school and practically made them prisoners in their own homes based on its extremist religious ideology. Further, the Taliban brutally imposed social restrictions on women, such as mandatory burqa coverings, and restricted their access to health care. The Taliban also prohibited women from appearing in public spaces without a male chaperone and imposed extremely violent punishments, often publicly, upon women for breaking its decrees. (3) The women of Afghanistan have achieved much since the fall of the Taliban government, even as insecurity, underdevelopment, and patriarchal norms continue to limit their rights and opportunities in much of Afghanistan. (4) Through strong support from the United States and the international community— (A) female enrollment in public schools in Afghanistan has risen from zero in 2001 to more than 3,000,000 in 2010; and (B) as of 2019— (i) millions of women in Afghanistan have voted, and 25 percent of parliamentarians in Afghanistan are women; (ii) women held 13 seats as ministers and deputy ministers and 4 women served as ambassadors; and (iii) beyond government, women served as university instructors and professors, judges, prosecutors, defense attorneys, police and army personnel, health professionals, journalists, and entrepreneurs. (5) Women’s empowerment continues to serve United States primary interests in Afghanistan because women are sources of both peace and economic progress in the country. (6) If the United States military withdraws and the Taliban regains influence, the United States will have little ability to preserve the rights of women and girls in Afghanistan, and there is fear that those women and girls will again be vulnerable to intimidation and marginalization. 4. Sense of Congress It is the sense of Congress that— (1) since 2001, Afghan civil society has emerged as an important engine of social and political development; (2) any future political order in Afghanistan should not only secure the gains made in democratic, political, human, and women’s rights, but also work to increase the ability of women to be treated equally throughout society because respecting rights is essential to securing a lasting peace and reflects the will of the Afghan people; (3) the United States must endeavor to preserve the hard-won gains of the past 2 decades, particularly as related to the role and protection of women and girls in civil society; and (4) long-term stability in Afghanistan can best be achieved and maintained by an inclusive Afghan government that is responsive to the needs of all its diverse communities and respects the rights of all its citizens, especially women. 5. Policy of the United States regarding the rights of women and girls of Afghanistan It is the policy of the United States— (1) to continue to support the rights of women and girls in Afghan civil society after the withdrawal of the Armed Forces of the United States from Afghanistan; (2) to strongly oppose any return to political arrangements that would significantly weaken the rights of women in Afghanistan; (3) to refuse to provide economic aid to an Afghan government (whether including or controlled by the Taliban) if such government does not maintain minimal standards, statutory or otherwise, of women’s rights, such as by denying women access to health care and primary and secondary education, prohibiting women from appearing outside of a household without a male relative, or disqualifying women from jobs on the basis of gender; (4) to instruct, as appropriate, representatives of the United States Government to use the voice, aid, and influence of the United States directly with the Government of Afghanistan and the Taliban, and at the United Nations, to preserve the civil and human rights of the women and girls of Afghanistan; (5) to continue providing the United States aid and assistance necessary to preserve the rights of women and girls in Afghanistan so that they may continue to pursue educational and professional opportunities and be equal members of Afghan civil society; and (6) to identify individuals who violate the basic rights of women in Afghanistan, as those rights are defined by the Constitution of Afghanistan or set by minimal international human right standards, such as by committing murder, lynching, and grievous domestic violence against women, and to ensure those individuals are brought to justice, prosecuted, and imprisoned. 6. Report Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through 2024, the Secretary of State shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report that includes the following: (1) An assessment of the conditions of women and girls in Afghan civil society following the departure of United States and North Atlantic Treaty Organization (NATO) forces, including the access of those women and girls to primary and secondary education, jobs, health care, and equal status in society as compared to men. (2) An assessment of the status of any assurances made by the Taliban related to preserving the rights of women and girls in Afghanistan, including the access of those women and girls to primary and secondary education, jobs, health care, and equal status in society as compared to men. | https://www.govinfo.gov/content/pkg/BILLS-117s1642is/xml/BILLS-117s1642is.xml |
117-s-1643 | II 117th CONGRESS 1st Session S. 1643 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Shelby (for himself and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Alabama Black Belt National Heritage Area, and for other purposes.
1. Short title This Act may be cited as the Alabama Black Belt National Heritage Area Act . 2. Definitions In this Act: (1) Local coordinating entity The term Local Coordinating Entity means the local coordinating entity for the National Heritage Area designated by section 3(b). (2) Management plan The term management plan means the management plan for the National Heritage Area prepared under section 5. (3) Map The term map means the map entitled Alabama Black Belt Heritage Area Boundary . (4) National Heritage Area The term National Heritage Area means the Alabama Black Belt National Heritage Area established by section 3(a). (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means the State of Alabama. 3. Establishment of Alabama Black Belt National Heritage Area (a) In general There is established in the State the Alabama Black Belt National Heritage Area consisting of land in Bibb, Bullock, Butler, Choctaw, Clarke, Conecuh, Dallas, Greene, Hale, Lowndes, Macon, Marengo, Monroe, Montgomery, Perry, Pickens, Sumter, Washington, and Wilcox counties in the State, as generally depicted in the management plan. (b) Local coordinating entity The Center for the Study of the Black Belt at the University of West Alabama shall be the local coordinating entity for the National Heritage Area. 4. Administration (a) Authorities For purposes of carrying out the management plan, the Secretary (acting through the Local Coordinating Entity) may use amounts made available under section 9— (1) to make grants to the State, political subdivisions of the State, Indian Tribes with jurisdiction over land in the State, nonprofit organizations, and other persons; (2) to enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, Indian Tribes, nonprofit organizations, and other interested persons; (3) to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection and heritage programming; (4) to obtain money or services from any source, including any money or services that are provided under any other Federal law or program; (5) to contract for goods or services; and (6) to undertake any other activity that— (A) furthers the purposes of the National Heritage Area; and (B) is consistent with the approved management plan. (b) Duties The Local Coordinating Entity shall— (1) assist Federal agencies, the State, political subdivisions of the State, Indian Tribes, regional planning organizations, nonprofit organizations, and other interested persons in carrying out the approved management plan by— (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the National Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the National Heritage Area; (C) developing recreational and educational opportunities in the National Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the National Heritage Area; (E) protecting and restoring historic sites and buildings in the National Heritage Area that are consistent with the themes of the National Heritage Area; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the National Heritage Area; and (G) promoting a wide range of partnerships among the Federal Government, State, Tribal, and local governments, organizations, and individuals to further the purposes of the National Heritage Area; (2) consider the interests of diverse units of government, businesses, organizations, and individuals in the National Heritage Area in the preparation and implementation of the management plan; (3) conduct meetings open to the public not less frequently than semiannually regarding the preparation and implementation of the management plan; (4) for any year that Federal funds have been received under this subsection— (A) submit to the Secretary an annual report that describes, with respect to the reporting period— (i) the activities, expenses, and income of the Local Coordinating Entity; and (ii) any grants made to any other entities; (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C) require, with respect to all agreements authorizing the expenditure of Federal funds by any other organization, that the organization receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (5) encourage, by appropriate means and consistent with the purposes of the National Heritage Area, the economic viability of the National Heritage Area. (c) Prohibition on the acquisition of real property The Local Coordinating Entity shall not use Federal funds made available under section 9 to acquire real property or any interest in real property. 5. Management plan (a) In general Not later than 3 years after the date of enactment of this Act, the Local Coordinating Entity shall prepare and submit to the Secretary for approval a proposed management plan for the National Heritage Area. (b) Requirements The management plan shall— (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the National Heritage Area; (2) take into consideration other applicable Federal, State, local, and Tribal plans and treaty rights; (3) include— (A) an inventory of— (i) the resources located in the National Heritage Area; and (ii) any other property in the National Heritage Area that— (I) is related to the themes of the National Heritage Area; and (II) should be preserved, restored, managed, or maintained because of the significance of the property; (B) comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the National Heritage Area; (C) a description of activities that the Federal Government, State, Tribal, and local governments, private organizations, and individuals have agreed to carry out to protect the natural, historical, cultural, scenic, and recreational resources of the National Heritage Area; (D) a program of implementation for the management plan by the Local Coordinating Entity that includes a description of— (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the Local Coordinating Entity or any unit of government, organization, or individual for the first 5 years of operation of the National Heritage Area; (E) the identification of sources of funding to implement the management plan; (F) analysis and recommendations for means by which Federal, State, local, and Tribal programs may be best coordinated (including the role of the National Park Service in the National Heritage Area) to carry out the purposes of this Act; and (G) an interpretive plan for the National Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area. (c) Deadline If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the Local Coordinating Entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary approves the management plan. (d) Approval or disapproval of management plan (1) In general Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with State and Tribal governments, shall approve or disapprove the management plan. (2) Criteria for approval In determining whether to approve the management plan, the Secretary shall consider whether— (A) the Local Coordinating Entity is representative of the diverse interests of the National Heritage Area, including the Federal Government, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the Local Coordinating Entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the National Heritage Area. (3) Action following disapproval If the Secretary disapproves the management plan under paragraph (1), the Secretary shall— (A) advise the Local Coordinating Entity in writing the reasons for the disapproval; (B) make recommendations to the Local Coordinating Entity for revisions to the management plan; and (C) not later than 180 days after the receipt of any proposed revision of the management plan from the Local Coordinating Entity, approve or disapprove the proposed revision. (4) Amendments (A) In general The Secretary shall approve or disapprove each amendment to the management plan that makes a substantial change to the management plan, as determined by the Secretary. (B) Use of funds The Local Coordinating Entity shall not use Federal funds authorized under section 9 to carry out any amendment to the management plan until the date on which the Secretary has approved the amendment. 6. Relationship to other Federal agencies (a) In general Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on the National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the Local Coordinating Entity to the maximum extent practicable. (c) Other Federal agencies Nothing in this Act— (1) modifies, alters, or amends any law (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the National Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 7. Private property and regulatory protections Nothing in this Act— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area; (2) requires any property owner— (A) to permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or (B) to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency; (4) conveys any land use or other regulatory authority to the Local Coordinating Entity; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) enlarges or diminishes the treaty rights of any Indian Tribe within the National Heritage Area; (7) diminishes— (A) the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting, within the National Heritage Area; or (B) the authority of Indian Tribes to regulate members of Indian Tribes with respect to fishing, hunting, and gathering in the exercise of treaty rights; or (8) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. 8. Evaluation and report (a) In general Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area, the Secretary shall— (1) conduct an evaluation of the accomplishments of the National Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation An evaluation conducted under subsection (a)(1) shall— (1) assess the progress of the Local Coordinating Entity with respect to— (A) accomplishing the purposes of the National Heritage Area; and (B) achieving the goals and objectives of the management plan; (2) analyze the investments of the Federal Government, State, Tribal, and local governments, and private entities in the National Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (c) Report Based on the evaluation conducted under subsection (a)(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 that includes recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area. 9. Authorization of appropriations (a) In general There is authorized to be appropriated for the National Heritage Area $10,000,000, of which not more than $1,000,000 may be made available in any fiscal year. (b) Availability Amounts made available under subsection (a) shall remain available until expended. (c) Cost-Sharing requirement (1) In general The Federal share of the total cost of any activity under this Act shall be not more than 50 percent. (2) Form The non-Federal share of the total cost of any activity under this Act may be in the form of in-kind contributions of goods or services fairly valued. (d) Termination of authority The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1643is/xml/BILLS-117s1643is.xml |
117-s-1644 | II 117th CONGRESS 1st Session S. 1644 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Braun (for himself, Mr. Wicker , Ms. Murkowski , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to establish a time-limited provisional approval pathway, subject to specific obligations, for certain drugs and biological products, and for other purposes.
1. Short title This Act may be cited as the Promising Pathway Act . 2. Findings Congress finds as follows: (1) The drugs and biological products intended to be reviewed under the pathway established under this Act are for the treatment and prevention of serious diseases or conditions, especially those for which there are no available on-label meaningful or disease-modifying treatments, where speed to access is critical. (2) The approval pathway established under this Act is intended to allow drug and biological product applications to be more rapidly reviewed by the U.S. Food and Drug Administration (FDA), with the FDA reviewing various portions of new drug and biological product applications as they become available. (3) The approval pathway established under this Act establishes a clear approval pathway that can be utilized by sponsors to receive rolling review of applications for drugs and biological products intended to treat serious diseases, including drugs and biological products intended to treat COVID–19 that reduce the risk of death, severe disease, and progression of symptoms in those exposed to the virus. (4) The approval pathway established under this Act will enable sponsors to receive early, time-limited, and provisional approval for drugs and biological products that have demonstrated substantial evidence of safety and relevant early evidence that establishes that the drug provides a positive therapeutic outcome. (5) The approval pathway established under this Act will allow for the use of real-world evidence and scientifically substantiated surrogates, other than those previously validated by the FDA, to predict the clinical benefits and ultimately support provisional approval. (6) Drugs and biological products granted provisional approval under the pathway established under this Act are limited to a 2-year approval period, renewable every 2 years, for up to 6 years. Full approval can awarded at any time, for any drug or biological product provisionally approved under this pathway that establishes a 15 percent improvement in an important endpoint compared to standard therapies. (7) The approval pathway established under this Act prohibits denial of coverage for any drug or biological product provisionally approved under this approval pathway on account of it being experimental. (8) Informed consent is required for any patients using a drug or biological product approved under the provisional approval pathway established under this Act. Any patients using a drug or biological product reviewed under this approval pathway must participate in an observational registry until those drugs or biological products receive full approval, with approval contingent on registry participation. (9) This Act requires that registries track aggregated, de-identified data that will be readily available to approved researchers for public health research purposes. (10) This Act creates, within the Office of the Commissioner at the FDA, the position of the Patient Advocate General to provide assistance to patients and their families utilizing drugs and biological products. 3. Provisional approval of new human drugs (a) In general Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq.) is amended by adding at the end of the following: 524B. Provisional approval of new human drugs (a) Priority review and evaluation of applications (1) In general The Secretary shall establish a priority review system to evaluate applications submitted under this pathway for provisional approval within 90 days of receipt of a completed application. (2) Review of applications during epidemics and pandemics In the case of an epidemic or pandemic, including with respect to COVID–19, the Secretary shall accept and review various portions of an application submitted under the pathway under this section for provisional approval on a rolling basis, and the review of any part of an application so submitted shall be completed not later than 3 weeks after submission. (3) Other designations If a drug submitted for review under the pathway under this section is eligible for a special designation by the Secretary under this Act, including as a drug for a rare disease or condition under section 526, all benefits of such other designation shall be available for use under provisional approval, including any tax credits and waiving of fees under chapter VII. (b) Eligibility A drug may be eligible for provisional approval under this section if the Secretary determines that the drug is intended for the treatment, prevention, or medical diagnosis of— (1) a serious or life-threatening disease or condition for which there is a reasonable likelihood that premature death will occur without early medical intervention for an individual contracting or being diagnosed with such disease or condition; or (2) a disease or condition that poses a threat of epidemic or pandemic. (c) Standard of review for approval (1) Requirements An application for provisional approval under this section may be approved only if the Secretary determines that— (A) there is substantial evidence of safety for the drug, such that there is evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the safety of the drug involved, on the basis of which it could fairly and responsibly be concluded that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling; and (B) there is relevant early evidence based on adequate and well-controlled investigations, including early-stage clinical investigations, to establish that— (i) the drug provides a positive therapeutic outcome; and (ii) the outcome of the drug is consistent with or greater than currently marketed on-label therapies, with equal or fewer side effects, if there are currently marketed on-label therapies. (2) Protocols The Secretary shall promulgate rules that establish the appropriate protocols for a sponsor of an application for provisional approval under this section and the Commissioner to follow to enable rolling, real-time, mid-trial submission while preserving the integrity of the ongoing trial and without penalizing the sponsor for making use of this pathway. (3) Real world evidence The Secretary shall allow the use of real world evidence (as defined in section 505F(b)), including real world data used to generate real world evidence, to support an application for provisional approval under this section, and to fulfill the follow-up requirements and support applications for full approval as described under section 505 or section 351 of the Public Health Service Act, as applicable. (4) Use of scientifically substantiated surrogates (A) In general The sponsor of an application for provisional approval under this section may use scientifically substantiated surrogates to support such application. (B) Definition In subparagraph (A), the term scientifically substantiated surrogates means surrogate endpoints to predict clinical benefit other than such endpoints previously validated by the Secretary, based on— (i) epidemiologic, therapeutic, pathophysiologic, or other evidence; or (ii) an effect on a clinical endpoint other than survival or irreversible morbidity of interest. (d) Transparency and patient monitoring requirements (1) Registries (A) In general The sponsor of a drug provisionally approved under this section shall require that all patients who use such drug participate in an observational registry and consent to the sponsor’s collection, and submission to the registry, of data related to the patient’s use of such drug until such drug receives full approval under section 505 or section 351 of the Public Health Service Act, or the provisional approval is rescinded. (B) Requirements for registries An observational registry described in subparagraph (A) may be run by a third party, such as a government, for profit, or non-profit organization, and shall track all patients who use the provisionally approved drug. (C) Accessibility An observational registry described in subparagraph (A) shall be easily accessible for— (i) all patients who are participating in any registry related to a provisionally approved drug that allows for easy, unrestricted (or transparent) access for such patients to their patient data and related information regarding their usage of the provisionally approved drug; and (ii) approved researchers and medical professionals who may access data maintained in the registry, which access shall be for public health research and only in a de-identified, aggregated manner. (2) Funding An observational registry under this subsection shall be maintained, as applicable— (A) by the sponsor of the drug provisionally approved under this section that is the subject of the registry; (B) by a third party, such as a government, for profit, or nonprofit organization; or (C) the Federal Government, in the case of any drug so approved that is intended to treat a disease or condition associated with an epidemic or pandemic. (3) Sponsor requirements (A) In general For any drug application provisionally approved under this section, the Secretary shall notify the sponsor of the exact data such sponsor is required to submit to an observational registry. (B) Annual review of the registry; penalties The Secretary shall conduct an annual review of observational registries established under this subsection. If, at such an annual review, less than 90 percent of patients are participating in an observational registry with respect to a drug approved under this section, the Secretary shall issue to the sponsor of such drug a civil monetary penalty of not more than $100,000. If a violation of this section is not corrected within the 30-day period following notification, the sponsor shall, in addition to any penalty under this subparagraph be subject to a civil monetary penalty of not more than $10,000 for each day of the violation after such period until the violation is corrected. If application patient participation in an observational registry is not at or above 90 percent within 6 months of issuance of such penalty, the provisional approval shall be withdrawn. (4) Annual report to Congress The Secretary shall submit an annual report to Congress on all drugs granted provisional approval under this section. Such report shall include— (A) the number of patients treated with each such drug, and the number of patients tracked in an observational registry with respect to each such drug; (B) a discussion of the minimum amount of data required in the registries, including patient treatments and uses, length of use, side effects encountered, relevant biomarkers or scientifically substantiated surrogates, scan results, cause of death and how long the patient lived, and adverse drug effects; (C) a list of all such drugs for which an application for full approval under section 505 of this Act or section 351 of the Public Health Service Act, or an application for an extension of provisional approval under this section, has been submitted; and (D) a list of all applications denied provisional approval under this section, together with an explanation for the decisions to deny each such application. (e) Withdrawal of provisional approval (1) In general The Secretary shall withdraw provisional approval under this section if there are a significant numbers of patients who experience serious adverse effects, compared to the other currently marketed on-label therapies that are available for the applicable disease or condition. (2) Effect of withdrawal If a provisional approval is withdrawn under this subsection, the sponsor may not make the drug available to any new patients, but may be allowed to continue to make such drug available to patients who started taking the drug prior to the date of withdrawal, for as long a period as dictated by patient need, as determined by the Secretary. (f) Transparency Any scientific, medical, academic, or health care journal publishing an article explaining, releasing, conveying or announcing research findings which were funded by the Department of Health and Human Services shall be prohibited from publishing such research unless— (1) such article conveying research findings is made publicly available on the journal’s internet website without a paywall or charge not later than 3 months after the date on which such article was first provided to subscribers of such journal (or first made available for purchase); and (2) the article’s author or researcher or author’s institution (or, in the case of multiple authors, researchers, or institutions, all such authors, researchers, or institutions) received less than 30 percent of funding for such research from the Department of Health and Human Services throughout the period of time the research was conducted. (g) Informed Consent Prior to receiving a drug provisionally approved under this section, the sponsor of the drug shall receive from each patient, or the patient's representative, informed consent, through a signed informed consent form, acknowledging that such patient understands that the drug did not undergo the usual process for full approval of a drug by the Food and Drug Administration, and that such patient is willing to accept the risks involved in taking such drug. (h) Postmarket controls and labeling (1) FDA annual review of registry data The Secretary shall annually review the data made available through the observational registries under subsection (d) and make a determination regarding whether the side effect profile of any drug approved under this pathway does not support the benefit provided, or the data shows the benefit is less than the benefits offered through other, fully approved drugs. (2) Labeling The sponsor of the provisionally approved drug shall ensure that all labeling and promotional materials for the drug bear the statement provisionally approved by the FDA pending a full demonstration of effectiveness under application number ______ (specifying the application number assigned by the Secretary in place of the blank). All promotional, educational and marketing materials for provisionally approved products shall be reviewed and approved by the Secretary before such materials are distributed. (3) Rescission of provisional approval If the Secretary determines that the side effect profile of any drug included in such observational registries does not support the benefit provided by such drug, or that the data shows that the benefit is less than the benefits offered through other, fully approved drugs, the Secretary shall rescind such provisional approval. (i) Duration of provisional approval; requirement To bring drug to market (1) Duration; renewals The period of provisional approval for a drug approved under this section is effective for a 2-year period. The sponsor may request renewal for provisional approval status for up to 3 subsequent 2-year periods by the Secretary. Provisional approval status with respect to a drug shall not exceed a total of 6 years from the initial date the sponsor was awarded provisional approval status. (2) Marketing requirement If any drug that receives provisional approval status under this section is not brought to market within 180 days of the approval, such approval shall be rescinded. (j) Limitation on liability With respect to any claim under State law alleging that a drug sold or otherwise made available pursuant to a grant of provisional approval under this section is unsafe or ineffective, no liability in a cause of action shall lie against a sponsor or manufacturer, unless the relevant conduct constitutes reckless or willful misconduct, gross negligence, or an intentional tort under any applicable State law. (k) Applying for full approval (1) In general Except as provided under paragraph (2), the sponsor of a drug granted provisional approval pursuant to this section may, at any point, submit an application for full approval of such drug under section 505 of this Act or section 351 of the Public Health Service Act, as applicable. (2) Effect of recession on approval and automatic approval (A) In general The sponsor of a drug granted provisional approval pursuant to this section that has been rescinded under subsection (h)(3), may submit an application for full approval of such drug under section 505 of this Act or section 351 of the Public Health Service Act at any time. (B) Automatic approval Such full approval may be awarded at any time for any drug granted provisional approval pursuant to this section if the sponsor of the drug establishes a 15 percent improvement in an important endpoint, including surrogate endpoints not validated by the Food and Drug Administration, compared to a standard drug. (3) Real-time epidemic and pandemic vaccine approval (A) In general In the case of a vaccine developed in response to an epidemic or pandemic, including COVID–19, the Secretary shall share data information regarding the approval of the vaccine with the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention as the review nears completion. (B) Evaluation Any vaccine that has been approved by the Secretary for an epidemic or pandemic-related disease, including COVID–19, shall be evaluated by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention not later than 1 week after the date of submission to the Advisory Committee by the Secretary of the vaccine. (l) Patient advocate general Not later than 6 months after the date of enactment of the Promising Pathway Act, the Secretary shall establish within the Office of the Commissioner, the position of Patient Advocate General, who shall provide assistance to patients and their families who use drugs under evaluation in this pathway or drugs reviewed or approved under section 505 or section 351 of the Public Health Service Act. Such assistance shall include providing bi-informational communication about maintaining patient health, delivery of proper informed consent, participating in clinical investigations, completing required documentation in order to participate in the applicable programs, and providing other information. . (b) Conforming amendment Section 505(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(a) ) is amended by inserting , or there is in effect a provisional approval under section 524B with respect to such drug before the period. (c) Reimbursement (1) Private health insurers Section 2719A of the Public Health Service Act ( 42 U.S.C. 300gg–19a ) is amended by adding at the end the following: (e) Treatment of certain drugs A group health plan or health insurance issuer of group or individual health insurance coverage shall not deny coverage of any drug provisionally approved under section 524B of the Federal Food, Drug, and Cosmetic Act on the basis of such drug being experimental. In determining coverage under the applicable plan or coverage, a group health plan or health insurance issuer shall treat a drug provisionally approved under such section in the same manner as such plan or coverage would treat a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act. Nothing in this subsection shall be construed to require a group health plan or health insurance issuer to cover any specific drug provisionally approved under such section 524B. . (2) Federal health care programs The requirement under subsection (e) of section 2719A of the Public Health Service Act (as added by paragraph (1)) shall apply with respect to coverage determinations under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))) in the same manner such requirement applies under such subsection (e). (3) Conforming amendment Section 1927(k)(2)(A)(i) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(2)(A)(i) ) is amended— (A) by striking or which and inserting , which ; and (B) by inserting , or which is provisionally approved under section 524B of such Act before the semicolon. | https://www.govinfo.gov/content/pkg/BILLS-117s1644is/xml/BILLS-117s1644is.xml |
117-s-1645 | II 117th CONGRESS 1st Session S. 1645 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for an accelerated approval pathway for certain drugs that are authorized to be lawfully marketed in other countries.
1. Short title This Act may be cited as the Accelerated Drug Approval for Prescription Therapies Act or the ADAPT Act . 2. Accelerated approval of certain drugs that are authorized to be lawfully marketed in other countries Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq.) is amended by inserting after section 506 the following: 506–1. Accelerated approval of certain drugs that are authorized to be lawfully marketed in other countries (a) In general The Secretary may approve an application for approval for a drug under subsection (c) or (j) of section 505 that is currently authorized to be marketed in one or more of the countries included in the list under section 802(b)(1), upon a determination by the Secretary that the sponsor has submitted evidence sufficient to demonstrate all of the criteria under subsection (b)(1). (b) Criteria (1) In general The Secretary may approve a drug under subsection (a) only if the Secretary determines that there is evidence that— (A) at the time of application, the drug is authorized to be marketed in a country included in the list under section 802(b)(1); (B) the drug is safe and clinically effective and has a satisfactory history of clinical trials and data; (C) the manufacturer is capable of manufacturing the drug safely and consistently, and can assure the safety of the supply chain outside the United States; (D) all relevant United States patents or legal exclusivities are expired; (E) absent reciprocal marketing approval, the drug is not approved for marketing in the United States; (F) the Secretary has not, because of any concern relating to safety or effectiveness, rescinded or withdrawn any such approval; and (G) there is a public health or unmet medical need for the drug in the United States. (2) Limitation Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: (A) The sponsor conduct appropriate postapproval studies to verify and describe the predicted effect on irreversible morbidity or mortality or other clinical benefit of the drug. (B) The sponsor submit copies of all promotional materials related to the product during the preapproval review period and, following approval and for such period thereafter as the Secretary determines to be appropriate, at least 30 days prior to dissemination of the materials. (c) Timeline The Secretary shall make a determination on an application described in subsection (a) not later than 180 days after the date of submission of such application. . | https://www.govinfo.gov/content/pkg/BILLS-117s1645is/xml/BILLS-117s1645is.xml |
117-s-1646 | II 117th CONGRESS 1st Session S. 1646 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To repeal the Jones Act restrictions on coastwise trade, and for other purposes.
1. Short title This Act may be cited as the Open America's Waters Act . 2. Repeal of certain limitations on coastwise trade (a) In general Section 12112(a) of title 46, United States Code, is amended to read as follows: (a) In general A coastwise endorsement may be issued for a vessel that qualifies under the laws of the United States to engage in the coastwise trade. . (b) Regulations Not later than 90 days after the date of the enactment of this Act, the Commandant of the United States Coast Guard shall issue regulations to implement the amendment made by subsection (a) that require all vessels permitted to engage in the coastwise trade to meet all appropriate safety and security requirements. (c) Conforming amendments (1) Tank vessel construction standards Section 3703a(c)(1)(C) of title 46, United States Code, is amended by striking and is qualified for documentation as a wrecked vessel under section 12112 of this title . (2) Liquified gas tankers Section 12120 of such title is amended by striking , if the vessel— and all that follows and inserting a period. (3) Small passenger vessels Section 12121(b) of such title is amended by striking 12112, . (4) Loss of coastwise trade privileges Section 12132 of such title is repealed. (5) Oil spill response vessels Section 12117(b) of such title is amended by striking sections 12103, 12132, and 50501 and inserting sections 12103 and 50501 . (6) Optional regulatory measurement Section 14305(a)(6) of such title is amended by striking sections 12118 and 12132 and inserting section 12118 . (7) Court sales of undocumented vessels Section 31329(b) of such title is amended— (A) in paragraph (1), by striking ; and inserting ; and ; (B) in paragraph (2), by striking ; and and inserting a period; and (C) by striking paragraph (3). (8) Clerical amendment The table of sections for chapter 121 of title 46, United States Code, is amended by striking the item relating to section 12132. | https://www.govinfo.gov/content/pkg/BILLS-117s1646is/xml/BILLS-117s1646is.xml |
117-s-1647 | II 117th CONGRESS 1st Session S. 1647 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize an exception to the restriction on construction of Coast Guard vessels in foreign shipyards for certain construction in shipyards in North Atlantic Treaty Organization countries.
1. Short title This Act may be cited as the Enhancing Coast Guard Readiness Act . 2. Exception to restriction on construction of Coast Guard vessels in foreign shipyards for certain construction in shipyards in North Atlantic Treaty Organization countries (a) In general Section 1151 of title 14, United States Code, is amended— (1) in subsection (a), by striking subsection (b) and inserting subsections (b) and (c) ; and (2) by adding at the end the following new subsection: (c) Subsection (a) shall not apply with respect to construction otherwise covered by that subsection if— (1) the foreign shipyard concerned is located in a North Atlantic Treaty Organization country; and (2) the cost of the construction concerned is less than the cost would be if such construction occurred in a domestic shipyard. . (b) Conforming amendment Section 8679(a) of title 10, United States Code, is amended by inserting and section 1151(c) of title 14 after in subsection (b) . | https://www.govinfo.gov/content/pkg/BILLS-117s1647is/xml/BILLS-117s1647is.xml |
117-s-1648 | II 117th CONGRESS 1st Session S. 1648 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Lee 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 authorize the construction of naval vessels in shipyards in North Atlantic Treaty Organization countries.
1. Construction of naval vessels in shipyards in North Atlantic Treaty Organization countries Section 8679 of title 10, United States Code, is amended— (1) in subsection (a), by striking subsection (b) and inserting subsections (b) and (c) ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection (c): (c) Construction of naval vessels in shipyards in NATO countries The Secretary of the Navy may construct a naval vessel in a foreign shipyard if— (1) the shipyard is located within the boundaries of a member country of the North Atlantic Treaty Organization; and (2) the cost of construction of such vessel in such shipyard will be less than the cost of construction of such vessel in a domestic shipyard. . | https://www.govinfo.gov/content/pkg/BILLS-117s1648is/xml/BILLS-117s1648is.xml |
117-s-1649 | II 117th CONGRESS 1st Session S. 1649 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Tillis (for himself, Mr. Cornyn , Mr. Cotton , Mr. Rounds , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 3606 of title 18, United States Code, to grant probation officers authority to arrest hostile third parties who obstruct or impede a probation officer in the performance of official duties.
1. Short title This Act may be cited as the Probation Officer Protection Act of 2021 . 2. Authority of probation officers (a) In general Section 3606 of title 18, United States Code, is amended— (1) in the heading, by striking and return of a probationer and by inserting authority of probation officers ; (2) by striking If there and inserting (a) If there ; and (3) by adding at the end the following: (b) A probation officer, while in the performance of his or her official duties, may arrest a person without a warrant if there is probable cause to believe that the person has forcibly assaulted, resisted, opposed, impeded, intimidated, or interfered with the probation officer, or a fellow probation officer, in violation of section 111. The arrest authority described in this subsection shall be exercised under such rules and regulations as the Director of the Administrative Office of the United States Courts shall prescribe. . (b) Table of sections The table of sections for subchapter A of chapter 229 of title 18, United States Code, is amended by striking the item relating to section 3606 and inserting the following: 3606. Arrest authority of probation officers. . | https://www.govinfo.gov/content/pkg/BILLS-117s1649is/xml/BILLS-117s1649is.xml |
117-s-1650 | II 117th CONGRESS 1st Session S. 1650 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mr. Sullivan (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect Federal, State, and local public safety officers.
1. Short title This Act may be cited as the Protect Our Heroes Act of 2021 . 2. Findings Congress finds the following: (1) Law enforcement officers, first responders, and public safety officials risk their lives every day to serve and protect our neighborhoods and communities. (2) These men and women are true public servants who regularly sacrifice and encounter grave daily harm. (3) The families of law enforcement officers, first responders, and public safety officials also sacrifice and contribute to their roles as guardians of the public good. (4) In recent times, it has become apparent that these women and men are being targeted intentionally by criminals in our society. (5) Congress must do all it can to promote a system of law and order which enables law enforcement officers, first responders, and public safety officials to properly do their jobs. 3. Protection of public safety officers (a) Killing of public safety officers (1) Offense Chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. Killing of public safety 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 officially 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 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 (1) In general It shall be unlawful for any person to, in any circumstance described in paragraph (2), kill, or attempt or conspire to kill, a current or former judicial officer or public safety officer, while the officer is engaged in official duties, or on account of past performance of official duties. (2) Circumstances described For purposes of paragraph (1), a circumstance described in this paragraph is— (A) the conduct described in paragraph (1) occurs during the course of, or as the result of, the travel of the defendant or the victim— (i) across a State line or national border; or (ii) using a channel, facility, or instrumentality of interstate or foreign commerce; (B) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in paragraph (1); (C) in connection with the conduct described in paragraph (1), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; (D) the conduct described in paragraph (1)— (i) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (ii) otherwise affects interstate or foreign commerce; or (E) the victim is— (i) a Federal law enforcement officer; (ii) a United States judge; or (iii) a federally funded public safety officer. (c) Penalty (1) In general 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) Directive to Commission (A) In general Pursuant to section 994 of title 28, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide sentencing enhancements of not less than 5 offense levels for offenses where the finder of fact at trial determines beyond a reasonable doubt that in the commission of a violation of subsection (b), the defendant lures the victim to a location for the purpose of killing, or attempting to kill, the victim. (B) Requirement In carrying out this paragraph, the United States Sentencing Commission shall assure reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offense, and take into account any mitigating circumstances which might justify exceptions. . (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 public safety officers. . (b) Assault of public safety officers (1) Offense Chapter 7 of title 18, United States Code, is amended by adding at the end the following: 120. Assaults of public safety officers (a) Definitions In this section— (1) 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; (2) the term firefighter includes an individual serving as an officially 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; (3) 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; (4) the term law enforcement officer means an individual, with arrest powers, involved in crime or juvenile delinquency control or reduction or enforcement of the laws; (5) 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 (6) 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 (1) In general It shall be unlawful, in any circumstance described in paragraph (2), to assault, or attempt to assault, a current or former judicial officer or public safety officer, while the officer is engaged in official duties, or on account of past performance of official duties. (2) Circumstances described For purposes of paragraph (1), a circumstance described in this paragraph is— (A) the conduct described in paragraph (1) occurs during the course of, or as the result of, the travel of the defendant or the victim— (i) across a State line or national border; or (ii) using a channel, facility, or instrumentality of interstate or foreign commerce; (B) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in paragraph (1); (C) in connection with the conduct described in paragraph (1), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; (D) the conduct described in paragraph (1)— (i) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (ii) otherwise affects interstate or foreign commerce; or (E) the victim is— (i) a Federal law enforcement officer; (ii) a United States judge; or (iii) a federally funded public safety officer. (c) Penalty (1) In general Any person that violates subsection (b) shall be subject to a fine under this title and— (A) 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; (B) 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; (C) if the assault resulted in serious bodily injury (as defined in section 1365), shall be imprisoned for not less than 10 years; (D) 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 (E) shall be imprisoned for not more than 1 year in any other case. (2) Directive to Commission (A) In general Pursuant to section 994 of title 28, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide sentencing enhancements of not less than 5 offense levels for offenses where the finder of fact at trial determines beyond a reasonable doubt that in the commission of a violation of subsection (b), the defendant lures the victim to a location for the purpose of assaulting, or attempting to assault, the victim. (B) Requirement In carrying out this paragraph, the United States Sentencing Commission shall assure reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offense, and take into account any mitigating circumstances which might justify exceptions. . (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. Assaults of public safety officers. . | https://www.govinfo.gov/content/pkg/BILLS-117s1650is/xml/BILLS-117s1650is.xml |
117-s-1651 | II 117th CONGRESS 1st Session S. 1651 IN THE SENATE OF THE UNITED STATES May 13, 2021 Mrs. Blackburn (for herself and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose certain measures with respect to Hizballah-affected areas in Latin America and the Caribbean and to impose sanctions with respect to senior foreign political figures in Latin America who support Hizballah, and for other purposes.
1. Short title This Act may be cited as the Hizballah in Latin America Accountability Act of 2021 . 2. Definitions In this Act: (1) Appropriate congressional committees In this section, the term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives. (2) Covered country The term covered country means any of the following: (A) Argentina. (B) Belize. (C) Bolivia. (D) Brazil. (E) Chile. (F) Colombia. (G) Cuba. (H) The Dominican Republic. (I) Ecuador. (J) Mexico. (K) Nicaragua. (L) Panama. (M) Paraguay. (N) Peru. (O) Uruguay. (P) Venezuela. (3) Foreign person The term foreign person has the meaning given the term in section 101(d) of the Hizballah International Financing Prevention Act of 2015 ( Public Law 114–102 ; 50 U.S.C. 1701 note). (4) Good The term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. 3. Reporting on illicit activities of Hizballah in Latin America and the Caribbean (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on illicit activities of Hizballah in Latin America and the Caribbean that— (1) estimates— (A) the number of operatives acting on behalf of the Iran’s Revolutionary Guard Corps and intelligence services in covered countries; (B) the number of operatives acting on behalf of Hizballah in covered countries and whether that number exceeds the number of such operatives last estimated by Mr. Roger F. Noriega in testimony before the Permanent Select Committee on Intelligence of the House of Representatives in July 2011; (C) how much of Hizballah’s annual budget derives from illicit operations in covered countries; (D) the type of weapons that have been smuggled to drug trafficking organizations from Iran, Hizballah, or the Quds Force to Latin America and the Caribbean; and (E) the amount of resources the governments of Venezuela, Bolivia, Nicaragua, and Cuba are supplying to Iran to assist in the development of Iran’s weapons of mass destruction programs; (2) describes— (A) recruiting efforts and modes of recruitment by Hizballah, including the target audience of such efforts and the language used; and (B) how Hizballah and the Quds Force have advanced their tactics within the covered countries in the 10 years preceding the date of the enactment of this Act; (3) identifies— (A) financial institutions in covered countries known to be operating on behalf or with ties to Hizballah or the Quds Force; and (B) officials of the governments of covered countries with financial or other ties to the Quds Force or members of Hizballah; and (4) assesses— (A) whether Margarita Island, the tri-border area between Argentina, Paraguay, and Brazil, or any other free trade zone is a headquarters for Hizballah; (B) the relationship between dissidents of the Revolutionary Armed Forces of Colombia (commonly known as the FARC ) and members of the National Liberation Army of Colombia (commonly known as the ELN ) and Hizballah; (C) interagency efforts and progress in combatting illicit activities of Hizballah in covered countries; (D) the actions of Hizballah in covered countries that violate or undermine internationally recognized human rights; (E) the ability and efforts of the government of each covered country to curb illicit activities of Hizballah; and (F) the extent of the role of multilateral fora in efforts of the United States to counter the illicit activities of Hizballah. (b) Briefing required Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall brief the appropriate congressional committees on how Hizballah uses cryptocurrency to conduct illicit activities. (c) Form of report The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 4. Expansion of trade transparency units (a) In general The Secretary of Homeland Security, in consultation with the Secretary of State and the Secretary of the Treasury, shall seek to improve— (1) the regional sharing of data among trade transparency units with respect to operations against malign actors among covered countries with trade transparency units and the United States; and (2) cooperation with the Drug Enforcement Administration, the Federal Bureau of Investigation, and other Federal agencies with respect to trade transparency units. (b) Briefing required Not later than 120 days after date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State and the Secretary of the Treasury, shall brief the appropriate congressional committees on— (1) the legal restrictions and limitations in each bilateral agreement between the United States and a covered country establishing a trade transparency unit that prevent the Department of Homeland Security and authorities in that country from operating to their fullest extent against malign actors; and (2) recommendations for legislative action to address those restrictions and limitations. 5. Sanctions with respect to senior foreign political figures in Latin America and the Caribbean supporting Hizballah (a) In general The President shall impose the sanctions described in section 101(b) of the Hizballah International Financing Prevention Act of 2015 ( Public Law 114–102 ; 50 U.S.C. 1701 note) with respect to each individual on the list required by subsection (b). (b) List (1) In general Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of individuals who are senior foreign political figures in a covered country that the President determines— (A) have knowingly provided material support to or engaged in a significant transaction with Hizballah; or (B) meet the criteria for the imposition of sanctions under the Hizballah International Financing Prevention Act of 2015 ( Public Law 114–102 ; 50 U.S.C. 1701 note). (2) Form The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. 6. Sanctions with respect to foreign persons supporting Hizballah in Latin America and the Caribbean (a) In general The President shall impose the sanctions described in section 101(b) of the Hizballah International Financing Prevention Act of 2015 ( Public Law 114–102 ; 50 U.S.C. 1701 note) with respect to each foreign person on the list required by subsection (b). (b) List (1) In general Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons that the President determines have knowingly directly or indirectly engaged in significant transactions with or provided material support to Hizballah in a covered country. (2) Form The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. 7. Waiver; exceptions; penalties (a) Waiver The President may waive the imposition of sanctions under section 5 or 6 with respect to a foreign person if the President— (1) determines that such a waiver is in the national interests of the United States; and (2) submits to the appropriate congressional committees notice of, and a justification for, the waiver. (b) Penalties; exception to comply with United Nations Headquarters Agreement; Enforcement Subsections (b) and (d)(2) of section 105 of the Hizballah International Financing Prevention Act of 2015 ( Public Law 114–102 ; 50 U.S.C. 1701 note) apply with respect to the imposition of sanctions under sections 5 and 6 to the same extent as such subsections apply with respect to the imposition of sanctions under that Act. (c) Exception Relating to Importation of Goods The authorities and requirements to impose sanctions under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. 8. Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1651is/xml/BILLS-117s1651is.xml |
117-s-1652 | II 117th CONGRESS 1st Session S. 1652 IN THE SENATE OF THE UNITED STATES May 17, 2021 Mr. Whitehouse (for himself, Mr. Brown , Mr. Durbin , Ms. Warren , Mr. Markey , Ms. Klobuchar , Mrs. Feinstein , Ms. Baldwin , Mr. Reed , Mr. Van Hollen , Mr. Leahy , Mr. Booker , Mr. Blumenthal , Ms. Hirono , Mrs. Gillibrand , Mr. Merkley , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To ensure high-income earners pay a fair share of Federal taxes.
1. Short title This Act may be cited as the Paying a Fair Share Act of 2021 . 2. Fair share tax on high-income taxpayers (a) In general Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VIII Fair Share Tax on High-Income Taxpayers Sec. 59B. Fair share tax. 59B. Fair share tax (a) General rule (1) Phase-in of tax In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of— (A) the amount determined under paragraph (2), and (B) a fraction (not to exceed 1)— (i) the numerator of which is the excess of— (I) the taxpayer's adjusted gross income, over (II) the dollar amount in effect under subsection (c)(1), and (ii) the denominator of which is the dollar amount in effect under subsection (c)(1). (2) Amount of tax The amount of tax determined under this paragraph is an amount equal to the excess (if any) of— (A) the tentative fair share tax for the taxable year, over (B) the excess of— (i) the sum of— (I) the regular tax liability (as defined in section 26(b)) for the taxable year, determined without regard to any tax liability determined under this section, (II) the tax imposed by section 55 for the taxable year, plus (III) the payroll tax for the taxable year, over (ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). (b) Tentative fair share tax For purposes of this section— (1) In general The tentative fair share tax for the taxable year is 30 percent of the excess of— (A) the adjusted gross income of the taxpayer, over (B) the modified charitable contribution deduction for the taxable year. (2) Modified charitable contribution deduction For purposes of paragraph (1)— (A) In general The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as— (i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to (ii) such amount, determined before the application of section 68. (B) Taxpayer must itemize In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. (c) High-Income taxpayer For purposes of this section— (1) In general The term high-income taxpayer means, with respect to any taxable year, any taxpayer (other than a corporation) with an adjusted gross income for such taxable year in excess of $1,000,000 (50 percent of such amount in the case of a married individual who files a separate return). (2) Inflation adjustment (A) In general In the case of a taxable year beginning after 2021, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. (d) Payroll tax For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of— (1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such tax is attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during such taxable year, over (2) the deduction allowable under section 164(f) for such taxable year. (e) Special rule for estates and trusts For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). (f) Not treated as tax imposed by this chapter for certain purposes The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55. . (b) Clerical amendment The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part VIII—Fair Share Tax on High-Income Taxpayers . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 3. Sense of the Senate regarding tax reform It is the sense of the Senate that— (1) Congress should enact tax reform that repeals unfair and unnecessary tax loopholes and expenditures, simplifies the system for millions of taxpayers and businesses, and makes sure that the wealthiest taxpayers pay a fair share; and (2) this Act is an interim step that can be done quickly and serve as a floor on taxes for the highest-income taxpayers, cut the deficit by billions of dollars a year, and help encourage more fundamental reform of the tax system. | https://www.govinfo.gov/content/pkg/BILLS-117s1652is/xml/BILLS-117s1652is.xml |
117-s-1653 | II 117th CONGRESS 1st Session S. 1653 IN THE SENATE OF THE UNITED STATES May 17, 2021 Mr. Shelby introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To repeal the current Internal Revenue Code and replace it with a flat tax, thereby guaranteeing economic growth and fairness for all Americans.
