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117-s-1714 | II 117th CONGRESS 1st Session S. 1714 IN THE SENATE OF THE UNITED STATES May 19, 2021 Ms. Collins (for herself, Mr. Warner , Mr. Rubio , Mrs. Shaheen , Mr. Cornyn , Mr. Bennet , Mr. Blunt , Mrs. Gillibrand , Mr. Burr , Mr. Heinrich , Mr. Sasse , Mrs. Feinstein , Mr. Cotton , Mr. King , and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Central Intelligence Agency Act of 1949 to authorize the provision of payment to personnel of the Central Intelligence Agency who incur qualifying injuries to the brain, to authorize the provision of payment to personnel of the Department of State who incur similar injuries, and for other purposes.
1. Short title This Act may be cited as the Helping American Victims Afflicted by Neurological Attacks Act of 2021 or the HAVANA Act of 2021 . 2. Authority to pay personnel of Central Intelligence Agency for certain injuries to the brain (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees mean— (A) the congressional intelligence committees (as that term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )); and (B) the Committees on Appropriations of the Senate and the House of Representatives. (2) Covered dependent, covered employee, covered individual, and qualifying injury The terms covered dependent , covered employee , covered individual , and qualifying injury have the meanings given such terms in section 19A(a) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(a) ). (b) Payment authorized Section 19A of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b ) is amended by adding at the end the following: (d) Authority To make payments for qualifying injuries to the brain (1) Authority Notwithstanding any other provision of law but subject to paragraph (2), the Director may provide payment to a covered dependent, a covered employee, and a covered individual for a qualifying injury to the brain. (2) Limitations (A) Appropriations required Payment under paragraph (1) in a fiscal year may only be made using amounts appropriated in advance specifically for payments under such paragraph in such fiscal year. (B) Matter of payments Payments under paragraph (1) using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis. (C) Amounts of payments The total amount of funding obligated for payments under paragraph (1) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability. (3) Regulations (A) In general The Director shall prescribe regulations to carry out this subsection. (B) Elements The regulations prescribed under subparagraph (A) shall include regulations detailing fair and equitable criteria for payment under paragraph (1). . (c) Applicability Payment under subsection (d) of such section, as added by subsection (b) of this section, may be made available for a qualifying injury to the brain that occurs before, on, or after the date of the enactment of this Act as the Director of the Central Intelligence Agency considers appropriate. (d) Reports (1) Report on use of authority (A) In general Not later than 365 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the appropriate congressional committees a report on the use of the authority provided by section 19A(d) of such Act, as added by subsection (b) of this section. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) A budget or spend plan for the use of the authority described in subparagraph (A) for the subsequent fiscal year. (ii) Information relating to the use of the authority described in subparagraph (A) for the preceding year, including the following: (I) The total amount expended. (II) The number of covered dependents, covered employees, and covered individuals for whom payments were made. (III) The amounts that were provided to each person described in subclause (II). (iii) An assessment of whether additional authorities are required to ensure that covered dependents, covered employees, and covered individuals can receive payments for qualifying injuries, such as a qualifying injury to the back or heart. (C) Form The report submitted under subparagraph (A) shall be submitted in classified form. (2) Report on estimated costs for fiscal year 2023 Not later than March 1, 2022, the Director shall submit to the appropriate congressional committees a report detailing an estimate of the obligation that the Director expects to incur in providing payment under section 19A(d) of such Act, as added by subsection (b) of this section, in fiscal year 2023. (e) Regulations (1) In general Not later than 180 days after the date of the enactment of this Act, the Director shall prescribe regulations required under section 19A(d)(3)(A) of such Act, as added by subsection (b) of this section. (2) Notice to Congress Not later than 210 days after the date of the enactment of this Act, the Director shall submit to the appropriate congressional committees the regulations prescribed in accordance with paragraph (1). (f) Clarifying amendment Section 19A(b) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(b) ) is amended, in the subsection heading, by inserting total disability resulting from before certain injuries . 3. Authority to pay personnel of Department of State for certain injuries to the brain (a) Definitions In this section: (1) Definition of appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Covered dependent, covered employee, covered individual, and qualifying injury The terms covered dependent , covered employee , covered individual , and qualifying injury have the meanings given such terms in section 901(e) of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b(e) ). (b) In general Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ) is amended— (1) in subsection (f), by striking subsection (a) or (b) both places it appears and inserting subsection (a), (b), or (i) ; and (2) in subsection (h)— (A) in paragraph (1), by striking In general .—This section and inserting Adjustment of compensation provision .—Subsections (a) and (b) ; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: (2) Other payment provision Payment under subsection (i) may be made available for a qualifying injury that occurs before, on, or after the date of the enactment of the Helping American Victims Afflicted by Neurological Attacks Act of 2021 . ; and (3) by adding at the end the following new subsection: (i) Other injuries (1) In general Notwithstanding any other provision of law but subject to paragraph (2), the Secretary of State or other agency head with an employee abroad may provide payment to a covered dependent, a dependent of a former employee, a covered employee, a former employee, and a covered individual for a qualifying injury to the brain. (2) Limitations (A) Appropriations required Payment under paragraph (1) in a fiscal year may only be made using amounts appropriated in advance specifically for payments under such paragraph in such fiscal year. (B) Matter of payments Payments under paragraph (1) using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis. (C) Amounts of payments The total amount of funding obligated for payments under paragraph (1) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability. (3) Regulations (A) In general The Secretary or other agency head described in paragraph (1) that provides payment under such paragraph shall prescribe regulations to carry out this subsection. (B) Elements The regulations prescribed under subparagraph (A) shall include regulations detailing fair and equitable criteria for payment under paragraph (1). . (c) Reports (1) Reports on use of authority (A) In general Not later than 365 days after the date of the enactment of this Act, the Secretary of State and each other agency head that makes a payment under subsection (i) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ), as added by subsection (b) of this section, shall submit to the appropriate congressional committees a report on the use of the authority provided by such subsection (i). (B) Contents Each report submitted under subparagraph (A) shall include the following: (i) A budget or spend plan for the use of the authority described in subparagraph (A) for the subsequent fiscal year. (ii) Information relating to the use of the authority described in subparagraph (A) for the preceding year, including the following: (I) The total amount expended. (II) The number of covered dependents, covered employees, and covered individuals for whom payments were made. (III) The amounts that were provided to each person described in subclause (II). (iii) An assessment of whether additional authorities are required to ensure that covered dependents, covered employees, and covered individuals can receive payments for qualifying injuries, such as a qualifying injury to the back or heart. (C) Form The report submitted under subparagraph (A) shall be submitted in classified form. (2) Reports on estimated costs for fiscal year 2023 Not later than March 1, 2022, the Secretary of State and each other agency head that makes a payment under subsection (i) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ), as added by subsection (b) of this section, shall submit to the appropriate congressional committees a report detailing an estimate of the obligation that the Director expects to incur in providing payment under such subsection (i) in fiscal year 2023. (d) Regulations (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State and each other agency head that makes a payment under subsection (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b ), as added by subsection (b) of this section, shall prescribe regulations required under subsection (i)(3)(A) of such Act. (2) Notice to Congress Not later than 210 days after the date of the enactment of this Act, the Secretary of State and the agency heads described in paragraph (1) shall submit to the appropriate congressional committees the regulations prescribed in accordance with paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s1714is/xml/BILLS-117s1714is.xml |
117-s-1715 | II 117th CONGRESS 1st Session S. 1715 IN THE SENATE OF THE UNITED STATES May 19, 2021 Ms. Duckworth (for herself and Mr. Cornyn ) 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 allow airport projects to be eligible to participate in the TIFIA program, and for other purposes.
1. Short title This Act may be cited as the Transportation Infrastructure Finance and Innovation Act for Airports . 2. Airport projects under TIFIA program (a) Project eligibility Section 601(a)(12) of title 23, United States Code, is amended— (1) in subparagraph (E), by striking and at the end; (2) in subparagraph (F), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (G) an eligible airport-related project (as defined in section 40117(a) of title 49). . (b) Federal requirements for airport projects Section 602(c)(1) of title 23, United States Code, is amended in the matter preceding subparagraph (A) by inserting the requirements of section 50101 of title 49 for airport projects, after transit projects, . | https://www.govinfo.gov/content/pkg/BILLS-117s1715is/xml/BILLS-117s1715is.xml |
117-s-1716 | II 117th CONGRESS 1st Session S. 1716 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Luján introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the Secretary of Health and Human Services to establish a Medicaid demonstration program to develop and advance innovative payment models for freestanding birth center services for women with a low-risk pregnancy, and for other purposes.
1. Short title This Act may be cited as the Birth Access Benefiting Improved Essential Facility Services Act or the BABIES Act . 2. Medicaid demonstration program to improve freestanding birth center services Section 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended by adding at the end the following: (cc) Demonstration program To improve freestanding birth center services (1) Authority The Secretary shall establish a demonstration program for the purpose of identifying ways to improve access to, and the quality and scope of, freestanding birth center services for women with a low-risk pregnancy. (2) Deadlines for centers participation criteria, prospective payment system; planning grants (A) Participation and prospective payment system deadline Not later than one year after the date of the enactment of this subsection, the Secretary shall do the following: (i) Publication of participation criteria for freestanding birth centers (I) In general Publish criteria for a freestanding birth center to be certified by a State for purposes of participating in a State demonstration program conducted under this subsection. (II) Requirements The criteria required to be published under subclause (I) shall include the following: (aa) Accreditation A freestanding birth center must have a current accreditation credential from an approved nationally recognized birth center accreditation body, as determined by the Secretary. (bb) Licensure and other requirements A freestanding birth center shall— (AA) be licensed, or otherwise approved, by the State to provide prenatal, labor and delivery, postpartum, newborn care, and other ambulatory services that are included in the State Medicaid program; and (BB) comply with such other requirements relating to the health and safety of individuals who receive services furnished by the facility as the State shall establish. (cc) Care coordination A freestanding birth center shall be able to meet care coordination requirements, including requirements to coordinate care across settings and providers to ensure seamless transitions for patients across the full spectrum of health services, and engage in consultation for higher level maternity care services, non-maternity care services, and behavioral health needs, and which may include plans for consultation, collaboration and referral, and arrangements with the following: (AA) Federally-qualified health centers (and as applicable, rural health clinics) to provide Federally-qualified health center services (and as applicable, rural health clinic services) to the extent such services are not provided directly through the birth center. (BB) Other outpatient clinics, including licensed midwifery and physician practices. (CC) Inpatient acute care facilities with obstetrical care units. (dd) Scope of Services As determined by the Secretary, a freestanding birth center must be able to provide peripartum care for women with a low-risk pregnancy and for newborns, consistent with evidence-based guidelines. (ee) Capabilities A freestanding birth center shall have the following: (AA) The capability and equipment to provide prenatal, labor and delivery, postpartum, and newborn care for women with a low-risk pregnancy, readiness at all times to initiate emergency procedures to meet unexpected needs of such women and of newborns within the center, including at least 2 qualified staff on-site at every birth, and the ability to facilitate transport to an acute care hospital with an obstetrical care unit when necessary. (BB) An established transfer plan with a receiving hospital with an obstetrical care unit with policies and procedures for timely transport. (CC) Medical consultation available from a licensed board-certified physician with admitting privileges in obstetrics at a nearby hospital. (DD) Data collection, storage, and retrieval, including data on intrapartum and postpartum maternal and newborn transfer rates and hospital admissions. (EE) The ability to initiate and document quality improvement programs as required by accreditation that include efforts to maximize patient safety, such as safety checklists, validated training and competency of staff, and emergency preparedness and drills. Nothing in subitem (AA) shall be construed as affecting the State plan requirement specified under section 431.53 of title 42, Code of Federal Regulations, or any successor regulation (relating to assurance of transportation). (ff) Health care providers A freestanding birth center must employ or have care delivery arrangements with both of the following: (AA) A physician or physicians licensed to practice within the State or jurisdiction of the birth center. (BB) A midwife or midwives that meet or exceed the education and training standards of the International Confederation of Midwives and who are licensed to practice within the jurisdiction of the birth center. (gg) Non-duplication In carrying out this subsection, the Secretary shall, to the greatest extent practicable, prevent the duplication of services covered under this subsection with services otherwise covered under the State plan under this title and prevent payment under a demonstration program under paragraph (3) for services for which payment is otherwise made under the State plan under this title. (ii) Guidance on development of prospective payment system for testing under State demonstration programs (I) In general The Secretary shall issue guidance for States participating in a demonstration program conducted under paragraph (3) to establish a prospective payment system that shall only apply to freestanding birth center services that meet the criteria established under clause (i) furnished by a freestanding birth center participating in such demonstration program. (II) Requirements The guidance issued by the Secretary under subclause (I) shall, to the greatest extent practicable, provide for— (aa) partial facility payment based on units in the case that a pregnant woman is admitted in labor and then needs to be transferred to the hospital in labor before the birth of the baby; (bb) facility payment for observation short stays to rule out labor or for therapeutic rest; (cc) ensuring payment for the newborn and mother as two facility payment components; (dd) ensuring payment for nitrous oxide and hydrotherapy supplies costs for pain relief; (ee) ensuring payment for all professional services of health professionals involved in the delivery of care in a birth center which may include 3 or more office visits; observation and triage; newborn exam and care; and multiple postpartum, mother, and baby visits, as needed; (ff) ensuring payment for partial prenatal and postpartum care episodes or for prenatal care only with planned delivery in the hospital and client returning for postpartum care in the birth center; and (gg) payment for services provided within— (AA) in the case of a pregnant woman, the period that commences upon the confirmation of pregnancy when the woman is accepted into care at the freestanding birth center, continues through prenatal care, labor and delivery, and ends 60 days postpartum, inclusive of at least 2 postpartum care visits; and (BB) in the case of a newborn, a period that continues through the first 28 days of life. (B) Planning grants (i) In general Not later than 18 months after the date of the enactment of this subsection, the Secretary shall award planning grants to States for the purpose of developing proposals to conduct a demonstration program described in paragraph (3). (ii) Use of funds A State awarded a planning grant under this subparagraph shall use the funds awarded under such grant to— (I) solicit input with respect to the development of the demonstration program from patients, providers (including certified nurse-midwives and physicians) and other stakeholders; (II) secure participation of freestanding birth centers that meet the criteria established under subparagraph (A)(i), including by providing support for such centers to meet that criteria in order to maximize the number of freestanding birth centers participating in the demonstration program; and (III) in accordance with the guidance issued under subparagraph (A)(ii), establish a prospective payment system which States must use for making payments to freestanding birth centers participating in the demonstration program. (3) State demonstration programs (A) In general Not later than 24 months after the date of the enactment of this subsection, from among the States awarded a planning grant under paragraph (2)(B), the Secretary shall select not more than 6 such States to conduct demonstration programs that meet the requirements of this paragraph. (B) Application requirements (i) In general The Secretary shall solicit applications to conduct a demonstration program under this subsection from States awarded planning grants under paragraph (2)(B). (ii) Required information A State application to conduct a demonstration program under this paragraph shall include the following: (I) A description of the target Medicaid population to be served under the demonstration program. (II) A list of the participating freestanding birth centers in the State. (III) Verification that each participating freestanding birth center meets the participation criteria established in paragraph (2)(A)(i). (IV) A description of the scope of the freestanding birth center services available under the State Medicaid program for women with a low-risk pregnancy that will be paid for under the prospective payment system tested in the demonstration program. (V) Verification that the State has agreed to pay for such services at the rate established under the prospective payment system. (VI) An assurance that the State will require freestanding birth centers to submit to the State, and that the State will submit to the Secretary, such information and data as the State or Secretary may require relating to the demonstration program or an episode of care for such a pregnant woman or newborn. (VII) Such other information as the Secretary may require relating to the demonstration program, including with respect to determining the soundness of the proposed prospective payment system. (C) Length of demonstration programs A State selected to conduct a demonstration program under this paragraph shall conduct the program for a 4-year period. (D) Requirements for selecting demonstration programs In selecting States to conduct demonstration programs under this paragraph, the Secretary shall— (i) ensure States meet the criteria described in paragraph (2)(A)(i)(II); (ii) ensure that the States represent a diverse selection of geographic areas, including rural and underserved areas; and (iii) give preference to States that demonstrate the potential to expand the availability of and access to maternity care services in a demonstration area and increase the quality of services provided by freestanding birth centers without increasing net Federal spending. (E) Payment for services provided by freestanding birth centers (i) In general Amounts expended by a State to conduct a demonstration program under this paragraph shall be treated as medical assistance for purposes of subsection (a) of this section. Under a demonstration program conducted under this paragraph by a State, payments shall be made by the State for freestanding birth center services that meet the criteria established under paragraph (2)(A)(i) furnished by a freestanding birth center in accordance with the prospective payment system for such services established pursuant to the guidance issued under paragraph (2)(A)(ii). (ii) Limitations Payments shall be made under this subparagraph to a State only for freestanding birth center services that are— (I) described in the demonstration program application submitted by the State and approved by the Secretary; and (II) provided to an individual who is eligible for medical assistance under the State Medicaid program. (iii) Prohibited payments Unless included as part of a payment provided under a prospective payment system established by a State for the demonstration program pursuant to the guidance issued under paragraph (2)(A(ii), no payment shall be made under this subparagraph for inpatient care or other non-ambulatory services, as determined by the Secretary. (F) Waiver of statewideness requirement The Secretary shall waive section 1902(a)(1) (relating to statewideness) as may be necessary for a State to conduct a demonstration program in accordance with the requirements of this paragraph. (G) Annual reports (i) In general Not later than 2 years after the date on which the first State is selected to conduct a demonstration program under this paragraph, and annually thereafter, based on information and data submitted by States in accordance with the assurance provided under subparagraph (B)(ii)(VI), the Secretary shall submit to Congress an annual report on all State demonstration programs conducted under this paragraph. Each such report shall include with respect to each such State demonstration program— (I) an assessment of clinical outcomes for maternity services provided by freestanding birth centers participating in the demonstration program compared to outcomes for low-risk pregnancy Medicaid patients in comparable demographic and geographic areas, including with respect to the number of births and data on intrapartum and postpartum maternal and newborn transfer rates and hospital admissions; and (II) an assessment of the impact of all the State demonstration programs conducted under this paragraph on the Federal and State costs relating to providing freestanding birth center services for women with a low-risk pregnancy (including with respect to the provision of inpatient, emergency, and ambulatory services) and newborn care, compared to the Federal and State costs related to the provision of freestanding birth center services by freestanding birth centers outside of such demonstration programs. (ii) Recommendations Not later than the end of the third year of the demonstration program established under this subsection, the Secretary shall submit to Congress recommendations concerning whether the demonstration programs under this paragraph should be continued, expanded, modified, or terminated. (4) Funding (A) In general Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary— (i) for purposes of carrying out paragraph (2)(B), $2,000,000; and (ii) for purposes of carrying out the demonstration programs under paragraph (3), $25,000,000. (B) Availability Funds appropriated under subparagraph (A) shall remain available until expended. (5) Definitions In this subsection: (A) Freestanding birth center services The term freestanding birth center services has the meaning given that term under section 1905(l)(3)(A) and includes such other services as the Secretary shall determine for purposes of the demonstration programs conducted under paragraph (3). (B) Low-risk pregnancy The term low-risk pregnancy means an uncomplicated singleton term pregnancy with a vertex presentation with an expected uncomplicated birth. . | https://www.govinfo.gov/content/pkg/BILLS-117s1716is/xml/BILLS-117s1716is.xml |
117-s-1717 | II 117th CONGRESS 1st Session S. 1717 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Merkley (for himself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a community-driven decision-making pilot program to demonstrate enhanced community-based decision making in the transportation planning process, and for other purposes.