1. Short title; table of contents (a) Short title This Act may be cited as the Simplified, Manageable, And Responsible Tax Act or the SMART Act . (b) Table of contents Sec. 1. Short title; table of contents. Title I—Tax reduction and simplification Sec. 101. Individual income tax. Sec. 102. Tax on business activities. Sec. 103. Simplification of rules relating to qualified retirement plans. Sec. 104. Repeal of alternative minimum tax. Sec. 105. Repeal of credits. Sec. 106. Repeal of estate and gift taxes and obsolete income tax provisions. Sec. 107. Effective date. Title II—Supermajority required for tax changes Sec. 201. Supermajority required. I Tax reduction and simplification 101. Individual income tax (a) In general Section 1 of the Internal Revenue Code of 1986 is amended to read as follows: 1. Tax imposed There is hereby imposed on the taxable income of every individual a tax equal to 17 percent of the taxable income of such individual for such taxable year. . (b) Taxable income Section 63 of the Internal Revenue Code of 1986 is amended to read as follows: 63. Taxable income (a) In general For purposes of this subtitle, the term taxable income means the excess of— (1) the sum of— (A) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash and which are received during the taxable year for services performed in the United States, (B) retirement distributions which are includible in gross income for such taxable year, plus (C) amounts received under any law of the United States or of any State which is in the nature of unemployment compensation, over (2) the standard deduction. (b) Standard deduction (1) In general For purposes of this subtitle, the term standard deduction means the sum of— (A) the basic standard deduction, plus (B) the additional standard deduction. (2) Basic standard deduction For purposes of paragraph (1), the basic standard deduction is— (A) $29,190 in the case of— (i) a joint return, or (ii) a surviving spouse (as defined in section 2(a)), (B) $18,630 in the case of a head of household (as defined in section 2(b)), and (C) $14,590 in the case of an individual— (i) who is not married and who is not a surviving spouse or head of household, or (ii) who is a married individual filing a separate return. (3) Additional standard deduction For purposes of paragraph (1), the additional standard deduction is $6,290 for each dependent (as defined in section 152) who is described in section 151(c) for the taxable year and who is not required to file a return for such taxable year. (c) Retirement distributions For purposes of subsection (a), the term retirement distribution means any distribution from— (1) a plan described in section 401(a) which includes a trust exempt from tax under section 501(a), (2) an annuity plan described in section 403(a), (3) an annuity contract described in section 403(b), (4) an individual retirement account described in section 408(a), (5) an individual retirement annuity described in section 408(b), (6) an eligible deferred compensation plan (as defined in section 457), (7) a governmental plan (as defined in section 414(d)), or (8) a trust described in section 501(c)(18). Such term includes any plan, contract, account, annuity, or trust which, at any time, has been determined by the Secretary to be such a plan, contract, account, annuity, or trust. (d) Income of certain children For purposes of this subtitle— (1) an individual’s taxable income shall include the taxable income of each dependent child of such individual who has not attained age 14 as of the close of such taxable year, and (2) such dependent child shall have no liability for tax imposed by section 1 with respect to such income and shall not be required to file a return for such taxable year. (e) Inflation adjustment (1) In general In the case of any taxable year beginning in a calendar year after 2022, each dollar amount contained in subsection (b) shall be increased by an amount determined by the Secretary to be equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment for such calendar year. (2) Cost-of-living adjustment For purposes of paragraph (1), the cost-of-living adjustment for any calendar year is the percentage (if any) by which— (A) the CPI for the preceding calendar year, exceeds (B) the CPI for the calendar year 2021. (3) CPI for any calendar year For purposes of paragraph (2), the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. (4) Consumer Price Index For purposes of paragraph (3), the term Consumer Price Index means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used. (5) Rounding If any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next highest multiple of $10. (f) Marital status For purposes of this section, marital status shall be determined under section 7703. . 102. Tax on business activities (a) In general Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended to read as follows: 11. Tax imposed on business activities (a) Tax imposed There is hereby imposed on every person engaged in a business activity a tax equal to 17 percent of the business taxable income of such person. (b) Liability for tax The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. (c) Business taxable income For purposes of this section— (1) In general The term business taxable income means gross active income reduced by the deductions specified in subsection (d). (2) Gross active income (A) In general For purposes of paragraph (1), the term gross active income means gross receipts from— (i) the sale or exchange of property or services in the United States by any person in connection with a business activity, and (ii) the export of property or services from the United States in connection with a business activity. (B) Exchanges For purposes of this section, the amount treated as gross receipts from the exchange of property or services is the fair market value of the property or services received, plus any money received. (C) Coordination with special rules for financial services, etc Except as provided in subsection (e)— (i) the term property does not include money or any financial instrument, and (ii) the term services does not include financial services. (3) Exemption from tax for activities of governmental entities and tax-exempt organizations For purposes of this section, the term business activity does not include any activity of a governmental entity or of any other organization which is exempt from tax under this chapter. (d) Deductions (1) In general The deductions specified in this subsection are— (A) the cost of business inputs for the business activity, (B) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash for services performed in the United States as an employee, and (C) retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 63(c)) for the benefit of such employees to the extent such contributions are allowed as a deduction under section 404. (2) Business inputs (A) In general For purposes of paragraph (1), the term cost of business inputs means— (i) the amount paid for property sold or used in connection with a business activity, (ii) the amount paid for services (other than for the services of employees, including fringe benefits paid by reason of such services) in connection with a business activity, and (iii) any excise tax, sales tax, customs duty, or other separately stated levy imposed by a Federal, State, or local government on the purchase of property or services which are for use in connection with a business activity. Such term shall not include any tax imposed by chapter 2 or 21. (B) Exceptions Such term shall not include— (i) items described in subparagraphs (B) and (C) of paragraph (1), and (ii) items for personal use not in connection with any business activity. (C) Exchanges For purposes of this section, the amount treated as paid in connection with the exchange of property or services is the fair market value of the property or services exchanged, plus any money paid. (e) Special rules for financial intermediation service activities In the case of the business activity of providing financial intermediation services, the taxable income from such activity shall be equal to the value of the intermediation services provided in such activity. (f) Exception for services performed as employee For purposes of this section, the term business activity does not include the performance of services by an employee for the employee’s employer. (g) Carryover of credit-Equivalent of excess deductions (1) In general If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the credit-equivalent of such excess shall be allowed as a credit against the tax imposed by this section for the following taxable year. (2) Credit-equivalent of excess deductions For purposes of paragraph (1), the credit-equivalent of the excess described in paragraph (1) for any taxable year is an amount equal to— (A) the sum of— (i) such excess, plus (ii) the product of such excess and the 3-month Treasury rate for the last month of such taxable year, multiplied by (B) the rate of the tax imposed by subsection (a) for such taxable year. (3) Carryover of unused credit If the credit allowable for any taxable year by reason of this subsection exceeds the tax imposed by this section for such year, then (in lieu of treating such excess as an overpayment) the sum of— (A) such excess, plus (B) the product of such excess and the 3-month Treasury rate for the last month of such taxable year, shall be allowed as a credit against the tax imposed by this section for the following taxable year. (4) 3-month Treasury rate For purposes of this subsection, the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield (during any 1-month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less. . (b) Tax on noncash compensation provided to employees not engaged in business activity Section 4977 of the Internal Revenue Code of 1986 is amended to read as follows: 4977. Tax on noncash compensation provided to employees not engaged in business activity (a) Imposition of tax There is hereby imposed a tax equal to 17 percent of the value of excludable compensation provided during the calendar year by an employer for the benefit of employees to whom this section applies. (b) Liability for tax The tax imposed by this section shall be paid by the employer. (c) Excludable compensation For purposes of subsection (a), the term excludable compensation means any remuneration for services performed as an employee other than— (1) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash, (2) remuneration for services performed outside the United States, and (3) retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 63(c)). (d) Employees to whom section applies This section shall apply to an employee who is employed in any activity by— (1) any organization which is exempt from taxation under this chapter, or (2) any agency or instrumentality of the United States, any State or political subdivision of a State, or the District of Columbia. . 103. Simplification of rules relating to qualified retirement plans (a) In general The following provisions of the Internal Revenue Code of 1986 are hereby repealed: (1) Nondiscrimination rules (A) Paragraphs (4) and (5) of section 401(a) (relating to nondiscrimination requirements). (B) Sections 401(a)(10)(B) and 416 (relating to top heavy plans). (C) Section 401(a)(17) (relating to compensation limit). (D) Paragraphs (3), (6), and (26) of section 401(a), and section 410(b) (relating to minimum participation and coverage requirements). (E) Paragraphs (3), (8), (11), (12), and (13) of section 401(k), and section 4979 (relating to actual deferral percentage). (F) Section 401(l) (relating to permitted disparity in plan contributions or benefits). (G) Section 401(m) (relating to nondiscrimination test for matching contributions and employee contributions). (H) Paragraphs (1)(D) and (12) of section 403(b) (relating to nondiscrimination requirements). (I) Paragraphs (3) and (6) (other than subparagraph (A)(i) thereof) of section 408(k) (relating to simplified employee pensions). (2) Contribution limits (A) Sections 401(a)(16), 402(h)(2), 403(b) (3) and (4), and 415 (relating to limitations on benefits and contributions under qualified plans). (B) Sections 401(a)(30), 402(g), and 403(b)(1)(E) (relating to limitation on exclusion for elective deferrals). (C) Paragraphs (3) and (7) of section 404(a) (relating to percentage of compensation limits). (D) Section 404(l) (relating to limit on includible compensation). (3) Restrictions on distributions (A) Section 72(t) (relating to 10 percent additional tax on early distributions from qualified retirement plans). (B) Sections 401(a)(9), 403(b)(10), and 4974 (relating to minimum distribution rules). (C) Section 402(e)(4) (relating to net unrealized appreciation). (4) Special requirements for plan benefitting self-employed individuals Subsections (a)(10)(A) and (d) of section 401. (5) Prohibition of tax-exempt organizations and governments from having qualified cash or deferred arrangements Section 401(k)(4)(B). (b) Employer reversions of excess pension assets permitted subject only to income inclusion (1) Repeal of tax on employer reversions Section 4980 of the Internal Revenue Code of 1986 is hereby repealed. (2) Employer reversions permitted without plan termination Section 420 of such Code is amended to read as follows: 420. Transfers of excess pension assets (a) In general If there is a qualified transfer of any excess pension assets of a defined benefit plan (other than a multiemployer plan) to an employer— (1) a trust which is part of such plan shall not be treated as failing to meet the requirements of section 401(a) or any other provision of law solely by reason of such transfer (or any other action authorized under this section), and (2) such transfer shall not be treated as a prohibited transaction for purposes of section 4975. The gross income of the employer shall include the amount of any qualified transfer made during the taxable year. (b) Qualified transfer For purposes of this section— (1) In general The term qualified transfer means a transfer— (A) of excess pension assets of a defined benefit plan to the employer, and (B) with respect to which the vesting requirements of subsection (c) are met in connection with the plan. (2) Only 1 transfer per year No more than 1 transfer with respect to any plan during a taxable year may be treated as a qualified transfer for purposes of this section. (c) Vesting requirements of plans transferring assets The vesting requirements of this subsection are met if the plan provides that the accrued pension benefits of any participant or beneficiary under the plan become nonforfeitable in the same manner which would be required if the plan had terminated immediately before the qualified transfer (or in the case of a participant who separated during the 1-year period ending on the date of the transfer, immediately before such separation). (d) Definition and special rule For purposes of this section— (1) Excess pension assets The term excess pension assets means the excess (if any) of— (A) the lesser of— (i) the fair market value of the plan's assets (reduced by the prefunding balance and funding standard carryover balance determined under section 430(f)), or (ii) the value of plan assets as determined under section 430(g)(3) after reduction under section 430(f), over (B) 125 percent of the sum of the funding target and the target normal cost determined under section 430 for such plan year. (2) Coordination with sections 430 and 433 In the case of a qualified transfer— (A) any assets so transferred shall not, for purposes of this section and sections 430 and 433, be treated as assets in the plan, and (B) in the case of a CSEC plan, the plan shall be treated as having a net experience loss under section 433(b)(2)(B)(iv) in an amount equal to the amount of such transfer and for which amortization charges begin for the first plan year after the plan year in which such transfer occurs, except that such section shall be applied to such amount by substituting 10 plan years for 5 plan years . . 104. Repeal of alternative minimum tax Part VI of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. 105. Repeal of credits Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. 106. Repeal of estate and gift taxes and obsolete income tax provisions (a) Repeal of estate and gift taxes (1) In general Subtitle B of the Internal Revenue Code of 1986 is hereby repealed. (2) Effective date The repeal made by paragraph (1) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after December 31, 2021. (b) Repeal of obsolete income tax provisions (1) In general Except as provided in paragraph (2), chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. (2) Exceptions Paragraph (1) shall not apply to— (A) sections 1, 11, and 63 of such Code, as amended by this Act, (B) those provisions of chapter 1 of such Code which are necessary for determining whether or not— (i) retirement distributions are includible in the gross income of employees, or (ii) an organization is exempt from tax under such chapter, and (C) subchapter D of such chapter 1 (relating to deferred compensation). 107. Effective date Except as otherwise provided in this title, the amendments made by this title shall apply to taxable years beginning after December 31, 2021. II Supermajority required for tax changes 201. Supermajority required (a) In general It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that— (1) increases any Federal income tax rate, (2) creates any additional Federal income tax rate, (3) reduces the standard deduction, or (4) provides any exclusion, deduction, credit, or other benefit which results in a reduction in Federal revenues. (b) Waiver or suspension This section may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. | https://www.govinfo.gov/content/pkg/BILLS-117s1653is/xml/BILLS-117s1653is.xml |
117-s-1654 | II 117th CONGRESS 1st Session S. 1654 IN THE SENATE OF THE UNITED STATES May 17, 2021 Mr. Cramer introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to include certain over-the-counter dietary supplement products as qualified medical expenses.
1. Inclusion of dietary supplement products as qualified medical expenses (a) HSAs Section 223(d)(2) of the Internal Revenue Code of 1986 is amended— (1) by inserting or dietary supplement products after menstrual care products in the last sentence of subparagraph (A); and (2) by adding at the end the following new subparagraph: (E) Dietary supplement product For purposes of this paragraph, the term dietary supplement product means a nutritional product that is labeled with— (i) a statement describing how the product is intended to affect the structure or function of the human body, or (ii) a statement characterizing the mechanism by which the product acts to maintain such structure or function. . (b) Archer MSAs The last sentence of section 220(d)(2)(A) of such Code is amended by inserting or dietary supplement products (as defined in section 223(d)(2)(E)) after menstrual care products (as defined in section 223(d)(2)(D)) . (c) Health flexible spending arrangements and health reimbursement arrangements Section 106(f) of such Code is amended— (1) by inserting or dietary supplement products (as defined in section 223(d)(2)(E)) after menstrual care products (as defined in section 223(d)(2)(D)) ; and (2) in the heading, by inserting and dietary supplement products after menstrual care products . (d) Effective dates (1) Distributions from savings accounts The amendment made by subsections (a) and (b) shall apply to amounts paid after December 31, 2020. (2) Reimbursements The amendment made by subsection (c) shall apply to expenses incurred after December 31, 2020. | https://www.govinfo.gov/content/pkg/BILLS-117s1654is/xml/BILLS-117s1654is.xml |
117-s-1655 | II 117th CONGRESS 1st Session S. 1655 IN THE SENATE OF THE UNITED STATES May 17, 2021 Mr. Tillis introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit States from regulating certain commercial motor vehicle service contracts, and for other purposes.
1. Short title This Act may be cited as the Protecting Interstate Transport Act of 2021 . 2. Federal authority over certain commercial motor vehicle service contracts Section 14501(c)(1) of title 49, United States Code, is amended— (1) by striking the paragraph designation and heading and all that follows through Except and inserting the following: (1) Prices, routes, and services; commercial motor vehicle service contracts (A) Prices, routes, and services Except ; and (2) by adding at the end the following: (B) Commercial motor vehicle service contracts (i) Definitions In this subparagraph: (I) Commercial motor vehicle The term commercial motor vehicle has the meaning given the term in section 31101. (II) Commercial motor vehicle service contract The term commercial motor vehicle service contract means a contract or agreement— (aa) to perform repair or maintenance work on a covered commercial motor vehicle; or (bb) to issue a warranty, or otherwise arrange, for the repair or maintenance of a covered commercial motor vehicle. (III) Covered commercial motor vehicle The term covered commercial motor vehicle means a commercial motor vehicle of a type regularly used by motor carriers for the transportation of property, as determined by the Secretary. (ii) Limitation Except as provided in paragraphs (2) and (3), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a commercial motor vehicle service contract. . | https://www.govinfo.gov/content/pkg/BILLS-117s1655is/xml/BILLS-117s1655is.xml |
117-s-1656 | II 117th CONGRESS 1st Session S. 1656 IN THE SENATE OF THE UNITED STATES May 17, 2021 Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide a taxpayer bill of rights for small businesses.
1. Short title; table of contents (a) Short title This Act may be cited as the Small Business Taxpayer Bill of Rights Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Modification of standards for awarding of costs and certain fees. Sec. 3. Civil damages allowed for reckless or intentional disregard of internal revenue laws. Sec. 4. Modifications relating to certain offenses by officers and employees in connection with revenue laws. Sec. 5. Modifications relating to civil damages for unauthorized inspection or disclosure of returns and return information. Sec. 6. Ban on ex parte discussions. Sec. 7. Right to independent conference. Sec. 8. Alternative dispute resolution procedures. Sec. 9. Increase in monetary penalties for certain unauthorized disclosures of information. Sec. 10. Ban on raising new issues on appeal. Sec. 11. Limitation on enforcement of liens against principal residences. Sec. 12. Additional provisions relating to mandatory termination for misconduct. Sec. 13. Review by the Treasury Inspector General for Tax Administration. Sec. 14. Deduction for expenses relating to certain audits. Sec. 15. Term limit for National Taxpayer Advocate. Sec. 16. Release of IRS levy due to economic hardship for business taxpayers. Sec. 17. Repeal of partial payment requirement on submissions of offers-in-compromise. 2. Modification of standards for awarding of costs and certain fees (a) Small businesses eligible without regard to net worth Subparagraph (D) of section 7430(c)(4) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (i)(II), by striking the period at the end of clause (ii) and inserting , and , and by adding at the end the following new clause: (iii) in the case of an eligible small business, the net worth limitation in clause (ii) of such section shall not apply. . (b) Eligible small business Paragraph (4) of section 7430(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (F) Eligible small business (i) In general For purposes of subparagraph (D)(iii), the term eligible small business means, with respect to any proceeding commenced in a taxable year— (I) a corporation the stock of which is not publicly traded, (II) a partnership, or (III) a sole proprietorship, if the average annual gross receipts of such corporation, partnership, or sole proprietorship for the 3-taxable-year period preceding such taxable year does not exceed $50,000,000. For purposes of applying the test under the preceding sentence, rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply. (ii) Adjustment for inflation In the case of any calendar year after 2021, the $50,000,000 amount in clause (i) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. If any amount as increased under the preceding sentence is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500. . (c) Effective date The amendments made by this section shall apply to proceedings commenced after the date of the enactment of this Act. 3. Civil damages allowed for reckless or intentional disregard of internal revenue laws (a) Increase in amount of damages (1) In general Section 7433(b) of the Internal Revenue Code of 1986 is amended by striking $1,000,000 ($100,000, in the case of negligence) and inserting $5,000,000 ($500,000, in the case of negligence) . (2) Adjustment for inflation Section 7433 of such Code is amended by adding at the end the following new subsection: (f) Adjustment for inflation In the case of any calendar year after 2021, the $5,000,000 and $500,000 amounts in subsection (b) shall each be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. If any amount as increased under the preceding sentence is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500. . (b) Extension of time To bring action Section 7433(d)(3) of the Internal Revenue Code of 1986 is amended by striking 2 years and inserting 5 years . (c) Effective date The amendments made by this section shall apply to actions of employees of the Internal Revenue Service after the date of the enactment of this Act. 4. Modifications relating to certain offenses by officers and employees in connection with revenue laws (a) Increase in penalty Section 7214 of the Internal Revenue Code of 1986 is amended— (1) by striking $10,000 in subsection (a) and inserting $25,000 , and (2) by striking $5,000 in subsection (b) and inserting $10,000 . (b) Adjustment for inflation Section 7214 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Adjustment for inflation In the case of any calendar year after 2021, the $25,000 amount in subsection (a) and the $10,000 amount in subsection (b) shall each be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 5. Modifications relating to civil damages for unauthorized inspection or disclosure of returns and return information (a) Increase in amount of damages Subparagraph (A) of section 7431(c)(1) of the Internal Revenue Code of 1986 is amended by striking $1,000 and inserting $10,000 . (b) Adjustment for inflation Section 7431 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Adjustment for inflation In the case of any calendar year after 2021, the $10,000 amount in subsection (c)(1)(A) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. . (c) Period for bringing action Subsection (d) of section 7431 of the Internal Revenue Code of 1986 is amended by striking 2 years and inserting 5 years . (d) Effective date The amendment made by this section shall apply to inspections and disclosure occurring on and after the date of the enactment of this Act. 6. Ban on ex parte discussions (a) In general Notwithstanding section 1001(a)(4) of the Internal Revenue Service Restructuring and Reform Act of 1998, the Internal Revenue Service shall prohibit any ex parte communications between officers in the Internal Revenue Service Independent Office of Appeals and other Internal Revenue Service employees with respect to any matter pending before such officers. (b) Termination of employment for misconduct Subject to subsection (c), the Commissioner of Internal Revenue shall terminate the employment of any employee of the Internal Revenue Service if there is a final administrative or judicial determination that such employee committed any act or omission prohibited under subsection (a) in the performance of the employee’s official duties. Such termination shall be a removal for cause on charges of misconduct. (c) Determination of commissioner (1) In general The Commissioner of Internal Revenue may take a personnel action other than termination for an act prohibited under subsection (a). (2) Discretion The exercise of authority under paragraph (1) shall be at the sole discretion of the Commissioner of Internal Revenue and may not be delegated to any other officer. At the sole discretion of the Commissioner of Internal Revenue, such Commissioner may establish a procedure which will be used to determine whether an individual should be referred to the Commissioner of Internal Revenue for a determination by the Commissioner under paragraph (1). (3) No appeal Any determination of the Commissioner of Internal Revenue under this subsection may not be appealed in any administrative or judicial proceeding. (d) TIGTA reporting of termination or mitigation Section 7803(d)(1)(E) of the Internal Revenue Code of 1986 is amended by inserting or section 6 of the Small Business Taxpayer Bill of Rights Act of 2021 after 1998 . 7. Right to independent conference Section 1001 of the Internal Revenue Service Restructuring and Reform Act of 1998 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Right to independent conference Under the organization plan of the Internal Revenue Service, a taxpayer shall have the right to a conference with the Internal Revenue Service Independent Office of Appeals which does not include personnel from the Office of Chief Counsel for the Internal Revenue Service or the compliance functions of the Internal Revenue Service unless the taxpayer specifically consents to the participation of such personnel. . 8. Alternative dispute resolution procedures (a) In general Section 7123 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Availability of dispute resolutions (1) In general The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide that a taxpayer may request mediation or arbitration in any case unless the Secretary has specifically excluded the type of issue involved in such case or the class of cases to which such case belongs as not appropriate for resolution under such subsection. The Secretary shall make any determination that excludes a type of issue or a class of cases public within 5 working days and provide an explanation for each determination. (2) Independent mediators (A) In general The procedures prescribed under subsection (b)(1) shall provide the taxpayer an opportunity to elect to have the mediation conducted by an independent, neutral individual not employed by the Internal Revenue Service Independent Office of Appeals. (B) Cost and selection (i) In general Any taxpayer making an election under subparagraph (A) shall be required— (I) to share the costs of such independent mediator equally with the Internal Revenue Service Independent Office of Appeals, and (II) to limit the selection of the mediator to a roster of recognized national or local neutral mediators. (ii) Exception Clause (i)(I) shall not apply to any taxpayer who is an individual or who was a small business in the preceding calendar year if such taxpayer had an adjusted gross income that did not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, in the taxable year preceding the request. (iii) Small business For purposes of clause (ii), the term small business has the meaning given such term under section 41(b)(3)(D)(iii). (3) Availability of process The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide the opportunity to elect mediation or arbitration at the time when the case is first filed with the Internal Revenue Service Independent Office of Appeals and at any time before deliberations in the appeal commence. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 9. Increase in monetary penalties for certain unauthorized disclosures of information (a) In general Paragraphs (1), (2), (3), and (4) of section 7213(a) of the Internal Revenue Code of 1986 are each amended by striking $5,000 and inserting $10,000 . (b) Adjustment for inflation Subsection (a) of section 7213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Adjustment for inflation In the case of any calendar year after 2021, the $10,000 amounts in paragraphs (1), (2), (3), and (4) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. . (c) Effective date The amendments made by this section shall apply to disclosures made after the date of the enactment of this Act. 10. Ban on raising new issues on appeal (a) In general Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7531. Prohibition on Internal Revenue Service raising new issues in an internal appeal (a) In general In reviewing an appeal of any determination initially made by the Internal Revenue Service, the Internal Revenue Service Independent Office of Appeals may not consider or decide any issue that is not within the scope of the initial determination. (b) Certain issues deemed outside of scope of determination For purposes of subsection (a), the following matters shall be considered to be not within the scope of a determination: (1) Any issue that was not raised in a notice of deficiency or an examiner's report which is the subject of the appeal. (2) Any deficiency in tax which was not included in the initial determination. (3) Any theory or justification for a tax deficiency which was not considered in the initial determination. (c) No inference with respect to issues raised by taxpayers Nothing in this section shall be construed to provide any limitation in addition to any limitations in effect on the date of the enactment of this section on the right of a taxpayer to raise an issue, theory, or justification on an appeal from a determination initially made by the Internal Revenue Service that was not within the scope of the initial determination. . (b) Clerical amendment The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 7531. Prohibition on Internal Revenue Service raising new issues in an internal appeal. . (c) Effective date The amendments made by this section shall apply to matters filed or pending with the Internal Revenue Service Independent Office of Appeals on or after the date of the enactment of this Act. 11. Limitation on enforcement of liens against principal residences (a) In general Section 7403(a) of the Internal Revenue Code of 1986 is amended— (1) by striking In any case and inserting the following: (1) In general In any case ; and (2) by adding at the end the following new paragraph: (2) Limitation with respect to principal residence (A) In general Paragraph (1) shall not apply to any property used as the principal residence of the taxpayer (within the meaning of section 121) unless the Secretary of the Treasury makes a written determination that— (i) all other property of the taxpayer, if sold, is insufficient to pay the tax or discharge the liability, and (ii) such action will not create an economic hardship for the taxpayer. (B) Delegation For purposes of this paragraph, the Secretary of the Treasury may not delegate any responsibilities under subparagraph (A) to any person other than— (i) the Commissioner of Internal Revenue, or (ii) a district director or assistant district director of the Internal Revenue Service. . (b) Effective date The amendments made by this section shall apply to actions filed after the date of the enactment of this Act. 12. Additional provisions relating to mandatory termination for misconduct (a) Termination of unemployment for inappropriate review of tax-Exempt status Section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998 ( 26 U.S.C. 7804 note) is amended by striking and at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ; and , and by adding at the end the following new paragraph: (11) in the case of any review of an application for tax-exempt status by an organization described in section 501(c) of the Internal Revenue Code of 1986, developing or using any methodology that applies disproportionate scrutiny to any applicant based on the ideology expressed in the name or purpose of the organization. . (b) Mandatory unpaid administrative leave for misconduct Paragraph (1) of section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 ( 26 U.S.C. 7804 note) is amended by adding at the end the following new sentence: Notwithstanding the preceding sentence, if the Commissioner of Internal Revenue takes a personnel action other than termination for an act or omission described in subsection (b), the Commissioner shall place the employee on unpaid administrative leave for a period of not less than 90 days. . (c) Limitation on alternative punishment Paragraph (1) of section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 ( 26 U.S.C. 7804 note) is amended by striking The Commissioner and inserting Except in the case of an act or omission described in subsection (b)(3)(A), the Commissioner . 13. Review by the Treasury Inspector General for Tax Administration (a) Review Subsection (k)(1) of section 8D of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subparagraph (C), by striking and at the end; (2) by redesignating subparagraph (D) as subparagraph (E); (3) by inserting after subparagraph (C) the following new subparagraph: (D) shall— (i) review any criteria employed by the Internal Revenue Service to select tax returns (including applications for recognition of tax-exempt status) for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review in order to determine whether the criteria discriminates against taxpayers on the basis of race, religion, or political ideology; and (ii) consult with the Internal Revenue Service on recommended amendments to such criteria in order to eliminate any discrimination identified pursuant to the review described in clause (i); and ; and (4) in subparagraph (E), as so redesignated, by striking and (C) and inserting (C), and (D) . (b) Semiannual Report Subsection (g) of section 8D of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new paragraph: (3) Any semiannual report made by the Treasury Inspector General for Tax Administration that is required pursuant to section 5(a) shall include— (A) a statement affirming that the Treasury Inspector General for Tax Administration has reviewed the criteria described in subsection (k)(1)(D) and consulted with the Internal Revenue Service regarding such criteria; and (B) a description and explanation of any such criteria that was identified as discriminatory by the Treasury Inspector General for Tax Administration. . 14. Deduction for expenses relating to certain audits (a) In general Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (22) Expenses relating to certain audits The deduction allowed by section 224. . (b) Deduction for expenses relating to certain audits Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Expenses relating to certain audits (a) Allowance of deduction In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to so much of the qualified NRP expenses paid or incurred during the taxable year as does not exceed $5,000. (b) Qualified NRP expenses For purposes of this section, the term qualified NRP expenses means amounts which but for subsection (d) would be allowed as a deduction under section 162 or 212(3) in connection with an audit of the taxpayer's return of the tax imposed by this chapter for any taxable year under the National Research Program, but only if such audit results in no increase in the tax liability of the taxpayer for such taxable year. (c) Denial of double benefit No deduction shall be allowed under any other provision of this chapter for any amount for which a deduction is allowed under this section. . (c) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 224 and by inserting after the item relating to section 223 the following new items: Sec. 224. Expenses relating to certain audits. Sec. 225. Cross reference. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 15. Term limit for National Taxpayer Advocate (a) In general Subparagraph (B) of section 7803(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (v) Term The term of the National Taxpayer Advocate shall be a 10-year term, beginning with a term to commence on the date which is 18 months after the date of the enactment of the Small Business Taxpayer Bill of Rights Act of 2021 . Each subsequent term shall begin on the day after the date on which the previous term expires. The National Taxpayer Advocate may be appointed to serve more than 1 term. . (b) Effective date The term of any individual serving as the National Taxpayer Advocate under section 7803(c) of the Internal Revenue Code of 1986 as of the date of the enactment of this Act shall end as of the day before the date which is 18 months after such date of enactment, unless such individual is reappointed as the National Taxpayer Advocate for a subsequent term pursuant to section 7803(c)(1)(B)(v) of such Code. 16. Release of IRS levy due to economic hardship for business taxpayers (a) In general Subparagraph (D) of section 6343(a)(1) of the Internal Revenue Code of 1986 is amended by striking or and inserting including the financial condition of the taxpayer's viable trade or business, or . (b) Determination of economic hardship Subsection (a) of section 6343 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Determination of economic hardship to business taxpayer In determining whether to release any levy under paragraph (1)(D), the Secretary shall consider— (A) the economic viability of the business, (B) the nature and extent of the hardship created by the levy (including whether the taxpayer has exercised ordinary business care and prudence), and (C) the potential harm to individuals if the business is liquidated. . (c) Effective date The amendments made by this section shall apply to levies made after the date of the enactment of this Act. 17. Repeal of partial payment requirement on submissions of offers-in-compromise (a) In general Section 7122 of the Internal Revenue Code of 1986 is amended by striking subsection (c) and by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f), respectively. (b) Conforming amendments (1) Paragraph (3) of section 7122(c) of the Internal Revenue Code of 1986, as redesignated by subsection (a), is amended by inserting and at the end of subparagraph (A), by striking , and at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Section 7122 of such Code, as amended by this section, is amended by adding at the end the following new subsection: (g) Application of user fee In the case of any assessed tax or other amounts imposed under this title with respect to such tax which is the subject of an offer-in-compromise, such tax or other amounts shall be reduced by any user fee imposed under this title with respect to such offer-in-compromise. . (3) Section 6159(g) of such Code is amended by striking section 7122(e) and inserting section 7122(d) . (c) Effective date The amendments made by this section shall apply to offers-in-compromise submitted after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1656is/xml/BILLS-117s1656is.xml |
117-s-1657 | II 117th CONGRESS 1st Session S. 1657 IN THE SENATE OF THE UNITED STATES May 17, 2021 Mr. Rubio (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to the People's Republic of China in relation to activities in the South China Sea and the East China Sea, and for other purposes.
1. Short title This Act may be cited as the South China Sea and East China Sea Sanctions Act of 2021 . 2. Definitions In this Act: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Alien The term alien has the meaning given that term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (3) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (4) Chinese person The term Chinese person means— (A) an individual who is a citizen or national of the People's Republic of China; or (B) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (5) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. (6) Foreign financial institution The term foreign financial institution has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (7) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (8) Person The term person means any individual or entity. (9) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 3. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea (a) Initial imposition of sanctions On and after the date that is 60 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to— (1) any Chinese person that contributes to construction or development projects, including land reclamation, island-making, lighthouse construction, building of base stations for mobile communications services, building of electricity and fuel supply facilities, or civil infrastructure projects, or contributes to the ongoing supply of new settlements resulting from such development projects, in areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations; (2) any Chinese person that is responsible for or complicit in, or has engaged in, directly or indirectly, actions or policies that threaten the peace, security, or stability of areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations or areas of the East China Sea administered by Japan or the Republic of Korea, including through the use of vessels and aircraft to impose the sovereignty of the People’s Republic of China in those areas; (3) any Chinese person that engages, or attempts to engage, in an activity or transaction that materially contributes to, or poses a risk of materially contributing to, an activity described in paragraph (1) or (2); and (4) any person that— (A) is owned or controlled by a person described in paragraph (1), (2), or (3); (B) is acting for or on behalf of such a person; or (C) provides, or attempts to provide— (i) financial, material, technological, or other support to a person described in paragraph (1), (2), or (3); or (ii) goods or services in support of an activity described in paragraph (1), (2), or (3). (b) Sanctions described (1) Blocking of property The President shall block and prohibit, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of any person subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Exclusion from united states The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien. (3) Current visa revoked The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to any person subject to subsection (a) that is an alien, regardless of when issued. The revocation shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (c) Exceptions; penalties (1) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of subsection (b)(1). (2) Compliance with united nations headquarters agreement Paragraphs (2) and (3) of subsection (b) shall not apply if admission of an alien to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States. (3) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under subsection (b)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (d) Additional imposition of sanctions (1) In general The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 60 days after the date of the enactment of this Act, conducts or facilitates a significant financial transaction for a person subject to subsection (a) if the Director of National Intelligence determines that the Government of the People’s Republic of China has— (A) declared an air defense identification zone over any part of the South China Sea; (B) initiated reclamation work at another disputed location in the South China Sea, such as at Scarborough Shoal; (C) seized control of Second Thomas Shoal; (D) deployed surface-to-air missiles to any of the artificial islands the People’s Republic of China has built in the Spratly Island chain, including Fiery Cross, Mischief, or Subi Reefs; (E) established territorial baselines around the Spratly Island chain; (F) repeated harassment of Philippine vessels; or (G) repeated provocative actions against the Japanese Coast Guard or Maritime Self-Defense Force or United States forces in the East China Sea. (2) Report (A) In general The determination of the Director of National Intelligence referred to in paragraph (1) shall be submitted in a report to the President and the appropriate committees of Congress. (B) Form of report The report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. 4. Determinations and report on Chinese companies active in the South China Sea and the East China Sea (a) In general The Secretary of State shall submit to the appropriate committees of Congress a report that identifies each Chinese person the Secretary determines is engaged in the activities described in section 3(a). (b) Consideration In preparing the report required under subsection (a), the Secretary shall make specific findings with respect to whether each of the following persons is involved in the activities described in section 3(a): (1) CCCC Tianjin Dredging Co., Ltd. (2) CCCC Dredging (Group) Company, Ltd. (3) China Communications Construction Company (CCCC), Ltd. (4) China Petroleum Corporation (Sinopec Group). (5) China Mobile. (6) China Telecom. (7) China Southern Power Grid. (8) CNFC Guangzhou Harbor Engineering Company. (9) Zhanjiang South Project Construction Bureau. (10) Hubei Jiangtian Construction Group. (11) China Harbour Engineering Company (CHEC). (12) Guangdong Navigation Group (GNG) Ocean Shipping. (13) Shanghai Leading Energy Shipping. (14) China National Offshore Oil Corporation (CNOOC). (15) China Oilfield Services Limited (COSL). (16) China Precision Machinery Import/Export Corporation (CPMIEC). (17) China Aerospace Science and Industry Corporation (CASIC). (18) Aviation Industry Corporation of China (AVIC). (19) Shenyang Aircraft Corporation. (20) Shaanxi Aircraft Corporation. (21) China Ocean Shipping (Group) Company (COSCO). (22) China Southern Airlines. (23) Zhan Chaoying. (24) Sany Group. (25) Chinese persons affiliated with any of the entities specified in paragraphs (1) through (24). (c) Submission and form (1) Submission The report required by subsection (a) shall be submitted not later than 60 days after the date of the enactment of this Act and every 180 days thereafter until the date that is 3 years after such date of enactment. (2) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines it is necessary for the national security interests of the United States to do so. (3) Public availability The Secretary shall publish the unclassified part of the report required by subsection (a) on a publicly available website of the Department of State. 5. Prohibition against documents portraying the South China Sea or the East China Sea as part of China The Government Publishing Office may not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea contested by one or more members of the Association of Southeast Asian Nations or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea is part of the territory or airspace of the People’s Republic of China. 6. Prohibition on facilitating certain investments in the South China Sea or the East China Sea (a) In general No United States person may take any action to approve, facilitate, finance, or guarantee any investment, provide insurance, or underwriting in the South China Sea or the East China Sea that involves any person with respect to which sanctions are imposed under section 3(a). (b) Enforcement The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such actions, including the promulgation of such rules and regulations, as may be necessary to carry out the purposes of this section. (c) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (d) Exception Subsection (a) shall not apply with respect to humanitarian assistance, disaster assistance, or emergency food assistance. 7. Department of Justice affirmation of non-recognition of annexation In any matter before any United States court, upon request of the court or any party to the matter, the Attorney General shall affirm the United States policy of not recognizing the de jure or de facto sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. 8. Non-recognition of Chinese sovereignty over the South China Sea or the East China Sea (a) United states armed forces The Secretary of Defense may not take any action, including any movement of aircraft or vessels that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (b) United states flagged vessels No vessel that is issued a certificate of documentation under chapter 121 of title 46, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (c) United states aircraft No aircraft operated by an air carrier that holds an air carrier certificate issued under chapter 411 of title 49, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. 9. Prohibition on certain assistance to countries that recognize Chinese sovereignty over the South China Sea or the East China Sea (a) Prohibition Except as provided by subsection (c) or (d), no amounts may be obligated or expended to provide foreign assistance to the government of any country identified in a report required by subsection (b). (b) Report required (1) In general Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 3 years after such date of enactment, the Secretary of State shall submit to the appropriate committees of Congress a report identifying each country that the Secretary determines recognizes, after such date of enactment, the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so. (3) Public availability The Secretary of State shall publish the unclassified part of the report required by paragraph (1) on a publicly available website of the Department of State. (c) Exception This section shall not apply with respect to Taiwan, humanitarian assistance, disaster assistance, emergency food assistance, or the Peace Corps. (d) Waiver The President may waive the application of subsection (a) with respect to the government of a country if the President determines that the waiver is in the national interests of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s1657is/xml/BILLS-117s1657is.xml |
117-s-1658 | II 117th CONGRESS 1st Session S. 1658 IN THE SENATE OF THE UNITED STATES May 17, 2021 Mr. Merkley (for himself, Ms. Murkowski , Mr. Booker , Mr. Casey , 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 Fair Labor Standards Act of 1938 to expand access to breastfeeding accommodations in the workplace, and for other purposes.
1. Short title This Act may be cited as the Providing Urgent Maternal Protections for Nursing Mothers Act or the PUMP for Nursing Mothers Act . 2. Breastfeeding accommodations in the workplace (a) Expanding employee access to break time and space The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.) is amended— (1) in section 7, by striking subsection (r); (2) in section 15(a)— (A) by striking the period at the end of paragraph (5) and inserting ; and ; and (B) by adding at the end the following: (6) to violate any of the provisions of section 18D. ; (3) in section 16(b), by striking 7(r) each place the term appears and inserting 18D ; and (4) by inserting after section 18C the following: 18D. Breastfeeding accommodations in the workplace (a) In general An employer shall provide— (1) a reasonable break time for an employee to express breast milk for such employee’s nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and (2) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. (b) Compensation (1) In general Subject to paragraph (2), an employer shall not be required to compensate an employee receiving reasonable break time under subsection (a)(1) for any time spent during the workday for such purpose unless otherwise required by Federal or State law or municipal ordinance. (2) Relief from duties Break time provided under paragraph (1) shall be considered hours worked if the employee is not completely relieved from duty during the entirety of such break. (c) Exemption An employer that employs less than 50 employees shall not be subject to the requirements of this section, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business. (d) Laws providing greater protection Nothing in this section shall preempt a State law or municipal ordinance that provides greater protections to employees than the protections provided for under this section. . (b) Clarifying remedies Section 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(b) ) is amended by striking 15(a)(3) each place the term appears and inserting 7(r) or 15(a)(3) . 3. Effective date (a) Expanding access The amendments made by section 2(a) shall take effect on the date that is 120 days after the date of enactment of this Act. (b) Remedies and clarification The amendments made by section 2(b) shall take effect on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1658is/xml/BILLS-117s1658is.xml |
117-s-1659 | II 117th CONGRESS 1st Session S. 1659 IN THE SENATE OF THE UNITED STATES May 17, 2021 Ms. Lummis (for herself and Mr. Kelly ) 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 carry out a highway cost allocation study, and for other purposes.
1. Short title This Act may be cited as the Highway Cost Allocation Study Act of 2021 . 2. Findings Congress finds that— (1) the Highway Trust Fund was designed to be self-sustaining by relying on user fees from motorists on the roadways; (2) however, since 2008, the Highway Trust Fund has experienced a revenue shortfall; (3) Congress has relied on transfers from the general fund of the Treasury to supplement the Highway Trust Fund since that time, undermining the user fee model; (4) the Department of Transportation last completed a highway cost allocation study in 1997; and (5) the information gained from an updated highway cost allocation study could allow Congress to equitably ensure the long-term solvency of the Highway Trust Fund. 3. Highway cost allocation study (a) In general Not later than 4 years after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the Secretary ), in coordination with State departments of transportation, shall carry out a highway cost allocation study to determine the direct costs of highway use by various types of users. (b) Inclusions The study under subsection (a) shall include an examination of— (1) the Federal costs occasioned in the design, construction, rehabilitation, and maintenance of Federal-aid highways by— (A) the use of vehicles of different dimensions, weights, number of axles, and other specifications; and (B) the frequency of those vehicles in the traffic stream; and (2) the proportionate share of the costs described in paragraph (1) that are attributable to each class of highway users. (c) Requirements In carrying out the study under subsection (a), the Secretary shall— (1) ensure that the study examines only direct Federal costs of highway use; (2) capture the various driving conditions in different geographic areas of the United States; and (3) to the maximum extent practicable, distinguish between costs directly occasioned by a highway user class and costs occasioned by all highway user classes. (d) Reports (1) Interim reports Not less frequently than annually during the period during which the Secretary is carrying out the study under subsection (a), the Secretary shall submit to Congress an interim report on the progress of the study. (2) Final report On completion of the study under subsection (a), the Secretary shall submit to Congress a final report on the results of the study, including the recommendations under subsection (e). (e) Recommendations On completion of the study under subsection (a), the Secretary, in coordination with the Secretary of the Treasury, shall develop recommendations for a set of revenue options to fully cover the costs occasioned by highway users, including recommendations for— (1) changes to existing revenue streams; and (2) new revenue streams based on user fees. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. | https://www.govinfo.gov/content/pkg/BILLS-117s1659is/xml/BILLS-117s1659is.xml |
117-s-1660 | II 117th CONGRESS 1st Session S. 1660 IN THE SENATE OF THE UNITED STATES May 17, 2021 Mr. Booker (for himself, Mr. Markey , Mrs. Gillibrand , Mr. Merkley , Mrs. Murray , Ms. Hirono , Mr. Sanders , Mr. Blumenthal , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To expand access to health care services for immigrants by removing legal and policy barriers to health insurance coverage, and for other purposes.