1. Community-driven decision-making pilot program (a) Definitions In this section: (1) Community-based organization The term community-based organization means a private, locally initiated, community-based organization that— (A) is a nonprofit organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and (B) has a Board of Directors that represent a majority of residents of the area served by the organization. (2) Eligible partnership The term eligible partnership means a partnership between— (A) 1 or more local transportation planning agencies, including at least 1 of— (i) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code); (ii) a regional transportation planning organization designated under section 135(m) of title 23, United States Code; (iii) a municipal corporation; (iv) a county; or (v) any other unit of local government; and (B) a community-based organization. (3) Pilot program The term pilot program means the community-driven decision-making pilot program established under subsection (b)(1). (4) Secretary The term Secretary means the Secretary of Transportation. (b) Establishment (1) In general The Secretary shall establish a community-driven decision-making pilot program to provide grants to eligible partnerships. (2) Purpose The purpose of the pilot program shall be to demonstrate enhanced community-based decision making in the transportation planning process by supporting partnerships between local transportation planning agencies and community-based organizations which will serve as models for other communities to deepen and strengthen community engagement in transportation planning processes. (c) Applications To be eligible to receive a grant under the pilot program, an eligible partnership shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Eligible costs (1) In general An eligible partnership that receives a grant under the pilot program may use the grant funds for— (A) personnel costs, including costs— (i) to support employees of the community-based organization to enable the organization to engage with the community during the transportation planning process; and (ii) to support employees of the local transportation planning agency in conducting more robust public engagement; (B) materials and technology to support community engagement, including physical and digital presentation of data and polling; (C) training for personnel to improve the ability of the personnel to pursue and incorporate public input in the transportation planning process; (D) training for the community-based organization and residents of the community in the basics of transportation planning; (E) facilitation of public meetings, including publicity, food, and provision of childcare; (F) stipends for community participants for expenses relating to engagement in the transportation planning process; and (G) hiring and training of street teams to engage in public outreach relating to the transportation planning process, including the use of questionnaires and the solicitation of ongoing feedback. (2) Administrative costs An eligible partnership may use not more than 5 percent of the funds from a grant under the pilot program for administrative costs. (3) Limitation A community-based organization that is part of an eligible partnership that receives a grant under the pilot program shall only carry out activities under the pilot program relating to community engagement and outreach. (e) Requirements An eligible partnership that receives a grant under the pilot program shall— (1) submit to the Secretary a public engagement plan that— (A) provides a direct role for community members in determining the priorities for and outcomes of a transportation planning process that will impact the community; and (B) includes— (i) a description of how the eligible partnership will provide an increase in capacity for the community-based organization for 1 or more employees to engage directly in the transportation planning process; (ii) a description of how the eligible partnership will provide dedicated personnel within the local transportation planning agency for engagement with the community-based organization partner and for solicitation and incorporation of community input; and (iii) specific and detailed strategies to ensure broad and equitable community input from traditionally underrepresented members of the community, especially low-income residents and people of color; (2) ensure that— (A) substantial weight is given to community input throughout the planning process, including in establishing goals and determining priority projects; and (B) there is documentation of the extent to which community input is incorporated or the reasons for not incorporating community input; (3) ensure that all strategies described in paragraph (1)(B)(iii) are broadly accessible to people with disabilities in accordance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); and (4) provide, in accessible formats that are easily understandable to the public, access to information including, at a minimum— (A) data about travel patterns and demand, including data relating to induced demand and multimodal accessibility; (B) any performance targets established pursuant to section 150 of title 23, United States Code, the achievement of which might be impacted by any projects or priorities under consideration; and (C) the impacts of transportation priorities set and projects under consideration on specific neighborhoods and communities, including disparate impacts on traditionally disadvantaged communities. (f) Reports (1) Report to Secretary After carrying out all activities with a grant under the pilot program, each eligible partnership shall submit to the Secretary a report that describes— (A) the activities that were carried out with the grant funds; (B) the effect on community engagement on the activities carried out with the grant funds; and (C) the extent of cooperation between the community-based organization and the 1 or more local transportation planning agencies in the eligible partnership. (2) Report to Congress Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of the pilot program, including— (A) lessons learned with respect to community engagement in transportation planning; and (B) recommendations for future Federal support of community engagement efforts in transportation planning. (g) Publication The Secretary shall make publicly available on the website of the Department of Transportation— (1) public engagement reports submitted by eligible partnerships under subsection (e)(1); (2) reports submitted to the Secretary under subsection (f)(1); and (3) the report submitted to Congress under subsection (f)(2). (h) Maximum amount A grant under the pilot program shall be not more than $400,000. (i) Authorization of appropriations There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out the pilot program $4,200,000 for fiscal year 2022, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s1717is/xml/BILLS-117s1717is.xml |
117-s-1718 | II 117th CONGRESS 1st Session S. 1718 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Padilla (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 to provide for additional areas to be added to the park, and for other purposes.
1. Rosie the Riveter/World War II Home Front National Historical Park Additions (a) Short title This Act may be cited as the Rosie the Riveter National Historic Site Expansion Act . (b) Additions The Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 ( 16 U.S.C. 410ggg et seq.) is amended as follows: (1) In section 2(b), by adding at the end the following: Not later than 180 days after areas are added to the park administratively or by Federal law, the Secretary shall update the map to include the added areas. . (2) By adding at the end of section 2, the following: (c) Additional areas included In addition to areas included under subsection (b), the park shall include the following: (1) The Nystrom Elementary School–The Maritime Building, as listed on the National Register of Historic Places. (2) Such other areas as the Secretary deems appropriate. . (3) By amending section 3(e)(2) to read as follows: (2) Other property Within the boundaries of the park, the Secretary may acquire lands, improvements, waters, or interests therein, by donation, purchase, exchange or transfer. Any lands, or interests therein, owned by the State of California or any political subdivision thereof, may be acquired only by donation. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Any portion of land acquired outside the boundaries and not used for exchange shall be reported to the General Services Administration for disposal for not less than fair market value under chapter 1 of title 40, United States Code. . | https://www.govinfo.gov/content/pkg/BILLS-117s1718is/xml/BILLS-117s1718is.xml |
117-s-1719 | II 117th CONGRESS 1st Session S. 1719 IN THE SENATE OF THE UNITED STATES May 19, 2021 Ms. Hassan (for herself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase rates of college completion and reduce college costs by accelerating time to degree, aligning secondary and postsecondary education, and improving postsecondary credit transfer.
1. Short title This Act may be cited as the Fast Track To and Through College Act . 2. Accelerating time to degree Part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) is amended— (1) by redesignating subparts 5, 6, and 7, as subparts 6, 7, and 8, respectively; and (2) by inserting after subpart 4 the following: 5 Accelerating time to degree 416A. Purpose The purpose of this subpart is to increase rates of college completion and reduce college costs by accelerating time to degree, aligning secondary and postsecondary education, and improving postsecondary credit transfer. 416B. Definitions In this subpart: (1) Advanced coursework The term advanced coursework means coursework designed for students to earn postsecondary credit upon its successful completion while still in high school, such as that associated with Advanced Placement, International Baccalaureate, a dual or concurrent enrollment program, and early college high school programs. (2) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (3) Dual or concurrent enrollment program The term dual or concurrent enrollment program has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (4) Early college high school The term early college high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (5) Early college fast track pathway The term early college fast track pathway means a sequence of dual or concurrent enrollment program courses, Advanced Placement courses, International Baccalaureate courses, or other advanced coursework or assessments approved by the eligible entity taken at any point during high school that— (A) when taken together, constitute a typical first year of study toward an associate degree or baccalaureate degree, or, in the case of postsecondary credit in career and technical education earned through dual or concurrent enrollment program course sequences, the first year of study toward a recognized postsecondary credential for a high-skill, high-wage, or in-demand industry sector or occupation; and (B) if completed successfully, results in credit that— (i) is equivalent to the academic workload of not less than 2 semesters of full-time postsecondary enrollment; (ii) satisfies requirements for the State’s regular high school diploma; and (iii) is a part of the statewide articulation agreements described in clauses (iv) and (v) of section 416C(f)(2)(C), except that a pathway designed for earning postsecondary credit in career and technical education through a dual or concurrent enrollment program leading to a recognized postsecondary credential may be part of an articulation agreement that includes some, but not all, public institutions of higher education in the State. (6) Early high school graduation fast track pathway The term early high school graduation fast track pathway means a scholarship provided to a student who— (A) graduates high school early consistent with a State’s early high school graduation policy; (B) does not require remedial coursework in postsecondary education consistent with a State's postsecondary course placement standards described in section 416C(f)(2)(C)(iii); and (C) attends any public 2-year or 4-year institution of higher education that is a part of the eligible entity. (7) Early high school graduation policy The term early high school graduation policy means a statewide policy adopted by all local educational agencies in the State that— (A) allows students the opportunity to earn a regular high school diploma in not more than 3 years; (B) is based in whole or in part on student performance on valid and reliable assessments aligned with the challenging State academic standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, which may include a nationally recognized high school academic assessment; and (C) may permit students to earn required credit hours for a regular high school diploma through a demonstration of competency. (8) Eligible entity The term eligible entity means a partnership that, with respect to a State— (A) shall include— (i) the State educational agency; (ii) either— (I) the State public higher education system inclusive of all 2-year and 4-year public institutions of higher education in the State; or (II) a consortium of the State’s public higher education institutions or systems that, together, is inclusive of all 2-year and 4-year public institutions of higher education in the State; and (iii) 1 or more local educational agencies, including at least 1 high-need local educational agency located in the State; and (B) may include— (i) a consortium of entities described in subparagraph (A) from different States; (ii) 1 or more public or nonprofit private institutions of higher education; and (iii) 1 or more businesses, nonprofit organizations, a State workforce agency, or a State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act. (9) Evidence-Based The term evidence-based has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (10) First-generation college student The term first-generation college student means— (A) an individual both of whose parents did not complete a baccalaureate degree; or (B) in the case of any individual who regularly resided with and received support from only 1 parent, an individual whose only such parent did not complete a baccalaureate degree. (11) Governor The term Governor means the chief executive officer of a State. (12) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; (B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; (C) that is in the highest quartile of local educational agencies in the State, based on student poverty; or (D) for which not less than 75 percent of the children served by the agency are historically underrepresented students. (13) High school The term high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (14) Historically underrepresented student The term historically underrepresented student means— (A) a student, or prospective student, at an institution of higher education who is at risk of educational failure or otherwise in need of special assistance and support; and (B) may include an adult learner, working student, part-time student, student from a low-income background, student of color, Native youth, single parent (including a single pregnant woman), student who is a homeless child or youth, youth who is in, or has aged out of, the foster care system, first-generation college student, and student with a disability. (15) In-demand industry sector or occupation The term in-demand industry sector or occupation has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act. (16) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a). (17) Middle grades The term middle grades has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (18) Nationally recognized high school academic assessment The term nationally recognized high school academic assessment means an assessment of high school students’ knowledge and skills that is administered in multiple States and is recognized by institutions of higher education in those or other States for the purposes of entrance or placement into courses in postsecondary education or training programs. (19) Parent The term parent has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (20) Recognized postsecondary credential The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act. (21) Regular high school diploma The term regular high school diploma has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (22) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (23) Subgroup of students The term subgroup of students means— (A) economically disadvantaged students; (B) students from each major racial and ethnic group; (C) children with disabilities, as defined in section 602 of the Individuals with Disabilities Education Act; (D) English learners, as defined in section 8101 of the Elementary and Secondary Education Act of 1965; (E) students disaggregated by gender; (F) migratory children, as described in section 1309(3) of the Elementary and Secondary Education Act of 1965; (G) homeless children and youths, as defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ); (H) students who are in foster care or are aging out of the foster care system; and (I) students with a parent who is a member of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code) on active duty (as defined in section 101(d) of such title). (24) Work-Based learning The term work-based learning has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). 416C. Competitive grants to States (a) Reservations From the total amount appropriated under section 416I for a fiscal year, the Secretary shall reserve— (1) 2 percent to conduct the evaluation described under section 416F; and (2) 2 percent for technical assistance and dissemination, which may include— (A) providing, directly or through grants, contracts, or cooperative agreements, technical assistance on using evidence-based practices to improve the outcomes of activities funded under this subpart; and (B) disseminating information on evidence-based practices that are successful in improving the quality of activities funded under this subpart. (b) Grants (1) Awards From the total amount of funds available under section 416I for a fiscal year and not reserved under subsection (a), the Secretary shall award grants on a competitive basis to eligible entities to implement activities described under section 416D. (2) Limitation A State may not receive (whether individually or as part of a consortium) a grant under this subpart more than once. (c) Grant duration Grants awarded under this subpart shall be for a period of 5 years. (d) Diversity of projects In awarding grants under this subpart, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. (e) Priorities In awarding grants under this subpart, the Secretary shall give priority to applications that— (1) demonstrate experience in the successful adoption or implementation of policies and programs described within the application requirements under subparagraphs (B) and (C) of subsection (f)(2) and uses of funds for evidence-based practices under section 416D; (2) prioritize implementation of at least 1 early college fast track pathway in multiple high-need local educational agencies at the beginning of the grant period; (3) propose to develop multiple early college fast track pathways, including an early college fast track pathway that includes career and technical education and work-based learning aligned with high-skill, high-wage, or in-demand industry sectors or occupations; (4) propose to provide a larger award size in its early high school graduation fast track pathway relative to the size of the maximum Federal Pell Grant award under subpart 1; (5) propose to expand access to advanced coursework for students who are not eligible for the early college fast track pathway or early high school graduation fast track pathway; and (6) use school quality or student success indicators to hold high schools accountable, consistent with section 1111(c)(4)(b)(v) of the Elementary and Secondary Education Act of 1965, that measure access to and completion of advanced coursework, dual or concurrent enrollment programs, and early college high school programs or postsecondary enrollment, remediation, or first-year credit attainment. (f) Application (1) In general In order to receive a grant under subsection (b) for any fiscal year, the Governor of a State shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents Each application submitted by a Governor under this section shall include the following: (A) Signatures from the Governor, chief State school officer, and State higher education executive officer. (B) Evidence for each State in the eligible entity demonstrating adoption of— (i) an early high school graduation policy; and (ii) uniform statewide criteria for the receipt of postsecondary, nonelective credit at all public institutions of higher education in the eligible entity based on performance on Advanced Placement and International Baccalaureate course examinations, and, at the discretion of the eligible entity, other assessments. (C) A description of how the eligible entity will, not later than 2 years after the date of the initial receipt of funds under this section, implement policies and activities to align high school education with postsecondary education in each State within the eligible entity, which shall include— (i) updating State requirements for a student to receive a regular high school diploma, including students who graduate high school early consistent with subparagraph (B), to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965, which may include alignment with entrance requirements for credit-bearing coursework at the State’s system of 4-year institutions of higher education; (ii) verification of the alignment described in clause (i) that is signified by the signature of the Governor of the State, chief State school officer, and State higher education executive officer; (iii) developing statewide standards for placement in postsecondary