1. Short title This Act may be cited as the Health Equity and Access under the Law for Immigrant Families Act of 2021 or the HEAL for Immigrant Families Act of 2021 . 2. Findings; purpose (a) Findings Congress finds as follows: (1) Health insurance coverage reduces harmful racial, economic, gender, and health inequities by alleviating cost barriers to, and increasing utilization of, necessary health care services, especially among low-income and underserved populations. (2) Based solely on their immigration status, many immigrants and their families face legal and policy restrictions on their ability to obtain affordable health insurance coverage through Medicaid, the Children’s Health Insurance Program (CHIP), and the health insurance exchanges. (3) Lack of health insurance coverage contributes to persistent inequities in the prevention, diagnosis, and treatment of health conditions. This leads to negative health outcomes for immigrants and their families, especially Black, Indigenous, Latinx, Asian, Pacific Islander, and other Immigrants of Color. (4) Black immigrant women often cite cost as a major barrier to health care. Many who are undocumented forgo doctor visits altogether due to the financial burden in addition to consistent racial bias by medical practitioners and racism in health care. (5) Nearly half of immigrant women are of reproductive age. Immigrant women, lesbian, gay, bisexual, transgender, and queer (LGBTQ) immigrants, and immigrants with disabilities disproportionately live in households with low incomes and lack health insurance coverage. Legal and policy barriers to affordable health insurance coverage significantly exacerbate their risk of negative pregnancy-related and other reproductive and sexual health outcomes, with lasting health and economic consequences for immigrant women, LGBTQ immigrants, immigrants with disabilities, and their families and society as a whole. (6) Immigrants who identify as LGBTQ experience compounding discrimination from health care providers and systems based on race and ethnicity, primary language, immigration status, sexual orientation, and gender identity. Nearly one in five transgender patients have been refused care due to their gender non-conforming status, and providers have denied care to undocumented immigrants because of immigration status. These inequities are exacerbated by legal and policy barriers that restrict access to health coverage on the basis of immigration status, exposing LGBTQ immigrant communities to disproportionate gaps in affordable, comprehensive health care. These compounding barriers are especially harmful for LGBTQ immigrants who are escaping interpersonal and state violence due to their sexual orientation and gender identity. (7) Denying health insurance coverage or imposing waiting periods for health insurance coverage on the basis of immigration status unfairly hinders immigrants’ ability to reach and maintain their optimal levels of health and undermines the economic well-being of their families. (8) International human rights standards hold that governments have an affirmative obligation to ensure that everyone, including immigrants, can access safe, respectful, culturally and linguistically appropriate, and high-quality pregnancy-related care, including postpartum care, free from discrimination or violence. Medicaid is the nation’s single largest payer for pregnancy-related care. Nevertheless, barriers to health coverage persist for pregnant and postpartum people, particularly immigrants. (9) Immigrants—especially Black, Indigenous, Latinx, Asian, and Pacific Islander immigrants—are among those most harmed by the United States’ pregnancy-related morbidity and mortality epidemic, which is the worst among high-income nations. Black people are more than three times more likely than white people to suffer pregnancy-related death, and twice as likely to suffer maternal morbidity. Indigenous people are more than two times more likely than white people to die from a pregnancy-related death. The majority of United States pregnancy-related deaths are preventable. Lack of access to health care, immigration status, poverty, and exposure to racism, sexism, and xenophobia in and beyond the health care system contribute to the disproportionately high number of pregnancy-related deaths among BIPOC birthing and postpartum people. Unnecessary barriers that limit pregnant and postpartum immigrants’ access to health care undermine their health, safety, and human rights. (10) One in seven United States residents is foreign-born, approximately one in four children in the United States has at least one immigrant parent, and the population of immigrant families in the United States is expected to continue to grow in the coming years. It is therefore in our collective public health and economic interest to remove legal and policy barriers to affordable health insurance coverage that are based on immigration status. (11) Although individuals granted relief under the Deferred Action for Childhood Arrivals (DACA) program are authorized to live and work in the United States, they have been unfairly excluded from the definitions of lawfully present and lawfully residing for purposes of health insurance coverage provided through the Department of Health and Human Services, including Medicaid, CHIP, and the health insurance exchanges. (12) Since immigration law evolves constantly, new immigration categories for individuals with federally authorized presence in the United States may be created. (13) Some States continue to unwisely restrict Medicaid access for immigrants who have long resided in the United States, fueling significant health inequities and increasing health care costs for individuals and the public. (14) Congress restored Medicaid eligibility for individuals living in the United States under the Compacts of Free Association as part of bipartisan legislation in December 2020 and should build on that success by ensuring all immigrants can access care. (b) Purpose It is the purpose of this Act to— (1) ensure that all individuals who are lawfully present in the United States are eligible for all federally funded health care programs; (2) advance the ability of undocumented individuals to obtain health insurance coverage through the health insurance exchanges established under part II of the Patient Protection and Affordable Care Act, Public Law 111–148 ; (3) eliminate the authority for States to restrict Medicaid eligibility for lawful permanent residents; and (4) eliminate other barriers to accessing Medicaid, CHIP, and other medical assistance. 3. Removing barriers to health coverage for lawfully residing individuals (a) Medicaid Section 1903(v)(4) of the Social Security Act ( 42 U.S.C. 1396b(v)(4) ) is amended— (1) by amending subparagraph (A) to read as follows: (A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, a State shall provide medical assistance under this title to individuals who are lawfully residing in the United States (including individuals described in paragraph (1), battered individuals described in section 431(c) of such Act, and individuals with an approved or pending application for deferred action or other federally authorized presence), if they otherwise meet the eligibility requirements for medical assistance under the State plan approved under this title (other than the requirement of the receipt of aid or assistance under title IV, supplemental security income benefits under title XVI, or a State supplementary payment). ; (2) by amending subparagraph (B) to read as follows: (B) No debt shall accrue under an affidavit of support against any sponsor of an individual provided medical assistance under subparagraph (A) on the basis of provision of assistance to such individual and the cost of such assistance shall not be considered as an unreimbursed cost. ; and (3) in subparagraph (C)— (A) by striking an election by the State under subparagraph (A) and inserting the application of subparagraph (A) ; (B) by inserting or be lawfully present after lawfully reside ; and (C) by inserting or present after lawfully residing each place it appears. (b) CHIP Subparagraph (O) of section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended to read as follows: (O) Paragraph (4) of section 1903(v) (relating to lawfully residing individuals). . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act and shall apply to services furnished on or after the date that is 90 days after such date of enactment. (2) Exception if state legislation required In the case of a State plan for medical assistance under title XIX, or a State child health plan under title XXI, of the Social Security Act 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, the respective State plan shall not be regarded as failing to comply with the requirements of such title 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 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. 4. Consistency in health insurance coverage for individuals with federally authorized presence, including deferred action (a) In general For purposes of eligibility under any of the provisions described in subsection (b), all individuals granted federally authorized presence in the United States shall be considered to be lawfully present in the United States. (b) Provisions described The provisions described in this subsection are the following: (1) Exchange eligibility Section 1411 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ). (2) Reduced cost-sharing eligibility Section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ). (3) Premium subsidy eligibility Section 36B of the Internal Revenue Code of 1986 ( 26 U.S.C. 36B ). (4) Medicaid and chip eligibility Titles XIX and XXI of the Social Security Act, including under section 1903(v) of such Act ( 42 U.S.C. 1396b(v) ). (c) Effective date (1) In general Subsection (a) shall take effect on the date of enactment of this Act. (2) Transition through special enrollment period In the case of an individual described in subsection (a) who, before the first day of the first annual open enrollment period under subparagraph (B) of section 1311(c)(6) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6) ) beginning after the date of enactment of this Act, is granted federally authorized presence in the United States and who, as a result of such subsection, qualifies for a subsidy under a provision described in paragraph (2) or (3) of subsection (b), the Secretary of Health and Human Services shall establish a special enrollment period under subparagraph (C) of such section 1311(c)(6) during which such individual may enroll in qualified health plans through Exchanges under title I of the Patient Protection and Affordable Care Act and qualify for such a subsidy. For such an individual who has been granted federally authorized presence in the United States as of the date of enactment of this Act, such special enrollment period shall begin not later than 90 days after such date of enactment. Nothing in this paragraph shall be construed as affecting the authority of the Secretary to establish additional special enrollment periods under such subparagraph (C). 5. Removing citizenship and immigration barriers to access to affordable health care under the ACA (a) In general (1) Premium tax credits Section 36B of the Internal Revenue Code of 1986 is amended— (A) in subsection (c)(1)(B)— (i) by amending the heading to read as follows: Special rule for certain individuals ineligible for medicaid due to status ; and (ii) by amending clause (ii) to read as follows: (ii) the taxpayer is a noncitizen who is not eligible for the Medicaid program under title XIX of the Social Security Act by reason of the individual’s immigration status, . (B) by striking subsection (e). (2) Cost-sharing reductions Section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) is amended by striking subsection (e) and redesignating subsection (f) as subsection (e). (3) Basic health program eligibility Section 1331(e)(1)(B) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18051(e)(1)(B) ) is amended by striking lawfully present in the United States, . (4) Restrictions on federal payments Section 1412 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082 ) is amended by striking subsection (d) and redesignating subsection (e) as subsection (d). (5) Requirement to maintain minimum essential coverage Subsection (d) of section 5000A of the Internal Revenue Code of 1986 is amended by striking paragraph (3) and by redesignating paragraph (4) as paragraph (3). (b) Conforming amendments (1) Establishment of program Section 1411(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(a) ) is amended by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (2) Qualified individuals Section 1312(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f) ) is amended— (A) in the heading, by striking ; access limited to citizens and lawful residents ; and (B) by striking paragraph (3). (c) Effective date The amendments made by this section shall apply to years, plan years, and taxable years, as applicable, beginning after December 31, 2021. 6. Preserving access to coverage (a) In general Nothing in this Act, including the amendments made by this Act, shall prevent lawfully present noncitizens who are ineligible for full benefits under the Medicaid program under title XIX of the Social Security Act from securing a credit for which such lawfully present noncitizens would be eligible under section 36B(c)(1)(B) of the Internal Revenue Code of 1986 and under the Medicaid provisions for lawfully present noncitizens, as in effect on the date prior to the date of enactment of this Act. (b) Definition For purposes of subsection (a), the term full benefits means, with respect to an individual and State, medical assistance for all services covered under the State plan under title XIX of the Social Security Act that is not less in amount, duration, or scope, or is determined by the Secretary of Health and Human Services to be substantially equivalent to the medical assistance available for an individual described in section 1902(a)(10)(A)(i) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i) ). | https://www.govinfo.gov/content/pkg/BILLS-117s1660is/xml/BILLS-117s1660is.xml |
117-s-1661 | II 117th CONGRESS 1st Session S. 1661 IN THE SENATE OF THE UNITED STATES May 17, 2021 Mr. Van Hollen (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish the National Fab Lab Network, a nonprofit organization consisting of a national network of local digital fabrication facilities providing universal access to advanced manufacturing tools for workforce development, STEM education, developing inventions, creating businesses, producing personalized products, mitigating risks, and for other purposes.
1. Short title This Act may be cited as the National Fab Lab Network Act of 2021 . 2. Findings Congress finds the following: (1) Scientific discoveries and technical innovations are critical to the economic and national security of the United States. (2) Maintaining the leadership of the United States in science, technology, engineering, and mathematics will require a diverse population with the skills, interest, and access to tools required to advance these fields. (3) Just as earlier digital revolutions in communications and computation provided individuals with the internet and personal computers, a digital revolution in fabrication will allow anyone to make almost anything, anywhere. (4) These creations include elements of a typical household basket of goods (furnishings, apparel, food production equipment, shelter, transportation, education and communication, recreation, and other goods and services), personal technology, means for personal expression, the production of digital fabrication machinery, community design, and manufacturing capability. (5) The Center for Bits and Atoms of the Massachusetts Institute of Technology (CBA) has contributed significantly to the advancement of these goals through its work in creating and advancing digital fabrication facilities, or fab labs in the United States and abroad. (6) Such digital fabrication facilities may include MakerSpaces, Hackerspaces, and other creative spaces that use digital fabrication as a platform for education, innovation, entrepreneurship, personal expression, public access, and social impact. (7) Such digital fabrication facilities provide a model for a new kind of national laboratory that operates as a network, linking local facilities for advanced manufacturing, providing universal access, cultivating new literacies, and empowering communities. (8) The nonprofit Fab Foundation was established to support the growth of the international network of digital fabrication facilities, to amplify the educational, entrepreneurial, and social impacts of digital fabrication facilities, and to support the development of regional capacity building organizations to broaden impact as well as address local, regional, and global challenges through the use of digital fabrication technologies. (9) A coordinated array of national public-private partnerships will be the most effective way to accelerate the provision of universal access to this infrastructure for workforce development, science, technology, engineering, and mathematics education, developing inventions, creating businesses, producing personalized products, and mitigating risks. 3. Definition of fab lab In this Act, the term fab lab means a facility that— (1) contains the range of capabilities required to create form and function from digital designs, including— (A) computer-controlled machines for additive and subtractive fabrication processes; (B) tools and components for manufacturing and programming electronic circuits; (C) materials and methods for short-run production; and (D) workflows for three-dimensional design and digitization; and (2) is committed to supporting education, innovation, entrepreneurship, personal expression, self-sufficiency, and social impact for its community through digital fabrication. 4. Establishment There is hereby established a nonprofit corporation to be known as the National Fab Lab Network (in this Act referred to as the corporation ), which shall not be an agency or establishment of the United States Government. The corporation shall be subject to the provisions of this Act, and, to the extent consistent with this Act, to the District of Columbia Nonprofit Corporation Act (D.C. Code, section 29–501 et seq.). 5. Goals and activities (a) Goals The goals of the corporation are as follows: (1) To provide universal access to digital fabrication. (2) To foster current and future fab labs. (3) To create a national network of connected local fab labs to empower individuals and communities in the United States. (4) To foster the use of distributed digital fabrication tools— (A) to promote science, technology, engineering and math skills; (B) to increase invention and innovation; (C) to create businesses and jobs; (D) to fulfill personal, professional, and community needs; (E) to create value and mitigate harm; (F) to increase self-sufficiency for individuals, households, and communities; (G) to reduce dependency on global supply chains; and (H) to align workforce development with new and emerging jobs. (5) To provide a platform for education, research, and for catalyzing new methods in science, technology, engineering, and mathematics education, and introducing digital fabrication as an essential new literacy. (6) To create new ways of educating the workforce that will enable workers to compete in a 21st century global marketplace. (b) Activities To attain the goals described in subsection (a), the corporation shall carry out activities, including the following: (1) Seeking, initially, to establish a minimum of one fab lab in each Congressional District. (2) Seeking to establish additional labs within the network created under subsection (a)(2), in response to local demand, and to provide guidelines for their sustainable operation. (3) Linking fab labs into a national network, and promoting further expansion of fab labs across the United States. (4) Serving as a resource to assist diverse public and private stakeholders with the effective operation of fab labs, and the training of fab lab leaders and mentors. (5) Maintaining a national registry of fab labs. (6) Providing standards and protocols for connecting fab labs regionally, nationally, and globally. (7) Assisting fab labs in producing fab labs. 6. Membership and organization Except as provided in this Act, eligibility for membership in the corporation and the rights and privileges of members shall be in accordance with the laws governing tax exempt organizations in the District of Columbia. 7. Governing body (a) In general Except as provided in subsection (b), directors, officers, and other staff of the corporation, and their powers and duties, shall be in accordance with the laws governing tax exempt organizations in the District of Columbia. (b) Board membership (1) Composition The board of the corporation shall be composed of not fewer than 7 members and not more than 15 members. (2) Representation (A) In general The membership of the board of the corporation shall collectively represent the diversity of fab labs. (B) Requirement At a minimum, the board of the corporation shall be composed of members from geographic regions across the United States, Tribal communities, educational and research institutions, libraries, nonprofit and commercial organizations, diverse demographic groups, and the Fab Foundation. (C) Individual representation An individual member of the board of the corporation may represent more than one board role and additional roles may be added to reflect the diversity of the fab lab ecosystem. (3) Selection The initial board of the corporation shall be chosen, in consultation with the Fab Foundation and in accordance with paragraph (2)(A), as follows: (A) Two shall be appointed by the majority leader of the Senate. (B) Two shall be appointed by the minority leader of the Senate. (C) Two shall be appointed by the Speaker of the House of Representatives. (D) Two shall be appointed by the minority leader of the House of Representatives. 8. Powers The corporation may— (1) coordinate the creation of a national network of local fab labs in the United States; (2) issue guidelines for the sustainable operation of fab labs; (3) issue standards and guidelines for fab labs; (4) serve as a resource for organizations and communities seeking to create fab labs by providing information, assessing suitability, advising on the lab lifecycle, and maintaining descriptions of prospective and operating sites; (5) accept funds from private individuals, organizations, government agencies, or other organizations; (6) distribute funds to other organizations to establish and operate fab labs as members of the corporation; (7) facilitate communication between other organizations seeking to join the corporation with operational entities that can source and install fab labs, provide training, assist with operations, account for spending, and assess impact; (8) communicate the benefits available through membership in the corporation to communities and the public; (9) facilitate and participate in synergistic programs, including workforce training, job creation, researching the enabling technology and broader impacts of such programs, and the production of civic infrastructure; (10) develop processes and methods to mitigate risks associated with digital fabrication; (11) amend a constitution and bylaws for the management of its property and the regulation of its affairs; (12) choose directors, officers, trustees, managers, employees, and agents as the activities of the corporation require; (13) make contracts; (14) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation; (15) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; (16) charge and collect membership dues and subscription fees; and (17) sue and be sued. 9. Exclusive right to name, term, seals, emblems, and badges The corporation and its participating digital fabrication labs have the exclusive right to use— (1) the name National Fab Lab Network ; and (2) any seals, emblems, and badges the corporation adopts. 10. Restrictions (a) Stock and dividends The corporation may not issue securities of any kind or declare or pay a dividend. (b) Distribution of income or assets The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the corporation under this Act. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors. (c) Loans The corporation may not make a loan to a director, officer, or employee. (d) Claim of governmental approval or authority The corporation may not claim congressional approval or the authority of the United States Government for any of its activities, but may recognize establishment of the corporation pursuant to section 4 of this Act. 11. Records and inspection (a) Records The corporation shall keep— (1) correct and complete records of account; (2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and (3) at its principal office, a record of the names and addresses of its members entitled to vote. (b) Inspections A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. 12. Annual report Not less frequently than once each year, the corporation shall submit to Congress, including specifically 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 activities of the corporation during the prior fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s1661is/xml/BILLS-117s1661is.xml |
117-s-1662 | II 117th CONGRESS 1st Session S. 1662 IN THE SENATE OF THE UNITED STATES May 17, 2021 Mr. Luján (for himself and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase funding for the Reagan-Udall Foundation for the Food and Drug Administration and for the Foundation for the National Institutes of Health.
1. Short title This Act may be cited as the Supporting the Foundation for the National Institutes of Health and the Reagan-Udall Foundation for the Food and Drug Administration Act . 2. Reagan-Udall Foundation and Foundation for the National Institutes of Health (a) Reagan-Udall Foundation for the Food and Drug Administration Section 770(n) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379dd(n) ) is amended by striking $500,000 and not more than $1,250,000 and inserting $1,250,000 and not more than $5,000,000 . (b) Foundation for the National Institutes of Health Section 499(l) of the Public Health Service Act ( 42 U.S.C. 290b(l) ) is amended by striking $500,000 and not more than $1,250,000 and inserting $1,250,000 and not more than $5,000,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s1662is/xml/BILLS-117s1662is.xml |
117-s-1663 | II 117th CONGRESS 1st Session S. 1663 IN THE SENATE OF THE UNITED STATES May 17, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 18, United States Code, and title 39, United States Code, to provide the United States Postal Service the authority to mail alcoholic beverages, and for other purposes.
1. Short title This Act may be cited as the United States Postal Service Shipping Equity Act . 2. Shipping of alcoholic beverages (a) Mailability (1) Nonmailable articles Section 1716(f) of title 18, United States Code, is amended by striking mails and inserting mails, except to the extent that the mailing is allowable under section 3001(p) of title 39 . (2) Alcoholic beverages Section 1154(a) of title 18, United States Code, is amended by inserting or, with respect to the mailing of alcoholic beverages to the extent allowed under section 3001(p) of title 39 after mechanical purposes . (b) Regulations Section 3001 of title 39, United States Code, is amended by adding at the end the following: (p) Shipping of alcoholic beverages (1) In general Alcoholic beverages shall be considered mailable if mailed— (A) by a covered entity in accordance with applicable regulations under paragraph (2); and (B) in accordance with the delivery requirements otherwise applicable to a privately carried shipment of an alcoholic beverage in the State, territory, or district of the United States where the addressee or duly authorized agent takes delivery. (2) Regulations The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing that— (A) the mailing shall be by a means established by the Postal Service to ensure direct delivery to the addressee or a duly authorized agent at a postal facility; (B) the addressee (and any duly authorized agent) shall be an individual at least 21 years of age, and shall present a valid, government-issued photo identification at the time of delivery; (C) the alcoholic beverage may not be for resale or other commercial purpose; and (D) the covered entity involved shall— (i) certify in writing to the satisfaction of the Postal Service, through a registration process administered by the Postal Service, that the mailing is not in violation of any provision of this subsection or regulation prescribed under this subsection; and (ii) provide any other information or affirmation that the Postal Service may require, including with respect to the prepayment of State alcoholic beverage taxes. (3) Definitions For purposes of this subsection— (A) the term alcoholic beverage has the meaning given the term in section 203 of the Federal Alcohol Administration Act ( 27 U.S.C. 214 ); and (B) the term covered entity means an entity (including a winery, brewery, or beverage distilled spirits plant, or other wholesaler, distributer, importer, or retailer of alcoholic beverages) that has registered with, obtained a permit from, or obtained approval of a notice or an application from, the Secretary of the Treasury pursuant to— (i) the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq.); or (ii) chapter 51 of the Internal Revenue Code of 1986 ( 26 U.S.C. 5001 et seq.). . (c) Effective date The amendments made by this section shall take effect on the earlier of— (1) the date on which the United States Postal Service prescribes regulations under section 3001(p) of title 39, United States Code, as added by this section; or (2) the date that is 2 years after the date of enactment of this Act. (d) Relation to State, local, and Tribal laws (1) Definitions In this subsection— (A) the term alcoholic beverage has the meaning given the term in section 203 of the Federal Alcohol Administration Act ( 27 U.S.C. 214 ); (B) the term Postal Service means the United States Postal Service; and (C) the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (2) No preemption of State, local, or Tribal laws prohibiting deliveries, shipments, or sales Nothing in this section, the amendments made by this section, or any regulation promulgated under this section or the amendments made by this section, shall be construed to preempt, supersede, or otherwise limit or restrict any State, local, or Tribal law that prohibits or regulates the delivery, shipment, or sale of alcoholic beverages. (3) Liability of Postal Service (A) Cause of action A State, local, or Tribal government may bring a civil action against the Postal Service in an appropriate district court of the United States for a violation of a law of the State, locality, or Indian Tribe, respectively, regarding the sale, mailing, transportation, or importation of alcoholic beverages. (B) Liability In an action brought under subparagraph (A), the Postal Service— (i) except as provided in clause (ii), shall be liable in the same manner and to the same extent as a private individual under like circumstances; and (ii) shall not be liable for— (I) interest prior to judgment; or (II) punitive damages. | https://www.govinfo.gov/content/pkg/BILLS-117s1663is/xml/BILLS-117s1663is.xml |
117-s-1664 | II 117th CONGRESS 1st Session S. 1664 IN THE SENATE OF THE UNITED STATES May 18, 2021 Ms. Klobuchar (for herself and Mr. Rounds ) 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 take certain actions to improve the processing by the Department of Veterans Affairs of claims for disability compensation for post-traumatic stress disorder, and for other purposes.
1. Short title This Act may be cited as the Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2021 . 2. Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder (a) Training for claims processors who handle claims relating to post-Traumatic stress disorder (1) Update training programs Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, acting through the Under Secretary for Benefits, update an ongoing, national training program for claims processors who review claims for compensation for service-connected post-traumatic stress disorder. (2) Participation required Beginning on the date that is 180 days after the date of the enactment of this Act, the Secretary shall require that each claims processor described in paragraph (1) participates in the training established under paragraph (1) at least once each year beginning in the second year in which the claims processor carries out the duties of the claims processor for the Department. (3) Required elements The training established under paragraph (1) shall include instruction on stressor development and verification. (b) Standardization of training at regional offices Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall standardize the training provided at regional offices of the Veterans Benefits Administration to the employees of such regional offices. (c) Formal process for conduct of annual analysis of trends Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to analyze, on an annual basis, training needs based on identified processing error trends. (d) Formal process for conduct of annual studies (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the national training program established under subsection (a)(1). (2) Elements Each study conducted under paragraph (1) shall cover the following: (A) Military post-traumatic stress disorder stressors. (B) Decisionmaking claims for claims processors. (e) Annual updates to post-Traumatic stress disorder procedural guidance Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary, acting through the Under Secretary, shall evaluate the guidance relating to post traumatic stress disorder to determine if updates are warranted to provide claims processors of the Department with better resources regarding best practices for claims processing, including specific guidance regarding development of claims involving compensation for service-connected posttraumatic stress disorder. | https://www.govinfo.gov/content/pkg/BILLS-117s1664is/xml/BILLS-117s1664is.xml |
117-s-1665 | II 117th CONGRESS 1st Session S. 1665 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Tuberville 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 prohibit sums in the Thrift Savings Fund from being invested in any security of an entity based in the People’s Republic of China, and for other purposes.
1. Short title; findings (a) Short title This Act may be cited as the Prohibiting TSP Investment in China Act . (b) Findings Congress finds the following: (1) The Thrift Savings Fund invests more than $700,000,000,000 on behalf of plan participants. As the guardian of the retirement funds of approximately 6,000,000 Federal civilian and military plan participants, it is critical that sums in the Thrift Savings Fund are not invested in securities linked to the economy of the People’s Republic of China. (2) Companies headquartered in the People’s Republic of China have repeatedly committed corporate espionage, violated sanctions imposed by the United States, flouted international property laws, committed theft, and failed to comply with audit and regulatory standards designed to safeguard investors. (3) The Thrift Savings Plan is known for its low management fees and comprehensive array of investment strategies. The provisions of this Act, and the amendments made by this Act, will not increase fees imposed on participants of the Thrift Savings Plan. (4) The November 2017 selection of the MSCI ACWI Index by the Federal Retirement Thrift Investment Board, initially scheduled to be effective in 2020, would violate the terms of subsection (i) of section 8438 of title 5, United States Code, as added by section 2(a) of this Act. 2. Prohibition on any TSP fund investing in entities based in the People’s Republic of China (a) In general Section 8438 of title 5, United States Code, is amended by adding at the end the following: (i) Notwithstanding any other provision of this section, no fund established or overseen by the Board may include an investment in any security of— (1) an entity based in the People’s Republic of China; or (2) any subsidiary that is owned or operated by an entity described in paragraph (1). . (b) Divestiture of assets Not later than 30 days after the date of enactment of this Act, the Federal Retirement Thrift Investment Board established under section 8472(a) of title 5, United States Code, shall— (1) review whether any sums in the Thrift Savings Fund are invested in violation of subsection (i) of section 8438 of that title, as added by subsection (a) of this section; (2) if any sums are invested in the manner described in paragraph (1), divest those sums in a manner that is consistent with the legal and fiduciary duties provided under chapter 84 of that title, or any other applicable provision of law; and (3) reinvest any sums divested under paragraph (2) in investments that do not violate subsection (i) of section 8438 of that title, as added by subsection (a) of this section. 3. Prohibition on investment of TSP funds in entities based in the People’s Republic of China through the TSP mutual fund window Section 8438(b)(5) of title 5, United States Code, is amended by adding at the end the following: (E) A mutual fund accessible through a mutual fund window authorized under this paragraph may not include an investment in any security of— (i) an entity based in the People’s Republic of China; or (ii) any subsidiary that is owned or operated by an entity described in clause (i). . | https://www.govinfo.gov/content/pkg/BILLS-117s1665is/xml/BILLS-117s1665is.xml |
117-s-1666 | II 117th CONGRESS 1st Session S. 1666 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To clarify the authority for regulating laboratory-developed testing procedures.
1. Short title This Act may be cited as the Verified Innovative Testing in American Laboratories Act of 2021 or the VITAL Act of 2021 . 2. Laboratory-developed testing procedures (a) Findings Congress finds the following: (1) Laboratory testing services are an integral part of medical decision making, health management, and public health surveillance. (2) Provision of laboratory services is a professional health care activity, which is regulated under the Public Health Service Act ( 42 U.S.C. 201 et seq.). (3) As witnessed with the 2020 COVID–19 pandemic, undue regulation of laboratory-developed testing procedures may hamper the medical management and public health response to infectious disease outbreaks and pandemics, leading to delays in access to testing and the ability to meet needed capacity to stem community spread. (b) Sense of Congress It is the sense of Congress that— (1) the Federal Government should work to— (A) ensure that patients receive the most appropriate tests and procedures for medical evaluations or treatment of clinical conditions; (B) ensure that laboratory-developed testing procedures are accurate, precise, clinically-relevant, and monitored for continued quality performance; (C) enable laboratory professionals to provide professional services without undue restrictions; (D) ensure that regulatory oversight of laboratory tests does not limit patient access, impede innovation, constrain flexibility or adaptability, or limit a test’s sustainability as a result of being unduly burdensome or beyond the fiscal capacity of the laboratory to reasonably validate and perform, or the health care system to financially support; (E) preserve the ability of the laboratory community to provide surge capacity in public health emergencies, including biological, chemical, radiological, and nuclear threats, infectious disease outbreaks, or other emergent situations; and (F) safeguard, strengthen, and expand the existing Laboratory Response Network, including public health laboratories, sentinel laboratories, national laboratories, commercial reference laboratories, academic medical center laboratories, and hospital-based laboratories; and (2) laboratories using laboratory-developed testing procedures should adhere to personnel requirements required under section 353 of the Public Health Service Act ( 42 U.S.C. 263a ), including such requirements relating to qualified professionals who direct and supervise laboratories and consult on diagnosis, treatment, and management of patient care, and render opinions to clients concerning diagnosis, treatment, and management of patient care required under such section 353. (c) Authority over laboratory-Developed testing procedures All aspects of a laboratory-developed testing procedures shall be regulated by the Secretary of Health and Human Services under section 353 of the Public Health Service Act ( 42 U.S.C. 263a ), and no aspects of laboratory-developed testing procedures shall be regulated under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq.), including during a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (d) Definition In this section, the term laboratory-developed testing procedure means a professional medical service that utilizes a laboratory examination in the context of clinical care or public health services and that meets the standards for establishment of performance specifications established by regulation under section 353(f) of the Public Health Service Act ( 42 U.S.C. 263a(f) ) applicable to— (1) laboratory modifications of test systems approved, cleared, or authorized by the Food and Drug Administration under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) , 360c, 360e, 360bbb–3); (2) methods developed or performed, and results produced and interpreted, within a laboratory or laboratories under common ownership or within the same organization, certified as required under section 353(c) of the Public Health Service Act ( 42 U.S.C. 263a(c) ); (3) standardized methods such as those that are available in textbooks and peer-reviewed publications; or (4) methods in which performance specifications are not provided by the manufacturer of test systems or components. (e) Public meeting Not later than 90 days after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall hold a public meeting to solicit recommendations on updating the regulations under section 353 of the Public Health Service Act ( 42 U.S.C. 263a ). (f) Report to Congress Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, the following: (1) Recommendations to update section 353 of the Public Health Service Act ( 42 U.S.C. 263a ) and the regulations promulgated under such section, taking into consideration input and recommendations from the Clinical Laboratory Improvement Advisory Committee, to reflect the current state of the field of clinical laboratory testing. (2) An assessment of the availability and utilization of laboratory-developed testing procedures during the 2020 COVID–19 pandemic response that includes— (A) validation criteria and process, and average length of time from validation to achieving emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ) before, and after, February 29, 2020; (B) the number of patients and samples tested by laboratories using such testing procedures; and (C) recommendations to ensure that during future infectious disease outbreaks, the public health system and clinical laboratories do not encounter delays to testing. | https://www.govinfo.gov/content/pkg/BILLS-117s1666is/xml/BILLS-117s1666is.xml |
117-s-1667 | II 117th CONGRESS 1st Session S. 1667 IN THE SENATE OF THE UNITED STATES May 18, 2021 Ms. Klobuchar (for herself, Mr. Kennedy , Mr. Manchin , and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To protect the privacy of users of social media and other online platforms.
1. Short title This Act may be cited as the Social Media Privacy Protection and Consumer Rights Act of 2021 . 2. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Covered online platform The term covered online platform means an online platform that collects personal data during the online behavior of a user of the online platform. (3) Geolocation information The term geolocation information means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device that— (A) in whole or in part, is generated by or derived from the operation of that device; and (B) could be used to determine or infer information regarding the location of the individual. (4) Online platform The term online platform — (A) means any public-facing website, web application, or digital application (including a mobile application); and (B) includes a social network, an ad network, a mobile operating system, a search engine, an email service, or an internet access service. (5) Operator The term operator has the meaning given the term in section 1302 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ). (6) Personal data The term personal data means individually identifiable information about an individual collected online, including— (A) location information sufficient to identify the name of a street and a city or town, including a physical address; (B) an email address; (C) a telephone number; (D) a government identifier, such as a Social Security number; (E) geolocation information; (F) the content of a message; (G) protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations, or any successor regulation; and (H) nonpublic personal information, as defined in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 ). 3. Privacy protections (a) Transparency and terms of service (1) Disclosure and obtaining initial consent and privacy preferences (A) In general Before a user creates an account with, or otherwise begins to use, a covered online platform, the operator of the online platform shall— (i) inform the user that, unless the user makes an election under clause (ii)(II), personal data of the user produced during the online behavior of the user, whether on the online platform or otherwise, will be collected and used by the operator and third parties; and (ii) provide the user the option to specify the privacy preferences of the user, including by— (I) agreeing to the terms of service for use of the online platform, including, except as provided in subclause (II), the collection and use of personal data described in clause (i); and (II) prohibiting, if the user so elects, the collection and use of personal data described in clause (i), subject to subparagraph (B). (B) Consequence of prohibition of data collection If the election of a user under subparagraph (A)(ii)(II) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. (C) Form of disclosure An operator of a covered online platform shall provide a user of the online platform with the terms of service for use of the online platform, including the collection and use of personal data described in subparagraph (A)(i), in a form that— (i) is— (I) easily accessible; (II) of reasonable length; and (III) clearly distinguishable from other matters; and (ii) uses language that is clear, concise, and well organized, and follows other best practices appropriate to the subject and intended audience. (D) Privacy or security program An operator of a covered online platform shall— (i) establish and maintain a privacy or security program for the online platform; and (ii) publish a description of the privacy or security program that— (I) details how the operator will use the personal data of a user of the online platform, including requirements for how the operator will address privacy risks associated with the development of new products and services; and (II) includes details of the access that employees and contractors of the operator have to the personal data of a user of the online platform, and internal policies for the use of that personal data. (2) New products; changes to privacy or security program An operator of a covered online platform may not introduce a new product, or implement any material change to the privacy or security program of the online platform that overrides the privacy preferences of a user of the online platform, as specified under paragraph (1)(A)(ii), unless the operator has— (A) informed the user that the new product or change will result in the collection and use of personal data described in paragraph (1)(A)(i), if that is the case; (B) provided the user the option under paragraph (1)(A)(ii); and (C) obtained affirmative express consent from the user to the introduction of the new product or the implementation of the change. (3) Withdrawal of consent An operator of a covered online platform shall ensure that— (A) a user of the online platform is able to withdraw consent to the terms of service for use of the online platform, including the collection and use of personal data described in paragraph (1)(A)(i), as easily as the user is able to give such consent; and (B) except as otherwise required by law, no person is able to access the personal data of a user of the online platform later than 30 days after the date on which the user closes his or her account or otherwise terminates his or her use of the online platform. (b) Right to access An operator of a covered online platform shall offer a user of the online platform a copy of the personal data of the user that the operator has processed, free of charge and in an electronic and easily accessible format, including a list of each person that received the personal data from the operator for business purposes, whether through sale or other means. (c) Violations of privacy (1) In general Not later than 72 hours after an operator of a covered online platform becomes aware that the personal data of a user of the online platform has been transmitted in violation of the privacy or security program of the online platform, including the privacy preferences specified by the user under subsection (a)(1)(A)(ii), the operator shall— (A) notify the user of the transmission; (B) offer the user the option to elect to prohibit the operator from collecting and using the personal data of the user, subject to paragraph (2); (C) except as provided in paragraph (3), offer the user the option to have the operator— (i) erase all personal data of the user tracked by the operator; and (ii) cease further dissemination of personal data of the user tracked by the operator; (D) offer the user a copy of the personal data of the user in accordance with subsection (b); and (E) offer the user the option to close his or her account or otherwise terminate his or her use of the online platform. (2) Consequence of prohibition of data collection If the election of a user under paragraph (1)(B) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. (3) Public safety exception If the operator of a covered online platform, in good faith, believes that an emergency involving danger of death or serious physical injury to any individual requires disclosure without delay of specific personal data of a user of the online platform that relates to the emergency, the operator shall— (A) retain the specific personal data; and (B) notify the proper authorities. (d) Compliance Not less frequently than once every 2 years, the operator of a covered online platform shall audit the privacy or security program of the online platform. (e) Safe harbor Subsections (a), (b), and (c) shall not apply with respect to the development of privacy-enhancing technology by an operator of an online platform. 4. Enforcement (a) Enforcement by Commission (1) Unfair or deceptive acts or practices A violation of section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of Commission (A) In general Except as provided in subparagraph (C), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities Except as provided in subparagraph (C), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). (C) Common carriers and nonprofit organizations Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to— (i) common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq.) and Acts amendatory thereof and supplementary thereto; and (ii) organizations not organized to carry on business for their own profit or that of their members. (D) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (b) Enforcement by States (1) Authorization Subject to paragraph (2), in any case in which the attorney general of a State has reason to believe, based on a legitimate consumer complaint, that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 in a practice that violates that section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Action by Federal Trade Commission If the Commission institutes a civil action or an administrative action with respect to a violation of section 3, the attorney general of a State may not, during the pendency of the action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (6) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. 5. Effective date (a) In general This Act shall take effect 180 days after the date of enactment of this Act. (b) Applicability to existing users of online platforms An individual who becomes a user of a covered online platform before the effective date under subsection (a) shall be treated as if he or she had become a user of the online platform on that effective date. (c) No retroactive applicability This Act shall not apply to any conduct that occurred before the effective date under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1667is/xml/BILLS-117s1667is.xml |
117-s-1668 | II 117th CONGRESS 1st Session S. 1668 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. King (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a competitive grant program to support the development, implementation, and evaluation of successful educator and school leader professional development programs on family engagement that will increase the capacity of educators and school leaders to work with families to develop and support the social-emotional learning of children.
1. Short title This Act may be cited as the Social-Emotional Learning for Families Act of 2021 or the SELF Act of 2021 . 2. Grant program (a) In general From amounts appropriated to carry out this section, the Secretary shall award grants, on a competitive basis, to local educational agencies to develop, implement, and evaluate educator and school leader professional development programs on social-emotional learning and family engagement. Local educational agencies may work in partnership with the entities described in subsection (e)(3) to carry out such programs. The objective of such programs will be to increase the capacity of educators and school leaders to work with families to develop and support the social-emotional learning of children. (b) Grant awards (1) Maximum grant amount The total amount of each grant awarded under this section may not exceed $1,200,000. (2) Grant period A grant awarded under this section shall be for a period of 5 years, and may be renewed. (3) Number of grants The Secretary shall award not more than 100 grants under this section. (4) Rural set aside The Secretary shall reserve 10 percent of the funds appropriated to carry out this section to award grants to rural local educational agencies that are eligible local educational agencies under section 5211(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7345(b) ). (c) Applications An application submitted by a local educational agency for a grant under this section shall demonstrate through descriptions in the grant application— (1) the ability to provide instructional space for proposed programming; (2) a commitment to the development, implementation, and evaluation of successful educator and school leader professional development programs on family engagement that will increase the capacity of educators and school leaders to work with families to develop and support the social-emotional learning of children; (3) a plan to ensure that the proposed programs will serve diverse groups, such as Native Americans and underrepresented or economically disadvantaged families; (4) a long-term commitment to the proposed programs to be carried out with the grant, including a plan to continue the actions described in paragraphs (1) through (3) for a period of not less than 5 years; (5) how the local educational agency intends to measure outcomes related to the grant; and (6) how the population to be served with grant funds is experiencing youth trauma resulting from recent natural disasters (such as hurricanes, wildfires, or tornados), the opioid epidemic, or a qualifying emergency. (d) Selection In awarding grants under this section, the Secretary shall— (1) give priority to— (A) high-need local educational agencies, as defined in section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 ); and (B) local educational agencies that serve populations that are likely to have an increased likelihood of youth trauma resulting from recent natural disasters (such as hurricanes, wildfires, or tornados), the opioid epidemic, or a qualifying emergency; and (2) ensure that, to the maximum extent practicable, the projects funded under this section are located in diverse geographic regions of the United States. (e) Uses of funds (1) In general A local educational agency receiving a grant under this section shall use such funds to carry out programs at elementary schools and secondary schools served by the local educational agency that— (A) involves instruction of evidence-based social-emotional learning through locally relevant materials for educators and school leaders and families; (B) provides professional development for educators and school leaders to engage families and support the development of the social-emotional learning of families; (C) provides direct instruction on social-emotional learning to families during times when families are available and in places that are safe, convenient, and easily accessible; (D) encourages participation of families in the programs offered by the local educational agency under this section, including programs supported by partner entities as described under paragraph (3) ; and (E) is designed to result in improved measurable outcomes related to children, including positive social behavior and academic outcomes. (2) State educational agencies In the case of a local educational agency that is a State educational agency, such entity shall award subgrants, on a competitive basis, to local educational agencies to carry out the program described in paragraph (1) . (3) Public-private partnerships Each local educational agency awarded a grant under this section may carry out the program funded under the grant in partnership with one or more of the following: (A) Institutions of higher education, including Tribal Colleges and Universities. (B) Nonprofit organizations. (C) Community-based organizations. (f) Reports (1) Reports from grant recipients A local educational agency that receives a grant under this section shall submit to the Secretary, not later than 1 year after the date of receipt of grant funds, a report containing any relevant information, as requested by the Secretary, in accordance with the information required of the Secretary under paragraph (2). (2) Annual report to Congress Not later than 2 years after the first grant is awarded under this section, and annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives and make publicly available, a report on activities and results under this section. Such report shall describe— (A) the total number of grant applications received during the year preceding the report; (B) the number and geographic distribution of the grants for such year and for all grants awarded under this section; (C) participation of minority-serving institutions, including Tribal Colleges and Universities; (D) participation of underrepresented and economically disadvantaged families; (E) overall program outcomes and issues of concern; and (F) recommendations for program revisions to achieve the desired program outcome. (g) Definitions (1) ESEA terms The terms elementary school , local educational agency , professional development , secondary school , specialized instructional support personnel , and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Educator and school leader professional development programs The term educator and school leader professional development programs includes professional development programs for educators, principals, school leaders, specialized instructional support personnel, and other school-based personnel. (3) Educators and school leaders The term educators and school leaders means educators, principals, school leaders, specialized instructional support personnel, and other school-based personnel. (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) Instruction The term instruction means activities that— (A) emphasize communication of knowledge concerning social-emotional learning in adults and children; (B) provide opportunities to practice social-emotional learning through interactive activities between families and their children; and (C) are aligned with and integrated into family involvement and engagement standards that may exist in the applicable State or that may be developed. (6) Minority-serving institution The term minority-serving institution means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (7) Qualifying emergency The term qualifying emergency means— (A) a public health emergency related to the coronavirus declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (B) an event related to the coronavirus for which the President declared a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 and 5191); or (C) a national emergency related to the coronavirus declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 et seq.). (8) Secretary The term Secretary means the Secretary of Education. (9) Social-emotional learning The term social-emotional learning includes— (A) self-awareness, or having a realistic perception of one’s own values, interests, and strengths, and being able to recognize one’s own emotions; (B) self-management, or how well one manages emotions, impulses, and stress, and is able to establish and achieve goals and exercise self-discipline; (C) social awareness, or the ability to take the perspective of and empathize with someone else and to appreciate and respect diversity; (D) relationship skills, or the ability to participate in healthy, cooperative, and caring relationships, and effectively resolve conflicts; and (E) responsible decision making, or the ability to recognize and generate good choices, evaluate the likely consequences of actions, and take responsibility for one’s decisions. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $130,000,000, of which not more than $10,000,000 may be used by the Secretary for reports and technical assistance. | https://www.govinfo.gov/content/pkg/BILLS-117s1668is/xml/BILLS-117s1668is.xml |
117-s-1669 | II 117th CONGRESS 1st Session S. 1669 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Portman (for himself, Ms. Warren , Mr. Cramer , Mr. Boozman , and Mr. Menendez ) 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 direct the forgiveness or offset of an overpayment of retired pay paid to a joint account for a period after the death of the retired member of the Armed Forces.
1. Short title This Act may be cited as the Military Retiree Survivor Comfort Act . 2. Forgiveness or offset of overpayment of retired pay paid to a joint account for a period after the death of the retired member of the Armed Forces (a) When payment deposited to joint account Section 2771 of title 10, United States Code, is amended by adding at the end the following new subsection: (e) In the case of overpayment of retired or retainer pay, arising from payment of such retired or retainer pay for any period after the date of the death of a recipient through the last day of the month in which such death occurs, if such payment is electronically deposited in an accredited financial institution to a joint account bearing the name of the decedent and another individual who is the decedent’s designated beneficiary under subsection (a)(1), the Secretary of Defense— (1) if the decedent is an individual to whom section 1448 of this title applies, shall elect to— (A) forgive the overpayment on behalf of the United States; or (B) offset the overpayment pursuant to section 1450(n) of this title; or (2) if the decedent is not an individual to whom section 1448 of this title applies, shall forgive the overpayment on behalf of the United States. . (b) Coordination with Survivor Benefit Plan Section 1450 of title 10, United States Code, is amended— (1) in subsection (a), by inserting , or that applies under subsection (n) after under subsection (j) ; and (2) by adding at the end the following new subsection: (n) Special rule in case of certain final retired pay overpayment In a case described in section 2771(e) of this title, if the individual described in that subsection other than the decedent is the beneficiary of the decedent under the Plan, each of the first 12 payments, following the death of the decedent, of the annuity payable to the decedent’s beneficiary under the Plan, shall be reduced by one-twelfth of such overpayment. . (c) Effective date The amendments made by this section shall apply with respect to payments made to persons who die on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1669is/xml/BILLS-117s1669is.xml |
117-s-1670 | II 117th CONGRESS 1st Session S. 1670 IN THE SENATE OF THE UNITED STATES May 18, 2021 Ms. Ernst (for herself, Mr. Bennet , Mrs. Capito , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers.
1. Short title This Act may be cited as the Credit for Caring Act of 2021 . 2. Credit for working family caregivers (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25E. Working family caregivers (a) Allowance of credit In the case of an eligible caregiver, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the qualified expenses paid by the taxpayer during the taxable year to the extent that such expenses exceed $2,000. (b) Limitation (1) In general The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $5,000. (2) Adjustment for inflation In the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of— (A) such dollar amount, and (B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting 2020 for 1996 in subclause (II) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. (c) Eligible caregiver For purposes of this section, the term eligible caregiver means an individual who— (1) during the taxable year pays or incurs qualified expenses in connection with providing care for a qualified care recipient, and (2) has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. (d) Qualified care recipient For purposes of this section— (1) In general The term qualified care recipient means, with respect to any taxable year, any individual who— (A) is the spouse of the eligible caregiver, or any other person who bears a relationship to the eligible caregiver described in any of subparagraphs (A) through (H) of section 152(d)(2), and (B) has been certified, before the due date for filing the return of tax for the taxable year, by a licensed health care practitioner (as defined in section 7702B(c)(4)) as being an individual with long-term care needs described in paragraph (3) for a period— (i) which is at least 180 consecutive days, and (ii) a portion of which occurs within the taxable year. (2) Period for making certification Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39 1/2 -month period ending on such due date (or such other period as the Secretary prescribes). (3) Individuals with long-term care needs An individual is described in this paragraph if the individual meets any of the following requirements: (A) The individual is at least 6 years of age and— (i) is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or (ii) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. (B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. (C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual’s condition to be available if the individual’s parents or guardians are absent. (e) Qualified expenses For purposes of this section— (1) In general Subject to paragraph (4), the term qualified expenses means expenditures for goods, services, and supports that— (A) assist a qualified care recipient with accomplishing activities of daily living (as defined in section 7702B(c)(2)(B)) and instrumental activities of daily living (as defined in section 1915(k)(6)(F) of the Social Security Act ( 42 U.S.C. 1396n(k)(6)(F) )), and (B) are provided solely for use by such qualified care recipient. (2) Adjustment for other tax benefits The amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are— (A) taken into account under section 21 or 213, or (B) excluded from gross income under section 129, 223(f), or 529A(c)(1)(B). (3) Goods, services, and supports For purposes of paragraph (1), goods, services, and supports (as defined by the Secretary) shall include— (A) human assistance, supervision, cuing and standby assistance, (B) assistive technologies and devices (including remote health monitoring), (C) environmental modifications (including home modifications), (D) health maintenance tasks (such as medication management), (E) information, (F) transportation of the qualified care recipient, (G) nonhealth items (such as incontinence supplies), and (H) coordination of and services for people who live in their own home, a residential setting, or a nursing facility, as well as the cost of care in these or other locations. (4) Qualified expenses for eligible caregivers For purposes of paragraph (1), the following shall be treated as qualified expenses if paid or incurred by an eligible caregiver: (A) Expenditures for respite care for a qualified care recipient. (B) Expenditures for counseling, support groups, or training relating to caring for a qualified care recipient. (C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer. (D) Travel costs of the eligible caregiver related to caring for a qualified care recipient. (E) Expenditures for technologies, as determined by the Secretary, that assist an eligible caregiver in providing care for a qualified care recipient. (5) Human assistance The term human assistance includes the costs of a direct care worker. (6) Documentation An expense shall not be taken into account under this section unless the eligible caregiver substantiates such expense under such regulations or guidance as the Secretary shall provide. (7) Mileage rate For purposes of this section, the mileage rate for the use of a passenger automobile shall be the standard mileage rate used to calculate the deductible costs of operating an automobile for medical purposes. Such rate may be used in lieu of actual automobile-related travel expenses. (8) Coordination with ABLE Accounts Qualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A). (f) Phase Out Based on Adjusted Gross Income For purposes of this section— (1) In general The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer’s modified adjusted gross income exceeds the threshold amount. (2) Modified adjusted gross income The term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (3) Threshold amount The term threshold amount means— (A) $150,000 in the case of a joint return, and (B) $75,000 in any other case. (4) Indexing In the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of— (A) such dollar amount, and (B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. (5) Rounding rule If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. (g) Identification of Eligible Caregiver with Care Recipient (Qualified care recipient) Identification Requirement No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year. . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Working family caregivers. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. | https://www.govinfo.gov/content/pkg/BILLS-117s1670is/xml/BILLS-117s1670is.xml |
117-s-1671 | II 117th CONGRESS 1st Session S. 1671 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Wicker (for himself, Mr. Warner , Mrs. Capito , Mr. Cardin , Mr. Boozman , Ms. Sinema , Mr. Hoeven , and Mrs. Hyde-Smith ) 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 new markets tax credit investments in the Rural Jobs Zone.
1. Short title This Act may be cited as the Rural Jobs Act . 2. Allocations of new markets tax credit limitation for the Rural Jobs Zone (a) In general Section 45D(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Allocations for the Rural Jobs Zone (A) In general In addition to any new markets tax credit limitation under paragraph (1), there are the following amounts of new markets tax credit limitation which shall be allocated by the Secretary only to Rural Jobs Zone development entities for making Rural Jobs Zone equity investments: (i) $500,000,000 for 2022. (ii) $500,000,000 for 2023. (B) Rural Jobs Zone development entity For purposes of this paragraph, the term Rural Jobs Zone development entity means any qualified community development entity a significant mission of which is the economic development of, and the creation and retention of jobs in, the Rural Jobs Zone. (C) Rural Jobs Zone equity investment For purposes of this paragraph, the term Rural Jobs Zone equity investment means any equity investment which would be a qualified equity investment if the only low-income community was the Rural Jobs Zone. (D) Rural Jobs Zone For purposes of this paragraph, the term Rural Jobs Zone means the area comprised of low-income communities which are a portion of neither— (i) a city or town that has a population of greater than 50,000 inhabitants, nor (ii) any urbanized area contiguous and adjacent to such a city or town. (E) Minimum investment in persistent poverty counties and high migration rural counties (i) In general The Secretary shall prescribe regulations or other guidance pursuant to which not less than 25 percent of the Rural Jobs Zone equity investments made pursuant to allocations made under this paragraph are invested in areas which are persistent poverty counties, high migration rural counties (as defined in subsection (e)(5)(B)), or both. (ii) Persistent poverty counties For purposes of this subparagraph, the term persistent poverty county means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates. (F) Application of carryover Paragraph (3) shall be applied separately with respect to the amounts specified in subparagraph (A). . (b) Effective date The amendment made by this section shall apply to allocations made after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1671is/xml/BILLS-117s1671is.xml |
117-s-1672 | II 117th CONGRESS 1st Session S. 1672 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Kelly (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to establish a working group to conduct a study on access to certain resources for infrastructure projects, and for other purposes.
1. Short title This Act may be cited as the Rebuilding Our Communities by Keeping aggregates Sustainable Act of 2021 or the ROCKS Act . 2. Working group on covered resources (a) Definitions In this section: (1) Covered resource The term covered resource means a common variety material used in transportation infrastructure construction and maintenance, including stone, sand, and gravel. (2) Secretary The term Secretary means the Secretary of Transportation. (3) State The term State means each of the several States, the District of Columbia, and each territory or possession of the United States. (4) Working Group The term Working Group means the Working Group established under subsection (b). (b) Establishment Not later than 120 days after the date of enactment of this Act, the Secretary shall establish a working group to conduct a study on access to covered resources for infrastructure projects. (c) Membership (1) Appointment The Secretary shall appoint to the Working Group individuals with knowledge and expertise in the production and transportation of covered resources. (2) Representation The Working Group shall include not less than 1 representative of each of the following: (A) State departments of transportation. (B) State agencies associated with covered resources protection. (C) State planning and geologic survey and mapping agencies. (D) Commercial motor vehicle operators, including small business operators and operators who transport covered resources. (E) Covered resources producers. (F) Construction contractors. (G) Labor organizations. (H) Metropolitan planning organizations and regional planning organizations. (I) Indian Tribes, including Tribal elected leadership or Tribal transportation officials. (J) Any other stakeholders that the Secretary determines appropriate. (3) Termination The Working Group shall terminate 180 days after the date on which the Secretary receives the report under subsection (f)(1). (d) Duties In carrying out the study required under subsection (b), the Working Group shall analyze— (1) the use of covered resources in transportation projects funded with Federal dollars; (2) how the proximity of covered resources to such projects affects the cost and environmental impact of those projects; (3) whether and how State, Tribal, and local transportation and planning agencies consider covered resources when developing transportation projects; and (4) any challenges for transportation project sponsors regarding access and proximity to covered resources. (e) Consultation In carrying out the study required under subsection (b), the Working Group shall consult with, as appropriate— (1) chief executive officers of States; (2) State, Tribal, and local transportation and planning agencies; (3) other relevant State, Tribal, and local agencies, including State agencies associated with covered resources protection; (4) members of the public with industry experience with respect to covered resources; (5) other Federal entities that provide funding for transportation projects; and (6) any other stakeholder the Working Group determines appropriate. (f) Reports (1) Working group report Not later than 2 years after the date on which the Working Group is established, the Working Group shall submit to the Secretary a report that includes— (A) the findings of the study required under subsection (b), including a summary of comments received during the consultation process under subsection (e); and (B) any recommendations to preserve access to and reduce the costs and environmental impacts of covered resources for infrastructure projects. (2) Departmental report Not later than 90 days after the date on which the Secretary receives the report under paragraph (1), 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 summary of the findings under the report and any recommendations, as appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s1672is/xml/BILLS-117s1672is.xml |
117-s-1673 | II 117th CONGRESS 1st Session S. 1673 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Marshall (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To preserve access to Federal land, control fires, and for other purposes.
1. Short title This Act may be cited as the 30 × 30 Termination Act . 2. Definitions In this Act: (1) Federal land (A) In general The term Federal land means— (i) National Forest System land; (ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); (iii) the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 )); and (iv) Federal land within the Exclusive Economic Zone of the United States, as established by Presidential Proclamation 5030, dated March 10, 1983 ( 16 U.S.C. 1453 note). (B) Inclusion The term Federal land includes land described in clauses (i) through (iv) of subparagraph (A) for which the rights to the surface estate or subsurface estate are owned by a non-Federal entity. (2) Multiple use The term multiple use has the meaning given the term in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (3) Principal or major use The term principal or major use includes domestic livestock grazing, mineral exploration and production, rights-of-way, timber production, commercial fishing, recreational fishing, hunting, camping, hiking, mountain biking, horseback riding, whitewater rafting, and off-highway vehicle use, and other outdoor recreation. 3. Revocation of Executive Order relating to Conserving Our Nation's Lands and Waters (a) In general Section 216 of Executive Order 14008 (86 Fed. Reg. 7627; relating to tackling the climate crisis at home and abroad (February 1, 2021)) shall have no force or effect. (b) Limitation on funds No Federal funds may be used to implement, administer, enforce, or carry out any report or program substantially similar to the report or program required under section 216 of the Executive Order described in subsection (a). 4. No net loss of non-Federal land No Federal funds may be used to acquire non-Federal land within a State or county in which 15 percent or more of the land is managed by a Federal agency, unless the Federal agency proposing the acquisition disposes of an equal amount of Federal land within the State or county in which the non-Federal land is located to ensure no net loss of non-Federal land and taxable acreage during the fiscal year in which the proposed acquisition occurs and subsequent fiscal years as a result of the proposed acquisition. 5. No net loss of multiple use No Federal funds may be used to implement, administer, enforce, or carry out any action on Federal land that results in a net loss of multiple use or any principal or major use within a State, unless the action has been authorized by an Act of Congress. 6. State and congressional approval required prior to the Federal acquisition of more than 160 acres of non-Federal land No Federal funds may be used by the head of a Federal agency to acquire more than 160 acres of non-Federal land unless— (1) the head of the Federal agency has received from the State in which the non-Federal land is located written notice that the State has enacted legislation approving the proposed acquisition; and (2) the proposed acquisition has been authorized by an Act of Congress. 7. Prohibition on withdrawal The President may not withdraw any Federal land from forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, or disposition under laws pertaining to mineral and geothermal leasing or mineral materials unless the withdrawal has been authorized by an Act of Congress. 8. Limitations on declarations of national monuments Section 320301 of title 54, United States Code, is amended by adding at the end the following: (e) Limitations on declarations A declaration under this section shall not apply to a State or county in which 15 percent or more of the land is managed by a Federal agency. . | https://www.govinfo.gov/content/pkg/BILLS-117s1673is/xml/BILLS-117s1673is.xml |
117-s-1674 | II 117th CONGRESS 1st Session S. 1674 IN THE SENATE OF THE UNITED STATES May 18, 2021 Ms. Cortez Masto (for herself, Mr. Padilla , Mrs. Feinstein , Mr. Sanders , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Emergency Economic Stabilization Act of 2008 to authorize use of amounts under the Troubled Assets Relief Program to be used for activities under the Housing Trust Fund, and for other purposes.
1. Short title This Act may be cited as the Affordable Housing Production Act . 2. Use of TARP amounts (a) In General The Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5201 et seq.) is amended by inserting after section 110 ( 12 U.S.C. 5220 ) the following: 110A. Other assistance Notwithstanding section 115(a), section 120, or any other provision of law, the Secretary may use any amounts made available under this title that are not otherwise obligated for deposit in and use only to provide assistance under the Housing Trust Fund under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ). . (b) Clerical amendment The table of contents in section 1(b) of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5201 note) is amended by inserting after the item relating to section 110 the following: 110A. Other assistance. . | https://www.govinfo.gov/content/pkg/BILLS-117s1674is/xml/BILLS-117s1674is.xml |
117-s-1675 | II 117th CONGRESS 1st Session S. 1675 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Warnock (for himself, Mr. Rubio , Ms. Smith , Mr. Marshall , Ms. Hassan , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve maternal health.
1. Short title This Act may be cited as the Maternal Health Quality Improvement Act . 2. Innovation for maternal health Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330N of such Act, the following: 330O. Innovation for maternal health (a) In general The Secretary, in consultation with experts representing a variety of clinical specialties, State, tribal, or local public health officials, researchers, epidemiologists, statisticians, and community organizations, shall establish or continue a program to award competitive grants to eligible entities for the purpose of— (1) identifying, developing, or disseminating best practices to improve maternal health care quality, improve maternal and infant health outcomes, eliminate preventable maternal mortality and severe maternal morbidity, and improve infant health outcomes, which may include— (A) information on evidence-based practices to improve the quality and safety of maternal health care in hospitals and other health care settings of a State or health care system by addressing topics commonly associated with health complications or risks related to prenatal care, labor care, birthing, and postpartum care; (B) best practices for improving maternal health care based on data findings and reviews conducted by a State maternal mortality review committee that address topics of relevance to common complications or health risks related to prenatal care, labor care, birthing, and postpartum care; and (C) information on addressing determinants of health that impact maternal health outcomes for women before, during, and after pregnancy; (2) collaborating with State maternal mortality review committees to identify issues for the development and implementation of evidence-based practices to improve maternal health outcomes and reduce preventable maternal mortality and severe maternal morbidity, consistent with section 317K; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities providing health care services to pregnant and postpartum women; and (4) identifying, developing, and evaluating new models of care that improve maternal and infant health outcomes, which may include the integration of community-based services and clinical care. (b) Eligible entities To be eligible for a grant under subsection (a), an entity shall— (1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (2) demonstrate in such application that the entity is capable of carrying out data-driven maternal safety and quality improvement initiatives in the areas of obstetrics and gynecology or maternal health. (c) Report Not later than September 30, 2024, and every 2 years thereafter, the Secretary shall submit a report to Congress on the practices described in paragraphs (1) and (2) of subsection (a). Such report shall include a description of the extent to which such practices reduced preventable maternal mortality and severe maternal morbidity, and whether such practices improved maternal and infant health. The Secretary shall disseminate information on such practices, as appropriate. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $9,000,000 for each of fiscal years 2022 through 2026. . 3. Training for health care providers Title VII of the Public Health Service Act is amended by striking section 763 ( 42 U.S.C. 294p ) and inserting the following: 763. Training for health care providers (a) Grant program The Secretary shall establish a program to award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs for the training of health care professionals to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. (b) Eligibility To be eligible for a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Reporting requirements (1) Periodic grantee reports Each entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant, including a description of the impact of such training on patient outcomes, as applicable. (2) Report to Congress Not later than September 30, 2024, the Secretary shall submit a report to Congress on the activities conducted using grants under subsection (a) and any best practices identified and disseminated under subsection (d). (d) Best practices The Secretary may identify and disseminate best practices for the training described in subsection (a). (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026. . 4. Study on improving training for health care providers Not later than 2 years after date of enactment of this Act, the Secretary of Health and Human Services shall, through a contract with an independent research organization, conduct a study and make recommendations for accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other health professional training programs on best practices related to training to improve the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. 5. Perinatal quality collaboratives (a) In general Section 317K(a)(2) of the Public Health Service Act ( 42 U.S.C. 247b–12(a)(2) ) is amended by adding at the end the following: (E) (i) The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall establish or continue a competitive grant program for the establishment or support of perinatal quality collaboratives to improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants. A State, Indian Tribe, or Tribal organization may use funds received through such grant to— (I) support the use of evidence-based or evidence-informed practices to improve outcomes for maternal and infant health; (II) work with clinical teams; experts; State, local, and, as appropriate, tribal public health officials; and stakeholders, including patients and families, to identify, develop, or disseminate best practices to improve perinatal care and outcomes; and (III) employ strategies that provide opportunities for health care professionals and clinical teams to collaborate across health care settings and disciplines, including primary care and mental health, as appropriate, to improve maternal and infant health outcomes, which may include the use of data to provide timely feedback across hospital and clinical teams to inform responses, and to provide support and training to hospital and clinical teams for quality improvement, as appropriate. (ii) To be eligible for a grant under clause (i), an entity shall submit to the Secretary an application in such form and manner and containing such information as the Secretary may require. . (b) Report to Congress Not later than September 30, 2025, the Secretary of Health and Human Services shall submit to Congress a report regarding the activities conducted by recipients of grants under subsection (a)(2)(E) of section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 ). 6. Integrated services for pregnant and postpartum women (a) Grants Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq.) is amended by inserting after section 330O of such Act, as added by section 2, the following: 330P. Integrated services for pregnant and postpartum women (a) In general The Secretary may award grants for the purpose of establishing or operating evidence-based or innovative, evidence-informed programs to deliver integrated health care services to pregnant and postpartum women to optimize the health of women and their infants, including to reduce adverse maternal health outcomes, pregnancy-related deaths, and related health disparities (including such disparities associated with racial and ethnic minority populations), and, as appropriate, by addressing issues researched under subsection (b)(2) of section 317K. (b) Integrated services for pregnant and postpartum women (1) Eligibility To be eligible to receive a grant under subsection (a), a State, Indian Tribe, or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act) shall work with relevant stakeholders that coordinate care to develop and carry out the program, including— (A) State, Tribal, and local agencies responsible for Medicaid, public health, social services, mental health, and substance use disorder treatment and services; (B) health care providers who serve pregnant and postpartum women; and (C) community-based health organizations and health workers, including providers of home visiting services and individuals representing communities with disproportionately high rates of maternal mortality and severe maternal morbidity, and including those representing racial and ethnic minority populations. (2) Terms (A) Period A grant awarded under subsection (a) shall be made for a period of 5 years. Any supplemental award made to a grantee under subsection (a) may be made for a period of less than 5 years. (B) Preference In awarding grants under subsection (a), the Secretary shall— (i) give preference to States, Indian Tribes, and Tribal organizations that have the highest rates of maternal mortality and severe maternal morbidity relative to other such States, Indian Tribes, or Tribal organizations, respectively; and (ii) shall consider health disparities related to maternal mortality and severe maternal morbidity, including such disparities associated with racial and ethnic minority populations. (C) Evaluation The Secretary shall require grantees to evaluate the outcomes of the programs supported under the grant. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026. . (b) Report on grant outcomes and dissemination of best practices (1) Report Not later than February 1, 2026, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (A) the outcomes of the activities supported by the grants awarded under the amendments made by this section on maternal and child health; (B) best practices and models of care used by recipients of grants under such amendments; and (C) obstacles identified by recipients of grants under such amendments, and strategies used by such recipients to deliver care, improve maternal and child health, and reduce health disparities. (2) Dissemination of best practices Not later than August 1, 2026, the Secretary of Health and Human Services shall disseminate information on best practices and models of care used by recipients of grants under the amendments made by this section (including best practices and models of care relating to the reduction of health disparities, including such disparities associated with racial and ethnic minority populations, in rates of maternal mortality and severe maternal morbidity) to relevant stakeholders, which may include health providers, medical schools, nursing schools, relevant State, tribal, and local agencies, and the general public. | https://www.govinfo.gov/content/pkg/BILLS-117s1675is/xml/BILLS-117s1675is.xml |
117-s-1676 | II 117th CONGRESS 1st Session S. 1676 IN THE SENATE OF THE UNITED STATES May 18, 2021 Ms. Hassan (for herself and Mrs. Capito ) 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 tax-exempt private activity bonds to be used for qualified broadband projects, to provide for tax credit payments to issuers of tax-exempt bonds used to finance broadband infrastructure projects, and to provide an investment credit for qualified broadband projects.
1. Short title This Act may be cited as the Rural Broadband Financing Flexibility Act . I Tax-preferred bonds 101. Private activity bonds for qualified broadband projects (a) In general Section 142(a) of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , or , and by adding at the end the following new paragraph: (16) qualified broadband projects. . (b) Qualified broadband projects Section 142 of such Code is amended by adding at the end the following new subsection: (n) Qualified broadband project (1) In general For purposes of subsection (a)(16), the term qualified broadband project means any project which— (A) is designed to provide broadband service solely to 1 or more areas— (i) which are rural areas (as defined in section 343(a)(13) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13) without regard to subparagraph (B) or (C) thereof), and (ii) in which more than 50 percent of residential households do not have access to fixed, terrestrial broadband service which delivers at least 25 megabits per second downstream and at least 3 megabits service upstream, and (B) results in gigabit capable internet access to residential locations, commercial locations, or a combination of residential and commercial locations, but only if at least 90 percent of the locations provided such access under the project are locations where, before the project, a broadband service provider— (i) did not provide service, or (ii) did not provide service meeting the minimum speed requirements described in subparagraph (A)(ii). (2) Notice to broadband providers A project shall not be treated as a qualified broadband project unless, before the issue date of any issue the proceeds of which are to be used to fund the project, the issuer— (A) notifies each broadband service provider providing broadband service in the area within which broadband services are to be provided under the project of the project and its intended scope, (B) includes in such notice a request for information from each such provider with respect to the provider's ability to deploy, manage, and maintain a broadband network capable of providing gigabit capable Internet access to residential or commercial locations, and (C) allows each such provider at least 90 days to respond to such notice and request. . (c) Partial exception from volume cap (1) In general Section 146(g) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting , and , and by inserting immediately after paragraph (4) the following new paragraph: (5) 75 percent of any exempt facility bond issued as part of an issue described in paragraph (16) of section 142(a) (relating to qualified broadband projects). . (2) Government-owned projects The last sentence of section 146(g) of such Code is amended by striking Paragraph (4) and inserting Paragraphs (4) and (5) . (d) Effective date The amendments made by this section shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act. 102. Credit for broadband infrastructure bonds allowed to issuers (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6430 the following new section: 6431. Credit for broadband infrastructure bonds allowed to issuer (a) In General In the case of a broadband infrastructure bond, the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). (b) Payment of Credit The Secretary shall pay (contemporaneously with each interest payment date under such bond) to the issuer of such bond (or to any person who makes such interest payments on behalf of the issuer) 35 percent of the interest payable under such bond on such date. (c) Broadband infrastructure bond For purposes of this section— (1) In general The term broadband infrastructure bond means any obligation— (A) the interest on which would (but for this section) be excludable from gross income under section 103, (B) which is issued by a qualified issuer, (C) which is issued as part of an issue with respect to which— (i) the requirements of paragraph (2) are met, (ii) all of the property to be financed by the net proceeds of the issue is to be owned by a governmental unit (within the meaning of section 142(b)(1)), and (iii) the aggregate face amount of bonds issued pursuant to the issue, when added to the aggregate face amount of broadband infrastructure bonds previously issued by the issuing authority during the calendar year, does not exceed such issuing authority's allocation of its State's volume cap under subsection (d) for such year, and (D) with respect to which the issuer makes an irrevocable election to have this section apply. (2) Special rules relating to expenditures (A) In general An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects— (i) 95 percent of the available project proceeds to be spent in connection with 1 or more qualified broadband projects within the 3-year period beginning on such date of issuance, and (ii) a binding commitment with a third party to spend at least 10 percent of such available project proceeds will be incurred within the 6-month period beginning on such date of issuance. (B) Failure to spend required amount of bond proceeds within 3 years (i) In general To the extent that less than 95 percent of the available project proceeds of the issue are expended by the close of the expenditure period, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. (ii) Expenditure period For purposes of this section, the term expenditure period means, with respect to any issue, the 3-year period beginning on the date of issuance. Such term shall include any extension of such period under clause (iii). (iii) Extension of period Upon submission of a request prior to the expiration of the expenditure period (determined without regard to any extension under this clause), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within the original expenditure period is due to reasonable cause and the expenditures in connection with 1 or more qualified broadband projects will continue to proceed with due diligence. (C) Reimbursement For purposes of this subtitle, available project proceeds of an issue shall be treated as spent in connection with 1 or more qualified broadband projects if such proceeds are used to reimburse the issuer for amounts paid in connection with such projects after the date that an allocation of a State's volume cap under subsection (d) has been made with respect to such issue, but only if- (i) prior to the payment of the original expenditure, the issuer declared its intent to reimburse such expenditure with the proceeds of such issue, (ii) not later than 60 days after payment of the original expenditure, the issuer adopts an official intent to reimburse the original expenditure with such proceeds, and (iii) the reimbursement is made not later than 18 months after the date the original expenditure is paid. (3) Limitation on issue price An obligation shall not be treated as a broadband infrastructure bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the obligation. (4) Available project proceeds For purposes of this subsection, the term available project proceeds means, with respect to any issue, the sum of— (A) the excess of— (i) the proceeds from the sale of an issue, over (ii) the issuance costs financed by the issue (to the extent that such costs do not exceed 2 percent of such proceeds), plus (B) the proceeds from any investment of the excess described in subparagraph (A). (5) Qualified broadband project For purposes of this subsection, the term qualified broadband project has the meaning given such term by section 142(n). (d) Limitation on amount of bonds designated (1) National limitation There is a national broadband infrastructure bond limitation for each calendar year of $2,500,000,000. (2) State volume cap; allocation For purposes of this subsection, the broadband infrastructure bonds volume cap of a State for any calendar year is the portion of the national broadband infrastructure bond limitation under paragraph (1) equal to the sum of— (A) $25,000,000, plus (B) the amount which bears the same ratio to $1,250,000,000 as the— (i) number of individuals in such State who reside in rural areas (as defined in section 343(a)(13) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13) without regard to subparagraph (B) or (C) thereof), bears to (ii) the total number of individuals living in such rural areas in all States. (3) Allocation of volume cap (A) In general For purposes of this section— (i) except as provided in subparagraph (C), 50 percent of the State broadband infrastructure bonds volume cap of a State for any calendar year shall be allocated to qualified issuers that are not agencies of the State in the amount determined under subparagraph (B), and (ii) the remaining 50 percent of such volume cap shall be allocated to qualified issuers in such manner as the State provides. (B) Amount of allocation (i) In general The amount of the State broadband infrastructure bonds volume cap for any calendar year allocated under this subparagraph to any qualified issuer described in subparagraph (A)(i) shall be equal to the amount which bears the same ratio to the amount described in subparagraph (A)(i) for such calendar year as— (I) the number of individuals in such State who reside in rural areas (as defined in section 343(a)(13) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13) without regard to subparagraph (B) or (C) thereof) within the jurisdiction of such qualified issuer, bears to (II) the total number of individuals living in such rural areas in the State. (ii) Special rule for overlapping jurisdictions For purposes of clause (i)(I), if an area is within the jurisdiction of 2 or more governmental units, such area shall be treated as only within the jurisdiction of the unit having jurisdiction over the smallest geographical area unless such unit agrees to surrender all or part of such jurisdiction for such calendar year to the unit with overlapping jurisdiction which has the next smallest geographical area. (C) Reallocation The amount allocated under this paragraph to any qualified issuer may be reallocated by such issuer to the State for reallocation to other qualified issuers (including agencies of the State). (4) Carryover of unused limitation (A) In general If, for any calendar year, a State's broadband infrastructure bonds volume cap exceeds the amount of bonds issued during such year which are designated as broadband infrastructure bonds under subsection (c)(1)(D) with respect to broadband projects within such State, the broadband infrastructure bonds volume cap for such State for the following calendar year shall be increased by the amount of such excess. (B) Limitation on carryover Any carryforward of an excess amount may be carried only to the first 2 years following the unused volume cap year. For purposes of the preceding sentence, a volume cap amount shall be treated as used on a first-in first-out basis. (e) Other rules and definitions (1) Interest includible in income For purposes of this title, interest on any broadband infrastructure bond shall be includible in gross income. (2) Credit not a Federal guarantee For purposes of section 149(b), a broadband infrastructure bond shall not be treated as Federally guaranteed by reason of the credit allowed under this section. (3) Coordination with section 148 (A) Yield reduced by credit For purposes of section 148, the yield on a broadband infrastructure bond shall be determined by reducing the otherwise effective yield by the amount of the credit allowed to the issuer under this section. (B) Investment during extension period An issue shall not be treated as failing to meet the requirements of section 148 by reason of any investment of available project proceeds during the expenditure period. (4) Rural populations For purposes of this section, the determination of the number of individuals living in rural areas shall be made in consultation with the Secretary of Agriculture. (5) Definitions For purposes of this section— (A) Qualified issuer The term qualified issuer means a State or any political subdivision or instrumentality thereof having authority to issue private activity bonds. (B) State Notwithstanding section 7701(a)(10), the term State only includes the 50 States. (f) Regulations The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section. . (b) Conforming amendments (1) Section 6401(b)(1) of the Internal Revenue Code of 1986 is amended by striking under subparts A, B, D, and G of such part IV and inserting under all subparts of such part IV other than such subpart C . (2) The table of sections for subchapter B of chapter 65 of such Code is amended by inserting after the item related to section 6430 the following new section: Sec. 6431. Credit for broadband infrastructure bonds allowed to issuer. . (c) Gross-Up of payment to issuers in case of sequestration The amount of any payment under section 6431(b) of the Internal Revenue Code of 1986 made after the date of the enactment of this Act to which sequestration applies shall be increased by the amount necessary to preserve the full amount of such payment payable to the issuer before sequestration. For purposes of this subsection, the term sequestration means any reduction in direct spending ordered in accordance with a sequestration report prepared by the Director of the Office and Management and Budget pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or the Statutory Pay-As-You-Go Act of 2010. (d) Effective date The amendments made by this section shall apply to bonds issued in calendar years beginning after the date of the enactment of this Act. II Investment tax credit 201. Investment credit for qualifying broadband projects (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. Qualifying broadband project credit (a) In general For purposes of section 46, the qualifying broadband project credit for any taxable year is an amount equal to 10 percent of the qualified investment for such taxable year with respect to any qualifying broadband project. (b) Qualified investment (1) In general For purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a qualifying broadband project— (A) (i) the construction, reconstruction, or erection of which is completed by the taxpayer, or (ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer, and (B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. (2) Special rule for certain subsidized property Rules similar to section 48(a)(4) (without regard to subparagraph (D) thereof) shall apply for purposes of this section. (3) Certain qualified progress expenditures 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 enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (c) Limitation (1) In general The amount of the credit allowed under subsection (a) for any taxable year with respect to any qualifying broadband project shall not exceed the broadband credit dollar amount allocated to such project by a State under this section. (2) Broadband credit dollar amount (A) In general The aggregate broadband credit dollar amount which may be allocated for any calendar year by any State shall not exceed the sum of— (i) $5,000,000, plus (ii) the amount that bears the same ratio to $2,500,000 as the population of individuals in the state residing in rural areas bears the population of individuals residing in rural areas in all States. (B) Broadband credit dollar amount carryforward (i) In general If the limitation under subparagraph (A) (determined without regard to this subparagraph) exceeds the aggregate amount of broadband credit dollar amounts allocated for any calendar year, such excess shall be treated as a broadband credit dollar amount carryforward and added to the limitation under such subparagraph for the 2 succeeding calendar years. (ii) Ordering rules Broadband credit dollar amount carryforwards shall be treated as used in the order in which they arose. (d) Qualifying broadband project For purposes of this section— (1) In general The term qualifying broadband project means any project which— (A) is designed to provide broadband service solely to 1 or more areas— (i) which are rural areas, and (ii) in which more than 50 percent of residential households do not have access to fixed, terrestrial broadband service which delivers at least 25 megabits per second downstream and at least 3 megabits service upstream, (B) results in gigabit capable Internet access to residential locations, commercial locations, or a combination of residential and commercial locations, but only if at least 90 percent of the locations provided such access under the project are locations where, before the project, a broadband service provider— (i) did not provide service, or (ii) did not provide service which meets the minimum speed requirements described in subparagraph (A)(ii), and (C) is certified by the Secretary pursuant to paragraph (2). (2) Qualifying broadband project certification program (A) In general Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Chairman of the Federal Communications Commission and the Secretary of Agriculture, shall establish a qualifying broadband project certification program to consider and award certifications for qualified investments eligible for credits under this section. (B) Application period (i) In general Each applicant for certification under this paragraph shall submit an application containing such information as the Secretary may require during each annual application period. (ii) Annual application period For purposes of this paragraph, the term annual application period means a 60-day period beginning each calendar year on the date determined by the Secretary. (C) Nomination A project may not be certified under this paragraph unless— (i) the project is nominated by a State or local government in a single, uniform application that is submitted to the Secretary by each State on behalf of projects nominated by the State and by its localities, and (ii) such State or local government provides written assurances within the application under clause (i) that the project satisfies the requirements of subparagraphs (A) and (B) of paragraph (1). (D) Certification Not later than 60 days after the end of the annual application period, the Secretary, in consultation with the Chairman of the Federal Communications Commission and the Secretary of Agriculture, shall award certifications under this section. (e) Definitions For purposes of this section— (1) Eligible property The term eligible property means any property which is a part of a qualifying broadband project. (2) Rural area The term rural area has the meaning given such term under section 343(a)(13) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13) ), determined without regard to subparagraph (B) or (C) thereof. (3) State The term State means the 50 States. . (b) Conforming amendments (1) Section 46 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting , and , and by adding at the end the following new paragraph: (7) the qualifying broadband project credit. . (2) Section 49(a)(1)(C) of such Code is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting , and , and by adding at the end the following new clause: (vi) the basis of any property which is part of a qualifying broadband project 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(b)(3) . (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: Sec. 48D. Qualifying broadband project credit. . (c) Effective date The amendments made by this section shall apply to periods after December 31, 2021, in taxable years ending after such date, under rules similar to the rules of section 48(m) of such Code (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). | https://www.govinfo.gov/content/pkg/BILLS-117s1676is/xml/BILLS-117s1676is.xml |
117-s-1677 | II 117th CONGRESS 1st Session S. 1677 IN THE SENATE OF THE UNITED STATES May 18, 2021 Ms. Baldwin (for herself, Mr. Sanders , Ms. Warren , Mr. Merkley , Mr. Markey , Mr. Booker , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a process by which participants of employee welfare plans select guidelines to be used by the plan fiduciary for voting proxies on securities held in investment portfolios under the plan, and for other purposes.
1. Short title This Act may be cited as the Encouraging More Proxy voting by Organized Workers, Employees, and Retirement Savers Act or the EMPOWERS Act . 2. Trusteeship of single-employer plans Section 403(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1103(a) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking Except as and inserting (1) Except as ; and (3) by adding at the end the following: (2) (A) The assets of a single-employer plan shall be held in trust by a joint board of trustees, which shall consist of 2 or more trustees representing on an equal basis the interests of the employer or employers maintaining the plan and the interests of the participants and their beneficiaries. (B) (i) Except as provided in clause (ii), in any case in which the plan is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and one or more employers, the trustees representing the interests of the participants and their beneficiaries shall be designated by such employee organizations. (ii) In any case in which clause (i) does not apply with respect to a single-employer plan because the plan is not described in clause (i), the trustee or trustees representing the interests of the participants and their beneficiaries shall consist of 1 or more participants under the plan elected to serve as such in accordance with this clause. (C) Not later than one year after the date of enactment of the Encouraging More Proxy voting by Organized Workers, Employees, and Retirement Savers Act , the Secretary shall issue rules with respect to the election of trustees and certification of the results of such elections under subparagraph (B)(ii). Such rules shall ensure that— (i) employee trustee elections are— (I) fair and democratic and free from interference by the employer, the employer’s fiduciaries, and the investment managers; (II) designed to maximize participation by plan participants and their beneficiaries and to be convenient for participants, and their beneficiaries when appropriate, to vote; (III) use the latest technologies to meet the objectives described in subclause (II); (IV) provide for a secret ballot to be used by the participants of the plan (or, in the case of a deceased participant, by the beneficiary of such participant); and (V) provide one vote per participant, which, in the event a participant is deceased, may be cast by the deceased participant's beneficiary; and (ii) trustee vacancies are filled— (I) by the election process, and not by appointment; and (II) not later than one month after the trustee position is vacant. . 3. Proxy voting guidelines for single employer plans (a) Establishment of plan Section 402 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1102 ) is amended by adding at the end the following: (d) Proxy voting guidelines for single employer plans (1) In general The trustees of a plan shall establish a set of proxy voting guidelines to direct the voting of the plan's shares of corporate stock by plan fiduciaries, except in the case of an employee stock ownership plan as defined in section 407(d)(6). (2) Trustees (A) Training Each plan trustee described in paragraph (1) shall undergo training, which shall— (i) include education on proxy voting issues, fund and executive compensation practices, procedural prudence, and appropriate long-term investing for retirement savers; and (ii) be administered by a third party nonprofit organization with significant experience in educating trustees for service as employee representatives on employee benefit boards. (B) Training curriculum The training described in subparagraph (A) shall follow a curriculum established by an entity selected by the Secretary. (C) Fiduciary duty to undergo training A failure to undergo training and fulfill the obligation to develop guidelines in accordance with paragraph (1) shall be deemed to be a violation of fiduciary duties under section 404. (3) Voting guidelines with respect to different investment options A plan may establish multiple voting guidelines, with each set of voting guidelines applicable to specific fiduciaries and investment options available to the plan participants. (4) Availability of voting guidelines The voting guidelines established pursuant to this subsection with respect to a plan shall be made available to all plan participants and beneficiaries. (5) Investment companies and pooled investment vehicles (A) Provision of voting guidelines If an employee benefit plan is invested in securities issued by an investment company registered under the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 ), or any other pooled investment vehicle, the trustees described in paragraph (1) shall provide to the company the voting guidelines established under paragraph (1). (B) Proxy voting An investment company or pooled investment vehicle described in subparagraph (A) shall vote in accordance with the guidelines provided under that subparagraph with respect to the percentage of proxies that is equivalent to the percentage of ownership of the employee benefit plan in the investment company. (C) Proxy voting record report An investment company described in subparagraph (A) shall annually provide to the participant representation board a report on all the votes the investment company cast on behalf of the plan in the last year. Each such report shall provide the relevant provision of the plan’s guidelines illustrating how the investment company made its determination. (D) Rule of construction Nothing in this paragraph may be construed to deem securities issued by investment companies to employee benefit plans to be senior securities, as defined in section 18(g) of the Investment Company Act of 1940 ( 15 U.S.C. 80–18(g) ). (6) Exemption for small plans The Secretary may exempt from the requirements of this subsection any plan with fewer than 100 participants, subject to the same requirements with respect to an exemption to reporting requirements under section 2520.104–46 of title 29, Code of Federal Regulations (or any successor regulations). (7) Conforming with Secure Act Not later than one year after the enactment of this subsection, the Secretary shall promulgate rules to ensure that the requirements of this subsection apply to multiple employer plans with pooled providers plans as described in section 413(e) of the Internal Revenue Code of 1986. (8) Investment manager proxy voting policies No investment manager shall require participating investors to accept the investment manager’s own proxy voting policy as a condition of investment . (b) Prudence requirement Section 404(a)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a)(1) ) is amended— (1) in subparagraph (C), by striking and at the end; (2) in subparagraph (D), by striking the period and inserting ; and ; and (3) by adding at the end the following: (E) in exercising a plan’s proxy voting rights with respect to plan assets— (i) may vote proxies in accordance with the plan's proxy voting guidelines as established by the plan's trustees, unless the fiduciary determines that the casting of any proxy vote would be inconsistent with subparagraphs (A) and (B); and (ii) may consider— (I) the distinct and specific investment objectives and horizons of the participants and beneficiaries, especially in contrast with other market actors engaged in proxy voting; and (II) the diversified nature of the plan’s investments and the effect of any negative externalities generated by portfolio companies on the plan’s ability to provide benefits to participants and beneficiaries by reducing the returns from other plan assets. . | https://www.govinfo.gov/content/pkg/BILLS-117s1677is/xml/BILLS-117s1677is.xml |
117-s-1678 | II 117th CONGRESS 1st Session S. 1678 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Heinrich (for himself, Mr. Blumenthal , and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 39, United States Code, to maintain certain service standards for first-class mail, and for other purposes.
1. Short title This Act may be cited as the Delivering Envelopes Judiciously On-time Year-round Act or the DEJOY Act . 2. Service standards for first-class mail Section 3691 of title 39, United States Code, is amended by adding at the end the following: (e) Service standards for first-Class mail Notwithstanding any other provision of this title, the service standards for first-class mail shall be the standards that were in effect on January 1, 2021. . | https://www.govinfo.gov/content/pkg/BILLS-117s1678is/xml/BILLS-117s1678is.xml |
117-s-1679 | II 117th CONGRESS 1st Session S. 1679 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Casey (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title VII of the Public Health Service Act to authorize assistance for increasing workforce diversity in the professions of physical therapy, occupational therapy, respiratory therapy, audiology, and speech-language pathology, and for other purposes.