remedial coursework based on multiple indicators, which may include grade point average, college preparatory high school courses completed, and performance assessments; (iv) developing a formal, universal statewide articulation agreement among all public institutions of higher education or systems in each State within the eligible entity in which all local educational agencies within each State within the eligible entity may participate that guarantees— (I) students who earn postsecondary credit as part of an early college fast track pathway are able to transfer such credit to— (aa) any public institution of higher education in the State, and that such credits will count toward meeting specific degree or certificate requirements; and (bb) any private nonprofit institution of higher education or public institution of higher education located in another State that chooses to participate in the articulation agreement; (II) all relevant credits are recognized throughout the public system of higher education in the State and count as credits earned for both a regular high school diploma and for a degree or certificate program at a public institution of higher education in the State and at any private nonprofit institution of higher education or public institution of higher education located in another State that chooses to participate; and (III) if a student earns an associate’s degree as part of an early college fast track pathway, such associate’s degree, awarded by the participating institution of higher education in the State, shall be fully acceptable in transfer and credited as the first 2 years of a related baccalaureate program at a public institution of higher education in such State; and (v) developing a formal, universal statewide articulation agreement among all public institutions of higher education in each State within the eligible entity to facilitate the seamless transfer of credit earned in the early college fast track pathway among such institutions of higher education, including between 2-year and 4-year public institutions of higher education and private nonprofit institutions of higher education if such private nonprofit institutions of higher education choose to participate, which may include— (I) common course numbering; (II) a general education core curriculum; and (III) management systems regarding course equivalency, transfer of credit, and articulation. (D) A description of how the eligible entity will provide students with the opportunity to choose an early college fast track pathway or an early high school graduation fast track pathway, including— (i) the criteria that will be used to designate students as eligible to participate in the early college fast track pathway prior to the conclusion of the 11th grade, which shall— (I) be based in part on student performance on valid and reliable assessments aligned with the challenging State academic standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, which may include a nationally recognized high school academic assessment, and in part on other indicators consistent with the statewide standards for placement in postsecondary remedial coursework under subparagraph (C)(iii); (II) if met, signify that the student will not require remedial coursework consistent with the placement standards developed under subparagraph (C)(iii); and (III) include students who meet the requirements of the State’s early high school graduation policy; (ii) how the eligible entity will disseminate information to all students and particularly subgroups of students, students who would be first-generation college students, and, as applicable, other historically underrepresented students in the middle grades and in grades 9, 10, and 11, served by the eligible entity, including their parents, about the opportunity to participate in an early college fast track pathway or an early high school graduation fast track pathway, including— (I) the requirements students must meet to participate in each fast track pathway consistent with the State’s early high school graduation policy and eligibility criteria described in clause (i); (II) information regarding the transferability of credits from advanced coursework offered in the early college fast track pathway, including the State’s criteria for the receipt of postsecondary credit based on performance on Advanced Placement and International Baccalaureate course examinations described in subparagraph (B)(ii), which institutions of higher education participate in the articulation agreements described under clauses (iv) and (v) of subparagraph (C), and the performance standards students must meet in order for credit from advanced coursework to transfer successfully; (III) information on the scholarships included within the early high school graduation fast track pathway, including the size of the scholarship and the institutions of higher education at which the scholarships may be used; and (IV) information regarding resources and supports available to students to prepare them to participate and succeed in a fast track pathway; (iii) how the eligible entity will provide each student served by the eligible entity with the opportunity to be assessed prior to the conclusion of the 11th grade to determine whether the student meets— (I) the eligibility criteria described in clause (i) to participate in an early college fast track pathway; and (II) the requirements of the State’s early high school graduation policy so that a student may participate in an early high school graduation fast track pathway; and (iv) how the eligible entity will notify each student, including the student's parents, who— (I) meets the eligibility criteria described under clause (i) no later than the beginning of the 12th grade about the opportunity for the student to participate in an early college fast track pathway for the remainder of the student’s enrollment in high school; and (II) meets the requirements of the early high school graduation policy about the opportunity to graduate high school early and receive a scholarship as part of an early high school graduation fast track pathway. (E) A description of how the eligible entity will implement the early college fast track pathway and early high school graduation fast track pathway in all local educational agencies within each State in the eligible entity, including— (i) the timeline and plan to provide, by the end of the grant period, all students in the State who meet the eligibility criteria described under subparagraph (D)(i) the opportunity to participate in an early college fast track pathway, which may include online coursework coordinated by the State; (ii) the timeline and plan to provide all students in the State who meet the requirements for its early high school graduation policy the opportunity to receive a scholarship through an early high school graduation fast track pathway; and (iii) annual goals for participation in fast track pathways among subgroups of students such that, if the goals are met— (I) significant progress will be made toward improving equity in student eligibility and participation in the early high school graduation pathway across the local educational agencies within each State in the eligible entity; (II) significant progress will be made toward improving equity in access to advanced coursework and early college fast track pathways across the local educational agencies within each State in the eligible entity; and (III) the composition of students participating in fast track pathways will be demographically similar to each State, as a whole, within the eligible entity by the end of the grant period. (F) A description of how the eligible entity consulted with stakeholders in development of its application and how the eligible entity will continue to engage, collaborate, and solicit feedback with stakeholders to improve implementation of the application requirements described in this subsection and uses of funds described in section 416D, including— (i) members of the State legislature and State board of education (if the State has a State board of education); (ii) the State higher education governing or coordinating entity (if the State has such an entity); (iii) the State entity that coordinates early-childhood, elementary, secondary, and postsecondary education (if the State has such an entity); (iv) local educational agencies, including those located in rural areas and high-need local education agencies; (v) representatives of Indian Tribes located in the State; (vi) charter school leaders (if the State has charter schools); (vii) civil rights organizations in the State; (viii) business leaders or their representatives in the State; (ix) teachers, principals, and other school leaders; and (x) parents and students. (G) Assurances that the eligible entity will— (i) allow students who choose to participate in an early college fast track pathway the opportunity to do so at no cost to students and parents, including that such students and their parents shall not be required to pay the cost of related tuition, fees (including examination fees), books, and supplies necessary to successfully complete the early college fast track pathway; (ii) comply with the supplement, not supplant and maintenance of effort requirements described under sections 416G and 416H; and (iii) use not less than half of grant funds for purposes described under subsections (a)(2) and (b) of section 416D to support subgroups of students, students who would be first-generation college students, and, as applicable, other historically underrepresented students. (g) Reporting Each eligible entity receiving a grant under this section shall submit to the Secretary a report on an annual basis that includes, for each State in the eligible entity— (1) information on the progress of the eligible entity in establishing the policies and completing the required activities as specified in subparagraphs (B) and (C) of subsection (f)(2) to align high school education with postsecondary education; (2) the number and percentage of local educational agencies and schools in the State offering an early high school graduation fast track pathway and each early college fast track pathway consistent with its timeline and plan as specified in clauses (i) and (ii) of subsection (f)(2)(E), progress against the goals established by the eligible entity for demographically diverse student participation in fast track pathways specified in subsection (f)(2)(E)(iii), and evidence demonstrating how the eligible entity certified each such pathway meets all requirements of this subpart; (3) the number and percentage of students in the State, including for each subgroup of students, who— (A) are eligible to participate in an early college fast track pathway; (B) participate in an early college fast track pathway; and (C) successfully complete an early college fast track pathway; (4) the number and percentage of students in the State, including for each subgroup of students, who— (A) are eligible to participate in an early high school graduation fast track pathway; and (B) participate in an early high school graduation fast track pathway; (5) the average scholarship award amount for students, including for each subgroup of students, in the State who participate in an early high school graduation fast track pathway; and (6) any additional information as the Secretary may reasonably require to ensure compliance with the requirements of this subpart and to effectively evaluate, monitor, and improve grant implementation. 416D. Use of funds (a) Required activities Each eligible entity that receives a grant under section 416C(b) for a fiscal year shall— (1) use funds for activities to implement the alignment requirements pursuant to section 416C(f)(2)(C) for a period of time not to exceed the first 2 fiscal years for which the grant is provided; and (2) use funds to support statewide implementation of early college fast track pathways and early high school graduation fast track pathways consistent with the timeline, plan, and goals specified in section 416C(f)(2)(E), including— (A) expanding advanced coursework to increase the availability of early college fast track pathways, which may include— (i) tuition, fees (including exam fees associated with Advanced Placement, International Baccalaureate, and similar examinations), books, and supplies for eligible students; (ii) creating or expanding statewide systems to provide each of the advanced courses in the early college fast track pathways online; and (iii) establishing or expanding early college high schools; (B) programs and activities to improve student preparation for, and participation in, an early college fast track pathway or early high school graduation fast track pathway, especially among subgroups of students, students who would be first-generation college students, and, as applicable, other historically underrepresented students, which may include— (i) use of data from evidence-based early assessment programs or evidence-based early warning indicator systems; (ii) enhanced advising or counseling activities, such as providing course-taking and financial aid guidance as early as the middle grades; and (iii) other evidence-based services as described by the eligible entity; and (C) outreach and communications with students and parents, particularly historically underrepresented students, to build awareness of early college fast track pathways and early high school graduation fast track pathways. (b) Additional activities To support effective statewide implementation of fast track pathways consistent with the timeline, plan, and goals specified in section 416C(f)(2)(E), each eligible entity that receives a grant under section 416C(b) for a fiscal year may use funds to— (1) offer students who graduate high school early scholarships as part of an early high school graduation fast track pathway; (2) provide training, professional development, or recruitment for faculty who teach courses that are included in an early college fast track pathway; (3) provide students with transportation to and from advanced courses in an early college fast track pathway; (4) convene secondary and postsecondary education and workforce leaders in the State and other stakeholders to coordinate and monitor grant implementation; and (5) provide incentives for local educational agencies and institutions of higher education to encourage student participation in early college fast track pathways and early high school graduation fast track pathways. 416E. Pell grant awards (a) In general Notwithstanding the requirement under section 484(a)(1) and section 484(d) that a student not be enrolled in an elementary school or secondary school to be eligible to receive a Federal Pell Grant under subpart 1, for the award years beginning on July 1, 2020, the Secretary shall, in a State issued a grant under this subpart, award high school students who meet the eligibility requirements described in section 416C(f)(2)(D) and participate in an early college fast track pathway, a Federal Pell Grant based on the determination of the expected family contribution for such student. (b) Two Semester cap waiver For a period not to exceed 2 semesters (or the equivalent of 2 semesters for students who are not enrolled full time, consistent with regulations promulgated by the Secretary described under section 401(c)(5)), Federal Pell Grants awarded to eligible students under subsection (a) shall not count toward the 12-semester eligibility period for Federal Pell Grants described under section 401(c)(5). (c) Amount of pell grant Notwithstanding section 401(b)(2)(A), the amount of the Federal Pell Grant received under subsection (b) shall not exceed the cost of tuition, fees (excluding fees associated with Advanced Placement, International Baccalaureate, and similar examinations), books, and supplies. (d) Applicability The Secretary shall continue awarding Federal Pell Grants to students pursuant to this section in a State whose grant under this subpart has expired based upon the eligible entity’s continued compliance with the requirements of this subpart as determined by the Secretary. 416F. Evaluation The Secretary, in partnership with the Director of the Institute of Education Sciences, shall contract with a third party to conduct an independent evaluation not later than September 30, 2026, and preceded by interim reports, of the policies and services provided under this subpart, including at a minimum, the impact of such policies and services on outcomes for all students and subgroups of students with regard to each of the following: (1) Enrollment in and completion of advanced coursework during high school, including the number of courses students take and the number of credits students earn. (2) Postsecondary enrollment, remediation, first-year credit attainment, and persistence. (3) The rate at which credits transfer from advanced coursework in high school, including dual or concurrent enrollment programs, and public institutions of higher education and between such institutions. (4) Postsecondary degree attainment, including completion of an associate’s degree, baccalaureate degree, or recognized postsecondary credential, and the time it takes students to earn a degree. (5) The cost of a postsecondary degree, by degree type, for participating students in an early college fast track pathway or an early high school graduation fast track pathway. 416G. Supplement, not supplant Funds made available under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart. 416H. Maintenance of effort (a) Maintenance of effort required A State that receives assistance under this subpart shall provide for institutions of higher education and local educational agencies in such State for any academic year beginning on or after July 1, 2020, an amount that is equal to or greater than the average amount provided for advanced coursework by such State to such institutions of higher education and local educational agencies for advanced coursework during the 2 most recent preceding academic years for which satisfactory data are available. (b) Adjustments for biennial appropriations The Secretary shall take into consideration any adjustments to the calculations under subsection (a) that may be required to accurately reflect funding levels in States with biennial appropriation cycles. (c) Waiver The Secretary may waive the requirements of subsection (a) for not more than 2 consecutive years, if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of a State or State educational agency, as appropriate. (d) Violation of maintenance of effort Notwithstanding any other provision of law, the Secretary shall withhold from any State that violates subsection (a) and does not receive a waiver pursuant to subsection (c) any amount that would otherwise be available to the State under this subpart until such State has made significant efforts to correct such violation. 416I. Authorization of appropriations There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2022 and each of the 4 succeeding fiscal years. . | https://www.govinfo.gov/content/pkg/BILLS-117s1719is/xml/BILLS-117s1719is.xml |
117-s-1720 | II 117th CONGRESS 1st Session S. 1720 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Peters (for himself, Mr. Portman , Mr. Carper , Mr. Burr , Ms. Hassan , Mr. Tillis , Ms. Sinema , Mrs. Capito , Ms. Rosen , Mr. Daines , Mr. Padilla , Ms. Collins , Mr. Wyden , Mr. Sullivan , Mr. Manchin , Mr. Hawley , Mr. Schatz , Mr. Blunt , Mr. Rounds , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide stability to and enhance the services of the United States Postal Service, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Postal Service Reform Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Postal Service Financial Reforms Sec. 101. Postal Service Health Benefits Program. Sec. 102. USPS Fairness Act. Sec. 103. Nonpostal services. TITLE II—Postal Service Operational Reforms Sec. 201. Performance targets and transparency. Sec. 202. Integrated delivery network. Sec. 203. Review of Postal Service cost attribution guidelines. Sec. 204. Rural newspaper sustainability. Sec. 205. Funding of Postal Regulatory Commission. Sec. 206. Flats operations study and reform. Sec. 207. Reporting requirements. Sec. 208. Postal Service transportation selection policy revisions. Sec. 209. USPS Inspector General oversight of Postal Regulatory Commission. 2. Definitions (a) Commission In this Act, the term Commission means the Postal Regulatory Commission. (b) Terms defined in title 39, United States Code In this Act, the terms competitive product , market-dominant product , and Postal Service have the meanings given those terms in section 102 of title 39, United States Code. I Postal Service Financial Reforms 101. Postal Service Health Benefits Program (a) Establishment (1) In general Chapter 89 of title 5, United States Code, is amended by inserting after section 8903b the following: 8903c. Postal Service Health Benefits Program (a) Definitions In this section— (1) the term covered Medicare individual means an individual who is entitled to benefits under Medicare part A, but excluding an individual who is eligible to enroll in Medicare part A under section 1818 or 1818A of the Social Security Act ( 42 U.S.C. 1395i–2 , 1395i–2a); (2) the term initial contract year means the contract year beginning in January 2023; (3) the term initial participating carrier means a carrier that enters into a contract with the Office to participate in the Postal Service Health Benefits Program during the initial contract year; (4) the term Medicare part A means part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq.); (5) the term Medicare part B means part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.); (6) the term Office means the Office of Personnel Management; (7) the term Postal Service means the United States Postal Service; (8) the term Postal Service annuitant means an annuitant enrolled in a health benefits plan under this chapter whose Government contribution is paid pursuant to the requirements of section 8906(g)(2); (9) the term Postal Service employee means an employee of the Postal Service enrolled in a health benefits plan under this chapter whose Government contribution is paid by the Postal Service; (10) the term Postal Service Medicare covered annuitant means an individual who— (A) is a Postal Service annuitant; and (B) is a covered Medicare individual; (11) the term Program means the Postal Service Health Benefits Program established under subsection (c); (12) the term Program plan means a health benefits plan offered under the Program; and (13) the definitions set forth in section 8901 shall apply. (b) Application The requirements under this section shall— (1) apply to the initial contract year and each contract year thereafter; and (2) supersede any other provision of this chapter inconsistent with those requirements, as determined by the Office. (c) Establishment of the Postal Service Health Benefits Program (1) In general (A) Establishment The Office shall establish, within the Federal Employees Health Benefits Program, the Postal Service Health Benefits Program under which the Office contracts with carriers to offer health benefits plans as described under this section. (B) Applicability of chapter requirements to contracts Except as otherwise provided in this section, any contract described in subparagraph (A) shall be consistent with the requirements of this chapter for contracts under section 8902 with carriers to offer health benefits plans other than under this section. (C) Program plans and participation The Program shall— (i) to the greatest extent practicable, include plans offered by— (I) each carrier for which the total enrollment in the plans provided under this chapter includes, in the contract year beginning in January 2022, 1,500 or more enrollees who are Postal Service employees or Postal Service annuitants; and (II) any other carrier determined appropriate by the Office; (ii) be available for participation by Postal Service employees and Postal Service annuitants, in accordance with subsection (d); (iii) provide for enrollment in a plan as an individual, for self plus one, or for self and family; and (iv) not be available for participation by an individual who is not a Postal Service employee or Postal Service annuitant (except as a member of family of such an employee or annuitant or as provided under paragraph (5)). (2) Separate Postal Service risk pool The Office shall ensure that each Program plan includes rates that reasonably and equitably reflect the cost of benefits provided to a risk pool consisting solely of Postal Service employees, Postal Service annuitants, and covered members of family of such employees and annuitants (regardless of the health plan, coverage, or benefit program in which such an employee, annuitant, or member of family is enrolled), taking into specific account the change in benefits cost for the Program plan due to the Medicare enrollment requirements under subsection (e) and any savings or subsidies resulting from subsection (f). (3) Actuarially equivalent coverage The Office shall ensure that each carrier participating in the Postal Service Health Benefits Program provides coverage under the Program plans offered by the carrier that is actuarially equivalent, as determined by the Office, to the coverage that the carrier provides under the health benefits plans offered by the carrier under this chapter that are not Program plans. (4) Applicability of federal employees health benefits program requirements Except as otherwise set forth in this section, all provisions of this chapter applicable to health benefits plans offered by carriers under section 8903 or 8903a shall apply to plans offered under the Program. (5) Application of continuation coverage In accordance with rules established by the Office, section 8905a shall apply to health benefits plans offered under this section in the same manner as that section