1. Short title This Act may be cited as the Allied Health Workforce Diversity Act of 2021 . 2. Increasing workforce diversity in the professions of physical therapy, occupational therapy, respiratory therapy, audiology, and speech-language pathology 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 new part: G Increasing workforce diversity in the professions of physical therapy, occupational therapy, respiratory therapy, audiology, and speech-language pathology 783. Scholarships and stipends (a) In general The Secretary may award grants and contracts to eligible entities to increase educational opportunities in the professions of physical therapy, occupational therapy, respiratory therapy, audiology, and speech-language pathology for eligible individuals by— (1) providing student scholarships or stipends, including for— (A) completion of an accelerated degree program; (B) completion of an associate’s, bachelor’s, master’s, or doctoral degree program; and (C) entry by a diploma or associate’s degree practitioner into a bridge or degree completion program; (2) providing assistance for completion of prerequisite courses or other preparation necessary for acceptance for enrollment in the eligible entity; and (3) carrying out activities to increase the retention of students in one or more programs in the professions of physical therapy, occupational therapy, respiratory therapy, audiology, and speech-language pathology. (b) Consideration of recommendations In carrying out subsection (a), the Secretary shall take into consideration the recommendations of national organizations representing the professions of physical therapy, occupational therapy, respiratory therapy, audiology, and speech-language pathology, including the American Physical Therapy Association, the American Occupational Therapy Association, the American Speech-Language-Hearing Association, the American Association for Respiratory Care, the American Academy of Audiology, and the Academy of Doctors of Audiology. (c) Required information and conditions for award recipients (1) In general The Secretary may require recipients of awards under this section to report to the Secretary concerning the annual admission, retention, and graduation rates for eligible individuals in programs of the recipient leading to a degree in any of the professions of physical therapy, occupational therapy, respiratory therapy, audiology, and speech-language pathology. (2) Falling rates If any of the rates reported by a recipient under paragraph (1) fall below the average for such recipient over the 2 years preceding the year covered by the report, the recipient shall provide the Secretary with plans for immediately improving such rates. (3) Ineligibility A recipient described in paragraph (2) shall be ineligible for continued funding under this section if the plan of the recipient fails to improve the rates within the 1-year period beginning on the date such plan is implemented. (d) Definitions In this section: (1) Eligible entities The term eligible entity means an education program that— (A) is accredited by— (i) the Council on Academic Accreditation in Audiology and Speech-Language Pathology or the Accreditation Commission for Audiology Education; (ii) the Commission on Accreditation in Physical Therapy Education; (iii) the Accreditation Council for Occupational Therapy Education; or (iv) the Commission on Accreditation for Respiratory Care; and (B) is carrying out a program for recruiting and retaining students underrepresented in the professions of physical therapy, occupational therapy, respiratory therapy, audiology, and speech-language pathology (including racial or ethnic minorities, or students from disadvantaged backgrounds). (2) Eligible individual The term eligible individual means an individual who— (A) is a member of a class of persons who are underrepresented in the professions of physical therapy, occupational therapy, respiratory therapy, audiology, speech-language pathology (including individuals who are racial or ethnic minorities, or are from disadvantaged backgrounds or individuals with a disability (as defined in section 3(1) of the Americans with Disabilities Act of 1990, or who have an individualized education program, as defined in section 602 of the Individuals with Disabilities Education Act, are covered under section 504 of the Rehabilitation Act of 1973, or have other documentation establishing the student’s disability (as such term is defined in section 3 of the Americans with Disabilities Act of 1990))); (B) has a financial need for a scholarship or stipend; and (C) is enrolled (or accepted for enrollment) at an audiology, speech-language pathology, respiratory therapy, physical therapy, or occupational therapy program as a full-time student at an eligible entity. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $8,000,000 for the first fiscal year commencing after the date of enactment of the Allied Health Workforce Diversity Act of 2021 and each of the 4 succeeding fiscal years. . | https://www.govinfo.gov/content/pkg/BILLS-117s1679is/xml/BILLS-117s1679is.xml |
117-s-1680 | II 117th CONGRESS 1st Session S. 1680 IN THE SENATE OF THE UNITED STATES May 18, 2021 Ms. Duckworth (for herself, Mr. Brown , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend chapter 53 of title 49, United States Code, to provide competitive grants to assist State and local governmental authorities in addressing accessibility needs of legacy rail fixed guideway public transportation systems.
1. Short title This Act may be cited as the All Station Accessibility Program Act of 2021 or the ASAP Act . 2. Competitive grants for accessibility upgrades to legacy rail fixed guideway public transportation systems (a) In general Chapter 53 of title 49, United States Code, is amended by inserting after section 5315 the following: 5316. Accessibility grants for legacy rail fixed guideway public transportation systems (a) Definitions In this section— (1) the term center for independent living has the meaning given the term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ); (2) the term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); (3) the term eligible entity means a State or local governmental authority; (4) the term legacy rail fixed guideway public transportation system — (A) means a rail fixed guideway public transportation system that was in operation before July 26, 1990; and (B) includes a commuter rail system that uses stations or facilities for passenger use constructed before the date described in subparagraph (A); and (5) the term protection and advocacy system means such a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (b) Grants The Secretary may make grants under this section to assist eligible entities in financing capital projects to upgrade the accessibility of legacy rail fixed guideway public transportation systems for persons with disabilities, including those who use wheelchairs, by increasing the number of existing (as of the date of enactment of the ASAP Act ) stations or facilities for passenger use that meet (including exceeding) the new construction standards of title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq.). (c) Eligible costs (1) In general Subject to paragraph (2), an eligible entity may use a grant awarded under this section— (A) for a project to repair, improve, or relocate infrastructure of stations or facilities for passenger use, including load-bearing members that are an essential part of the structural frame; (B) to develop or modify a plan for pursuing public transportation accessibility projects, including— (i) assessments of accessibility or assessments of planned modifications to stations or facilities for passenger use, performed by the protection and advocacy system for persons with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring people with disabilities are able to live in and participate in their communities; or (ii) coordination by the recipient with such protection and advocacy system, center for independent living, or similar nonprofit organization; or (C) to carry out other projects that meet (including exceeding) the new construction standards of title II of the Americans with Disabilities Act of 1990. (2) Limitation Eligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (b). (d) Eligible stations or facilities for passenger use An eligible entity— (1) may not use a grant awarded under this section to upgrade a station or facility for passenger use that is accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, consistent with current (as of the date of the upgrade) new construction standards under title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq.); and (2) may use the grant to upgrade a station or facility for passenger use that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, is readily accessible and usable as so described. (e) Accessibility commitment An eligible entity that receives a grant under this section shall adopt a plan under which the entity commits to pursuing public transportation accessibility projects that— (1) enhance the customer experience and maximize accessibility of rolling stock and stations or facilities for passenger use for individuals with disabilities, including— (A) accessibility for individuals with physical disabilities, including those who use wheelchairs; (B) accessibility for individuals with sensory disabilities; and (C) accessibility for individuals with intellectual or developmental disabilities; (2) improve the operations of, provide efficiencies of service to, and enhance the public transportation system for individuals with disabilities; and (3) address equity of service to all riders regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income riders, older individuals, riders from communities of color, and riders with disabilities. (f) Coordination with disability advocacy entities In administering grants under this section, the Secretary shall encourage— (1) coordination between recipients and disability advocacy entities such as the protection and advocacy system for persons with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring people with disabilities are able to live in and participate in their communities; and (2) assessments of accessibility or assessments of planned modifications to stations or facilities for passenger use, performed by such an advocacy entity, to the extent merited by the scope of the capital project of the recipient proposed to be assisted under this section. (g) Government share of costs A grant for a project under this section shall be for 90 percent of the net project cost of the project. The recipient may provide additional local matching amounts. . (b) Authorization of appropriations Section 5338 of title 49, United States Code, is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following: (g) Accessibility grants for legacy rail fixed guideway public transportation systems There are authorized to be appropriated to carry out section 5316, $1,000,000,000 for fiscal year 2022 and each fiscal year thereafter. . (c) Technical and conforming amendment The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5315 the following: 5316. Accessibility grants for legacy rail fixed guideway public transportation systems. . | https://www.govinfo.gov/content/pkg/BILLS-117s1680is/xml/BILLS-117s1680is.xml |
117-s-1681 | II 117th CONGRESS 1st Session S. 1681 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Peters (for himself, Mr. Sullivan , and Ms. Cortez Masto ) 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 promote transportation career opportunities and improve diversity in the workforce.
1. Short title This Act may be cited as the Promoting Service in Transportation Act . 2. Transportation workforce outreach program (a) In general Subchapter I of chapter 55 of subtitle III of title 49, United States Code, is amended by adding at the end the following: 5506. Transportation workforce outreach program (a) In general The Secretary of Transportation (referred to in this section as the Secretary ) shall establish and administer a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement campaigns during each of fiscal years 2022 through 2027. (b) Purposes The purpose of the campaigns carried out under the program under this section shall be— (1) to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck and bus drivers, engineers, transit workers, railroad workers, and other transportation professionals; and (2) to target awareness of professional opportunities in the transportation sector to diverse segments of the population, including with respect to race, sex, age, ethnicity, ability (including physical and mental ability), and socioeconomic status. (c) Advertising The Secretary may use, or authorize the use of, amounts made available to carry out the program under this section for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out a campaign under this section. (d) Funding For each of fiscal years 2022 through 2027, the Secretary may use to carry out this section any amounts otherwise made available to the Secretary, not to exceed $5,000,000 for each fiscal year. . (b) Clerical amendment The table of sections for chapter 55 of subtitle III of title 49, United States Code, is amended by inserting after the item relating to section 5505 the following: 5506. Transportation workforce outreach program. . | https://www.govinfo.gov/content/pkg/BILLS-117s1681is/xml/BILLS-117s1681is.xml |
117-s-1682 | II 117th CONGRESS 1st Session S. 1682 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To prohibit certain provisions of an Executive Order relating to land conservation from taking effect, and for other purposes.
1. Short title This Act may be cited as the No Land Grab Act of 2021 . 2. Protection of private property (a) In general Section 216 of Executive Order 14008 (86 Fed. Reg. 7627; relating to tackling the climate crisis at home and abroad (February 1, 2021)) shall have no force or effect. (b) Recommendations and reports No Federal agency may take an action if the action is solely authorized by a report or recommendation issued pursuant to section 216 of the Executive Order described in subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1682is/xml/BILLS-117s1682is.xml |
117-s-1683 | II 117th CONGRESS 1st Session S. 1683 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Scott of South Carolina (for himself, Mr. Toomey , Mr. Grassley , and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the use of funds to support a measure at the World Trade Organization waiving intellectual property rights, and for other purposes.
1. Short title This Act may be cited as the Preventing Foreign Attempts To Erode Healthcare Innovation Act . 2. Findings Congress finds the following: (1) The coronavirus disease 2019 (commonly referred to as COVID–19 ) pandemic precipitated a global response to the need for treatments, therapeutics, and vaccines, challenging the life sciences community to innovate at an unprecedented pace. (2) In response to this need, life sciences companies across the globe have brought more than 600 novel COVID–19 treatments under development, including 130 vaccines in clinical trials and 176 in pre-clinical trials. (3) Predictable, transparent, and enforceable intellectual property rights have been a cornerstone of establishing the United States as an innovation hub before and during the pandemic. (4) The first two COVID–19 vaccines to be authorized for emergency use in the United States employ mRNA technology that applies years of scientific research driven by effective, internationally recognized intellectual property rights, underscoring the historic mobilization in response to the pandemic that has resulted in unprecedented partnerships between governments and businesses to develop and deploy intellectual property solutions in record time. (5) The petition, led by India and South Africa, before the Council for Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization, seeking a waiver to suspend all intellectual property rights associated with COVID–19 innovations, would establish unnecessary barriers to innovation that put at risk the life-saving solutions to the pandemic the world desperately needs. (6) Proper and effective intellectual property rights enable the greatest access to life-saving cures and treatments through voluntary licensing agreements and other valuable partnerships already being established between life sciences innovators and vaccine manufacturers across the globe. (7) Inadequate United States leadership in defending intellectual property rights internationally invites foreign competitor governments, including the Government of the People's Republic of China, to take advantage of weak global protections, thereby undermining United States investment and leadership in the life sciences. 3. Sense of Congress It is the sense of Congress that— (1) the United States should continue to promote strong international property rights internationally; and (2) it is in the national interest of the United States to oppose efforts to transfer United States intellectual property and technology to the People's Republic of China or other countries seeking to profit off United States investments. 4. Prohibition on use of funds None of the funds authorized to be appropriated or otherwise made available to the United States Trade Representative may be used to support, allow, or facilitate the negotiation or approval of— (1) the waiver from certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights for the prevention, containment, and treatment of COVID–19 proposed by India and South Africa; or (2) any other measure at the World Trade Organization to waive intellectual property rights. | https://www.govinfo.gov/content/pkg/BILLS-117s1683is/xml/BILLS-117s1683is.xml |
117-s-1684 | II 117th CONGRESS 1st Session S. 1684 IN THE SENATE OF THE UNITED STATES May 18, 2021 Ms. Cortez Masto (for herself, Mr. Leahy , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To strengthen the ability of the Federal Home Loan Bank system to provide critical financing to address the economic crisis caused by the COVID–19 pandemic and to meet the short- and long-term housing and community economic development needs of low-income communities, including Tribal communities, and for other purposes.
1. Short title This Act may be cited as the Federal Home Loan Banks' Mission Implementation Act . 2. Purpose The purpose of this Act is to promote economic recovery in response to the COVID–19 pandemic and to meet the short- and long-term housing and community economic development needs of low-income communities, including Tribal communities, by— (1) increasing the ability of the Federal Home Loan Banks to accept, as collateral, small business loans guaranteed by the Small Business Administration; (2) authorizing the Federal Home Loan Banks to accept government guaranteed loans as collateral to support COVID–19 programs; (3) allowing community development financial institutions and credit unions to pledge community financial institution collateral, such as small business, small agriculture, and community development loans, and enable the Federal Housing Finance Agency to raise the threshold for qualification as a community financial institution; (4) providing letters of credit to provide liquidity, and support, stabilize and strengthen local, Tribal, State and Federal governmental entities public unit deposits, housing and community development efforts, and vital public financing; (5) increasing funding for the Affordable Housing Program established by each Federal Home Loan Bank under section 10(j) of the Federal Home Loan Bank Act ( 12 U.S.C. 1430(j) ) and establishing a 2 percent set aside for Native American Tribes; and (6) creating a community economic development investment program within the Federal Home Loan Bank system to generate financial opportunity, create jobs, and stimulate economic development in distressed urban, rural, Tribal, and suburban communities in the United States. 3. FHLB advances secured by SBA loans Section 7 of the Small Business Act ( 15 U.S.C. 636 ) is amended by adding at the end the following: (o) Federal home loan bank advances (1) Definition of Bank In this subsection, the term Bank means a Federal Home Loan Bank, as defined in section 2 of the Federal Home Loan Bank Act ( 12 U.S.C. 1422 ). (2) Advances A Bank that, in the exercise of its authority under section 10 of the Federal Home Loan Bank Act ( 12 U.S.C. 1430 ) to make secured advances, accepts as collateral a loan guaranteed by the Administration under this Act or any other provision of law, including loans guaranteed under section 7(a)— (A) may exercise all of the rights and remedies contained in any pledge or similar security agreement between the Bank and the lending or participating institution that made or purchased the loan; and (B) in the event of default on the loan, shall possess the same rights and remedies as such a lending or participating institution would possess in the same circumstance, including collecting monies due on the guarantee directly from the Administration. (3) Transfer of guarantee With respect to a guaranteed loan that a Bank accepts as collateral under paragraph (2), the guarantee obligation of the Administration on the loan shall transfer to the Bank. . 4. Making government guaranteed loans in response to the COVID–19 crisis eligible collateral for the federal home loan banks Section 10(a)(3) of the Federal Home Loan Bank Act ( 12 U.S.C. 1430(a)(3) ) is amended by adding at the end the following: (F) Loans guaranteed or insured by the United States Government or any agency thereof and made by any member under programs or facilities established by the Secretary of the Treasury or the Board of Governors of the Federal Reserve System under the CARES Act ( Public Law 116–136 ) or other similar programs or facilities in subsequently enacted Acts to address the impact to the economy from the COVID–19 crisis, including other similar programs or facilities established under section 13(3) of the Federal Reserve Act ( 12 U.S.C. 343(3) ). (G) Loans guaranteed by the Small Business Administration under the Small Business Act ( 15 U.S.C. 631 et seq.) or any other provision of law. . 5. Adding credit unions to the definition of community financial institutions and expanding the purposes of advances and collateral available to certain community development financial institutions (a) In general Section 10(a) of the Federal Home Loan Bank Act ( 12 U.S.C. 1430(a) ) is amended— (1) in paragraph (2)(B), by inserting or qualifying community development financial institution after community financial institution ; and (2) in paragraph (3)(E), by inserting or qualifying community development financial institution after community financial institution . (b) Definitions Section 2 of the Federal Home Loan Bank Act ( 12 U.S.C. 1422 ) is amended— (1) in paragraph (10)— (A) by striking institution .— and all that follows through The term and inserting institution .—The term ; (B) by striking subparagraph (B); (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (D) in subparagraph (A), as so redesignated, by inserting ( 12 U.S.C. 1811 et seq.) or the Federal Credit Union Act ( 12 U.S.C. 1751 et seq.) before the semicolon; and (E) in subparagraph (B), as so redesignated, by striking $1,000,000,000 and inserting assets at a level set by the Agency, but not more than $10,000,000,000 ; and (2) by adding at the end the following: (13) Qualifying community development financial institution The term qualifying community development financial institution means an entity that— (A) has been certified as a community development financial institution (as such term is defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ) by the Secretary of the Treasury; and (B) satisfies the average total assets threshold requirement for a community financial institution set forth in paragraph (10). . 6. Standby letters of credit The Federal Home Loan Bank Act ( 12 U.S.C. 1421 et seq.) is amended— (1) in section 2 ( 12 U.S.C. 1422 ), as amended by section 5 of this Act, is amended by adding at the end the following: (14) Employee- or community-owned company The term employee- or community-owned company means— (A) an organization described in section 1381 of the Internal Revenue Code of 1986; (B) an eligible worker-owned cooperative, as defined in section 1042(c)(2) of the Internal Revenue Code of 1986; and (C) an employee stock ownership plan, as defined in section 4975(e)(7) of the Internal Revenue Code of 1986, which meets the requirements of section 409 of such Code. ; (2) in section 11 ( 12 U.S.C. 1431 ), by adding at the end the following: (m) Standby letters of credit (1) In general Each Federal Home Loan Bank is authorized to issue and confirm standby letters of credit, secured by collateral eligible to secure advances, to support any activity permitted under law or regulation applicable to the member or non-member mortgagee eligible to receive advances under section 10b, subject to safety and soundness oversight, including the purposes described in paragraph (2). (2) Purposes Each Bank is authorized to issue or confirm on behalf of members or non-member mortgagees standby letters of credit that comply with the requirements of this subsection for any of the following purposes: (A) To assist members or non-member mortgagees in facilitating residential housing finance. (B) To assist members or non-member mortgagees in facilitating community lending. (C) To assist members or non-member mortgagees with asset or liability management. (D) To provide members or non-member mortgagees with liquidity or other funding. (E) To assist members in facilitating business retention or facilitating business transition to employee- or community-owned companies or assisting those companies. . 7. Letters of credit on tax exempt bonds (a) In general Clause (iv) of section 149(b)(3)(A) of the Internal Revenue Code of 1986 is amended by striking a bond during the period beginning on the date of the enactment of this clause and ending on December 31, 2010 and inserting a municipal bond (as defined in section 75(b)(1)) on or after the date of enactment of the Federal Home Loan Banks' Mission Implementation Act . (b) Safety and soundness requirements Subparagraph (E) of section 149(b)(3) of the Internal Revenue Code of 1986 is amended by striking which are at least and all that follows through the period and inserting as are established by the Director of the Federal Housing Finance Agency from time to time. . (c) Effective date The amendments made by this section shall apply to guarantees made after the date of enactment of this Act. (d) Sunset Effective on the date that is 2 years after the date on which the Federal Emergency Management Agency terminates the emergency declared on March 13, 2020 by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID–19) pandemic, section 149(b)(3) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (A)(iv), by striking a municipal bond (as defined in section 75(b)(1)) on or after the date of enactment of the Federal Home Loan Banks' Mission Implementation Act and inserting a bond during the period beginning on the date of the enactment of this clause and ending on December 31, 2010 ; and (2) in subparagraph (E), by striking as are established by the Director of the Federal Housing Finance Agency from time to time and inserting which are at least as stringent as such requirements which apply under regulations applicable to such guarantees by Federal home loan banks as in effect on April 9, 2008 . 8. Affordable housing program (a) In general Section 10 of the Federal Home Loan Bank Act ( 12 U.S.C. 1430 ) is amended— (1) in subsection (j)— (A) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking such as the following: and inserting such as— ; (ii) in subparagraph (A)— (I) by inserting the before purchase ; and (II) by striking the comma at the end and inserting a semicolon; (iii) in subparagraph (B)— (I) by inserting the before purchase ; and (II) by striking and at the end; (iv) in subparagraph (C)— (I) by inserting the before purchase ; and (II) by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following: (D) the purchase or rehabilitation of housing financed by a community land trust; and (E) the purchase or rehabilitation of housing in qualified manufactured home communities owned by nonprofit organizations or the residents. ; and (B) in paragraph (5)(C)— (i) by striking 10 and inserting 20 ; (ii) by striking 100,000,000 and inserting 200,000,000 ; and (iii) by adding at the end the following: Of such contribution, an amount equal to not less than 2 percent of 20 percent of the preceding year's net income shall be used to support subsidized grants or advances through the Affordable Housing Program benefitting federally recognized Indian Tribes and communities, which includes awards outside of the district of a Bank. . (b) Definitions Section 2 of the Federal Home Loan Bank Act ( 12 U.S.C. 1422 ), as amended by section 6 of this Act, is amended by adding at the end the following: (16) Manufactured home The term manufactured home has the meaning given the term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5402 ). (17) Qualified manufactured home community (A) In general The term qualified manufactured home community means— (i) a cooperative controlled by residents or a nonprofit or municipal housing corporation established pursuant to the laws of the State in which the property used as a manufactured home community is located; and (ii) (I) in the case of a community owned by a cooperative corporation or membership nonprofit, with membership interests that are sold on a non-appreciating basis, has only 1 class of membership consisting solely of residents and homeowners that occupy a home in that manufactured home community; or (II) in the case of a community owned by a nonprofit corporation— (aa) the nonprofit exists for the purposes of preserving and improving affordable housing and is primarily for residential purposes; and (bb) the intent of the nonprofit in acquiring the community is for the purposes of preserving and improving the manufactured home community. (B) Governance An entity shall not be treated as a qualified manufactured home community unless governance of the entity is carried out by members elected to a board of directors with voting structured equitably among all members. . (c) Technical and conforming amendments Section 10 of the Federal Home Loan Bank Act ( 12 U.S.C. 1430 ) is amended— (1) in subsection (c), by striking Federal home loan bank and inserting Federal Home Loan Bank ; (2) in subsection (h)(2), by striking section 10(a) of this Act and inserting subsection (a) ; and (3) in subsection (j)— (A) in paragraph (2), in the matter preceding subparagraph (A), by striking Board's regulations and inserting regulations promulgated by the Director ; (B) in paragraph (6)— (i) in subparagraph (A), by striking this paragraph and inserting paragraph (5) ; (ii) in subparagraph (C), in the second sentence, by striking Board's decision and inserting decision of the Director ; and (iii) in subparagraph (F), by inserting Notification .— before The Director ; (C) in paragraph (8), in the matter preceding subparagraph (A), by striking paragraph and inserting subsection ; (D) in paragraph (12)— (i) in subparagraph (A), by inserting In general .— before The Director ; and (ii) in subparagraph (B), by inserting Analyses .— before The analyses ; and (E) in paragraph (13), in the matter preceding subparagraph (A), by striking subsection— and inserting subsection: . 9. Community investment cash advance and community economic development program (a) In general Section 10 of the Federal Home Loan Bank Act ( 12 U.S.C. 1430 ) is amended by inserting after subsection (e) the following: (f) Community investment cash advance and community economic development program (1) In general Pursuant to regulations promulgated by the Director, each Bank— (A) may establish community investment cash advance programs to provide financing for members or nonmember mortgagees eligible to receive advances under section 10b to provide projects targeted to certain economic development activities and specific beneficiaries, including certain geographic areas and at certain targeted income levels established by the Bank with the prior approval of Director; and (B) shall provide targeted community economic development grants and lending. (2) Mixed-use projects With respect to a project funded under a program established under this subsection involving a combination of housing projects and economic development projects, only the economic development components of the project shall be required to meet the appropriate targeted income level for the program. (3) Pricing and availability of advances A Bank shall price advances to members under this subsection as provided in section 1266.5 of title 12, Code of Federal Regulations, or any successor regulation, and may price such advances at rates below the price of advances of similar amounts, maturities, and terms made pursuant to subsection (a). (4) Advances to non-member mortgagees eligible to receive advances (A) In general A Bank may offer advances under a program established under this subsection to non-member mortgagees eligible to receive advances under subsection (b) at the Bank's option. (B) Pricing A Bank shall price advances under this paragraph to non-member mortgagees eligible to receive advances under section 10b as provided in section 1266.17 of title 12, Code of Federal Regulations, or any successor regulation, and may price such advances at rates below the price of advances of similar amounts, maturities, and terms made pursuant to section 10b. (5) Pricing pass-through A Bank may require that borrowers receiving advances made under a program established under this subsection pass through the benefit of any price reduction from regular advance pricing to borrowers of the Bank. (6) Discount fund (A) In general A Bank may establish a discount fund that the Bank may use to reduce the price of advances made under a program established under this subsection below the advance prices provided for by part 1292 of title 12, Code of Federal Regulations, or any successor regulation. (B) Fair distribution scheme Price reductions made through a discount fund under subparagraph (A) shall be made in accordance with a fair distribution scheme. (7) Community economic developing grants and lending (A) Definitions In this paragraph: (i) Eligible entity The term eligible entity means— (I) a locally-owned nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code or a community development corporation— (aa) that has experience in developing and managing economic development projects; (bb) that governed by a board of directors consisting of residents of the community and business and civic leaders; and (cc) the principal purpose of which is to plan, develop, or manage low-income housing or community development projects; (II) a non-depository community development financial institution, as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ), that is certified by the Community Development Financial Institutions Fund under section 1805.201 of title 12, Code of Federal Regulations, or any successor regulation; (III) a federally recognized Indian Tribe or community; or (IV) a regional or national nonprofit community development or cooperative development intermediary. (ii) Low-income community The term low-income community has the meaning given the term in section 45D(e) of the Internal Revenue Code of 1986. (iii) Rural community The term rural community means a city, town, or Census Designated Place with a population of not more than 20,000, according to the most recent decennial census conducted by the Bureau of the Census. (iv) Very low-income household The term very low-income household means a household with an income that is not greater than 50 percent of the area median income. (B) Requirement Each Bank shall establish a program to provide grants or subsidize the interest rate on advances to members engaged in lending to eligible entities for economic development activities that serve low-income or rural communities. (C) Use of funds The entire amount of a grant or subsidized advance provided under this paragraph— (i) shall benefit the communities assisted by the recipient of the grant or subsidized advance; (ii) shall not be used for the purpose of financial education or to support a sports stadium or arena; and (iii) shall provide at least 2 percent of grants or advance funds to benefit federally recognized Indian Tribes or communities, which may include a Bank providing grants or advance funds outside of the district of the Bank. (D) Eligible activities Economic development activities that are eligible to be carried out under this paragraph include— (i) providing grants and equity investments, including those that capitalize a revolving loan fund of a Treasury-certified non-depository community development financial institution for eligible economic development activities similar to the authority provided within the Affordable Housing Program under subsection (j); (ii) providing awards consistent with awards provided under section 680 of the Community Block Grant Act ( 42 U.S.C. 9921 ); (iii) financing business transitions to worker-owned cooperatives or financing the sales of business assets to employees or community stakeholders that preserve jobs in low- and moderate-income communities; (iv) financing capital expenditures, such as the purchase of equipment or real property for nonprofit organizations, including child care or health care facilities in low-income communities, that provide service to low-income households; (v) financing operating expenses for nonprofit community development organizations engaged in community economic development activities benefitting very low-income households; (vi) water, road, broadband, clean energy, or municipal infrastructure investments, including investments to address climate change, in Native American tribal lands and economically distressed rural communities; (vii) providing community facilities or infrastructure, including public transit, green space consisting of parks with trees and shrubbery, heat-reflecting road and sidewalk upgrades, tornado shelters, public restrooms, or environmental cooling locations accessible to the public in low-income communities; and (viii) any other activity established by the Director in consultation with Congress, the Federal Home Loan Banks and their housing advisory councils, and the public. (E) Priorities for making grants and advances In using amounts provided under this paragraph, each Bank member shall give priority to qualified projects such as— (i) grants or advances for mixed-use housing developments that provide economic activity and affordable housing for low-income and rural communities; (ii) grants or advances for child care facilities that serve low-income households; (iii) grants or advances for programs that provide economic opportunities for formerly incarcerated individuals; (iv) grants or advances that enable conversion to employee- or community-owned companies or financing the sales of business assets to employees or community stakeholders; (v) grants or advances to established regional and national intermediary organizations that already receive Federal funds and have the capacity to deliver economic development activities to low-income households; and (vi) any other priority established by the Agency in consultation with the Banks, Bank members, housing advisory councils of the Banks, Congress, and the public. (F) Requirements for projects in rural communities With respect to a project carried out by an eligible entity in a rural community under this paragraph— (i) not less than 51 percent of the population served by the project shall reside in the rural community; (ii) the projects shall primarily serve and benefit rural residents and communities; and (iii) the rural community shall be within the jurisdiction of the eligible entity. (G) Report Each member receiving a grant or advance under this paragraph shall report annually to the Bank making the grant or advance concerning the use by the member of the grant or advance. (H) Contribution to program Each Bank shall annually contribute 10 percent of the preceding year’s net income, or such prorated sums as may be required to ensure that the aggregate contribution of the Banks shall not be less than $100,000,000 for each such year, to support grants and subsidized advances made under this paragraph. . | https://www.govinfo.gov/content/pkg/BILLS-117s1684is/xml/BILLS-117s1684is.xml |
117-s-1685 | II 117th CONGRESS 1st Session S. 1685 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Cardin (for himself, Mr. Crapo , Mr. King , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To amend the Congressional Budget Act of 1974 respecting the scoring of preventive health savings.
1. Scoring of preventive health savings Section 202 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 602 ) is amended by adding at the end the following: (h) Scoring of preventive health savings (1) Determination by the Director Upon a request by the chairman or ranking minority member of the Committee on the Budget, the Committee on Finance, or the Committee on Health, Education, Labor, and Pensions of the Senate, or by the chairman or ranking minority member of the Committee on the Budget, the Committee on Energy and Commerce, or the Committee on Ways and Means of the House of Representatives, the Director shall determine if a proposed measure would result in reductions in budget outlays in budgetary outyears through the use of preventive health and preventive health services. (2) Projections If the Director determines that a measure would result in substantial reductions in budget outlays as described in paragraph (1), the Director— (A) shall include, in any projection prepared by the Director, a description and estimate of the reductions in budget outlays in the budgetary outyears and a description of the basis for such conclusions; and (B) may prepare a budget projection that includes some or all of the budgetary outyears, notwithstanding the time periods for projections described in subsection (e) and sections 308, 402, and 424. (3) Definitions As used in this subsection— (A) the term budgetary outyears means the 2 consecutive 10-year periods beginning with the first fiscal year that is 10 years after the budget year provided for in the most recently agreed to concurrent resolution on the budget; and (B) the term preventive health means an action that focuses on the health of the public, individuals and defined populations in order to protect, promote, and maintain health and wellness and prevent disease, disability, and premature death that is demonstrated by credible and publicly available evidence from epidemiological projection models, clinical trials, observational studies in humans, longitudinal studies, and meta-analysis. . | https://www.govinfo.gov/content/pkg/BILLS-117s1685is/xml/BILLS-117s1685is.xml |
117-s-1686 | II 117th CONGRESS 1st Session S. 1686 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wilderness Act to allow local Federal officials to determine the manner in which nonmotorized uses may be permitted in wilderness areas, and for other purposes.
1. Short title This Act may be cited as the Human-Powered Travel in Wilderness Areas Act . 2. Returning human-powered travel to wilderness areas Section 4(c) of the Wilderness Act ( 16 U.S.C. 1133(c) ) is amended— (1) by striking the subsection designation and heading and all that follows through Except as and inserting the following: (c) Prohibition of certain uses (1) Definitions In this subsection: (A) Local official The term local official means the officer or employee who is the head of a unit or jurisdiction of, as applicable— (i) the Bureau of Land Management; (ii) the National Park Service; (iii) the Forest Service; or (iv) the United States Fish and Wildlife Service. (B) Nonmotorized travel The term nonmotorized travel means a method of human travel that does not use a propulsive internal or external motor with a nonliving power source. (C) Permitted route The term permitted route means any new or existing path, trail, paved or unpaved road, or way over snow or ice, located within a wilderness area designated by this Act on which one or more forms of nonmotorized recreational use is permitted under applicable law (including regulations) on the date on which a local official makes a determination under paragraph (3) or the date that is 2 years after the date of enactment of the Human-Powered Travel in Wilderness Areas Act , as applicable in accordance with paragraph (3). (2) Prohibitions (A) Commercial enterprises; permanent roads Except as ; (2) in paragraph (2) (as so designated)— (A) in subparagraph (A), by striking this Act and, except as and inserting the following: this Act. (B) Temporary roads; motor vehicles, motorized equipment, and other forms of travel Except as ; and (B) in subparagraph (B) (as so designated), by inserting (but not including any form of nonmotorized travel, regardless of whether the nonmotorized travel is mechanically assisted, in which the sole propulsive power source is one or more persons) after mechanical transport ; and (3) by adding at the end the following: (3) Permissible forms of recreational use on permitted routes (A) Determinations by local officials (i) In general Notwithstanding any other provision of law, the Secretary of Agriculture and the Secretary of the Interior shall authorize relevant local officials to determine, by not later than 2 years after the date of enactment of the Human-Powered Travel in Wilderness Areas Act , all permissible forms of nonmotorized travel over any permitted route within the jurisdiction of the local official. (ii) Failure to determine (I) In general If a local official fails to make the determination described in clause (i) with respect to a permitted route within the jurisdiction of the local official by the date that is 2 years after the date of enactment of the Human-Powered Travel in Wilderness Areas Act , any form of nonmotorized travel shall be allowable on the permitted route. (II) Effect of clause Nothing in this clause limits the authority of a local official to make a determination described in clause (i) relating to a permitted route described in subclause (I) after the date that is 2 years after the date of enactment of the Human-Powered Travel in Wilderness Areas Act , in accordance with this subparagraph. (iii) Requirement In making a determination pursuant to this subparagraph, a local official shall seek to accommodate all forms of nonmotorized travel, to the maximum extent practicable. (B) Authority In making a determination pursuant to subparagraph (A), a local official may carry out such activities and promulgate such regulations as the local official determines to be appropriate to reduce, eliminate, or prevent environmental impacts or undue conflicts among members of nonmotorized travel user groups, including— (i) restricting, by permit or other means, the number of individuals allowed on a permitted route or in a wilderness area; (ii) instructing users to stay on permitted routes; (iii) limiting party size; (iv) educating users regarding best practices; (v) using volunteer or paid patrollers; (vi) establishing speed limits; (vii) adding natural features to discourage improper uses of permitted routes; (viii) designating the direction of travel on a permitted route; and (ix) separating uses of permitted routes— (I) by day or time of day; or (II) seasonally. (4) Effect of subsection (A) In general Subject to subparagraph (B), nothing in this subsection requires the Secretary of Agriculture, the Secretary of the Interior, or any local official— (i) to alter any wilderness area; (ii) to allow in a wilderness area any use that is likely to change the wilderness character of the area; (iii) (I) to open a permitted route or wilderness area to a public recreational use; or (II) to maintain a permitted route or wilderness area for such a use; or (iv) to allow any nonmotorized travel on any portion of the Appalachian National Scenic Trail that is administered entirely as a footpath pursuant to section 5(a)(1) of the National Trails System Act ( 16 U.S.C. 1244(a)(1) ). (B) Presumption A form of nonmotorized travel, regardless of whether the nonmotorized travel is mechanically assisted, in which the sole propulsive power source is one or more persons shall be rebuttably presumed to be in accordance with the preservation and maintenance of the wilderness character of a wilderness area. . | https://www.govinfo.gov/content/pkg/BILLS-117s1686is/xml/BILLS-117s1686is.xml |
117-s-1687 | II 117th CONGRESS 1st Session S. 1687 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Rubio (for himself, Mrs. Shaheen , Ms. Hassan , Mr. Risch , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend section 21 of the Small Business Act to require cyber certification for small business development center counselors, and for other purposes.
1. Short title This Act may be cited as the Small Business Cyber Training Act of 2021 . 2. Duties of small business development center counselors (a) Cyber training Section 21 of the Small Business Act ( 15 U.S.C. 648 ) is amended by adding at the end the following: (o) Cyber strategy training for small business development centers (1) Definitions In this subsection— (A) the term cyber strategy means resources and tactics to assist in planning for cybersecurity and defending against cyber risks and attacks; and (B) the term lead small business development center means a small business development center that has received a grant from the Administration. (2) Certification program The Administrator shall establish a cyber counseling certification program, or designate a substantially similar existing program, to certify the employees of lead small business development centers in providing cyber planning assistance to small business concerns. (3) Number of certified employees The Administrator shall ensure that the number of employees of each lead small business development center who are certified in providing cyber planning assistance is not less than the lesser of— (A) 5; or (B) 10 percent of the total number of employees of the lead small business development center. (4) Cyber strategy In carrying out paragraph (2), the Administrator, to the extent practicable, shall consider any cyber strategy methods included in the Small Business Development Center Cyber Strategy developed under section 1841(a)(3)(B) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2662). (5) Reimbursement for certification (A) In general Subject to the availability of appropriations, the Administrator shall reimburse a lead small business development center for costs relating to the certification of an employee of the lead small business center in providing cyber planning assistance under the program established under paragraph (2). (B) Limitation The total amount reimbursed by the Administrator under subparagraph (A) may not exceed $350,000 in any fiscal year. . (b) Implementation Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall implement paragraphs (2), (3), and (4) of section 21(o) of the Small Business Act, as added by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1687is/xml/BILLS-117s1687is.xml |
117-s-1688 | II 117th CONGRESS 1st Session S. 1688 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Van Hollen (for himself, Mr. Schatz , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish a Federal standard in order to improve the Nation's resilience to current and future flood risk.
1. Short title This Act may be cited as the Federal Flood Risk Management Act of 2021 . 2. Definitions In this Act— (1) the term Administrator means the Administrator of the Federal Emergency Management Agency; (2) the term agency — (A) has the meaning given the term Executive agency in section 105 of title 5, United States Code; and (B) does not apply to an agency that does not take agency actions in or affecting floodplains; (3) the term agency action — (A) means, with respect to an agency— (i) acquiring, managing, and disposing of Federal lands and facilities; (ii) providing construction and improvements that are undertaken, financed by, or assisted by the Federal Government; and (iii) conducting Federal activities and programs that affect land use, including planning, regulating, and licensing activities relating to water and land resources; and (B) does not include a military construction project described in section 2802 of title 10, United States Code; (4) the term base flood means a flood that has a not less than 1 percent chance of occurring in a year; (5) the term critical action means any agency action with respect to which the head of the agency determines a slight chance of flooding would present an unacceptable amount of risk; (6) the term Executive Order 11988 means Executive Order 11988 (42 Fed. Reg. 26951; relating to floodplain management); (7) the term federally funded project means an action in which Federal funds are used, with respect to a structure or facility, for new construction, for substantial improvement, or to address substantial damage; (8) the term floodplain means, subject to section 4(b)(2), the lowland and relatively flat area that adjoins inland and coastal waters (including flood-prone areas of offshore islands); (9) the term National Flood Insurance Program means the program established under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq.); (10) the term Standard means the Federal Flood Risk Management Standard set forth in Appendix G to Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input, published on October 8, 2015; and (11) the term Water Resources Council means the Council established under section 101 of the Water Resources Planning Act ( 42 U.S.C. 1962a ). 3. Sense of Congress It is the sense of Congress that— (1) it should be the policy of the United States to improve the resiliency of communities and assets of the Federal Government against the impacts of flooding; (2) the impacts of flooding are anticipated to increase over time due to increased future risk and greater development on floodplains; (3) losses caused by flooding affect— (A) the environment; (B) the economic prosperity of the United States; (C) public health and safety; and (D) the national security of the United States; (4) the Federal Government must take action, informed by the best available and actionable science, to improve the preparedness and resilience of the United States with respect to flooding; (5) Executive Order 11988 requires agencies to avoid— (A) to the maximum extent practicable, the long- and short-term adverse impacts associated with the occupancy and modification of floodplains; and (B) direct or indirect support of floodplain development whenever a more practicable alternative is available; (6) to implement Executive Order 11988, the Federal Government has developed processes for evaluating the impacts of Federal actions in or affecting floodplains; (7) in June 2013, an interagency effort to create a new flood risk reduction standard for federally funded projects was initiated; (8) in establishing the standard described in paragraph (7), the views of governors, mayors, and interested members of the public were solicited and considered; (9) the result of the efforts described in paragraphs (7) and (8) is the Standard, a flexible framework to increase resilience against flooding and help preserve the natural values of floodplains; and (10) enacting the Standard will ensure that agencies expand management from the base flood level in effect as of the date of enactment of this Act to a higher vertical elevation and a corresponding horizontal floodplain in order to— (A) address current and future flood risk; and (B) ensure that federally funded projects last as long as intended. 4. Floodplain management (a) In general The head of each agency shall provide leadership and shall take action, when carrying out an agency action, to— (1) reduce the risk of losses resulting from floods; (2) minimize the impact of floods on human safety, health, and welfare; and (3) restore and preserve the natural and beneficial values served by floodplains. (b) Agency responsibilities (1) In general In carrying out an agency action, as described in subsection (a), the head of each agency shall— (A) evaluate the potential effects of any agency action taken by the agency in a floodplain, as determined under paragraph (2); (B) ensure that the planning programs and budget requests of the agency reflect consideration of flood hazards and the management of floodplains; and (C) prescribe procedures to implement the policies and requirements of this Act— (i) to the extent permitted by law; and (ii) in accordance with the procedures described in paragraph (3). (2) Determination of floodplains The head of an agency shall, when determining whether an agency action will take place in a floodplain— (A) use— (i) the elevation and flood hazard area, as determined by— (I) a climate-informed science approach that— (aa) uses the best available actionable hydrologic and hydraulic data and methods; (bb) integrates current and future changes in flooding based on climate science; (cc) includes an emphasis on whether the agency action is a critical action; and (dd) takes into consideration changes over the lifetime of the project that is the subject of the agency action; (II) the freeboard value, reached by adding an additional— (aa) 2 feet to the base flood elevation for an agency action that is not a critical action; and (bb) 3 feet to the base flood elevation for an agency action that is a critical action; or (III) any other method that is identified in any amendment made to this Act; or (ii) an area that has a 0.2 percent chance of flooding in a year; and (B) rely on— (i) the best available information; and (ii) the Flood Insurance Rate Map published by the Administrator for the community in which the agency action shall take place. (3) Procedures The procedures described in this paragraph are as follows: (A) Before an agency takes an agency action, the head of the agency shall determine under paragraph (2) whether the proposed agency action will take place in a floodplain. (B) If an agency action described in subparagraph (A) may have a significant effect on the quality of the human environment, the evaluation required under paragraph (5) shall be included in any statement prepared under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (C) If the head of an agency has determined to, or proposes to, conduct, support, or allow an agency action that will take place in a floodplain, as determined under paragraph (2), the head of the agency shall— (i) consider alternatives in order to avoid adverse effects and incompatible development in the floodplain; (ii) when possible, rely on natural systems, ecosystem processes, and nature-based approaches when considering alternatives under clause (i); (iii) if the head of the agency determines that the only practicable alternative consistent under law, including the requirements of this Act, requires taking an agency action in a floodplain, before taking the agency action— (I) design or modify the agency action to minimize potential harm to or within the floodplain consistent with regulations issued under paragraph (6); and (II) prepare and distribute a notice that contains an explanation with respect to why the agency action shall take place in the floodplain; (iv) send a notice to all State, local, and Tribal governments with respect to the geographic areas that are affected by the agency action that— (I) is not more than 3 pages long; (II) includes— (aa) a location map; (bb) the reasons why the agency action shall occur in a floodplain; (cc) a statement indicating whether the agency action conforms to applicable State or local floodplain protection standards; and (dd) a list of the alternatives to the agency action that the head of the agency considered; and (III) allows for a brief comment period before the head of the agency may take the agency action; and (v) provide the opportunity for early public review of any plan or proposal for the agency action, including the development of procedures for any Federal action the impact of which is not significant enough to require the preparation of a statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (4) Requests for authorizations and appropriations The head of an agency, when making any request to the Director of the Office of Management and Budget for a new authorization or for appropriations, shall indicate, if an agency action to be proposed shall take place in a floodplain, as determined under paragraph (2), whether the agency action complies with this Act. (5) Water and land use plans (A) In general The head of an agency, when formulating or evaluating any water and land use plan, shall— (i) take floodplain management into account; and (ii) require the use of land and water resources that are appropriate when compared with the degree of hazard that is involved. (B) Considerations The head of each agency shall— (i) provide for the adequate evaluation and consideration of flood hazards with respect to the regulations and operating procedures for the licenses, permits, and loan or grant programs administered by the agency; and (ii) with respect to an applicant for a license, permit, loan, or grant that is issued or administered by the agency, encourage, and provide appropriate guidance to, the applicant to evaluate, before submitting the application, the effects that the application, if granted, would have on floodplains. (6) Regulations and procedures To the extent permitted by law, the head of each agency shall, in consultation with the Water Resources Council, the Federal Interagency Floodplain Management Task Force, the Administrator, and the Council on Environmental Quality— (A) issue regulations, or amend regulations that are in effect as of the date of enactment of this Act, to comply with the requirements of this Act; and (B) amend the regulations described in subparagraph (A) as warranted. (c) Annual reassessment The Mitigation Framework Leadership Group, in consultation with the Federal Interagency Floodplain Management Task Force, shall— (1) annually reassess the implementation of the requirements imposed under this section; and (2) provide recommendations to the Water Resources Council for updates to the requirements imposed under this section that are warranted based on accurate and actionable science that takes into account changes to climate and other changes in flood risk. 5. Federal Flood Risk Management Standard (a) In general The head of an agency shall— (1) except as provided in subsection (b), with respect to a federally funded project undertaken by the agency, ensure that the agency complies with the Standard; and (2) if the agency has responsibility for the administration or management of Federal real property and facilities, in addition to the requirements under section 4 and paragraph (1)— (A) require the construction of Federal structures and facilities to comply with— (i) the regulations and procedures issued under section 4(b)(6); and (ii) any regulations issued under the National Flood Insurance Program unless those regulations are demonstrably inappropriate for a structure or facility; (B) apply accepted floodproofing and other flood protection measures to the construction or rehabilitation of a structure or facility that is located in a floodplain; (C) when practicable, elevate a structure above the floodplain instead of filling in land; (D) provide on structures and, where appropriate, other pieces of property a conspicuous delineation of past and probable flood height— (i) if the structure or other property— (I) is used by the general public; and (II) (aa) has suffered flood damage; or (bb) is in an identified flood hazard area; and (ii) in order to enhance public awareness of, and knowledge about, flood hazards; and (E) when Federal property in a floodplain is proposed for lease, easement, right-of-way, or disposal to a non-Federal public or private party— (i) reference in the conveyance those uses that are restricted under Federal, State, or local regulations relating to floodplains; and (ii) (I) except where prohibited by law, attach any other appropriate restrictions to the uses of the property by the grantee or purchaser, as applicable, and any successors; or (II) withhold the property from conveyance. (b) Exemption The head of an agency may exempt a federally funded project from the requirement under subsection (a)(1) if— (1) the exemption is in the interest of national security; (2) the undertaking of the federally funded project is— (A) because of an emergency; or (B) a mission-critical requirement relating to a national security interest or an emergency; or (3) applying the Standard to a federally funded project is demonstrably inappropriate. (c) Updates Not less frequently than once every 5 years, the Water Resources Council shall update the Standard, as determined appropriate by the Water Resources Council. 6. Financial transactions in areas subject to flooding In addition to any responsibilities under this Act and sections 102, 202, and 205 of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a , 4106, 4128), the head of any agency that guarantees, approves, regulates, or insures any financial transaction relating to an area that is subject to a base flood shall, before completing any action relating to that transaction, inform any private parties that are participating in the transaction about the hazards of locating a structure in that area. 7. Reports (a) In general Not later than 1 year after the date of enactment of this Act, the head of each agency shall submit to the Council on Environmental Quality a report regarding how the requirements of this Act impact the procedures and operations of the agency. (b) Analysis of Standard Each report submitted under subsection (a) shall contain a separate analysis regarding how the requirement under section 5(a)(1) has impacted the agency. (c) Evaluation Not less frequently than once every 2 years, the Water Resources Council shall— (1) evaluate the procedures, including the effectiveness of the procedures, of each agency relating to the requirements of this Act, taking into account each report submitted under subsection (a); and (2) submit to the appropriate committees of Congress a report that contains the result of the evaluation required under paragraph (1). 8. General provisions (a) Rules of construction Nothing in this Act may be construed— (1) as applying to assistance that is provided for emergency work that is— (A) performed under sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170b , 5192); and (B) essential to— (i) save human life; and (ii) protect— (I) property; and (II) public health and safety; or (2) to impair or otherwise affect— (A) the authority granted by law to an agency or the head of an agency; or (B) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) Implementation This Act shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) Responsibilities of Water Resources Council Except as otherwise expressly provided, the Water Resources Council shall carry out the responsibilities of the Council under this Act in consultation with the Mitigation Framework Leadership Group. 9. Assumption of responsibilities If subparagraphs (A), (B), and (C) of section 4(b)(3) apply to a project to which section 104(h) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(h) ) applies, an appropriate applicant may assume the responsibilities under those subparagraphs if the applicant has also assumed, with respect to the project, all responsibilities for environmental review, decision making, and action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). | https://www.govinfo.gov/content/pkg/BILLS-117s1688is/xml/BILLS-117s1688is.xml |
117-s-1689 | II 117th CONGRESS 1st Session S. 1689 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Booker (for himself, Ms. Hirono , Mr. Markey , Mr. Menendez , Ms. Warren , Mr. Brown , Ms. Baldwin , Mr. Blumenthal , Ms. Smith , Ms. Duckworth , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes.