applies to other health benefits plans offered under this chapter. (d) Election of coverage (1) In general Except as provided in paragraph (2), each Postal Service employee and Postal Service annuitant who elects to receive health benefits coverage under this chapter— (A) shall be subject to the requirements of this section; and (B) may not enroll in any other health benefits plan offered under any other section of this chapter. (2) Exceptions (A) Lack of geographic coverage An individual who is a Postal Service employee or Postal Service annuitant may enroll in a health benefits plan offered under any other section of this chapter if the individual resides in a geographic area for which there is not a Program plan in which the individual may enroll. (B) Annuitants as of program inception (i) Current medicare covered annuitants (I) In general Subject to subclause (II), in the case of an individual who, as of January 1, 2023, is a Postal Service Medicare covered annuitant who has not enrolled in both Medicare part A and Medicare part B, the individual— (aa) may enroll in a health benefits plan offered under any other section of this chapter; and (bb) may not enroll in a Program plan. (II) Program plan enrollment following Medicare parts A and B enrollment In the case of an individual described in subclause (I) who after January 1, 2023, is enrolled in both Medicare part A and Medicare part B, beginning with the first contract year beginning after the date as of which the individual is enrolled in both Medicare part A and Medicare part B— (aa) subclause (I) shall no longer apply to the individual; and (bb) the individual may receive health benefits under this chapter only through a Program plan. (ii) Pre-medicare annuitants (I) In general Subject to subclause (II), an individual who, as of January 1, 2023, is a Postal Service annuitant and is not a Postal Service Medicare annuitant (for a reason other than eligibility to enroll in Medicare part A under section 1818 or 1818A of the Social Security Act ( 42 U.S.C. 1395i–2 , 1395i–2a)) may enroll in— (aa) a Program plan; or (bb) a health benefits plan offered under any other section of this chapter. (II) Exception In the case of an individual described in subclause (I) who enrolls in a Program plan for any contract year beginning on or after the date on which the individual becomes a Postal Service Medicare covered annuitant, beginning with that contract year— (aa) subclause (I) shall no longer apply to the individual; and (bb) the individual may receive health benefits under this chapter only through enrollment in a Program plan. (C) Certain employees as of program inception (i) Legacy coverage A Postal Service employee who is enrolled in a health benefits plan under this chapter for the contract year immediately preceding the initial contract year that is not a health benefits plan offered by an initial participating carrier may enroll in a Program plan or a health benefits plan offered under any other section of this chapter, except that— (I) if the Postal Service employee changes enrollment to a different health benefits plan under this chapter during the open season for the initial contract year, or after the start of the initial contract year, the Postal Service employee may only enroll in a Program plan; (II) if the health benefits plan in which the employee is enrolled for the contract year becomes available as a Program plan, the Postal Service employee may only enroll in a Program plan; and (III) upon becoming a Postal Service annuitant, if the Postal Service employee elects to continue coverage under this chapter, the Postal Service employee shall enroll in a Program plan during the open season that is— (aa) being held when the Postal Service employee becomes a Postal Service annuitant; or (bb) if the date on which the Postal Service employee becomes a Postal Service annuitant falls outside of an open season, the first open season following that date. (ii) Current employees aged 64 and over (I) In general Subject to subclause (II), an individual who, as of January 1, 2023, is a Postal Service employee and is not less than 64 years of age may enroll in— (aa) a Program plan; or (bb) a health benefits plan offered under any other section of this chapter. (II) Exception In the case of an individual described in subclause (I) who enrolls in a Program plan for any contract year beginning on or after the date on which the individual becomes a Postal Service Medicare covered annuitant, beginning with that contract year— (aa) subclause (I) shall no longer apply to the individual; and (bb) the individual may receive health benefits under this chapter only through enrollment in a Program plan. (D) Certain other annuitants (i) Annuitants and family members excluded from premium-free Medicare part A (I) In general Subject to subclause (II), a Postal Service annuitant who is eligible to enroll in Medicare Part A under section 1818 or 1818A of the Social Security Act ( 42 U.S.C. 1395i–2 , 1395i–2a) may enroll in a Program plan or a health benefits plan offered under any other section of this chapter if the annuitant— (aa) is eligible to enroll in Medicare part A under such section 1818 or 1818A; or (bb) includes in the annuitant’s plan enrollment 1 or more family members who are eligible to enroll in Medicare part A under such section 1818 or 1818A. (II) Exception In the case of an annuitant described in subclause (I) who enrolls in a Program plan for any contract year beginning on or after the date on which the annuitant or any member of family covered by the enrollment becomes eligible to enroll in Medicare part A, beginning with that contract year— (aa) subclause (I) shall no longer apply to the annuitant; and (bb) the annuitant may receive health benefits under this chapter only through enrollment in a Program plan. (ii) Limited or redundant coverage An individual who is a Postal Service annuitant may enroll in a Program plan (subject to subsection (e) of this section and to sections 226(j) and 1837(o)(2) of the Social Security Act) or a health benefits plan offered under any other section of this chapter for any contract year in which the annuitant or a member of family covered by the enrollment, respectively, is a covered Medicare individual and— (I) the annuitant or family member, respectively, resides in an area where the Office has determined that no Medicare providers are available; (II) the annuitant receives comprehensive medical coverage provided by the Department of Veterans Affairs under subchapter II of chapter 17 of title 38, United States Code; or (III) the annuitant receives comprehensive medical coverage provided by the Indian Health Service under the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq.). (iii) Regulations Not later than 90 days after the date of enactment of this section, the Office shall, in consultation with the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and the Postmaster General, promulgate any regulations necessary to implement this subparagraph. (e) Requirement of medicare enrollment for certain annuitants and their family members (1) Annuitants Except as provided under subsection (d)(2), a Postal Service Medicare covered annuitant may not enroll in a Program plan unless the annuitant is enrolled in both Medicare part A and Medicare part B. (2) Medicare covered family members In the case of a Postal Service annuitant who is required under paragraph (1) to enroll in Medicare part A and Medicare part B in order to be able to enroll in a Program plan, if a member of family of the Postal Service annuitant is a covered Medicare individual or is eligible to enroll in Medicare Part A under section 1818 or 1818A of the Social Security Act ( 42 U.S.C. 1395i–2 , 1395i–2a), that member of family may not enroll in a Program plan as a member of family of the Postal Service annuitant unless that member of family is enrolled in both Medicare part A and Medicare part B. (3) Process for coordinated election of Medicare enrollment The Office shall establish a process under which— (A) Postal Service annuitants and members of family who are subject to the requirements of paragraph (1) or (2)— (i) are informed, prior to enrollment under this section, of those requirements; and (ii) receive requests for any additional information necessary for enrollment in writing; and (B) the Office provides the Secretary of Health and Human Services and the Commissioner of Social Security in a timely manner with any information with respect to those annuitants and members of family and that election that may be required to effect their enrollment and coverage under Medicare part A, Medicare part B, and this section in a timely manner, including to effect deemed enrollments, if applicable under sections 226(j) and 1837(o) of the Social Security Act, for such continuous period as such annuitant or member of family involved otherwise maintains eligibility for enrollment under Medicare part A and Medicare part B, to have elected to be enrolled under such part (in accordance with such sections) in connection with the enrollment in a Program plan under this section. (f) Medicare coordination (1) In general The Office shall require each Program plan to provide benefits for covered Medicare individuals (and individuals eligible to enroll in Medicare part A pursuant to section 1818 or 1818A of the Social Security Act ( 42 U.S.C. 1395i–2 , 1395i–2a)) pursuant to the same coordination of benefits method used in connection with plans offered under any other section of this chapter. (2) Medicare part d prescription drug benefits The Office shall require each Program plan to provide prescription drug benefits to any Postal Service annuitant and member of family of such annuitant who is a part D eligible individual (as defined in section 1860D–1(a)(3)(A) of the Social Security Act ( 42 U.S.C. 1395w–101(a)(3)(A) )) through employment-based retiree health coverage (as defined in section 1860D–22(c)(1) of that Act ( 42 U.S.C. 1395w–132(c)(1) )) through a prescription drug plan (as defined in section 1860D–41(a)(14) of that Act ( 42 U.S.C. 1395w–151(a)(14) )). (g) Postal Service contribution (1) In general Subject to subsection (i), for purposes of applying section 8906(b) to the Postal Service, the weighted average shall be calculated in accordance with paragraphs (2) and (3). (2) Weighted average calculation Not later than October 1 of each year (beginning with 2022), the Office shall determine the weighted average of the rates established pursuant to subsection (c)(2) for Program plans that will be in effect during the following contract year with respect to— (A) enrollments for self only; (B) enrollments for self plus one; and (C) enrollments for self and family. (3) Weighting in computing rates for initial contract year In determining the weighted average of the rates for the initial contract year under paragraph (2), the Office shall take into account (for purposes of section 8906(a)(2)) the enrollment of Postal Service employees and annuitants in the health benefits plans offered by the initial participating carriers as of March 31, 2022. (h) Reserves (1) Separate reserves (A) In general The Office shall ensure that each Program plan maintains separate reserves (including a separate contingency reserve) with respect to the enrollees in the Program plan in accordance with section 8909, subject to subparagraph (B) of this paragraph. (B) Applicability of section 8909 to contingency reserves Each provision of section 8909 relating to contingency reserves shall apply to contingency reserves of Program plans in the same manner as to the contingency reserves of other plans under this chapter, except to the extent that the provision is inconsistent with the requirements of this subsection. (C) References For purposes of the Program, each reference to the Government in section 8909 shall be deemed to be a reference to the Postal Service. (D) Amounts to be credited The reserves (including the separate contingency reserve) maintained by each Program plan shall be credited with a proportionate amount of the funds in the reserves for health benefits plans offered by the carrier. (2) Discontinuation of program plan In applying section 8909(e) relating to a Program plan that is discontinued, the Office shall credit the separate Postal Service contingency reserve maintained under paragraph (1) for that plan only to the separate Postal Service contingency reserves of the Program plans continuing under this chapter. (i) No effect on existing law Nothing in this section shall be construed as affecting section 1005(f) of title 39 regarding variations, additions, or substitutions to the provisions of this chapter. (j) Health benefits education program (1) Establishment Not later than 180 days after the date of enactment of this section, the Postal Service shall establish a Health Benefits Education Program. (2) Requirements Under the Health Benefits Education Program established under paragraph (1), the Postal Service