1. Short title This Act may be cited as the Real Education and Access for Healthy Youth Act of 2021 . 2. Purpose and findings (a) Purpose The purpose of this Act is to provide young people with sex education and sexual health services that— (1) promote and uphold the rights of young people to information and services that empower them to make decisions about their bodies, health, sexuality, families, and communities in all areas of life; (2) are evidence-informed, comprehensive in scope, confidential, equitable, accessible, medically accurate and complete, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented; (3) provide information about the prevention, treatment, and care of pregnancy, sexually transmitted infections, and interpersonal violence; (4) provide information about the importance of consent as a basis for healthy relationships and for autonomy in healthcare; (5) provide information on gender roles and gender discrimination; (6) provide information on the historical and current condition in which education and health systems, policies, programs, services, and practices have uniquely and adversely impacted Black, Indigenous, Latinx, Asian, Asian American and Pacific Islander, and other People of Color; and (7) redress inequities in the delivery of sex education and sexual health services to marginalized young people. (b) Findings Congress finds the following: (1) Young people need and have the right to sex education and sexual health services that are evidence-informed, comprehensive in scope, confidential, equitable, accessible, medically accurate and complete, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented. (2) Currently, there is a gap between the sex education that young people should be receiving based on expert standards and the sex education many actually receive. (3) Only 29 States and the District of Columbia mandate sex education in schools. (4) When there is sex education or instruction regarding human immunodeficiency virus (HIV) or sexually transmitted infections (STI), 15 States do not require the content to be evidence-informed, medically accurate and complete, age and developmentally appropriate, or culturally responsive. (5) Many sex education programs and sexual health services currently available were not designed to and do not currently meet the needs of marginalized young people. Some such programs and services actually harm marginalized young people. (6) For marginalized young people, a lack of comprehensive in scope, confidential, equitable, and accessible sex education and sexual health services is not unfamiliar, but rather a longstanding manifestation of white supremacy, which has touched every aspect of our history, culture, and institutions, including the education and healthcare systems. (7) The development and delivery of sexual health education and services in the United States historically has been rooted in the oppression of Black, Indigenous, Latinx, Asian, Asian American and Pacific Islander, and other People of Color. (8) The United States has a long history of eugenics and forced sterilization. The sexual and reproductive rights and bodily autonomy of specific communities deemed undesirable or defective were targeted by our governments resulting in state-sanctioned violence and generations of trauma and oppression. These communities include— (A) people with low incomes; (B) immigrants; (C) people with disabilities; (D) people living with HIV; (E) survivors of interpersonal violence; (F) people who are incarcerated, detained, or who otherwise have encountered the criminal-legal system; (G) Black, Indigenous, and other People of Color; (H) people who are lesbian, gay, bisexual, transgender, and queer; and (I) young people who are pregnant and parenting. (9) Black young people are more likely to receive abstinence-only instruction. Research shows that abstinence-only instruction, also known as sexual risk avoidance instruction, is ineffective in comparison to sex education. (10) Black, Indigenous, and Latinx young people are disproportionately more likely to be diagnosed with an STI, have an unintended pregnancy, or experience sexual assault. (11) The framework of Reproductive Justice acknowledges and aims to address the legacy of white supremacy, systemic oppression, and the restrictions on sex education and sexual health services that disproportionately impact marginalized communities. Reproductive Justice will be achieved when all people regardless of actual or perceived race, color, ethnicity, national origin, religion, immigration status, sex (including gender identity and sexual orientation), disability status, pregnancy or parenting status, or age have the power to make decisions about their bodies, health, sexuality, families, and communities in all areas of life. (12) Increased resources are required for sex education and sexual health services to reach all young people, redress inequities and their impacts on marginalized young people, and achieve Reproductive Justice for young people. (13) Such sex education and sexual health services should— (A) promote and uphold the rights of young people to information and services in order to make and exercise informed and responsible decisions about their sexual health; (B) be evidence-informed, comprehensive in scope, confidential, equitable, accessible, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented; (C) include instruction and materials that address— (i) puberty and adolescent development; (ii) sexual and reproductive anatomy and physiology; (iii) sexual orientation, gender identity, and gender expression; (iv) contraception, pregnancy, and reproduction; (v) HIV and other STIs; (vi) consent and healthy relationships; and (vii) interpersonal violence; (D) promote gender equity and be inclusive of young people with varying gender identities, gender expressions, and sexual orientations; (E) promote safe and healthy relationships; and (F) promote racial equity and be responsive to the needs of young people who are Black, Indigenous, and other People of Color. 3. Definitions In this Act: (1) Age and developmentally appropriate The term age and developmentally appropriate means topics, messages, and teaching methods suitable to particular ages, age groups, or developmental levels, based on cognitive, emotional, social, and behavioral capacity of most young people at that age level. (2) Characteristics of effective programs The term characteristics of effective programs means the aspects of evidence-informed programs, including development, content, and implementation of such programs, that— (A) have been shown to be effective in terms of increasing knowledge, clarifying values and attitudes, increasing skills, and impacting behavior; and (B) are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, unintended pregnancy, and interpersonal violence among young people. (3) Consent The term consent means affirmative, conscious, and voluntary agreement to engage in interpersonal, physical, or sexual activity. (4) Culturally responsive The term culturally responsive means education and services that— (A) embrace and actively engage and adjust to young people and their various cultural identities; (B) recognize the ways in which many marginalized young people face unique barriers in our society that result in increased adverse health outcomes and associated stereotypes; and (C) may address the ways in which racism has shaped national health care policy, the lasting historical trauma associated with reproductive health experiments and forced sterilizations of Black, Latinx, and Indigenous communities, or sexual stereotypes assigned to young People of Color or LGBTQ+ people. (5) Evidence-informed The term evidence-informed means incorporates characteristics, content, or skills that have been proven to be effective through evaluation in changing sexual behavior. (6) Gender expression The term gender expression means the expression of one's gender, such as through behavior, clothing, haircut, or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. (7) Gender identity The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. (8) Inclusive The term inclusive means content and skills that ensure marginalized young people are valued, respected, centered, and supported in sex education instruction and materials. (9) 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 ). (10) Interpersonal violence The term interpersonal violence means abuse, assault, bullying, dating violence, domestic violence, harassment, intimate partner violence, or stalking. (11) Marginalized young people The term marginalized young people means young people who are disadvantaged by underlying structural barriers and social inequities, including young people who are— (A) Black, Indigenous, and other People of Color; (B) immigrants; (C) in contact with the foster care system; (D) in contact with the juvenile justice system; (E) experiencing homelessness; (F) pregnant or parenting; (G) lesbian, gay, bisexual, transgender, or queer; (H) living with HIV; (I) living with disabilities; (J) from families with low-incomes; or (K) living in rural areas. (12) Medically accurate and complete The term medically accurate and complete means that— (A) the information provided through the education is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or (B) the education contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. (13) Resilience The term resilience means the ability to adapt to trauma and tragedy. (14) Secretary The term Secretary means the Secretary of Health and Human Services. (15) Sex education The term sex education means high quality teaching and learning that— (A) is delivered, to the maximum extent practicable, following the National Sexuality Education Standards of the Future of Sex Ed Initiative; (B) is about a broad variety of topics related to sex and sexuality, including— (i) puberty and adolescent development; (ii) sexual and reproductive anatomy and physiology; (iii) sexual orientation, gender identity, and gender expression; (iv) contraception, pregnancy, and reproduction; (v) HIV and other STIs; (vi) consent and healthy relationships; and (vii) interpersonal violence; (C) explores values and beliefs about such topics; and (D) helps young people in gaining the skills that are needed to navigate relationships and manage one’s own sexual health. (16) Sexual development The term sexual development means the lifelong process of physical, behavioral, cognitive, and emotional growth and change as it relates to an individual's sexuality and sexual maturation, including puberty, identity development, socio-cultural influences, and sexual behaviors. (17) Sexual health services The term sexual health services includes— (A) sexual health information, education, and counseling; (B) all methods of contraception approved by the Food and Drug Administration; (C) routine gynecological care, including human papillomavirus (HPV) vaccines and cancer screenings; (D) pre-exposure prophylaxis or post-exposure prophylaxis; (E) substance use and mental health services; (F) interpersonal violence survivor services; and (G) other prevention, care, or treatment services. (18) Sexual orientation The term sexual orientation means an individual's romantic, emotional, or sexual attraction to other people. (19) Trauma The term trauma means a response to an event, series of events, or set of circumstances that is experienced or witnessed by an individual or group of people as physically or emotionally harmful or life-threatening with lasting adverse effects on their functioning and mental, physical, social, emotional, or spiritual well-being. (20) Trauma-informed and resilience-oriented The term trauma-informed and resilience-oriented means an approach that realizes the prevalence of trauma, recognizes the various ways individuals, organizations, and communities may respond to trauma differently, recognizes that resilience can be built, and responds by putting this knowledge into practice. (21) Young people The term young people means individuals who are ages 10 through 29 at the time of commencement of participation in a project supported under this Act. (22) Youth-friendly sexual health services The term youth-friendly sexual health services means sexual health services that are provided in a confidential, equitable, and accessible manner that makes it easy and comfortable for young people to seek out and receive services. 4. Grants for sex education at elementary and secondary schools and youth-serving organizations (a) Program authorized The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out projects that provide young people with sex education. (b) Duration Grants awarded under this section shall be for a period of 5 years. (c) Eligible entity In this section, the term eligible entity means a public or private entity that delivers health education to young people. (d) Applications An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that are— (1) State educational agencies or local educational agencies; or (2) Indian Tribes or Tribal organizations, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (f) Use of funds Each eligible entity that receives a grant under this section shall use the grant funds to carry out a project that provides young people with sex education. 5. Grants for sex education at institutions of higher education (a) Program authorized The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to institutions of higher education or consortia of such institutions to enable such institutions to provide students with age and developmentally appropriate sex education. (b) Duration Grants awarded under this section shall be for a period of 5 years. (c) Applications An institution of higher education or consortium of such institutions desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Priority In awarding grants under this section, the Secretary shall give priority to an institution of higher education that— (1) has an enrollment of needy students, as defined in section 318(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059e(b) ); (2) is a Hispanic-serving institution, as defined in section 502(a) of such Act ( 20 U.S.C. 1101a(a) ); (3) is a Tribal College or University, as defined in section 316(b) of such Act ( 20 U.S.C. 1059c(b) ); (4) is an Alaska Native-serving institution, as defined in section 317(b) of such Act ( 20 U.S.C. 1059d(b) ); (5) is a Native Hawaiian-serving institution, as defined in section 317(b) of such Act ( 20 U.S.C. 1059d(b) ); (6) is a Predominantly Black Institution, as defined in section 318(b) of such Act ( 20 U.S.C. 1059e(b) ); (7) is a Native American-serving, nontribal institution, as defined in section 319(b) of such Act ( 20 U.S.C. 1059f(b) ); (8) is an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(b) of such Act ( 20 U.S.C. 1059g(b) ); or (9) is a minority institution, as defined in section 365 of such Act ( 20 U.S.C. 1067k ), with an enrollment of needy students, as defined in section 312 of such Act ( 20 U.S.C. 1058 ). (e) Uses of funds (1) In general An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (A) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. (B) Developing or adopting and implementing educational programming outside of class that delivers age and developmentally appropriate sex education to students. (C) Developing or adopting and implementing innovative technology-based approaches to deliver age and developmentally appropriate sex education to students. (D) Developing or adopting and implementing peer-led activities to generate discussion, educate, and raise awareness among students about age and developmentally appropriate sex education. (E) Developing or adopting and implementing policies and practices to link students to sexual health services. 6. Grants for educator training (a) Program authorized The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the activities described in subsection (e). (b) Duration Grants awarded under this section shall be for a period of 5 years. (c) Eligible entity In this section, the term eligible entity means— (1) a State educational agency or local educational agency; (2) an Indian Tribe or Tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); (3) a State or local department of health; (4) an educational service agency; (5) a nonprofit institution of higher education or a consortium of such institutions; or (6) a national or statewide nonprofit organization or consortium of nonprofit organizations that has as its primary purpose the improvement of provision of sex education through training and effective teaching of sex education. (d) Application An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Authorized activities (1) Required activity Each eligible entity receiving a grant under this section shall use grant funds for professional development and training of relevant teachers, health educators, faculty, administrators, and staff, in order to increase effective teaching of sex education to young people. (2) Permissible activities Each eligible entity receiving a grant under this section may use grant funds to— (A) provide training and support for educators about the content, skills, and professional disposition needed to implement sex education effectively; (B) develop and provide training and support to educators on incorporating anti-racist and gender inclusive policies and practices in sex education; (C) support the dissemination of information on effective practices and research findings concerning the teaching of sex education; (D) support research on— (i) effective sex education teaching practices; and (ii) the development of assessment instruments and strategies to document— (I) young people’s understanding of sex education; and (II) the effects of sex education; (E) convene conferences on sex education, in order to effectively train educators in the provision of sex education; and (F) develop and disseminate appropriate research-based materials to foster sex education. (3) Subgrants Each eligible entity receiving a grant under this section may award subgrants to nonprofit organizations that possess a demonstrated record of providing training to teachers, health educators, faculty, administrators, and staff on sex education to— (A) train educators in sex education; (B) support internet or distance learning related to sex education; (C) promote rigorous academic standards and assessment techniques to guide and measure student performance in sex education; (D) encourage replication of best practices and model programs to promote sex education; (E) develop and disseminate effective, research-based sex education learning materials; or (F) develop academic courses on the pedagogy of sex education at institutions of higher education. 7. Authorization of grants to support the delivery of sexual health services to marginalized young people (a) Program authorized The Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to provide youth-friendly sexual health services to marginalized young people. (b) Duration Grants awarded under this section shall be for a period of 5 years. (c) Eligible entity In this section, the term eligible entity means— (1) a public or private youth-serving organization; or (2) a covered entity, as defined in section 340B of the Public Health Service Act ( 42 U.S.C. 256b ). (d) Applications An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Use of funds (1) In general Each eligible entity that receives a grant under this section may use the grant funds to— (A) develop and implement an evidence-informed project to deliver sexual health services to marginalized young people; (B) establish, alter, or modify staff positions, service delivery policies and practices, service delivery locations, service delivery environments, service delivery schedules, or other services components in order to increase youth-friendly sexual health services to marginalized young people; (C) conduct outreach to marginalized young people to invite them to participate in the eligible entity’s sexual health services and to provide feedback to inform improvements in the delivery of such services; (D) establish and refine systems of referral to connect marginalized young people to other sexual health services and supportive services; (E) establish partnerships and collaborations with entities providing services to marginalized young people to link such young people to sexual health services, such as by delivering health services at locations where they congregate, providing transportation to locations where sexual health services are provided, or other linkages to services approaches; (F) provide evidence-informed, comprehensive in scope, confidential, equitable, accessible, medically accurate and complete, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented sexual health information to marginalized young people in the languages and cultural contexts that are most appropriate for the marginalized young people to be served by the eligible entity; (G) promote effective communication regarding sexual health among marginalized young people; and (H) provide training and support for eligible entity personnel and community members who work with marginalized young people about the content, skills, and professional disposition needed to provide youth-friendly sex education and youth-friendly sexual health services. 8. Reporting and impact evaluation (a) Grantee report to secretary For each year an eligible entity receives grant funds under section 4, 5, 6, or 7, the eligible entity shall submit to the Secretary a report that includes— (1) the use of grant funds by the eligible entity; (2) how the use of grant funds has increased the access of young people to sex education or sexual health services; and (3) such other information as the Secretary may require. (b) Secretary’s report to Congress Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to Congress a report on the activities funded under this Act. The Secretary's report to Congress shall include— (1) a statement of how grants awarded by the Secretary meet the purposes described in section 2(a); and (2) information about— (A) the number of eligible entities that are receiving grant funds under sections 4, 5, 6, and 7; (B) the specific activities supported by grant funds awarded under sections 4, 5, 6, and 7; (C) the number of young people served by projects funded under sections 4, 5, and 7, in the aggregate and disaggregated and cross-tabulated by grant program, race and ethnicity, sex, sexual orientation, gender identity, and other characteristics determined by the Secretary (except that such disaggregation or cross-tabulation shall not be required in a case in which the results would reveal personally identifiable information about an individual young person); (D) the number of teachers, health educators, faculty, school administrators, and staff trained under section 6; and (E) the status of the evaluation required under subsection (c). (c) Multi-Year evaluation (1) In general Not later than 6 months after the date of the enactment of this Act, the Secretary shall enter into a contract with a nonprofit organization with experience in conducting impact evaluations to conduct a multi-year evaluation on the impact of the projects funded under sections 4, 5, 6, and 7 and to report to Congress and the Secretary on the findings of such evaluation. (2) Evaluation The evaluation conducted under this subsection shall— (A) be conducted in a manner consistent with relevant, nationally recognized professional and technical evaluation standards; (B) use sound statistical methods and techniques relating to the behavioral sciences, including quasi-experimental designs, inferential statistics, and other methodologies and techniques that allow for conclusions to be reached; (C) be carried out by an independent organization that has not received a grant under section 4, 5, 6, or 7; and (D) be designed to provide information on output measures and outcome measures to be determined by the Secretary. (3) Report Not later than 6 years after the date of enactment of this Act, the organization conducting the evaluation under this subsection shall prepare and submit to the appropriate committees of Congress and the Secretary an evaluation report. Such report shall be made publicly available, including on the website of the Department of Health and Human Services. 9. Nondiscrimination Activities funded under this Act shall not discriminate on the basis of actual or perceived sex (including sexual orientation and gender identity), age, parental status, race, color, ethnicity, national origin, disability, or religion. Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available under any other Federal law or any law of a State or a political subdivision of a State, including the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq.), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.), and section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ). 10. Limitation No Federal funds provided under this Act may be used for sex education or sexual health services that— (1) withhold health-promoting or life-saving information about sexuality-related topics, including HIV; (2) are medically inaccurate or incomplete; (3) promote gender or racial stereotypes or are unresponsive to gender or racial inequities; (4) fail to address the needs of sexually active young people; (5) fail to address the needs of pregnant or parenting young people; (6) fail to address the needs of survivors of interpersonal violence; (7) fail to address the needs of young people of all physical, developmental, or mental abilities; (8) fail to be inclusive of individuals with varying gender identities, gender expressions, and sexual orientations; or (9) are inconsistent with the ethical imperatives of medicine and public health. 11. Amendments to other laws (a) Amendment to the Public Health Service Act Section 2500 of the Public Health Service Act ( 42 U.S.C. 300ee ) is amended by striking subsections (b) through (d) and inserting the following: (b) Contents of programs All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance use. . (b) Amendments to the Elementary and Secondary Education Act of 1965 Section 8526 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7906 ) is amended— (1) by striking paragraphs (3), (5), and (6); (2) in paragraph (2), by inserting or after the semicolon; (3) by redesignating paragraph (4) as paragraph (3); and (4) in paragraph (3), as redesignated by paragraph (3), by striking the semicolon and inserting a period. 12. Funding (a) Authorization For the purpose of carrying out this Act, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2027. Amounts appropriated under this subsection shall remain available until expended. (b) Reservations of funds (1) In general The Secretary— (A) shall reserve not more than 30 percent of the amount authorized under subsection (a) for the purposes of awarding grants for sex education at elementary and secondary schools and youth-serving organizations under section 4; (B) shall reserve not more than 10 percent of the amount authorized under subsection (a) for the purpose of awarding grants for sex education at institutions of higher education under section 5; (C) shall reserve not more than 15 percent of the amount authorized under subsection (a) for the purpose of awarding grants for educator training under section 6; (D) shall reserve not more than 30 percent of the amount authorized under subsection (a) for the purpose of awarding grants for sexual health services for marginalized youth under section 7; and (E) shall reserve not less than 5 percent of the amount authorized under subsection (a) for the purpose of carrying out the reporting and impact evaluation required under section 8. (2) Research, training and technical assistance The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants. In carrying out such functions, the Secretary shall collaborate with a variety of entities that have expertise in sex education and sexual health services standards setting, design, development, delivery, research, monitoring, and evaluation. (c) Reprogramming of abstinence only until marriage program funding The unobligated balance of funds made available to carry out section 510 of the Social Security Act ( 42 U.S.C. 710 ) (as in effect on the day before the date of enactment of this Act) are hereby transferred and shall be used by the Secretary to carry out this Act. The amounts transferred and made available to carry out this Act shall remain available until expended. (d) Repeal of abstinence only until marriage program Section 510 of the Social Security Act ( 42 U.S.C. 710 et seq.) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s1689is/xml/BILLS-117s1689is.xml |
117-s-1690 | II 117th CONGRESS 1st Session S. 1690 IN THE SENATE OF THE UNITED STATES May 18, 2021 Ms. Rosen introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL To provide direct appropriations for processing applications for the paycheck protection program, and for other purposes.
1. Short title This Act may be cited as the Keeping Our Promise to Small Businesses Act . 2. Appropriations for paycheck protection program (a) Appropriations There is appropriated, out of amounts in the Treasury not otherwise appropriated, to remain available until expended, for additional amounts— (1) such sums as may be necessary under the heading Small Business Administration—Business Loans Program Account, CARES Act for the cost of processing applications for loans under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) that were submitted on or before May 4, 2021; and (2) $5,000,000,000 under the heading Small Business Administration—Business Loans Program Account, CARES Act for the cost of guaranteed loans under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) provided to eligible entities that— (A) submit an application for such a loan on or before May 31, 2021; (B) have not more than 100 employees; and (C) are located in a State that, as of March 1, 2021, had an unemployment rate of not less than 6 percent. (b) Preference In guaranteeing loans using amounts appropriated under subsection (a)(2), the Administrator of the Small Business Administration shall give a preference to eligible entities that are women-, minority-, or veteran-owned. | https://www.govinfo.gov/content/pkg/BILLS-117s1690is/xml/BILLS-117s1690is.xml |
117-s-1691 | II 117th CONGRESS 1st Session S. 1691 IN THE SENATE OF THE UNITED STATES May 18, 2021 Mr. Rubio (for himself, Mr. Risch , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To require an annual report on the cybersecurity of the Small Business Administration, and for other purposes.
1. Short title This Act may be cited as the SBA Cyber Awareness Act . 2. Cybersecurity awareness reporting Section 10 of the Small Business Act ( 15 U.S.C. 639 ) is amended by striking subsection (b) and inserting the following: (b) Cybersecurity reports (1) Definition In this subsection, the term appropriate congressional committees means— (A) the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Small Business of the House of Representatives. (2) Annual report Not later than 180 days after the date of enactment of the SBA Cyber Awareness Act , and every year thereafter, the Administration shall submit a report to the appropriate congressional committees that includes— (A) an assessment of the information technology and cybersecurity of the Administration; (B) a strategy to increase the cybersecurity of the Administration; (C) a detailed account of any information technology component or system of the Administration that was manufactured by a company located in the People's Republic of China; and (D) an account of any cyber threat, breach, or cyber attack that occurred at the Administration during the 2-year period preceding the date on which the report is submitted, and any action taken by the Administration to respond to or remediate the cyber threat, breach, or cyber attack. (3) Additional reports If the Administration determines that there is a reasonable basis to conclude that a cyber threat, breach, or cyber attack occurred at the Administration, the Administration shall— (A) not later than 7 days after the date on which the Administration makes that determination, notify the appropriate congressional committees of the cyber threat, breach, or cyber attack; and (B) not later than 30 days after the date on which the Administration makes that determination, submit to the appropriate congressional committees a report that includes— (i) a summary of information about the cyber threat, breach, or cyber attack, including how the cyber threat, breach, or cyber attack occurred, based on information available to the Administration as of the date which the Administration submits the report; (ii) an estimate of the number of individuals and small entities affected by the cyber threat, breach, or cyber attack, including an assessment of the risk of harm to affected individuals and small entities based on information available to the Administration as of the date on which the Administration submits the report; and (iii) an estimate of when the Administration will provide notice to affected individuals and small entities. (4) Rule of construction Nothing in this subsection shall be construed to affect the reporting requirements of the Administration under chapter 35 of title 44 United States Code, in particular the requirement to notify the Federal information security incident center under section 3554(b)(7)(C)(ii) of such title, or any other provision of law. . | https://www.govinfo.gov/content/pkg/BILLS-117s1691is/xml/BILLS-117s1691is.xml |
117-s-1692 | II 117th CONGRESS 1st Session S. 1692 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mrs. Capito (for herself, Ms. Stabenow , Mr. Wicker , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide better care and outcomes for Americans living with Alzheimer's disease and related dementias and their caregivers, while accelerating progress toward prevention strategies, disease modifying treatments, and, ultimately, a cure.
1. Short title; table of contents; findings (a) Short title This Act may be cited as the Concentrating on High-Value Alzheimer’s Needs to Get to an End (CHANGE) 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. Cognitive impairment detection benefit in the Medicare annual wellness visit and initial preventive physical examination. Sec. 3. Medicare quality payment program. Sec. 4. Report to congress on implementation. (c) Findings Congress finds the following: (1) It is estimated that 6,200,000 Americans age 65 and older are living with Alzheimer’s disease in 2021. More than 1 in 9 people age 65 and older has Alzheimer’s. By 2050, the number of Americans age 65 and older with Alzheimer’s dementia is projected to reach 12,700,000. (2) Alzheimer’s disease disproportionately impacts women and people of color. (3) Almost two-thirds of Americans with Alzheimer’s disease are women. (4) According to the Centers for Disease Control and Prevention, among people ages 65 and older, African Americans have the highest prevalence of Alzheimer’s disease and related dementias (13.8 percent), followed by Hispanics (12.2 percent), and non-Hispanic Whites (10.3 percent), American Indian and Alaska Natives (9.1 percent), and Asian and Pacific Islanders (8.4 percent). This higher prevalence translates into a higher death rate—Alzheimer’s deaths increased 55 percent among all Americans between 1999 and 2014, while the number was 107 percent for Latinos and 99 percent for African Americans. (5) Currently available data shows that about half of individuals age 65 and older with mild cognitive impairment (MCI)—roughly 5,000,000 Americans—have MCI due to Alzheimer’s disease. Approximately 15 percent of individuals with MCI develop dementia after 2 years and 32 percent develop Alzheimer’s dementia within 5 years’ follow-up. (6) Addressing modifiable risk factors such as physical activity, smoking, education, staying socially and mentally active, blood pressure, and diet might prevent or delay up to 40 percent of dementia cases. (7) An early, documented diagnosis, communicated to the patient and caregiver, enables early access to care planning services and available medical and nonmedical treatments, and optimizes patients’ ability to build a care team, participate in support services, and enroll in clinical trials. (8) Alzheimer’s exacts an emotional and physical toll on caregivers, resulting in higher incidence of heart disease, cancer, depression, and other health consequences. (9) More than 11,000,000 Americans provide unpaid care for people with Alzheimer's or other dementia and provided nearly $257,000,000,000 in unpaid care to people living with Alzheimer’s and other dementias in 2020. (10) In 2021, it is estimated that Alzheimer’s and related dementias will have cost Medicare and Medicaid programs $239,000,000,000. By 2050, it is estimated that these direct costs will increase to as much as $1,100,000,000,000. 2. Cognitive impairment detection benefit in the Medicare annual wellness visit and initial preventive physical examination (a) Annual wellness visit (1) In general Section 1861(hhh)(2) of the Social Security Act ( 42 U.S.C. 1395x(hhh)(2) ) is amended— (A) by striking subparagraph (D) and inserting the following: (D) Detection of any cognitive impairment or progression of cognitive impairment that shall— (i) be performed using a cognitive impairment detection tool identified by the National Institute on Aging as meeting its criteria for selecting instruments to detect cognitive impairment in the primary care setting, and other validated cognitive detection tools as the Secretary determines; (ii) include documentation of the tool used for detecting cognitive impairment and results of the assessment in the medical record of the patient; and (iii) take into consideration the tool used, and results of, any previously performed cognitive impairment detection assessment. ; (B) by moving subparagraphs (G) and (H) two ems to the left; (C) by redesignating subparagraph (I) as subparagraph (J); and (D) by inserting after subparagraph (H) the following new subparagraph: (I) Referral of patients with detected cognitive impairment or potential cognitive decline to— (i) appropriate Alzheimer’s disease and dementia diagnostic services, including amyloid positron emission tomography, and other medically accepted diagnostic tests that the Secretary determines are safe and effective; (ii) specialists and other clinicians with expertise in diagnosing or treating Alzheimer’s disease and related dementias; (iii) available community-based services, including patient and caregiver counseling and social support services; and (iv) appropriate clinical trials. . (2) Effective date The amendments made by paragraph (1) shall apply to annual wellness visits furnished on or after January 1, 2022. (b) Initial preventive physical examination (1) In general Section 1861(ww)(1) of the Social Security Act ( 42 U.S.C. 1395x(ww)(1) ) is amended by inserting detection of any cognitive impairment or progression of cognitive impairment as described in subparagraph (D) of subsection (hhh)(2) and referrals as described in subparagraph (I) of such subsection, after upon the agreement with the individual, . (2) Effective date The amendments made by paragraph (1) shall apply to initial preventive physical examinations furnished on or after January 1, 2022. 3. Medicare quality payment program Not later than January 1, 2022, the Secretary of Health and Human Services shall implement Medicare policies under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.), including quality measures and Medicare Advantage plan rating and risk adjustment mechanisms, that reflect the public health imperative of— (1) promoting healthy brain lifestyle choices; (2) identifying and responding to patient risk factors for Alzheimer’s disease and related dementias; and (3) incentivizing providers for— (A) adequate and reliable cognitive impairment detection in the primary care setting, that is documented in the electronic health record of the patient and communicated to the patient; (B) timely Alzheimer’s disease diagnosis; and (C) appropriate care planning services, including identification of, and communication with patients and caregivers regarding, the potential for clinical trial participation. 4. Report to congress on implementation Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the implementation of the provisions of, and amendments made by, this Act, including— (1) the increased use of validated tools for detection of cognitive impairment and Alzheimer’s disease; (2) utilization of Alzheimer’s disease diagnostic and care planning services; and (3) outreach efforts in the primary care and patient communities. | https://www.govinfo.gov/content/pkg/BILLS-117s1692is/xml/BILLS-117s1692is.xml |
117-s-1693 | II 117th CONGRESS 1st Session S. 1693 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Bennet (for himself 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 authorize the use of the Strategic National Stockpile to enhance domestic medical supply chain elasticity and establish and maintain domestic reserves of critical medical supplies, and for other purposes.
1. Short title This Act may be cited as the Medical Supplies for Pandemics Act of 2021 . 2. Supply chain flexibility manufacturing pilot (a) In general Section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(3)) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (K) enhance domestic medical supply chain elasticity and establish and maintain domestic reserves of critical medical supplies (including personal protective equipment, ancillary medical supplies, testing supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, medical devices, and diagnostic tests) by— (i) creating incentives for the domestic manufacturing of medical supplies— (I) to increase emergency stock of critical medical supplies; and (II) to geographically diversify production of such supplies; (ii) purchasing, leasing, or entering into joint industrial-based expansion ventures with respect to, facilities and equipment for the production of medical supplies; and (iii) working with distributors of medical supplies to manage the domestic reserves established under this subparagraph by refreshing and replenishing stock of critical medical supplies. . (b) Reporting; sunset Section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) is amended by adding at the end the following: (6) Reporting Not later than September 30, 2022, the Secretary shall 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 the details of each purchase, lease, or joint industrial-based expansion venture entered into under paragraph (3)(K), including the amount expended by the Secretary on each such purchase, lease, or joint venture. (7) Sunset The authority to make purchases, leases, or joint ventures pursuant to paragraph (3)(K) shall cease to be effective on September 30, 2024. . (c) Funding Section 319F–2(f) of the Public Health Service Act (42 U.S.C. 247d–6b(f)) is amended by adding at the end the following: (3) Supply chain elasticity (A) In general For the purpose of carrying out subsection (a)(3)(K), there is authorized to be appropriated $500,000,000 for each of fiscal years 2021 through 2024, to remain available until expended. (B) Relation to other amounts The amount authorized to be appropriated by subparagraph (A) for the purpose of carrying out subsection (a)(3)(K) is in addition to any other amounts available for such purpose. . | https://www.govinfo.gov/content/pkg/BILLS-117s1693is/xml/BILLS-117s1693is.xml |
117-s-1694 | II 117th CONGRESS 1st Session S. 1694 IN THE SENATE OF THE UNITED STATES May 19, 2021 Ms. Klobuchar (for herself, Mr. Moran , Mr. Leahy , Mr. Murphy , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To lift the trade embargo on Cuba.
1. Short title This Act may be cited as the Freedom to Export to Cuba Act of 2021 . 2. Removal of provisions restricting trade and other relations with Cuba (a) Authority for Embargo (1) In general Section 620(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(a) ) is amended by striking (1) No assistance and all that follows through (2) Except and inserting Except . (2) Conforming amendment Section 1709 of the Cuban Democracy Act of 1992 ( 22 U.S.C. 6008 ) is amended by striking section 620(a)(2) and inserting section 620(a) . (b) Trading With the Enemy Act (1) In general The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act ( 50 U.S.C. 4305(b) ), which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the date of the enactment of this Act, may not be relied upon on or after such date of enactment to continue the imposition of direct restrictions on trade with Cuba. (2) Regulations Any regulation that imposes direct restrictions on trade with Cuba in effect on the day before the date of the enactment of this Act pursuant to the exercise of authorities described in paragraph (1) shall cease to be effective for that purpose on and after such date of enactment. (c) Exercise of authorities under other provisions of law (1) Removal of prohibitions Any prohibition on exports to Cuba that is in effect on the day before the date of the enactment of this Act under the Export Administration Act of 1979 or the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq.) shall cease to be effective on and after such date of enactment. (2) Authority for new restrictions The President may, on and after the date of the enactment of this Act— (A) impose export controls with respect to Cuba under section 1753 or 1754(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4812 and 4813(c)); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States, that did not exist before the date of the enactment of this Act. (d) Cuban Democracy Act (1) In general The Cuban Democracy Act of 1992 ( 22 U.S.C. 6001 et seq.) is amended— (A) by striking section 1704 ( 22 U.S.C. 6003 ); (B) in section 1705(e) ( 22 U.S.C. 6004(e) )— (i) by striking paragraph (5); and (ii) by redesignating paragraph (6) as paragraph (5); (C) by striking section 1706 ( 22 U.S.C. 6005 ); and (D) by striking section 1708 ( 22 U.S.C. 6007 ). (2) Conforming amendment Paragraph (3) of section 204(b) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6064(b) ) is amended to read as follows: (3) section 1705(d) of the Cuban Democracy Act of 1992 ( 22 U.S.C. 6004(d) ); . (e) Cuban Liberty and Democratic Solidarity Act (1) In general The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6021 et seq.) is amended— (A) by striking sections 101 through 108; (B) in section 109(a) ( 22 U.S.C. 6039(a) ), by striking (including section 102 of this Act) ; (C) by striking sections 110 through 116; and (D) by striking title II ( 22 U.S.C. 6061 et seq.). (2) Conforming amendment Section 606 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104–208 ; 8 U.S.C. 1255 note) is repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000 The Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq.) is amended— (1) in section 906(a)(1) ( 22 U.S.C. 7205(a)(1) ), by striking Cuba, ; (2) in section 908 ( 22 U.S.C. 7207 )— (A) by striking subsection (b); (B) in subsection (a)— (i) by striking Prohibition and all that follows through (1) In general.— Notwithstanding and inserting In general.— Notwithstanding ; (ii) by striking for exports to Cuba or ; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) and by moving such subsection, as so redesignated, 2 ems to the left; and (C) in subsection (b), as redesignated by subparagraph (B)(iv), by striking paragraph (1) and inserting subsection (a) ; and (3) by striking section 909 ( 22 U.S.C. 7208 ). | https://www.govinfo.gov/content/pkg/BILLS-117s1694is/xml/BILLS-117s1694is.xml |
117-s-1695 | II 117th CONGRESS 1st Session S. 1695 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mrs. Capito (for herself, Mr. Manchin , Mr. Cardin , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Public Works and Economic Development Act of 1965 to provide for a high-speed broadband deployment initiative.
1. Short title This Act may be cited as the Eliminating Barriers to Rural Internet Development Grant Eligibility Act or the E-BRIDGE Act . 2. High-speed broadband deployment initiative (a) In general Title II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq.) is amended by adding at the end the following: 219. High-speed broadband deployment initiative (a) Definitions In this section: (1) Broadband project The term broadband project means, for the purpose of providing, extending, expanding, or improving high-speed broadband service to further the goals of this Act— (A) planning, technical assistance, or training; (B) the acquisition or development of land; or (C) the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of facilities, including related machinery, equipment, contractual rights, and intangible property. (2) Eligible recipient (A) In general The term eligible recipient means an eligible recipient. (B) Inclusions The term eligible recipient includes— (i) a public-private partnership; and (ii) a consortium formed for the purpose of providing, extending, expanding, or improving high-speed broadband service between 1 or more eligible recipients and 1 or more for-profit organizations. (3) High-speed broadband The term high-speed broadband means the provision of 2-way data transmission with sufficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth, as determined by the Secretary. (b) Broadband projects (1) In general On the application of an eligible recipient, the Secretary may make grants under this title for broadband projects, which shall be subject to the provisions of this section. (2) Data requested In reviewing an application submitted under paragraph (1), the Secretary shall request from the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, the Secretary of Agriculture, and the Appalachian Regional Commission data on— (A) the level and extent of broadband service that exists in the area proposed to be served; and (B) the level and extent of broadband service that will be deployed in the area proposed to be served pursuant to another Federal program. (3) Interest in real or personal property For any broadband project carried out by an eligible recipient that is a public-private partnership or consortium, the Secretary shall require that title to any real or personal property acquired or improved with grant funds, or if the recipient will not acquire title, another possessory interest acceptable to the Secretary, be vested in a public partner or eligible nonprofit organization or association for the useful life of the project, after which title may be transferred to any member of the public-private partnership or consortium in accordance with regulations promulgated by the Secretary. (4) Procurement Notwithstanding any other provision of law, no person or entity shall be disqualified from competing to provide goods or services related to a broadband project on the basis that the person or entity participated in the development of the broadband project or in the drafting of specifications, requirements, statements of work, or similar documents related to the goods or services to be provided. (5) Broadband project property (A) In general The Secretary may permit a recipient of a grant for a broadband project to grant an option to acquire real or personal property (including contractual rights and intangible property) related to that project to a third party on such terms as the Secretary determines to be appropriate, subject to the condition that the option may only be exercised after the Secretary releases the Federal interest in the property. (B) Treatment The grant or exercise of an option described in subparagraph (A) shall not constitute a redistribution of grant funds under section 217. (c) Sources of assistance A grant provided under this section may be provided from amounts made available to carry out this title in combination with amounts made available under any other Federal program. (d) Non-Federal share In determining the amount of the non-Federal share of the cost of a broadband project, the Secretary may provide credit toward the non-Federal share for the present value of allowable contributions over the useful life of the broadband project, subject to the condition that the Secretary may require such assurances of the value of the rights and of the commitment of the rights as the Secretary determines to be appropriate. . (b) Clerical amendment The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 note; Public Law 89–136 ) is amended by inserting after the item relating to section 218 the following: Sec. 219. High-speed broadband deployment initiative. . | https://www.govinfo.gov/content/pkg/BILLS-117s1695is/xml/BILLS-117s1695is.xml |
117-s-1696 | II 117th CONGRESS 1st Session S. 1696 IN THE SENATE OF THE UNITED STATES May 19, 2021 Ms. Smith (for herself, Mr. Graham , Ms. Collins , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a competitive grant program to support out-of-school-time youth workforce readiness programs, providing employability skills development, career exploration, employment readiness training, mentoring, work-based learning, and workforce opportunities for eligible youth.
1. Short title This Act may be cited as the Youth Workforce Readiness Act of 2021 . 2. Purpose The purpose of this Act is to establish or expand activities to— (1) increase access and opportunities for youth to obtain the education and training that youth need to succeed in the labor market; (2) support engagement in and the integration of programs and activities offered during out-of-school-time hours through the workforce investment, education, and economic development systems; (3) improve the quality of the workforce and meet the skill requirements of employers; (4) engage employers in addressing the training, skill, and employment needs of youth and youth jobseekers, and fostering opportunities for connection and economic mobility; and (5) include younger youth in the education and workforce investment activities in an age and developmentally appropriate manner. 3. Definitions In this Act: (1) Community-based organization The term community-based organization means a youth-serving private nonprofit organization (which may include a faith-based organization) that— (A) is representative of a community or a significant segment of a community; (B) has demonstrated expertise and effectiveness in workforce development; and (C) has demonstrated expertise— (i) in the planning and delivery of education, training, and related activities that are included in a career pathway; (ii) in forging coordination and cooperation between educators and other members of the community; and (iii) in development and implementation of data systems that measure the progress of students and outcomes of career pathways. (2) Covered partnership The term covered partnership means a partnership between— (A) a community-based organization; and (B) an industry or sector partnership, a local educational agency, or another public entity or private employer, as appropriate. (3) Eligible youth The term eligible youth has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), except that the individual involved shall be— (A) not younger than age 6; and (B) not older than age 18 (or age 19 if enrolled in secondary school). (4) Industry or sector partnership The term industry or sector partnership means— (A) an industry or sector partnership, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (B) a collaborative that meets the requirements of paragraph (26) of that section 3 but also includes— (i) an Indian tribe or tribal organization (as such terms are defined in section 166(b) of that Act ( 29 U.S.C. 3221(b) )), as appropriate; or (ii) a community-based organization. (5) Out-of-school-time The term out-of-school-time , used with respect to a program, means a supervised program regularly attended by eligible youth, that fosters learning and development during out-of-school-time hours, which includes hours before school, after school, during summer vacation or another school holiday, or on a Saturday or Sunday. (6) Secretary The term Secretary means the Secretary of Labor. (7) WIOA definitions The terms career pathway , customized training , in-demand industry sector or occupation , local area , local board , local educational agency , and recognized postsecondary credential have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (8) Workforce readiness program The term workforce readiness program means an out-of-school-time program that— (A) meets the requirements of section 7; (B) is offered by a community-based organization of an eligible entity or a related covered partnership; and (C) is intended to help prepare eligible youth for the workforce. 4. Grant program establishment (a) Grants Using the amounts made available under section 9, the Secretary shall award grants, on a competitive basis, to eligible entities. (b) General use of funds The Secretary shall award the grants, on a competitive basis, to assist eligible entities in planning, developing, and implementing nationwide, comprehensive workforce readiness programs, that are— (1) in out-of-school-time programs; (2) carried out by community-based organizations of the eligible entity or related covered partnerships; and (3) for eligible youth. (c) Periods of grants The Secretary shall award the grants for periods of not less than 3 years and not more than 5 years. 5. Eligible entities To be eligible to receive a grant under section 4, an entity shall— (1) (A) be a national youth-serving organization with active chapters, affiliates, or subgrant recipients, that are community-based organizations (including such organizations that are facility-based organizations) in not fewer than 35 States; and (B) provide programming focused on youth workforce readiness in an out-of-school-time program; and (2) obtain approval of an application under section 6. 6. Application To be eligible to receive a grant under section 4, 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— (1) a description of how the entity will implement a youth workforce readiness program in a manner that ensures an equitable geographic distribution of program activities, including an equitable distribution between urban and rural communities; (2) a description of the proposed program activities to be funded and their locations; (3) a description of populations of eligible youth to be served, including populations living in or from underserved communities or communities with employment disparities; (4) a description of the effective strategies, best practices, or evidence-based practices the workforce readiness program will use; (5) an assurance that the program will take place in safe and easily accessible facilities; (6) a demonstration of how, in implementing the proposed program activities, the entity will coordinate activities with Federal, State, and local programs and make the most effective use of public resources; (7) a description of— (A) the community-based organizations or the covered partnerships through which the entity will implement the program; and (B) if a covered partnership will assist in implementing the program, the collaboration and coordination activities that the community-based organization in the partnership has carried out or will carry out with other entities in the partnership, related to that implementation; (8) if the program includes an opportunity to earn a recognized postsecondary credential, a description of the activities leading to the credential; and (9) an assurance that funds provided under this Act will be used to supplement and not supplant other Federal, State, or local funds expended to provide youth programs or workforce readiness programs. 7. Program activities (a) In general An eligible entity that receives a grant under section 4 shall use the grant funds— (1) if the entity seeks to implement the workforce readiness program through a covered partnership, to establish the partnership; and (2) to carry out the development and implementation of a youth workforce readiness program— (A) that includes services to help prepare eligible youth for the workforce, which services shall include— (i) leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors, as appropriate; (ii) workforce or workforce readiness opportunities; (iii) supportive services; (iv) adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months; (v) comprehensive guidance and counseling (which may include drug and alcohol abuse counseling and referral, and prevention services, as appropriate); (vi) financial literacy education; (vii) entrepreneurial skills training; (viii) services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services; (ix) activities to develop fundamental workforce readiness skills, or to develop employability skills (such as communication, creativity, collaboration, and critical thinking) that support social-emotional development through every developmental stage, in both formal and informal learning experiences; and (x) career exposure, through mentoring and targeted programming, offered by local industry or sector partnerships, to provide career assessments and education and career planning; (B) that includes services to help prepare eligible youth who are not younger than age 15 for the workforce, which services shall include— (i) support for the use of career pathways; (ii) paid and unpaid work experiences that have as a component academic and occupational education, which may include— (I) summer employment opportunities and other employment opportunities available throughout the school year; (II) pre-apprenticeship and registered apprenticeship programs; (III) internships and job shadowing; and (IV) on-the-job training opportunities; (iii) work-based learning (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) that provides opportunities for the application of employability skills, and hands-on work experiences through covered partnerships; (iv) occupational skill training, which shall include priority consideration for training programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved, if the local board determines that the programs meet the quality criteria described in section 123 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3153 ); (v) the provision of customized training; (vi) education offered concurrently with and in the same context as workforce readiness activities and training for a specific occupation or occupational cluster; and (vii) activities that help youth prepare for and transition to postsecondary education and training; and (C) that may include— (i) the provision of professional development (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) for training educators and other providers of educational services who participate in the workforce readiness program; and (ii) developing assets and resources that assist an employer or groups of employers or sectors in working with eligible youth. (b) Subgrants The eligible entity may use the grant funds, with the approval of the Secretary, to award subgrants to eligible organizations to carry out activities through a youth workforce readiness program. 8. Evaluation and reporting (a) Measures of effectiveness (1) In general An eligible entity that implements a youth workforce readiness program under this Act shall— (A) ensure that the program is— (i) based upon an assessment of objective data regarding the need for such a program in the communities served; and (ii) evaluated on an established set of performance measures aimed at ensuring the availability of high-quality opportunities by measuring eligible youth success; and (B) collect the data necessary for the measures of eligible youth success described in subparagraph (A)(ii). (2) Measures The performance measures (including indicators) that will be used to evaluate the youth workforce readiness programs— (A) shall be aligned with the regular academic program of the school of and the academic needs of participating eligible youth; and (B) shall include performance measures that— (i) are able to track the success (such as improvement over time) of eligible youth; and (ii) include assessment results and other indicators of eligible youth success, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade level; and (C) for high school students, may include indicators such as achievement of career competencies, or successful completion of internships, apprenticeships, or work-based learning opportunities, or high school graduation. (b) Periodic evaluation (1) In general The Secretary shall conduct a periodic evaluation of the eligible entity, to assess the progress of the entity's youth workforce readiness program toward ensuring high-quality opportunities by measuring eligible youth success. (2) Use of results The results of evaluations under paragraph (1) shall be— (A) used to refine, improve, and strengthen the program, and to refine the performance measures; and (B) used by the Secretary to determine whether a grant for a program is eligible to be renewed under section 4. (c) Reporting The Secretary shall submit a report containing the results of the evaluation to the appropriate committees of Congress, and make the report available to the public. 9. Authorization of appropriations There is authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2022 through 2026. 10. Reestablishment of youth councils (a) Establishment Section 107 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3122 ) is amended by adding at the end the following: (j) Youth council (1) Establishment There shall be established, as a subgroup within each local board, a youth council appointed by the local board, in cooperation with the chief elected official for the local area. (2) Membership The membership of each youth council— (A) shall include— (i) representatives with special interest or professional expertise in youth workforce development programs, activities related to youth workforce readiness, or youth workforce investment activities; (ii) local labor or joint labor-management organizations; and (iii) representatives of education-related organizations; and (B) may include— (i) members of the local board with special interest or expertise in youth workforce readiness or youth workforce development; (ii) representatives of local labor or joint labor-management organizations with special interest or expertise in youth workforce readiness or youth workforce development; (iii) representatives of the workforce, in the local area, with special interest or expertise in youth workforce readiness or youth workforce development; (iv) representatives of entities administering education and training activities, including career and technical education activities, in the local area, with special interest or expertise in youth workforce readiness or youth workforce development; (v) representatives of youth service agencies, including juvenile justice and local law enforcement agencies, and representatives of local public housing authorities; (vi) parents of eligible youth, and current or former youth program participants; (vii) representatives of vulnerable populations (including foster youth, minority youth, and youth with disabilities); (viii) community representatives, employers of eligible youth, and workplace learning advisors (as defined in section 3), with experience relating to youth workforce activities; (ix) for a local area in which a Job Corps center is located, representatives of that center; and (x) such other individuals as the chairperson of the local board, in cooperation with the chief elected official, determines to be appropriate. (3) Relationship to local board Members of the youth council who are not otherwise members of the local board shall be voting members of the youth council and nonvoting members of the board. (4) Duties The duties of the youth council shall include— (A) representing the interests of youth before the local board; (B) collaborating with the local board to ensure programs address youth workforce development and youth workforce readiness; and (C) advising the local board on the inclusion and incorporation of the local youth workforce in decisions as appropriate. . (b) State plans Section 102(b)(2)(C) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3112(b)(2)(C) ) is amended— (1) in clause (vii), by striking and at the end; (2) by redesignating clause (viii) as clause (ix); and (3) by inserting after clause (vii) the following: (viii) how the local boards in the State are incorporating the recommendations of the youth councils within the local boards; and . (c) Local plans Section 108(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3123(b) ) is amended— (1) in paragraph (21), by striking and at the end; (2) by redesignating paragraph (22) as paragraph (23); and (3) by inserting after paragraph (21) the following: (22) how the local board is incorporating the recommendations of the youth council within the local board; and . (d) Annual reports Section 116(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(d) ) is amended— (1) in paragraph (2)— (A) in subparagraph (K), by striking and at the end; (B) by redesignating subparagraph (L) as subparagraph (M); and (C) by inserting after subparagraph (K) the following: (L) information on the activities carried out in the State on the recommendation of youth councils in the State; and ; and (2) in paragraph (3)— (A) in subparagraph (A), by striking (L) and inserting (M) ; (B) in subparagraph (B), by striking and at the end; (C) by redesignating subparagraph (C) as subparagraph (D); and (D) by inserting after subparagraph (B) the following: (C) information on the activities carried out in the local area on the recommendation of the youth council within the local board; and . | https://www.govinfo.gov/content/pkg/BILLS-117s1696is/xml/BILLS-117s1696is.xml |
117-s-1697 | II 117th CONGRESS 1st Session S. 1697 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Luján (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To address maternity care shortages and promote optimal maternity outcomes by expanding educational opportunities for midwives, and for other purposes.
1. Short title This Act may be cited as the Midwives for Maximizing Optimal Maternity Services Act of 2021 or the Midwives for MOMS Act of 2021 . 2. Midwifery schools and programs (a) In general Title VII of the Public Health Service Act is amended by inserting after section 760 of such Act ( 42 U.S.C. 294k ) the following: 760A. Midwifery schools and programs (a) In general The Secretary may award grants to institutions of higher education (as defined in subsections (a) and (b) of section 101 of the Higher Education Act of 1965) for the following: (1) Direct support of students in an accredited midwifery school or program. (2) Establishment or expansion of an accredited midwifery school or program. (3) Securing, preparing, or providing support for increasing the number of, qualified preceptors for training the students of an accredited midwifery school or program. (b) Special considerations In awarding grants under subsection (a), the Secretary give special consideration to any institution of higher education that— (1) agrees to prioritize students who plan to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in midwifery education. (c) Restriction The Secretary shall not provide any assistance under this section to be used with respect to a midwifery school or program within a school of nursing (as defined in section 801). (d) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2022 through 2026. (2) Allocation Of the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3). . (b) Definitions (1) Midwifery school or program Section 799B(1)(A) of the Public Health Service Act ( 42 U.S.C. 295p(1)(A) ) is amended— (A) by inserting midwifery school or program , before and school of chiropractic ; (B) by inserting a degree or certificate in midwifery or an equivalent degree or certificate, before and a degree of doctor of chiropractic or an equivalent degree ; and (C) by striking any such school and inserting any such school or program . (2) Accredited Section 799B(1)(E) of the Public Health Service Act ( 42 U.S.C. 295p(1)(E) ) is amended by inserting or a midwifery school or program, before or a graduate program in health administration . 3. Nurse-midwives Title VIII of the Public Health Service Act is amended by inserting after section 811 of that Act ( 42 U.S.C. 296j ) the following: 812. Midwifery expansion program (a) In general The Secretary may award grants to schools of nursing for the following: (1) Direct support of students in an accredited nurse-midwifery school or program. (2) Establishment or expansion of an accredited nurse-midwifery school or program. (3) Securing, preparing, or providing support for increasing the numbers of, preceptors at clinical training sites to precept students training to become certified nurse-midwives. (b) Special considerations In awarding grants under subsection (a), the Secretary give special consideration to any school of nursing that— (1) agrees to prioritize students who choose to pursue an advanced education degree in nurse-midwifery to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in nurse-midwifery education. (c) Authorization of appropriations (1) In general To carry out this section, there is authorized to be appropriated $20,000,000 for the period of fiscal years 2022 through 2026. (2) Allocation Of the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3). . | https://www.govinfo.gov/content/pkg/BILLS-117s1697is/xml/BILLS-117s1697is.xml |
117-s-1698 | II 117th CONGRESS 1st Session S. 1698 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Wyden (for himself, Mr. Paul , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To allow for hemp-derived cannabidiol and hemp-derived cannabidiol containing substances in dietary supplements and food.
1. Short title This Act may be cited as the Hemp Access and Consumer Safety Act . 2. Regulation of hemp-derived cannabidiol and hemp-derived cannabidiol containing substances (a) Inclusion in definition of dietary supplement Section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff)(3)(B) ) is amended in each of clauses (i) and (ii) by inserting (other than hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp) after an article . (b) Definition Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (ss) The term hemp has the meaning given such term in section 297A(1) of the Agricultural Marketing Act of 1946. . (c) Prohibited act Section 301(ll) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(ll) ) is amended, in the matter preceding subparagraph (1), by inserting (other than hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp) after made public . (d) Labeling Consistent with the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq.), the Secretary of Health and Human Services may— (1) establish labeling and packaging requirements for dietary supplements and food that contain hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp; and (2) take additional enforcement actions with respect to products labeled as dietary supplements but not meeting the definition of such term in section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff)(3)(B) ), as amended by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1698is/xml/BILLS-117s1698is.xml |
117-s-1699 | II 117th CONGRESS 1st Session S. 1699 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Crapo introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prevent fraud in COVID unemployment programs, recover fraudulently paid benefits, provide relief for taxpayers and victims of unemployment fraud, and for other purposes.
1. Short title This Act may be cited as the Combatting COVID Unemployment Fraud Act of 2021 . 2. Preventing fraud in pandemic unemployment assistance (a) Verification of eligibility for pandemic unemployment assistance prior to authorizing benefits (1) In general Section 2102 of the CARES Act ( 15 U.S.C. 9021 ) is amended— (A) in subsection (a)(3)(A)— (i) in clause (ii)— (I) in the matter preceding subclause (I), by striking provides self-certification and inserting provides, not later than 30 days after the date of application, such documentation as the State may require, demonstrating ; (II) in subclause (I), in the matter preceding item (aa), by inserting in the employment or service described in clause (iv) after unavailable to work ; and (III) in subclause (II), by striking and at the end; (ii) by amending clause (iii) to read as follows: (iii) (I) provides, not later than 30 days after the date of application and prior to the authorization of pandemic unemployment assistance, such documentation as the State agency may require (in accordance with section 625.6(e) of title 20, Code of Federal Regulations, or any successor thereto, except with respect to the deadline for submission) to substantiate prior employment or self-employment or the planned commencement of employment and earnings, as applicable, except that the deadline for submission may be extended if the individual has shown good cause under applicable State law that justifies a delay in submitting such documentation; and (II) provides documentation to the satisfaction of the State agency, or the entity verifying identify on behalf of the State agency, verifying the individual’s identity prior to authorizing benefits; and ; and (iii) by adding at the end the following: (iv) provides self-certification that the principal source of income and livelihood of the individual are dependent upon the individual’s employment for wages or the individual’s performance of service in self-employment; and . (B) in subsection (f)(1), by inserting prior to authorizing benefits after validation ; and (C) in subsection (f)(2)(B), by striking the period at the end and inserting at the end the following: : Provided , That such expenses shall be claimed by States on a reimbursable basis and shall not be subject to restrictions imposed by the Department of Labor’s resource justification model. . (2) Effective date The amendments made by paragraph (1) shall apply to individuals who apply for pandemic unemployment assistance on or after the date that is 30 days after the date of enactment of this Act (b) Limitation on backdating claims for pandemic unemployment assistance In the case of a covered individual whose first application for pandemic unemployment assistance under section 2102 of the CARES Act is filed after the date of enactment of this Act, subsection (c)(1)(A)(i) of such section 2102 of the CARES Act shall be applied by substituting April 1, 2021 for January 27, 2020 . (c) Application deadline for pandemic unemployment assistance Subsection (c) of section 2102 of the CARES Act ( 15 U.S.C. 9021 ) is amended by adding at the end the following: (7) Application deadline Notwithstanding any other provision of this subsection, no application for pandemic unemployment assistance may be filed after the date that is 14 days after the date specified in paragraph (1)(A)(ii) unless the individual has shown good cause under the applicable State law for failing to file before such date. . (d) Issuance of Guidance Section 2102 of the CARES Act ( 15 U.S.C. 9021 ) is amended by adding at the end the following: (i) Department of Labor guidance on verification of eligibility for pandemic unemployment assistance prior to authorizing benefits Not later than 60 days after the enactment of this subsection, the Secretary of Labor, in consultation with the Director of the National Institute of Standards and Technology, shall issue guidance to State workforce agencies outlining the latest industry practices with regard to cybersecurity, digital identity proofing services, standards for privacy, and procedures for verifying and validating the identity of individuals, pursuant to subsection (f)(1), and the availability of third-party income verification technology to prevent fraud in the pandemic unemployment assistance program. . 3. Limitation on payments of Federal pandemic unemployment compensation Subsection (b) of 2104 of the CARES Act ( 15 U.S.C. 9023 ) is amended by adding at the end the following: (5) Limitation Notwithstanding any other provision of this subsection, no Federal pandemic unemployment compensation may be paid retroactively for a week of unemployment to claimants who apply for regular compensation for such week more than 14 days after the dates specified in clauses (i) and (ii) of subsection (b)(3)(A) with respect to such week. . 4. Preventing unemployment compensation fraud and improper payments through data matching (a) Unemployment compensation data integrity hub (1) In general Section 303(a) of the Social Security Act ( 42 U.S.C. 503(a) ) is amended by adding at the end the following: (13) The State agency charged with administration of the State law shall use the system designated by the Secretary of Labor for cross-matching claimants of unemployment compensation under State law against any databases in the system to prevent and detect fraud and improper payments. . (b) Use of unemployment claims data To prevent and detect fraud Section 303 of the Social Security Act ( 42 U.S.C. 503 ) is amended by adding at the end the following: (n) Use of unemployment claims data To prevent and detect fraud The Inspector General of the Department of Labor shall, for the purpose of conducting audits, investigations, and other oversight activities authorized under the Inspector General Act of 1978 (5 U.S.C. App.) relating to unemployment compensation programs, have direct access to each of the following systems: (1) The system designated by the Secretary of Labor for the electronic transmission of requests for information relating to interstate claims for unemployment compensation. (2) The system designated by the Secretary of Labor for cross-matching claimants of unemployment compensation under State law against databases to prevent and detect fraud and improper payments (as described in subsection (a)(13)). . (c) Use of fraud prevention and detection systems in administration of unemployment compensation programs (1) In general Section 303 of the Social Security Act ( 42 U.S.C. 503 ), as amended by subsection (b), is further amended by adding at the end the following: (o) State use of fraud prevention and detection systems (1) In general The State agency charged with administration of the State law shall establish procedures to do the following: (A) National Directory of New Hires Use the National Directory of New Hires established under section 453(i)— (i) to compare information in such Directory against information about individuals claiming unemployment compensation to identify any such individuals who may have become employed, in accordance with any regulations that the Secretary of Health and Human Services may issue and consistent with the computer matching provisions of the Privacy Act of 1974; (ii) to take timely action to verify whether the individuals identified pursuant to clause (i) are employed; and (iii) upon verification pursuant to clause (ii), to take appropriate action to suspend or modify unemployment compensation payments, and to initiate recovery of any improper unemployment compensation payments that have been made. (B) State Information Data Exchange System Use the Department of Labor’s State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. (C) Incarcerated individuals Seek information from the Commissioner of Social Security under sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii), and from such other sources as the State agency determines appropriate, to obtain the information necessary to carry out the provisions of a State law under which an individual who is confined in a jail, prison, or other penal institution or correctional facility is ineligible for unemployment compensation on account of such individuals inability to satisfy the requirement under subsection (a)(12). (D) Deceased individuals Compare information of individuals claiming unemployment compensation against the information regarding deceased individuals furnished to or maintained by the Commissioner of Social Security under section 205(r). (2) Enforcement Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that the State agency fails to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to such State. (3) Unemployment compensation For the purposes of this subsection, any reference to unemployment compensation described in this paragraph shall be considered to refer to— (A) regular or extended compensation (as defined by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970); (B) regular compensation (as defined by section 85(b) of the Internal Revenue Code of 1986) provided under any program administered by a State under an agreement with the Secretary; (C) pandemic unemployment assistance under section 2102 of the Relief for Workers Affected by Coronavirus Act ( 15 U.S.C. 9021 ); (D) pandemic emergency unemployment compensation under section 2107 of the Relief for Workers Affected by Coronavirus Act ( 15 U.S.C. 2025 ); and (E) short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986). . (d) Effective date The amendments made by subsections (a) and (c) shall take effect with respect to each State to weeks of unemployment beginning on or after the earlier of— (1) the date the State changes its statutes, regulations, or policies in order to comply with such amendment; or (2) October 1, 2022. 5. Recovering fraudulent COVID unemployment compensation benefit payments (a) State unemployment fraud recoupment plans (1) In general Section 2118(b)(3) of the CARES Act ( 15 U.S.C. 9034(b)(3) ) is amended to read as follows: (3) to make grants to States or territories administering unemployment compensation programs described in subsection (a) (including territories administering the Pandemic Unemployment Assistance program under section 2102) for such purposes, including for— (A) building State capacity to prevent and reduce unemployment fraud through— (i) the procurement of technology capabilities and building of infrastructure to verify and validate identity and earnings of unemployment compensation claimants; (ii) the establishment of procedures to implement Federal guidance regarding prevention of overpayments and fraud detection and prevention; and (iii) improving the efficiency and integrity of claims administration or processing of claims backlogs due to the pandemic; and (B) the development and implementation of State unemployment fraud recoupment plans, which shall include— (i) an assessment of the amount and extent of fraudulently paid unemployment benefits in 2020 and 2021, as applicable; (ii) an explanation of the causes of fraudulent payments, including any weaknesses in the State’s internal control procedures; (iii) a description of State efforts to recover fraudulent unemployment payments; (iv) a description of State actions taken to reduce and prevent fraudulent payments; and (v) the identification of additional resources or authority needed to facilitate recovery of fraudulently paid benefits; and (C) targeted funding to support State efforts to claw back fraudulent payments, which may be done by an independent third party contracted by the State, through State prosecution of criminal unemployment fraud schemes in coordination with Federal law enforcement officials, as applicable. . (2) Reservation of funds Section 2118(a) of the CARES Act ( 15 U.S.C. 9034(a) ) is amended by adding at the end the following: Of the amount made available under this subsection, not less than $200,000,000 shall be used for grants to States or territories as described in subsection (b)(3) . (3) Effective date Not later than 60 days after the date of enactment of this Act, each State with an agreement under section 2102 of the CARES Act shall, as a condition of such agreement, submit to the Secretary of Labor and make publicly available a State unemployment fraud recoupment plan as described in section 2118(b)(3)(B) of such Act. (b) Establishment of the COVID Unemployment Fraud Taskforce Section 2118 of the CARES Act ( 15 U.S.C. 9034 ) is amended by adding at the end the following: (d) Establishment of the COVID Unemployment Fraud Taskforce (1) In general Not later than 30 days after the date of enactment of this paragraph, the Secretary of Labor, the Attorney General, and the Secretary of Homeland Security shall establish a joint taskforce, to be known as the COVID Unemployment Fraud Taskforce , to combat fraud in unemployment compensation programs. The taskforce shall— (A) coordinate and support State and Federal unemployment insurance fraud detection; (B) identify fraud prevention tools and make them available to States at no cost or substantially reduced cost; (C) take the lead with respect to violations of Federal law on prosecution of individuals suspected of unemployment fraud; (D) facilitate information sharing regarding unemployment fraud, particularly with regard to international and multi-State organized crime rings; (E) coordinate with State workforce agencies to develop State unemployment fraud recoupment plans as described in subsection (b)(3)(B); and (F) coordinate with the Internal Revenue Service to assist taxpayers who were victims of unemployment fraud. (2) State dashboard Not later than 60 days after the date of enactment of this paragraph, the COVID Unemployment Fraud Taskforce shall make available on a public website, and shall update on a regular basis, a dashboard that shows the status of each State’s efforts to prevent fraud and recover fraudulently paid funds, including the amount of overpayments, prosecutions of unemployment fraud, and information provided by each State pursuant to (b)(3)(B). (3) Reservation of funds Of the amount made available under subsection (a), not less than $20,000,000 shall be used for the administration and operations of the COVID Unemployment Fraud Taskforce established under paragraph (1), including for hiring of personnel to identify and combat fraud schemes targeting State unemployment compensation systems. . (c) Allowing states To retain percentage of overpayments for administration and program integrity The Department of Labor shall issue guidance to States that allows State workforce agencies to retain 5 percent of any amounts recovered in fraudulent or improperly paid State or Federal unemployment benefits made in 2020 or 2021 for use in administration of the State’s unemployment compensation program, including for hiring fraud investigators and for other program integrity purposes. Recovered amounts retained by a State and used for the purposes described in this subsection shall not be considered to violate the withdrawal requirements of section 303(a)(5) of the Social Security Act or section 3304(a)(4) of the Internal Revenue Code of 1986. 6. Protections for taxpayers and victims of unemployment fraud (a) Assistance for victims of unemployment fraud Section 2118 of the CARES Act ( 15 U.S.C. 9034 ), as amended by section 5(b), is further amended by adding at the end the following: (e) Assistance for victims of unemployment fraud (1) In general The Department of Labor shall establish an agreement with the Federal Trade Commission and other identity theft victim resource centers, as applicable, to assist victims of identity theft and unemployment fraud, including assistance with individual case mitigation and victim assistance. (2) Reservation of funds Of the amount made available under subsection (a), not less than $2,000,000 shall be used for the purposes described under paragraph (1). . (b) Relief for taxpayers that were victims of identity theft To commit unemployment fraud The Commissioner of the Internal Revenue Service, in collaboration with the Secretary of Labor, shall implement a process to hold harmless taxpayers who are flagged for unreported income related to Form 1099-G, Certain Government Payments, in taxable years 2020 and 2021, if such taxpayer claims they are victims of identity theft, or that fraudulent unemployment benefits were claimed in their name, such that no penalties or interest shall accrue against the taxpayer, while the matter is being investigated and resolved. (c) Reporting unemployment compensation overpayments (1) In general The Secretary of Labor, through the Office of Unemployment Insurance in the Employment and Training Administration, shall collect data from each State on the amounts of overpayments waived in unemployment compensation programs, including a breakdown of overpayments waived and excluded by each State from Form 1099–G, Certain Government Payment during taxable years 2020 and 2021, due to suspected or confirmed fraud. (2) Report to Congress Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that describes the aggregate amount of overpayments nationally, including the subset of overpayments made specifically due to fraud, and detailed by program as applicable, including a separate accounting for the pandemic unemployment assistance program. (3) Expedited collection The Secretary of Labor may waive the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the “Paperwork Reduction Act”) with respect to the provisions in the amendments made by this Act. (4) Applicability For purposes of this section, the term unemployment compensation shall be considered to refer to— (A) regular compensation and extended compensation (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970); (B) unemployment compensation (as defined by section 85(b) of the Internal Revenue Code of 1986) provided under any program administered by a State under an agreement with the Secretary; (C) pandemic unemployment assistance under section 2102 of the CARES Act; (D) pandemic emergency unemployment compensation under section 2107 of the CARES Act; and (E) short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986). 7. Reinstating federal work search requirement (a) In general Section 4102(b) of the Families First Coronavirus Relief Act ( 26 U.S.C. 3304 note) is amended by striking work search, after with respect to . (b) Effective date The amendment made under subsection (a) shall take effect on the date that is 30 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1699is/xml/BILLS-117s1699is.xml |
117-s-1700 | II 117th CONGRESS 1st Session S. 1700 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To encourage greater community accountability of law enforcement agencies, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Law Enforcement Trust and Integrity Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Law Enforcement Accreditation Sec. 101. Accreditation of law enforcement agencies. Title II—Law Enforcement Development Programs Sec. 201. Law enforcement grants. Title III—Administrative Due Process Procedures Sec. 301. Attorney General to conduct study. Title IV—Enhanced Funding To Combat Police Misconduct and Reform Police Departments Sec. 401. Authorization of appropriations. Title V—National Task Force on Law Enforcement Oversight Sec. 501. National task force on law enforcement oversight. Title VI—Federal Data Collection on Law Enforcement Practices Sec. 601. Federal data collection on law enforcement practices. Title VII—Medallions for Fallen Law Enforcement Officers Sec. 701. Medallions for fallen law enforcement officers. 2. Definitions In this Act: (1) Community-based organization The term community-based organization means a grassroots organization that monitors the issue of police misconduct and that has a national presence and membership, such as the National Association for the Advancement of Colored People (NAACP), the American Civil Liberties Union (ACLU), the UnidosUS, the National Urban League, the National Congress of American Indians, or the National Asian Pacific American Legal Consortium (NAPALC). (2) Law enforcement accreditation organization The term law enforcement accreditation organization means a professional law enforcement organization involved in the development of standards of accreditation for law enforcement agencies at the national, State, regional, or tribal level, such as the Commission on Accreditation for Law Enforcement Agencies (CALEA). (3) Law enforcement agency The term law enforcement agency means a State, local, Indian tribal, or campus public agency engaged in the prevention, detection, or investigation, prosecution, or adjudication of violations of criminal laws. (4) Professional law enforcement association The term professional law enforcement association means a law enforcement membership association that works for the needs of Federal, State, local, or Indian tribal law enforcement agencies and with the civilian community on matters of common interest, such as the Hispanic American Police Command Officers Association (HAPCOA), the National Asian Peace Officers Association (NAPOA), the National Black Police Association (NBPA), the National Latino Peace Officers Association (NLPOA), the National Organization of Black Law Enforcement Executives (NOBLE), the National Native American Law Enforcement Association (NNALEA), the International Association of Chiefs of Police (IACP), the National Sheriffs’ Association (NSA), the Fraternal Order of Police (FOP), and the National Association of School Resource Officers. (5) Professional civilian oversight organization The term professional civilian oversight organization means a membership organization formed to address and advance the cause of civilian oversight of law enforcement and whose members are from Federal, State, regional, local, or tribal organizations that review issues or complaints against law enforcement agencies or individuals, such as the National Association for Civilian Oversight of Law Enforcement (NACOLE). I Law Enforcement Accreditation 101. Accreditation of law enforcement agencies (a) Standards (1) Initial analysis The Attorney General shall perform an initial analysis of existing accreditation standards and methodology developed by law enforcement accreditation organizations nationwide, including national, State, regional, and tribal accreditation organizations. Such an analysis shall include a review of the recommendations of the Final Report of the President's Taskforce on 21st Century Policing, issued in May 2015. (2) Development of uniform standards After completion of the initial review and analysis under paragraph (1), the Attorney General shall— (A) recommend, in consultation with law enforcement accreditation organizations, the adoption of additional standards that will result in greater community accountability of law enforcement agencies and an increased focus on policing with a guardian mentality, including standards relating to— (i) early warning systems and related intervention programs; (ii) use of force procedures; (iii) civilian review procedures; (iv) traffic and pedestrian stop and search procedures; (v) data collection and transparency; (vi) administrative due process requirements; (vii) video monitoring technology; (viii) juvenile justice and school safety; and (ix) training; and (B) recommend additional areas for the development of national standards for the accreditation of law enforcement agencies in consultation with existing law enforcement accreditation organizations, professional law enforcement associations, labor organizations, community-based organizations, and professional civilian oversight organizations. (3) Continuing accreditation process The Attorney General shall adopt policies and procedures to partner with law enforcement accreditation organizations, professional law enforcement associations, labor organizations, community-based organizations, and professional civilian oversight organizations to continue the development of further accreditation standards consistent with paragraph (2) and to encourage the pursuit of accreditation of Federal, State, local, and tribal law enforcement agencies by certified law enforcement accreditation organizations. (b) Accreditation grants The Attorney General may make funds available to State, local, tribal law enforcement agencies, and campus public safety departments under this section to assist in gaining or maintaining accreditation from certified law enforcement accreditation organizations. II Law Enforcement Development Programs 201. Law enforcement grants (a) Grant authorization The Attorney General may make grants to States, units of local government, Indian tribal governments, or other public and private entities, or to any multijurisdictional or regional consortia of such entities, to study and implement effective management, training, recruiting, hiring, and oversight standards and programs to promote effective community and problem solving strategies for law enforcement agencies. (b) Project grants To study law enforcement agency management Grants made under subsection (a) shall be used for the study of management and operations standards for law enforcement agencies, including standards relating to administrative due process, residency requirements, compensation and benefits, use of force, racial profiling, early warning systems, juvenile justice, school safety, civilian review boards or analogous procedures, or research into the effectiveness of existing programs, projects, or other activities designed to address misconduct by law enforcement officers. (c) Project grants To develop pilot programs (1) In general Grants made under subsection (a) shall also be used to develop pilot programs and implement effective standards and programs in the areas of training, hiring and recruitment, and oversight that are designed to improve management and address misconduct by law enforcement officers. (2) Components of pilot program A pilot program developed under paragraph (1) shall include the following: (A) Training Law enforcement policies, practices, and procedures addressing training and instruction to comply with accreditation standards in the areas of— (i) the use of lethal, nonlethal force, and de-escalation; (ii) investigation of misconduct and practices and procedures for referral to prosecuting authorities use of deadly force or racial profiling; (iii) disproportionate minority contact by law enforcement; (iv) tactical and defensive strategy; (v) arrests, searches, and restraint; (vi) professional verbal communications with civilians; (vii) interactions with youth, the mentally ill, limited English proficiency, and multi-cultural communities; (viii) proper traffic, pedestrian, and other enforcement stops; and (ix) community relations and bias awareness. (B) Recruitment, hiring, retention, and promotion of diverse law enforcement officers Policies, procedures, and practices for— (i) the hiring and recruitment of diverse law enforcement officers representative of the communities they serve; (ii) the development of selection, promotion, educational, background, and psychological standards that comport with title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.); and (iii) initiatives to encourage residency in the jurisdiction served by the law enforcement agency and continuing education. (C) Oversight Complaint procedures, including the establishment of civilian review boards or analogous procedures for jurisdictions across a range of sizes and agency configurations, complaint procedures by community-based organizations, early warning systems and related intervention programs, video monitoring technology, data collection and transparency, and administrative due process requirements inherent to complaint procedures for members of the public and law enforcement. (D) Juvenile justice and school safety The development of uniform standards on juvenile justice and school safety, including standards relating to interaction and communication with juveniles, physical contact, use of lethal and nonlethal force, notification of a parent or guardian, interviews and questioning, custodial interrogation, audio and video recording, conditions of custody, alternatives to arrest, referral to child protection agencies, and removal from school grounds or campus. (E) Victim services Counseling services, including psychological counseling, for individuals and communities impacted by law enforcement misconduct. (d) Amounts Of the amounts appropriated to carry out this title— (1) 4 percent shall be available for grants to Indian tribal governments; (2) 20 percent shall be available for grants to community-based organizations; (3) 10 percent shall be available for grants to professional law enforcement associations; and (4) the remaining funds shall be available for grants to applicants in each State in an amount that bears the same ratio to the amount of remaining funds as the population of the State bears to the population of all of the States. (e) Technical assistance (1) In general The Attorney General may provide technical assistance to States, units of local government, Indian tribal governments, and to other public and private entities, in furtherance of the purposes of this section. (2) Models for reduction of law enforcement misconduct The technical assistance provided by the Attorney General may include the development of models for State, local, and Indian tribal governments, and other public and private entities, to reduce law enforcement officer misconduct. Any development of such models shall be in consultation with community-based organizations. (f) Use of components The Attorney General may use any component or components of the Department of Justice in carrying out this title. (g) Matching funds (1) In general Except in the case of an Indian tribal government or nonprofit community-based organization, the portion of the costs of a program, project, or activity provided by a grant under subsection (a) may not exceed 75 percent. (2) Waivers The Attorney General may waive, wholly or in part, the requirement under paragraph (1) of a non-Federal contribution to the costs of a program, project, or activity. (h) Applications (1) Application An application for a grant under this title shall be submitted in such form, and contain such information, as the Attorney General may prescribe by guidelines. (2) Priority For law enforcement agency applications, priority shall be given to applicants seeking or having been awarded accreditation from national law enforcement accreditation organizations. (3) Approval A grant may not be made under this title unless an application has been submitted to, and approved by, the Attorney General. (i) Performance evaluation (1) Monitoring components (A) In general Each program, project, or activity funded under this title shall contain a monitoring component, which shall be developed pursuant to guidelines established by the Attorney General. (B) Requirement Each monitoring component required under subparagraph (A) shall include systematic identification and collection of data about activities, accomplishments, and programs throughout the life of the program, project, or activity and presentation of such data in a usable form. (2) Evaluation components (A) In general Selected grant recipients shall be evaluated on the local level or as part of a national evaluation, pursuant to guidelines established by the Attorney General. (B) Requirements An evaluation conducted under subparagraph (A) may include independent audits of police behavior and other assessments of individual program implementations. In selected jurisdictions that are able to support outcome evaluations, the effectiveness of funded programs, projects, and activities may be required. (3) Periodic review and reports The Attorney General may require a grant recipient to submit biannually to the Attorney General the results of the monitoring and evaluations required under paragraphs (1) and (2) and such other data and information as the Attorney General determines to be necessary. (j) Revocation or suspension of funding If the Attorney General determines, as a result of monitoring under subsection (i) or otherwise, that a grant recipient under this title is not in substantial compliance with the terms and requirements of the approved grant application submitted under subsection (h), the Attorney General may revoke or suspend funding of that grant, in whole or in part. (k) Definitions In this section— (1) the term civilian review board means an administrative entity that— (A) is independent and adequately funded; (B) has investigatory authority and staff subpoena power; (C) has representative community diversity; (D) has policy making authority; (E) provides advocates for civilian complainants; (F) has mandatory police power to conduct hearings; and (G) conducts statistical studies on prevailing complaint trends; and (2) the term private entity means a private security organization engaged in the prevention, detection, or investigation of violations of criminal laws or organizational policy, such as privately operated campus public safety units or department store security. III Administrative Due Process Procedures 301. Attorney General to conduct study (a) Study (1) In general The Attorney General shall conduct a nationwide study of the prevalence and effect of any law, rule, or procedure that allows a law enforcement officer to delay the response to questions posed by a local internal affairs officer, or review board on the investigative integrity and prosecution of law enforcement misconduct, including pre-interview warnings and termination policies. (2) Initial analysis The Attorney General shall perform an initial analysis of existing State statutes to determine whether, at a threshold level, the effect of this type of rule or procedure raises material investigatory issues that could impair or hinder a prompt and thorough investigation of possible misconduct, including criminal conduct, that would justify a wider inquiry. (3) Data collection After completion of the initial analysis under paragraph (2), and considering material investigatory issues, the Attorney General shall gather additional data nationwide on similar rules from a representative and statistically significant sample of jurisdictions, to determine whether such rules and procedures raise such material investigatory issues. (b) Reporting (1) Initial analysis Not later than 120 days after the date of the enactment of this Act, the Attorney General shall— (A) submit to Congress a report containing the results of the initial analysis conducted under subsection (a)(2); (B) make the report submitted under subparagraph (A) available to the public; and (C) identify the jurisdictions for which the study described in subsection (a)(1) is to be conducted. (2) Data collected Not later than 2 years after the date of the enactment of this Act, the Attorney General shall submit to Congress a report containing the results of the data collected under this section and publish the report in the Federal Register. IV Enhanced Funding To Combat Police Misconduct and Reform Police Departments 401. Authorization of appropriations There are authorized to be appropriated for fiscal year 2021, in addition to any other sums authorized to be appropriated for this purpose— (1) $25,000,000 for additional expenses relating to the enforcement of section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ), criminal enforcement under sections 241 and 242 of title 18, United States Code, and administrative enforcement by the Department of Justice, including compliance with consent decrees or judgments entered into under such section 210401; and (2) $3,300,000 for additional expenses related to conflict resolution by the Department of Justice’s Community Relations Service. V National Task Force on Law Enforcement Oversight 501. National task force on law enforcement oversight (a) Establishment There is established within the Department of Justice a task force to be known as the Task Force on Law Enforcement Oversight (hereinafter in this title referred to as the Task Force ). (b) Composition The Task Force shall be composed of individuals appointed by the Attorney General, who shall appoint not less than 1 individual from each of the following: (1) The Special Litigation Section of the Civil Rights Division. (2) The Criminal Section of the Civil Rights Division. (3) The Federal Coordination and Compliance Section of the Civil Rights Division. (4) The Employment Litigation Section of the Civil Rights Division. (5) The Disability Rights Section of the Civil Rights Division. (6) The Office of Justice Programs. (7) The Office of Community Oriented Policing Services (COPS). (8) The Corruption/Civil Rights Section of the Federal Bureau of Investigation. (9) The Community Relations Service. (10) The Office of Tribal Justice. (11) The unit within the Department of Justice assigned as a liaison for civilian review boards. (c) Powers and duties The Task Force shall consult with professional law enforcement associations, labor organizations, and community-based organizations to coordinate the process of the detection and referral of complaints regarding incidents of alleged law enforcement misconduct. (d) Authorization of appropriations There are authorized to be appropriated $5,000,000 for each fiscal year to carry out this section. VI Federal Data Collection on Law Enforcement Practices 601. Federal data collection on law enforcement practices (a) Agencies To report Each Federal, State, and local law enforcement agency shall report data of the practices of that agency to the Attorney General. (b) Breakdown of information by race, ethnicity, and gender For each practice enumerated in subsection (c), the reporting law enforcement agency shall provide a breakdown of the numbers of incidents of that practice by race, ethnicity, age, and gender of the officers and employees of the agency and of members of the public involved in the practice. (c) Practices To be reported on The practices to be reported on are the following: (1) Traffic violation stops. (2) Pedestrian stops. (3) Frisk and body searches. (4) Instances where officers or employees of the law enforcement agency used deadly force, including— (A) a description of when and where deadly force was used, and whether it resulted in death; (B) a description of deadly force directed against an officer or employee and whether it resulted in injury or death; and (C) the law enforcement agency’s justification for use of deadly force, if the agency determines it was justified. (d) Retention of data Each law enforcement agency required to report data under this section shall maintain records relating to any matter so reportable for not less than 4 years after those records are created. (e) Penalty for States failing To report as required (1) In general For any fiscal year, a State shall not receive any amount that would otherwise be allocated to that State under section 505(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10156(a) ), or any amount from any other law enforcement assistance program of the Department of Justice, unless the State has ensured, to the satisfaction of the Attorney General, that the State and each local law enforcement agency of the State is in substantial compliance with the requirements of this section. (2) Reallocation Amounts not allocated by reason of this subsection shall be reallocated to States not disqualified by failure to comply with this section. (f) Regulations The Attorney General shall prescribe regulations to carry out this section. VII Medallions for Fallen Law Enforcement Officers 701. Medallions for fallen law enforcement officers (a) In general The Attorney General, in consultation with the National Law Enforcement Officers Memorial Fund, shall create and provide a distinctive medallion to be issued to the survivors of law enforcement officers— (1) killed in the line of duty; and (2) memorialized on the wall of the National Law Enforcement Officers Memorial. (b) Distribution of medallions The Attorney General shall make arrangements with the National Law Enforcement Officers Memorial Fund to distribute the medallions to appropriate survivors of each law enforcement officer memorialized on the wall of the National Law Enforcement Officers Memorial. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary. | https://www.govinfo.gov/content/pkg/BILLS-117s1700is/xml/BILLS-117s1700is.xml |
117-s-1701 | II 117th CONGRESS 1st Session S. 1701 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Schatz (for himself, Ms. Smith , Ms. Cortez Masto , Mr. Brown , Mr. Blumenthal , Mr. Merkley , Mr. Carper , Mr. Casey , Mr. Bennet , Mr. King , Mr. Wyden , Ms. Stabenow , Ms. Duckworth , Ms. Baldwin , Ms. Warren , Mr. Reed , Ms. Klobuchar , Mr. Peters , Mr. Van Hollen , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 13, United States Code, to require the Secretary of Commerce to provide advance notice to Congress before changing any questions on the decennial census, and for other purposes.
1. Short title; findings (a) Short title This Act may be cited as the Census Improving Data and Enhanced Accuracy Act or the Census IDEA Act . (b) Findings Congress finds the following: (1) The decennial census was embedded in article I of the Constitution of the United States by the founders of the United States. (2) The decennial census measures the progress of the country and helps chart our future. (3) The decennial census, for the decade to follow, shapes the reapportionment of the House of Representatives and the drawing of hundreds of congressional political districts and thousands of State and local political districts. (4) More than $1,500,000,000,000 in Federal assistance to States and local communities every year is informed by the results of the decennial census. (5) The decennial census is the largest peacetime mobilization undertaken by the Federal Government. (6) Congress must ensure that every decennial census is a complete, accurate, and fair decennial enumeration of all individuals in the United States. (7) Any late, untested changes to the operational design of the decennial census will jeopardize public cooperation with the census and, therefore, the success and accuracy of the census. 2. Limitations and requirements for the decennial census Section 141 of title 13, United States Code, is amended— (1) in subsection (f)— (A) in paragraph (1), by adding and at the end; (B) in paragraph (2), by striking ; and and inserting a period; and (C) by striking paragraph (3); (2) by redesignating subsection (g) as subsection (h); (3) by inserting after subsection (f) the following: (g) Limitations and requirements (1) Notice to Congress of operational design, subjects, types of information, and questions In the 2030 decennial census of population and each decennial census thereafter, the Secretary may not— (A) with respect to the census, implement any major operational design element that has not been researched, studied, and tested for a period of not less than 3 years before the decennial census date; or (B) include on the questionnaire for the census any subject, type of information, or question that was not submitted to Congress in accordance with subsection (f). (2) Biannual reports (A) Submission to Congress (i) In general Not later than 90 days after the date of enactment of this subsection and biannually thereafter, the Secretary shall submit to each committee of Congress having legislative jurisdiction over the census, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that includes a detailed statement on the status, at the time of submission, of all research, testing, and operations that are or will be part of the Bureau's comprehensive plan for the next decennial census. (ii) Operational plan components Not later than 5 years before the decennial census date, the Secretary shall include in a report under clause (i) a description of each component of the operational plan for that decennial census. (B) Internet publication On the date on which the Secretary submits a report under subparagraph (A), the Secretary shall publish the report on the public Internet website of the Bureau. (3) GAO analysis Before the decennial census date, the Comptroller General of the United States shall determine and report to Congress on whether the subjects, types of information, and questions to be included in that decennial census have been adequately researched, studied, and tested to the same degree as in previous decennial censuses. (4) Applicability Nothing in this subsection shall be construed to affect— (A) the mid-decade census conducted under subsection (d); or (B) the survey conducted by the Secretary that is commonly referred to as the American Community Survey . ; and (4) in subsection (h), as so redesignated, by inserting Definition .— before As used in . | https://www.govinfo.gov/content/pkg/BILLS-117s1701is/xml/BILLS-117s1701is.xml |
117-s-1702 | II 117th CONGRESS 1st Session S. 1702 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Markey (for himself, Mr. Whitehouse , Mr. Schatz , Ms. Klobuchar , 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 direct the Secretary of Health and Human Services to develop and implement a national strategic action plan and program to assist health professionals and systems in preparing for and responding to the public health effects of climate change, and for other purposes.
1. Short title This Act may be cited as the Climate Change Health Protection and Promotion Act of 2021 . 2. Sense of Congress on public health and climate change (a) Findings The U.S. Global Change Research Program Climate and Health Assessment states that— (1) the impacts of human-induced climate change are increasing nationwide; (2) rising greenhouse gas concentrations result in increases in temperature, changes in precipitation, increases in the frequency and intensity of some extreme weather events, and rising sea levels; (3) these climate change impacts endanger our health by affecting our food and water sources, the air we breathe, the weather we experience, and our interactions with the built and natural environments; and (4) as the climate continues to change, the risks to human health continue to grow. (b) Sense of Congress It is the sense of Congress that— (1) climate change poses threats to the United States and globally through its impacts on society, the economy, the physical environment, and national security; (2) climate change health threats are growing in scale and severity; (3) climate change disproportionately affects people of the United States who are economically disadvantaged, belong to communities of color, or have other social and health vulnerabilities; (4) climate change impacts anywhere in the world can threaten the health of people of the United States through such pathways as infectious disease pandemics, climate-driven migration and displacement, and social, economic, and political disruption; and (5) the Federal Government, in cooperation with international, State, Tribal, and local governments, nongovernmental organizations, businesses, and individuals, should use all practicable means and measures— (A) to assist the efforts of public health and health care professionals, first responders, health care systems, States, the District of Columbia, territories, municipalities, and Native American and local communities to incorporate measures to prepare public health and health care systems to respond to the impacts of climate change; (B) to ensure— (i) that the Nation’s public health and health care professionals have sufficient information to prepare for and respond to the adverse health impacts of climate change; (ii) the application of scientific research in advancing understanding of— (I) the health impacts of climate change; and (II) strategies to prepare for and respond to the health impacts of climate change; (iii) the identification of communities and populations vulnerable to the health impacts of climate change, including infants, children, pregnant women, the elderly, individuals with disabilities or pre-existing illnesses, low-income populations, communities of color, those who experience environmental injustices, and unhoused individuals; (iv) the development of strategic response plans to be carried out by public health and health care professionals for the communities described in clause (iii); (v) the improvement of health status and health equity through efforts to prepare for and respond to climate change; and (vi) the inclusion of health impacts in the development of climate change responses; (C) to encourage further research, interdisciplinary partnership, and collaboration among stakeholders in order to— (i) understand and monitor the health impacts of climate change, including mental health impacts; (ii) improve public health knowledge and response strategies to climate change; (iii) identify actions and policies that are beneficial to health and that mitigate climate health impacts; and (iv) develop strategies to address water-, food-, and vector-borne infectious diseases and other public health emergencies; (D) to enhance preparedness activities, and health care and public health infrastructure, relating to climate change and health; (E) to encourage each and every community to learn about the impacts of climate change on health; and (F) to assist the efforts of developing countries to incorporate measures to prepare public health and health care systems to respond to the impacts of climate change. 3. Relationship to other laws Nothing in this Act limits the authority provided to or responsibility conferred on any Federal department or agency by any provision of any law (including regulations) or authorizes any violation of any provision of any law (including regulations), including any health, energy, environmental, transportation, or any other law or regulation. 4. National strategic action plan and program (a) Requirement (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary ), on the basis of the best available science, and in consultation pursuant to paragraph (2), shall publish a national strategic action plan and establish a climate and health program to ensure that public health and health care systems are prepared for and can respond to the impacts of climate change on health in the United States and other countries. (2) Consultation In developing or making any revision to the national strategic action plan and program, the Secretary shall— (A) consult with the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, the Director of the National Institutes of Health, the Undersecretary of Commerce for Oceans & Atmosphere, the Administrator of the National Aeronautics and Space Administration, the Director of the Indian Health Service, the Secretary of Defense, the Secretary of State, the Secretary of Veterans Affairs, the National Environmental Justice Advisory Council, the heads of other appropriate Federal agencies, Tribal governments, and State and local government officials; and (B) provide meaningful opportunity for engagement, comment, and consultation with relevant public stakeholders, particularly representatives of at-risk populations, environmental justice communities, Tribal communities, public health organizations, and scientists. (b) Activities (1) National strategic action plan (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in collaboration with other Federal agencies as appropriate, shall, on the basis of the best available science, and in consultation with the entities described in subsection (a)(2)(A), publish a national strategic action plan under subsection (a)(1) to guide the climate and health program and assist public health and health care professionals in preparing for and responding to the impacts of climate change on public health in the United States and other countries, particularly developing countries. (B) National strategic action plan components The national strategic plan under subsection (a)(1) shall include an assessment of the health system capacity of the United States to address climate change, including— (i) identifying and prioritizing communities and populations vulnerable to the health impacts of climate change; (ii) identifying the link between environmental injustice and vulnerability to the impacts of climate change and prioritizing those who have been harmed by environmental and climate injustice; (iii) providing outreach and communication aimed at public health and health care professionals and the public to promote preparedness and response strategies; (iv) providing for programs across Federal agencies to advance research related to the impacts of climate change on health; (v) identifying and assessing existing preparedness and response strategies for the health impacts of climate change; (vi) prioritizing critical public health and health care infrastructure projects; (vii) providing modeling and forecasting tools of climate change health impacts, including local impacts, where feasible; (viii) establishing academic and regional centers of excellence; (ix) providing technical assistance and support for preparedness and response plans for the health threats of climate change in States, municipalities, territories, Indian Tribes, and developing countries; and (x) developing, improving, integrating, and maintaining domestic and international disease surveillance systems and monitoring capacity to respond to health-related impacts of climate change, including on topics addressing— (I) water-, food-, and vector-borne infectious diseases and climate change; (II) pulmonary effects, including responses to aeroallergens and toxic exposures; (III) cardiovascular effects, including impacts of temperature extremes; (IV) air pollution health effects, including heightened sensitivity to air pollution; (V) harmful algal blooms; (VI) mental and behavioral health impacts of climate change; (VII) the health of migrants, refugees, displaced persons, and vulnerable communities; (VIII) the implications for communities and populations vulnerable to the health effects of climate change, as well as strategies for responding to climate change within such communities; (IX) Tribal, local, and community-based health interventions for climate-related health impacts; (X) extreme heat and weather events, including drought; (XI) decreased nutritional value of crops; and (XII) disruptions in access to routine and acute medical care. (2) Climate and health program The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in collaboration with other Federal agencies, as appropriate, shall ensure that the climate and health program established under this section addresses priority health actions, including by doing each of the following: (A) Serve as a credible source of information on the physical, mental, and behavioral health consequences of climate change for the United States population and globally. (B) Track data on environmental conditions, disease risks, and disease occurrence related to climate change. (C) Expand capacity for modeling and forecasting health effects that may be climate-related. (D) Enhance the science base to better understand the relationship between climate change and health outcomes. (E) Identify locations and population groups at greatest risk for specific health threats and effects, such as increased heat-related illnesses and injuries, degraded air and water quality, food or water-related infections, vector-borne illnesses, pulmonary and cardiovascular effects, mental and behavioral health effects, and food, water, and nutrient insecurity. (F) Communicate the health-related aspects of climate change, including risks and associated costs and ways to reduce them, to the public, decision-makers, public health professionals, and health care providers. (G) Develop partnerships with other government agencies, the private sector, nongovernmental organizations, universities, and international organizations to more effectively address domestic and global health aspects of climate change. (H) Provide leadership to State and local governments, community leaders, health care professionals, nongovernmental organizations, environmental justice networks, faith-based communities, the private sector and the public, domestically and internationally, regarding health protection from climate change effects. (I) Develop and implement preparedness and response plans for health threats, such as heat waves, severe weather events, and infectious diseases. (J) Provide technical advice and support to State and local health departments, the private sector, and others in developing and implementing national and global preparedness measures related to the health effects of climate change. (K) Promote workforce development by helping to ensure the training of a new generation of competent, experienced public health and health care professionals to respond to the health threats posed by climate change. (c) Periodic assessment and revision Not later than 1 year after the date of first publication of the national strategic action plan under subsection (a)(1), and annually thereafter, the Secretary shall periodically assess, and revise as necessary, the national strategic action plan under subsection (a)(1) and the climate and health program under subsection (a)(1), to reflect new information collected pursuant to the implementation of the national strategic action plan and program and otherwise, including information on— (1) the status of and trends in critical environmental health indicators and related human health impacts; (2) the trends in and impacts of climate change on public health; (3) advances in the development of strategies for preparing for and responding to the impacts of climate change on public health; and (4) the effectiveness of the implementation of the national strategic action plan in protecting against climate change health threats. (d) Implementation (1) Implementation through HHS The Secretary shall exercise the Secretary’s authority under this Act and other Federal statutes to achieve the goals and measures of the national strategic action plan and climate and health program. (2) Other public health programs and initiatives The Secretary and Federal officials of other relevant Federal agencies shall administer public health programs and initiatives authorized by laws other than this Act, subject to the requirements of such laws, in a manner designed to achieve the goals of the national strategic action plan and climate and health program. (3) Health impact assessment The heads of all Federal agencies shall, on a regular basis, assess the impacts that proposed and current laws, policies, and programs in their jurisdiction have or may have on protection against climate change health threats and shall assist State, Tribal, local, and territorial governments to conduct such assessments. 5. Advisory board (a) Establishment The Secretary shall, pursuant to the Federal Advisory Committee Act (5 U.S.C. App.), establish a permanent science advisory board to be comprised of not less than 10 and not more than 20 members. (b) Appointment of members The Secretary shall appoint the members of the science advisory board from among individuals who— (1) are recommended by the President of the National Academy of Sciences and the President of the National Academy of Medicine; and (2) have expertise in essential public health and health care services, including with respect to vulnerable populations, climate change, environmental and climate justice, and other relevant disciplines. The Secretary shall ensure that the science advisory board includes members with practical or lived experience with relevant issues. (c) Functions The science advisory board shall— (1) provide scientific and technical advice and recommendations to the Secretary on the domestic and international impacts of climate change on public health, populations, and regions particularly vulnerable to the effects of climate change, and strategies and mechanisms to prepare for and respond to the impacts of climate change on public health; (2) advise the Secretary regarding the best science available for purposes of issuing the national strategic action plan and conducting the climate and health program; and (3) submit a report to Congress on its activities and recommendations not later than 1 year after the date of enactment of this Act and not later than every year thereafter. (d) Support The Secretary shall provide financial and administrative support to the board. 6. Climate change health protection and promotion reports (a) In general The Secretary shall offer to enter into an agreement, including the provision of such funding as may be necessary, with the National Academies of Sciences, Engineering, and Medicine, under which such National Academies will prepare periodic reports to aid public health and health care professionals in preparing for and responding to the adverse health effects of climate change that— (1) review scientific developments on health impacts of climate change; and (2) recommend changes to the national strategic action plan and climate and health program. (b) Submission The agreement under subsection (a) shall require a report to be submitted to Congress and the Secretary and made publicly available not later than 1 year after the first publication of the national strategic action plan, and every 4 years thereafter. | https://www.govinfo.gov/content/pkg/BILLS-117s1702is/xml/BILLS-117s1702is.xml |
117-s-1703 | II 117th CONGRESS 1st Session S. 1703 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Grassley (for himself, Ms. Hassan , and Mr. Lankford ) 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 increase retirement savings, to improve retirement plan administration, and for other purposes.
1. Short title This Act may be cited as the Improving Access to Retirement Savings Act . 2. Multiple employer 403 (b) plans (a) In general Section 403(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (15) Multiple employer plans (A) In general Except in the case of a church plan, this subsection shall not be treated as failing to apply to an annuity contract solely by reason of such contract being purchased under a plan maintained by more than 1 employer. (B) Treatment of employers failing to meet requirements of plan (i) In general In the case of a plan maintained by more than 1 employer, this subsection shall not be treated as failing to apply to an annuity contract held under such plan merely because of 1 or more employers failing to meet the requirements of this subsection, if such plan satisfies rules similar to the rules of section 413(e)(2) with respect to any such employer failure. (ii) Additional requirements in case of non-governmental plans A plan shall not be treated as meeting the requirements of this subsection unless the plan meets the requirements of subparagraph (A) or (B) of section 413(e)(1), except in the case of a multiple employer plan maintained solely by a State, a political subdivision of a State, or an agency or instrumentality thereof. . (b) Annual registration for 403 (b) multiple employer plan Section 6057 of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: (g) 403 (b) multiple employer plans treated as 1 plan In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section. . (c) Annual information returns for 403 (b) multiple employer plan Section 6058 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: (f) 403 (b) multiple employer plans treated as 1 plan In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section. . (d) Amendments to Employee Retirement Income Security Act of 1974 (1) Treated as pooled employer plan (A) In general Section 3(43)(A) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(43)(A) ) is amended— (i) in clause (ii), by striking section 501(a) of such Code or and inserting 501(a) of such Code, a plan that consists of contracts described in section 403(b) of such Code, or ; and (ii) in the flush text at the end, by striking the plan. and inserting the plan, but such term shall include any program (other than a governmental plan) maintained for the benefit of the employees of more than 1 employer that consists of contracts described in section 403(b) of such Code and that meets the requirements of subparagraph (A) or (B) of section 413(e)(1) of such Code. . (B) Conforming amendments Paragraphs (43)(B)(v)(II) and (44)(A)(i)(I) of section 3 of such Act ( 29 U.S.C. 1002 ) are each amended by striking section 401(a) of such Code or and inserting 401(a) of such Code, a plan that consists of contracts described in section 403(b) of such Code, or . (2) Fiduciaries Section 3(43)(B)(ii) of such Act ( 29 U.S.C. 1002(43)(B)(ii) ) is amended— (A) by striking trustees meeting the requirements of section 408(a)(2) of the Internal Revenue Code of 1986 and inserting trustees (or other fiduciaries in the case of a plan that consists of contracts described in section 403(b) of the Internal Revenue Code of 1986) meeting the requirements of section 408(a)(2) of such Code ; and (B) by striking holding and inserting holding (or causing to be held under the terms of a plan consisting of such contracts) . (e) Regulations (1) Plan termination The Secretary of the Treasury (or the Secretary’s designee) shall prescribe such regulations as may be necessary to clarify the treatment of a plan termination by an employer in the case of plans to which section 403(b)(15) of the Internal Revenue Code of 1986 applies. (2) Educational outreach to employers exempt from tax The Secretary of the Treasury (or the Secretary's designee), in consultation with the Secretary of Labor, shall provide education and outreach to increase awareness among employers which are exempt from tax under section 501(a) of such Code that— (A) multiple employer plans are subject to the Employee Retirement Income Security Act of 1974, and (B) each employer is a plan sponsor with respect to its employees participating in the multiple employer plan and, as such, has certain fiduciary duties with respect to the plan and to its employees. (f) Modification of model plan language (1) Plan notifications The Secretary of the Treasury (or the Secretary’s designee) shall modify the model plan language published under section 413(e)(5) of the Internal Revenue Code of 1986 to include language which notifies participating employers which are exempt from tax under section 501(a) of such Code that the plan is subject to the Employee Retirement Income Security Act of 1974 and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and, as such, has certain fiduciary duties with respect to the plan and to its employees. (2) Model plans for multiple employer 403(b) non-governmental plans For plans to which section 403(b)(15)(A) of the Internal Revenue Code of 1986 applies (other than a plan maintained for its employees by a State, a political subdivision of a State, or an agency or instrumentality thereof) the Secretary shall publish model plan language similar to model plan language published under section 413(e)(5) of such Code. (g) No inference with respect to church plans Regarding any application of section 403(b) of the Internal Revenue Code of 1986 to an annuity contract purchased under a church plan (as defined in section 414(e) of such Code) maintained by more than 1 employer, or to any application of rules similar to section 413(e) of such Code to such a plan, no inference shall be drawn solely because section 403(b)(15)(A) of such Code (as added by this Act) does not apply to such plans. (h) Effective date (1) In general The amendments made by this section shall apply to plan years beginning after December 31, 2022. (2) Rule of construction Nothing in the amendments made by subsection (a) shall be construed as limiting the authority of the Secretary of the Treasury or the Secretary’s delegate (determined without regard to such amendment) to provide for the proper treatment of a failure to meet any requirement applicable under the Internal Revenue Code of 1986 with respect to one employer (and its employees) in the case of a plan to which section 403(b)(15) applies. 3. Safe harbor for corrections of employee elective deferral failures (a) In general Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (aa) Correcting automatic contribution errors (1) In general Any plan or arrangement shall not fail to be treated as a plan described in section 401(a), 403(b), 408, or 457(b), as applicable, solely by reason of a corrected error. (2) Corrected error For purposes of this subsection, the term corrected error means a reasonable administrative error in implementing an automatic enrollment or automatic escalation feature in accordance with the terms of an eligible automatic contribution arrangement (as defined under subsection (w)(3)), provided that such implementation error— (A) is corrected by the date which is 9½ months after the end of the plan year during which the failure occurred, (B) is corrected in a manner which is favorable to the participant, and (C) is of a type which is so corrected for all similarly situated participants in a nondiscriminatory manner. Such correction may occur before or after the participant has terminated employment and may occur without regard to whether the error is identified by the Secretary. (3) Regulations and guidance for favorable correction methods The Secretary shall, by regulations or other guidance of general applicability, specify the correction methods which are in a manner favorable to the participant for purposes of paragraph (2)(B). . (b) Effective date The amendment made by this section shall apply to the correction of any error with respect to which the date described in section 414(aa)(2)(A) of the Internal Revenue Code of 1986 (as added by this section) is after the date of enactment of this Act. 4. Application of credit for small employer pension plan startup costs to employers which join an existing plan (a) In general Section 45E(d)(3)(A) of the Internal Revenue Code of 1986 is amended by striking effective and inserting effective with respect to the eligible employer . (b) Effective date The amendment made by this section shall apply to eligible employer plans which become effective with respect to the eligible employer after the date of the enactment of this Act. 5. Amendments to increase benefit accruals under plan for previous plan year allowed until employer tax return due date (a) In general Section 401(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Retroactive plan amendments that increase benefit accruals If— (A) an employer amends a stock bonus, pension, profit-sharing, or annuity plan to increase benefits accrued under the plan effective for the preceding plan year (other than increasing the amount of matching contributions (as defined in subsection (m)(4)(A))), (B) such amendment would not otherwise cause the plan to fail to meet any of the requirements of this subchapter, and (C) such amendment is adopted before the time prescribed by law for filing the return of the employer for a taxable year (including extensions thereof) during which such amendment is effective, the employer may elect to treat such amendment as having been adopted as of the last day of the plan year in which the amendment is effective. . (b) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s1703is/xml/BILLS-117s1703is.xml |
117-s-1704 | II 117th CONGRESS 1st Session S. 1704 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Daines (for himself and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to permanently extend the exemption for telehealth services from certain high deductible health plan rules.
1. Short title This Act may be cited as the Telehealth Expansion Act of 2021 . 2. Exemption for telehealth services (a) In general Subparagraph (E) of section 223(c)(2) of the Internal Revenue Code of 1986 is amended by striking In the case of plan years beginning on or before December 31, 2021, a plan and inserting A plan . (b) Certain coverage disregarded Clause (ii) of section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking (in the case of plan years beginning on or before December 31, 2021) . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1704is/xml/BILLS-117s1704is.xml |
117-s-1705 | II 117th CONGRESS 1st Session S. 1705 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Heinrich (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To establish a coordinated Federal initiative to accelerate the research, development, procurement, fielding, and sustainment of artificial intelligence for the economic and national security interests of the United States, and for other purposes.
1. Short title This Act may be cited as the Artificial Intelligence Capabilities and Transparency Act of 2021 or the AICT Act of 2021 . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) By enacting section 1051 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), Congress established the National Security Commission on Artificial Intelligence (NSCAI) to consider the methods and means necessary to advance the development of artificial intelligence, machine learning, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States . (2) The National Security Commission on Artificial Intelligence was comprised of technology and policy experts with combined expertise in their field. (3) The National Security Commission on Artificial Intelligence released its final report to Congress in March of 2021. (4) This Act is primarily based on the consensus recommendations of the National Security Commission on Artificial Intelligence. (5) The National Science Foundation (NSF) established the National Artificial Intelligence (AI) Research Institutes program in 2020 to invest in long-term research into artificial intelligence. (b) Sense of Congress It is the sense of Congress that— (1) artificial intelligence, machine learning, and associated technologies will play a critical role in the economic and national security interests of the United States and its allies; (2) two additional themes for Artificial Intelligence Research Institutes should be established in the areas of artificial intelligence safety and artificial intelligence ethics; and (3) the Director of the National Science Foundation should stand up the thematic programs described in paragraph (2) as soon as practicable. 3. Definitions In this Act: (1) Artificial intelligence The term artificial intelligence includes the following: (A) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (B) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. (C) An artificial system designed to think or act like a human, including cognitive architectures and neural networks. (D) A set of techniques, including machine learning, that is designed to approximate a cognitive task. (E) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decisionmaking and acting. (2) Artificial intelligence ethics The term artificial intelligence ethics includes the quantitative analysis of artificial intelligence systems to address matters relating to the effects of such systems on individuals and society, such as matters of fairness or the potential for discrimination. (3) Artificial intelligence safety The term artificial intelligence safety includes technical efforts to improve artificial intelligence systems in order to reduce adverse and unintentional effects of such systems. (4) Congressional defense committees The term congressional defense committees has the meaning given such term in section 101(a) of title 10, United States Code. (5) Intelligence community The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (6) United States person The term United States person does not include a member of the Armed Forces or an employee of the Department of Defense. 4. Digital talent recruiting officers (a) Digital talent recruiting for the Department of Defense (1) Designation of chief digital recruiting officer Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall designate a chief digital recruiting officer within the office of the Under Secretary of Defense for Personnel and Readiness to oversee a digital recruiting office to carry out the responsibilities set forth in paragraph (2). (2) Responsibilities The chief digital recruiting officer designated under paragraph (1) shall, in coordination with the Director for the Joint Artificial Intelligence Center (JAIC), be responsible for— (A) identifying needs of the Department of Defense for specific types of digital talent; (B) recruiting technologists, in partnership with the military services and Department components, including by attending conferences and career fairs, and actively recruiting on university campuses and from the private sector; (C) integrating Federal scholarship for service programs into Department civilian recruiting; and (D) partnering with human resource teams in the military services and Department components to use direct-hire authorities to accelerate hiring. (3) Staff and resources The Secretary of Defense shall ensure that the chief digital recruiting officer designated under paragraph (1) is provided with staff and resources sufficient to maintain an office and to carry out the responsibilities set forth in paragraph (2). (b) Digital talent recruiting for the intelligence community (1) Designation of chief digital recruiting officer Not later than 270 days after the date of the enactment of this Act, the Director of National Intelligence shall designate a chief digital recruiting officer to oversee a digital recruiting office to carry out the responsibilities set forth in paragraph (2). (2) Responsibilities The chief digital recruiting officer designated under paragraph (1) shall be responsible for— (A) identifying needs of the intelligence community for specific types of digital talent; (B) recruiting technologists, in partnership with components of the intelligence community, by attending conferences and career fairs, and actively recruiting on college campuses; (C) integrating Federal scholarship for service programs into intelligence community recruiting; (D) offering recruitment and referral bonuses; and (E) partnering with human resource teams in the components of the intelligence community to use direct-hire authorities to accelerate hiring. (3) Staff and resources The Director of National Intelligence shall ensure that the chief digital recruiting officer designated under paragraph (1) is provided with staff and resources sufficient to maintain an office and to carry out the responsibilities set forth in paragraph (2). (c) Digital talent recruiting for the Department of Energy (1) Chief digital recruiting officer Not later than 270 days after the date of the enactment of this Act, the Secretary of Energy shall designate a chief digital recruiting officer to oversee a digital recruiting office to carry out the responsibilities set forth in paragraph (2). (2) Responsibilities The chief digital recruiting officer designated under paragraph (1) shall be responsible for— (A) identifying Department of Energy needs for specific types of digital talent; (B) recruiting technologists, in partnership with Department programs, by attending conferences and career fairs, and actively recruiting on college campuses; (C) integrating Federal scholarship for service programs into civilian recruiting; (D) offering recruitment and referral bonuses; and (E) partnering with human resource teams in Department programs to use direct-hire authorities to accelerate hiring. (3) Staff and resources The Secretary of Energy shall ensure that the chief digital recruiting officer designated under paragraph (1) is provided with staff and resources sufficient to maintain an office and to carry out the responsibilities set forth in paragraph (2). 5. Department of Defense pilot program on establishing an Artificial Intelligence Development and Prototyping Fund (a) Establishment of pilot program and Artificial Intelligence Development and Prototyping Fund (1) Pilot program The Secretary of Defense shall establish and carry out a pilot program to assess the feasibility and advisability of establishing a fund for the purpose set forth in subsection (b). (2) Artificial Intelligence Development and Prototyping Fund Under the pilot program, the Secretary shall establish a fund to be known as the Artificial Intelligence Development and Prototyping Fund (in this section referred to as the Fund ). (b) Purpose The purpose of the pilot program and the Fund is to support operational prototyping and speed the transition of artificial intelligence-enabled applications into both service-specific and joint mission capabilities with priority on joint mission capabilities for Combatant Commanders. (c) Management of the fund The Fund shall be managed by the Secretary, acting through the Joint Artificial Intelligence Center, in consultation with the Under Secretary of Defense for Research and Engineering, the Joint Staff, and the military services. (d) Use of funds for development or prototyping (1) In general The Secretary, acting through the Joint Artificial Intelligence Center, may transfer such amounts in the Fund as the Secretary considers appropriate to a military service for the purpose of carrying out a development or prototyping program selected by the Secretary for the purpose described in subsection (b). (2) Treatment of transferred funds Any amount transferred under paragraph (1) shall be credited to the account to which it is transferred. (3) Supplement, not supplant The transfer authority provided in this subsection is in addition to any other transfer authority available to the Secretary or the Under Secretary. (e) Congressional notice (1) Notice required The Secretary shall notify the congressional defense committees of all transfers under subsection (d). (2) Contents Each notice under paragraph (1) shall specify the amount transferred, the purpose of the transfer, and the total projected cost and estimated cost to complete the program to which the funds were transferred. (f) Termination The pilot program and the Fund established under subsection (a) shall both terminate on the date that is two years after the date of the enactment of this Act. (g) Authorization of appropriations There are authorized to be appropriated $50,000,000 to be deposited into the Fund and to carry out this section. 6. Department of Defense resourcing plan for digital ecosystem (a) In general Within one year after the date of the enactment of this Act, the Secretary of Defense shall develop a plan for the development of a modern digital ecosystem that embraces state-of-the-art tools and modern processes to enable development, testing, fielding, and continuous update of artificial intelligence-powered applications at speed and scale from headquarters to the tactical edge. (b) Contents of plan At a minimum, the plan required by subsection (a) shall include— (1) an open architecture and an evolving reference design and guidance for needed technical investments in the proposed ecosystem that address issues including common interfaces, authentication, applications, platforms, software, hardware, and data infrastructure; (2) a governance structure, together with associated policies and guidance, to drive the implementation of the reference throughout the Department on a federated basis; and (3) a review of relevant authorities to operate and all information technology policies that may impede progress of a digital ecosystem. 7. Accredited assessment of artificial intelligence systems (a) Accreditation assessment for artificial intelligence testing organizations (1) In general Not later than 540 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall establish a program under which the Director provides accreditation to organizations that the Director determines competent at evaluating the potential, direct privacy, civil rights, and civil liberties effects of artificial intelligence systems used by covered agencies on United States persons. (2) List The Director shall maintain a list of organizations accredited under the program established under paragraph (1). (b) Covered agencies For the purposes of this section, a covered agency is— (1) the Department of Defense; (2) an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )); or (3) the Federal Bureau of Investigation. (c) Artificial intelligence system criteria and testing (1) In general The privacy and civil liberties officers of covered agencies shall establish criteria for when an artificial intelligence system of a covered agency warrants accredited testing for privacy, civil liberties, and civil rights implications for individuals in the United States. (2) Adoption by agencies The head of a covered agency shall— (A) adopt the criteria established under paragraph (1); and (B) submit each artificial intelligence system of the covered agency that meets the criteria for testing established under paragraph (1) to an organization accredited under the program established under subsection (a)(1) for evaluation in accordance with subsection (e). (d) Testing (1) In general The head of a covered agency shall submit an artificial intelligence system that meets the criteria for testing established under subsection (c)(1) to an organization for an assessment of the performance of the artificial intelligence system according to the risk management framework developed under section 22A(c) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278h–1(c) )— (A) before procuring, fielding, or using the artificial intelligence system; and (B) after the artificial intelligence system passes an evaluation performed by an organization under subsection (e). (e) Scope of testing Each organization accredited under the program established under subsection (a)(1) shall, in evaluating an artificial intelligence system of a covered agency and as a condition on maintenance of such accreditation— (1) utilize metrics relevant to the mission and authorities of the covered agency; (2) develop approaches to test— (A) a software product used in an artificial intelligence system, as installed in a test facility; and (B) cloud-based services relevant to the artificial intelligence system; (3) engage in binding agreements that enable the covered agency and other stakeholders to share confidential and proprietary data with the organization; and (4) collaborate with the covered agency to reach consensus on appropriate protocols and approaches for handling data, test results, and analyses. (f) Annual reports Once the Director of the National Institute of Standards and Technology establishes the program required by subsection (a)(1), each privacy and civil liberties officer of a covered agency shall, not less frequently than once each year, submit to Congress a report on the results of the testing on artificial intelligence systems of the covered agency under this section to ensure Congress understands the potential, direct privacy, civil rights, and civil liberties effects of such artificial intelligence systems. | https://www.govinfo.gov/content/pkg/BILLS-117s1705is/xml/BILLS-117s1705is.xml |
117-s-1706 | II 117th CONGRESS 1st Session S. 1706 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Braun (for himself, Mr. Scott of Florida , Ms. Lummis , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Secretary of the Treasury to provide taxpayers with information regarding the Federal budget.
1. Short title This Act may be cited as the Taxpayer Receipt Act . 2. Information regarding the Federal budget The Secretary of the Treasury, or the Secretary’s delegate, shall provide, to each individual filing a Federal income tax return for a taxable year, a one-page document which contains, with respect to the most recently completed fiscal year— (1) total Federal outlays during such year; (2) total Federal revenues collected during such year; (3) the Federal deficit or surplus for such year; and (4) the total Federal debt held by the public. | https://www.govinfo.gov/content/pkg/BILLS-117s1706is/xml/BILLS-117s1706is.xml |
117-s-1707 | II 117th CONGRESS 1st Session S. 1707 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Sanders (for himself, Mr. Grassley , Mr. Wyden , and Mr. Lee ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To ensure that the Department of Defense achieves a clean audit opinion on its financial statements.
1. Short title This Act may be cited as the Audit the Pentagon Act of 2021 . 2. Department of Defense spending reductions in the absence of an unqualified audit opinion If during any fiscal year after fiscal year 2022, the Secretary of Defense determines that a department, agency, or other element of the Department of Defense has not achieved an unqualified opinion on its full financial statements for the calendar year ending during such fiscal year— (1) the amount available to such department, agency, or element for the fiscal year in which such determination is made shall be equal to the amount otherwise authorized to be appropriated minus 1.0 percent; (2) the amount unavailable to such department, agency, or element for that fiscal year pursuant to paragraph (1) shall be applied on a pro rata basis against each program, project, and activity of such department, agency, or element in that fiscal year; and (3) the Secretary shall deposit in the general fund of the Treasury for purposes of deficit reduction all amounts unavailable to departments, agencies, and elements of the Department in the fiscal year pursuant to determinations made under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s1707is/xml/BILLS-117s1707is.xml |
117-s-1708 | II 117th CONGRESS 1st Session S. 1708 IN THE SENATE OF THE UNITED STATES May 19, 2021 Ms. Hirono (for herself, Ms. Murkowski , Mr. Sullivan , Mr. Blumenthal , Mr. Booker , Mr. Brown , Ms. Cantwell , Ms. Cortez Masto , Ms. Duckworth , Mrs. Feinstein , Mrs. Gillibrand , Ms. Rosen , Mr. Sanders , Mr. Schatz , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To exempt children of certain Filipino World War II veterans from the numerical limitations on immigrant visas, and for other purposes.
1. Short title This Act may be cited as the Filipino Veterans Family Reunification Act of 2021 . 2. Exemption from immigrant visa limit Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) Aliens who— (i) are eligible for a visa under paragraph (1) or (3) of section 203(a); and (ii) have a parent (regardless of whether the parent is living or dead) who was naturalized pursuant to— (I) section 405 of the Immigration Act of 1990 ( Public Law 101–649 ; 8 U.S.C. 1440 note); or (II) title III of the Act of October 14, 1940 (54 Stat. 1137, chapter 876), as added by section 1001 of the Second War Powers Act, 1942 (56 Stat. 182, chapter 199). . | https://www.govinfo.gov/content/pkg/BILLS-117s1708is/xml/BILLS-117s1708is.xml |
117-s-1709 | II 117th CONGRESS 1st Session S. 1709 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Tester (for himself and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To statutorily establish Operation Stonegarden, through which eligible law enforcement agencies shall be awarded grants for border security enhancement.
1. Short titles This Act may be cited as the Assisting Narcotics and Trafficking officers in Interdicting Drugs Act or the ANTI-Drugs Act . 2. Operation Stonegarden (a) In general Subtitle A of title XX of the Homeland Security Act of 2002 ( 6 U.S.C. 601 et seq.) is amended by adding at the end the following: 2010. Operation Stonegarden (a) Establishment There is established in the Department a program, which shall be known as Operation Stonegarden , under which the Secretary, acting through the Administrator, shall award grants to eligible law enforcement agencies, through the State administrative agency, to enhance border security in accordance with this section. (b) Eligible recipients A law enforcement agency is eligible to receive a grant under this section if the agency— (1) is located in— (A) a State bordering Canada or Mexico; or (B) a State or territory with a maritime border; and (2) is involved in an active, ongoing, U.S. Customs and Border Protection operation coordinated through a U.S. Border Patrol sector office. (c) Permitted uses Grant funds received under this section may be used for— (1) equipment, including maintenance and sustainment costs; (2) personnel, including overtime and backfill, in support of enhanced border law enforcement activities; (3) any activity permitted for Operation Stonegarden under the Department of Homeland Security’s most recent Homeland Security Grant Program Notice of Funding Opportunity; and (4) any other appropriate activity, as determined by the Administrator, in consultation with the Commissioner of U.S. Customs and Border Protection. (d) Period of performance The Secretary shall award grants under this section to grant recipients for a period of not less than 3 years. (e) Report For each of the fiscal years 2022 through 2026, the Administrator shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives containing information on the expenditure of grants made under this section by each grant recipient. (f) Authorization of appropriations There is authorized to be appropriated $110,000,000 for each of the fiscal years 2022 through 2026 for grants under this section. . (b) Conforming amendment Section 2002(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 603(a) ) is amended to read as follows: (a) Grants authorized The Secretary, through the Administrator, may award grants under sections 2003, 2004, 2009, and 2010 to State, local, and tribal governments, as appropriate. . (c) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2009 the following: Sec. 2010. Operation Stonegarden. . 3. Reauthorization of the High Intensity Drug Trafficking Areas Program Section 707(p) of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1706(p) ) is amended to read as follows: (p) Authorization of appropriations There is authorized to be appropriated to the Office of National Drug Control Policy $300,000,000 for each of the fiscal years 2022 through 2026 to carry out this section. . 4. COPS Grant Program Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended by adding at the end the following: (n) Authorization of appropriations There is authorized to be appropriated to the Office of Community Oriented Policing Services to carry out this part $400,000,000 for each of the fiscal years 2022 through 2026. . | https://www.govinfo.gov/content/pkg/BILLS-117s1709is/xml/BILLS-117s1709is.xml |
117-s-1710 | II 117th CONGRESS 1st Session S. 1710 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend title 23, United States Code, to ensure that Federal-aid highways, bridges, and tunnels are more resilient, and for other purposes.
1. Short title This Act may be cited as the Resilient Highways Act of 2021 . 2. National highway performance program Section 119 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) to provide support for measures to increase the resiliency of Federal-aid highways, bridges, and tunnels on and off the National Highway System to mitigate the impacts of sea level rise and extreme weather events. ; and (2) by adding at the end the following: (k) Protective features (1) In general A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for a protective feature on a Federal-aid highway, bridge, or tunnel, if the protective feature is an economically justified improvement designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather, flooding, and other natural disasters. (2) Protective features described A protective feature referred to in paragraph (1) may include— (A) raising roadway grades; (B) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (C) stabilizing slide areas; (D) stabilizing slopes; (E) installing riprap; (F) lengthening or raising bridges to increase waterway openings; (G) deepening channels to prevent flooding; (H) increasing the size or number of drainage structures; (I) replacing culverts with bridges or upsizing culverts; (J) repairing or maintaining tide gates; (K) installing seismic retrofits on bridges; (L) adding scour protection at bridges; (M) adding spur dikes; (N) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters; and (O) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather, flooding, and other natural disasters, as determined by the Secretary. (3) Savings provision Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1). . 3. Federal share payable Section 120(c) of title 23, United States Code, is amended by adding at the end the following: (4) Protective features (A) In general Notwithstanding any other provision of law, the Federal share payable for the cost of a protective feature on a Federal-aid highway, bridge, or tunnel project under this title may be up to 100 percent, at the discretion of the State, if the protective feature is an economically justified improvement to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (B) Protective features described A protective feature referred to in subparagraph (A) may include— (i) raising roadway grades; (ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (iii) stabilizing slide areas; (iv) stabilizing slopes; (v) installing riprap; (vi) lengthening or raising bridges to increase waterway openings; (vii) deepening channels to prevent flooding; (viii) increasing the size or number of drainage structures; (ix) replacing culverts with bridges or upsizing culverts; (x) repairing or maintaining tide gates; (xi) installing seismic retrofits on bridges; (xii) adding scour protection at bridges; (xiii) adding spur dikes; (xiv) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters; and (xv) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather, flooding, and other natural disasters, as determined by the Secretary. . 4. Emergency relief Section 125 of title 23, United States Code, is amended— (1) in subsection (a)(1), by inserting wildfire, sea level rise, after severe storm ; (2) by striking subsection (b) and inserting the following: (b) Restriction on eligibility Funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration. ; and (3) in subsection (d)— (A) in paragraph (2)(A)— (i) by striking the period at the end and inserting ; and (ii) by striking a facility that meets the current and inserting the following: a facility that— (i) meets the current ; and (iii) by adding at the end the following: (ii) incorporates economically justifiable improvements designed to mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters. ; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) Protective features (A) In general The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that is economically justified to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (B) Protective features described A protective feature referred to in subparagraph (A) may include— (i) raising roadway grades; (ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (iii) stabilizing slide areas; (iv) stabilizing slopes; (v) installing riprap; (vi) lengthening or raising bridges to increase waterway openings; (vii) deepening channels to prevent flooding; (viii) increasing the size or number of drainage structures; (ix) replacing culverts with bridges or upsizing culverts; (x) repairing or maintaining tide gates; (xi) installing seismic retrofits on bridges; (xii) adding scour protection at bridges; (xiii) adding spur dikes; (xiv) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters; and (xv) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather, flooding, and other natural disasters, as determined by the Secretary. . | https://www.govinfo.gov/content/pkg/BILLS-117s1710is/xml/BILLS-117s1710is.xml |
117-s-1711 | II 117th CONGRESS 1st Session S. 1711 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Braun (for himself, Mr. Cardin , Mr. Van Hollen , Mr. Tillis , Mrs. Gillibrand , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To authorize the posthumous honorary promotion to general of Lieutenant General Frank Maxwell Andrews, United States Army.
1. Posthumous honorary promotion to general of Lieutenant General Frank Maxwell Andrews, United States Army (a) Posthumous honorary promotion Notwithstanding any time limitation with respect to posthumous promotions for persons who served in the Armed Forces, the President is authorized to issue a posthumous honorary commission promoting Lieutenant General Frank Maxwell Andrews, United States Army, to the grade of general. (b) Additional benefits not To accrue The honorary promotion of Frank Maxwell Andrews under subsection (a) shall not affect the retired pay or other benefits from the United States to which Frank Maxwell Andrews would have been entitled based upon his military service or affect any benefits to which any other person may become entitled based on his military service. | https://www.govinfo.gov/content/pkg/BILLS-117s1711is/xml/BILLS-117s1711is.xml |
117-s-1712 | II 117th CONGRESS 1st Session S. 1712 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Braun (for himself, Mr. Tillis , Mr. Scott of Florida , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend subtitle A of title II of division A of the CARES Act to require confirmation of employment status for long-term unemployed individuals, and for other purposes.
1. Confirmation requirement Subtitle A of title II of division A of the CARES Act is amended by adding at the end the following: 2119. Confirmation of employment status for long-term unemployed individuals (a) In general As a condition of each of the agreements described in sections 2104 and 2107, a State shall— (1) notify each long-term unemployed individual in the State that the State unemployment agency will seek confirmation of the individual’s current employment status from the individual’s most recent employer (except in cases in which such employer no longer exists); (2) request each employer described in paragraph (1) to submit information to the State unemployment agency with respect to each such individual describing whether— (A) the individual’s position is not available at the time of the request; or (B) the individual’s position is available but the individual has refused to return to work; (3) in any case in which an employer submits information to the State unemployment agency with respect to an individual that describes a position that remains unavailable as described in paragraph (1), notify such individual, not later than the standard processing time for applications for regular unemployment compensation in the State after receipt of such information, that the individual’s unemployed status has been confirmed; and (4) in any case in which an employer submits information to the State unemployment agency with respect to an individual that describes a refusal to return to work as described in paragraph (2)(B), or in any case in which an employer fails to submit information described in paragraph (2) not later than the standard processing time for applications for regular unemployment compensation in the State after the date of the request, terminate the individual’s Federal Pandemic Unemployment Compensation under section 2104 or Pandemic Emergency Unemployment Compensation under section 2107, as applicable. (b) Definition In this section, the term long-term unemployed individual means an individual who has received Federal Pandemic Unemployment Compensation under section 2104 or Pandemic Emergency Unemployment Compensation under section 2107 for more than 30 weeks of unemployment. . | https://www.govinfo.gov/content/pkg/BILLS-117s1712is/xml/BILLS-117s1712is.xml |
117-s-1713 | II 117th CONGRESS 1st Session S. 1713 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To authorize the honorary promotion of Master Sergeant Harold B. Pharis, United States Army (retired), to Sergeant Major.
1. Authorization for honorary promotion of Master Sergeant Harold B. Pharis, United States Army (retired), to Sergeant Major (a) Honorary promotion The honorary promotion of Master Sergeant Harold B. Pharis, United States Army (retired), to the grade of Sergeant Major is hereby authorized. (b) Additional benefits not To accrue The honorary promotion of Harold B. Pharis pursuant to subsection (a) shall not affect the retired pay or other benefits from the United States to which Harold B. Pharis is entitled based upon his military service or affect any benefits to which any other person may become entitled based on his military service. | https://www.govinfo.gov/content/pkg/BILLS-117s1713is/xml/BILLS-117s1713is.xml |
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