shall— (A) notify annuitants and employees of the Postal Service about the Postal Service Health Benefits Program established under subsection (c)(1); (B) provide information regarding the Postal Service Health Benefits Program to the annuitants and employees described in subparagraph (A), including— (i) a description of the health care options available under the Program; (ii) the enrollment provisions of subsection (d); and (iii) the requirement that annuitants and their family members be enrolled in Medicare under subsection (e); and (C) in coordination with the Centers for Medicare & Medicaid Services and the Commissioner of Social Security, respond and provide answers to any inquiry from such employees and annuitants about the Postal Service Health Benefits Program or Medicare enrollment. (3) OPM information The Office shall timely provide the Postal Service with any information that the Postal Service determines to be necessary to conduct the Health Benefits Education Program under this subsection. . (2) Technical and conforming amendments (A) Section 8903(1) of title 5, United States Code, is amended by striking two levels of benefits and inserting 2 levels of benefits for enrollees under this chapter generally and 2 levels of benefits for enrollees under the Postal Service Health Benefits Program established under section 8903c . (B) The table of sections for chapter 89 of title 5, United States Code, is amended by inserting after the item relating to section 8903b the following: 8903c. Postal Service Health Benefits Program. . (b) Coordination with Medicare (1) Medicare part A Section 226 of the Social Security Act ( 42 U.S.C. 426 ) is amended by adding at the end the following new subsection: (j) (1) In the case of an individual who— (A) on or after January 1, 2023, is— (i) a Postal Service employee; (ii) a Postal Service annuitant who is not a Postal Service Medicare covered annuitant; or (iii) a member of family of a Postal Service employee or of a Postal Service annuitant and who is not described in section 1837(o)(1) of this Act; and (B) enrolls in a Program plan under section 8903c of title 5, United States Code, such individual is deemed to be enrolled under this part, regardless of whether such individual has filed an application under subparagraph (A) or (C) of subsection (a)(2). (2) Entitlement to hospital benefits under part A by reason of paragraph (1) begins as of— (A) in the case of an individual who is a Postal Service employee or a Postal Service annuitant who is eligible to become a Postal Service Medicare covered annuitant, the date on which the individual becomes a Postal Service Medicare covered annuitant or the date of enrollment in a Program plan, whichever is later; (B) in the case of an individual who is eligible to enroll under section 1818 or 1818A, the date on which the individual attains such eligibility or the date of enrollment in a Program plan whichever is later; and (C) in the case of an individual who is described in paragraph (1)(A)(iii) and is eligible to become a covered Medicare individual, as of the first date the individual becomes a covered Medicare individual or the date of enrollment in a Program plan, whichever is later. (3) The definitions in section 8903c(a) of title 5, United States Code, shall apply for purposes of this subsection. (4) Nothing in this subsection shall be construed to deprive any individual of any other method or period of enrollment to which such individual is entitled under this section. . (2) Medicare part B (A) Enrollment Section 1837 of the Social Security Act ( 42 U.S.C. 1395p ) is amended by adding at the end the following new subsection: (o) (1) In the case of an individual who— (A) as of January 1, 2023, is— (i) a Postal Service Medicare covered annuitant; or (ii) a member of family of a Postal Service employee or of a Postal Service annuitant and is a covered Medicare individual; (B) intends to enroll in a Program plan under section 8903c of title 5, United States Code, for the initial contract year; and (C) is not enrolled under this part, the individual may elect to be enrolled under this part during a special enrollment period during the 3-month period beginning on January 1, 2023. (2) In the case of an individual who— (A) on or after January 1, 2023, is— (i) a Postal Service employee; (ii) a Postal Service annuitant who is not a Postal Service Medicare covered annuitant; or (iii) a member of family of a Postal Service employee or of a Postal Service annuitant and who is not described in paragraph (1); and (B) enrolls in a Program plan under section 8903c of title 5, United States Code, the individual shall be deemed to have enrolled in the medical insurance program established by this part. (3) The definitions in section 8903c(a) of title 5, United States Code, shall apply for purposes of this subsection. (4) Nothing in this subsection shall be construed to deprive any individual of any other method or period of enrollment to which such individual is entitled under this section. . (B) Coverage periods Section 1838 of the Social Security Act ( 42 U.S.C. 1395q ) is amended by adding at the end the following new subsection: (i) Notwithstanding subsection (a)— (1) in the case of an individual who enrolls under this part pursuant to a special enrollment period under paragraph (1) of section 1837(o), the coverage period under this part shall begin on the date that the individual first has coverage under the Program plan pursuant to the enrollment described in paragraph (1)(B) of such section; and (2) in the case of an individual who is deemed enrolled under paragraph (2) of section 1837(o), the coverage period under this part shall begin as of— (A) in the case of such an individual who is a Postal Service employee or a Postal Service annuitant who is eligible to become a Postal Service Medicare covered annuitant, the date on which the individual becomes a Postal Service Medicare covered annuitant or the date of enrollment in a Program plan, whichever is later; (B) in the case of such an individual who is eligible to enroll under section 1818 or 1818A of this Act, the date on which the individual attains such eligibility or the date of enrollment in a Program plan, whichever is later; and (C) in the case of an individual described in paragraph (2)(A)(iii) of section 1837(o) who is eligible to become a covered Medicare individual, as of the first date the individual becomes a covered Medicare individual or the date of enrollment in a Program plan, whichever is later. . (3) Part D EGWP contracting conforming amendment Section 1860D–22(b) of the Social Security Act ( 42 U.S.C. 1395w–132(b) ) is amended by inserting before the period at the end the following: , and shall be applied in a manner to facilitate the offering of prescription drug benefits under a Program plan under section 8903c of title 5, United States Code, through employment-based retiree health coverage through a prescription drug plan, as required under subsection (f) of such section, through contracts between such a Program plan and such a prescription drug plan . (4) Waiver of increase of Medicare part B premium Section 1839(b) of the Social Security Act ( 42 U.S.C. 1395r(b) ) is amended by inserting after subsection (i)(4), (l), or (m) of section 1837 the following: or pursuant to the special enrollment period under subsection (o)(1) of such section . 102. USPS Fairness Act (a) Short title This section may be cited as the USPS Fairness Act . (b) Rational benefits funding and accounting (1) In general Section 8909a of title 5, United States Code, is amended by striking subsection (d) and inserting the following: (d) (1) Not later than June 30, 2024, and by June 30 of each succeeding year, the Office shall compute, for the most recently concluded fiscal year, the difference between— (A) any Government contributions required to be paid from the Fund under section 8906(g)(2)(A); and (B) the net claims costs under the enrollment of the individuals described in section 8906(g)(2)(A). (2) Not later than September 30 of each year in which the Office makes a computation under paragraph (1), the United States Postal Service shall pay into the Fund the difference computed under that paragraph. (e) Any computation of the liability of the Fund required by law shall be based on— (1) the net present value of the future net claims costs with respect to— (A) current annuitants of the United States Postal Service as of the end of the fiscal year ending on September 30 of the relevant reporting year; and (B) current employees of the United States Postal Service who would, as of September 30 of that year— (i) be eligible to become annuitants pursuant to section 8901(3)(A); and (ii) if they were retired as of that date, meet the criteria for coverage of annuitants under section 8905(b); (2) economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the Postal surplus or supplemental liability under section 8348(h); and (3) any other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate. (f) After consultation with the United States Postal Service, the Office shall promulgate any regulations the Office determines necessary under this section. (g) For purposes of this section, the term net claims costs means the difference between— (1) the sum of— (A) the costs incurred by a carrier in providing health services to, paying for health services provided to, or reimbursing expenses for health services provided to, annuitants of the United States Postal Service and any other persons covered under the enrollment of such annuitants; and (B) an amount of indirect expenses reasonably allocable to the provision, payment, or reimbursement described in subparagraph (A), as determined by the Office; and (2) the amount withheld from the annuity of or paid by annuitants of the United States Postal Service under section 8906. . (2) Clerical amendment The heading of section 8909a of title 5, United States Code, is amended by striking Benefit and inserting Benefits . (c) Application (1) Cancellation of payments Any payment required from the Postal Service under section 8909a of title 5, United States Code, as in effect on the day before the date of enactment of this Act that remains unpaid as of that date of enactment is canceled. (2) Effect of this Act In any determination relating to the future liability for retiree health benefits of the Postal Service or the Postal Service Retiree Health Benefits Fund, the Office of Personnel Management shall take into account the actual and reasonably expected effects of this Act and the amendments made by this Act. (d) Use of funds from sale of real property for certain payments (1) In general Chapter 29 of title 39, United States Code, is amended by adding at the end the following: 2903. Use of funds from sale of property (a) Payment of salaries and expenses If the Postal Service permanently ceases operations, any funds derived from the sale of any real property owned by the Postal Service shall be used to pay any outstanding liability with respect to the salaries and expenses of any Postal Service employee. (b) Deposit into Postal Service Retiree Health Benefits Fund The balance of any funds remaining after compliance with subsection (a) shall be deposited into the Postal Service Retiree Health Benefits Fund established under section 8909a of title 5. . (2) Technical and conforming amendment The table of sections for chapter 29 of title 39, United States Code, is amended by adding at the end the following: 2903. Use of funds from sale of property. . 103. Nonpostal services (a) Nonpostal services (1) In general Part IV of title 39, United States Code, is amended by adding after chapter 36 the following: 37 Nonpostal Services Sec. 3701. Purpose. 3702. Definitions. 3703. Postal Service program for State governments. 3704. Postal Service program for other Government agencies. 3705. Transparency and accountability for nonpostal services. 3701. Purpose The purpose of this chapter is to enable the Postal Service to increase its net revenues through specific nonpostal products and services that are expressly authorized by this chapter. Postal Service revenues and expenses under this chapter shall be funded through the Postal Service Fund. 3702. Definitions In this chapter— (1) the term nonpostal services is limited to services offered by the Postal Service that are expressly authorized by this chapter and are not postal products or services; (2) the term attributable costs has the meaning given such term in section 3631; and (3) the term year means a fiscal year. 3703. Postal Service program for State governments (a) In general Notwithstanding any other provision of this title, the Postal Service may establish a program to enter into agreements with an agency of any State government, local government, or tribal government to provide property and services on behalf of such agencies for non-commercial products and services, but only if such property and services— (1) provide enhanced value to the public, such as by lowering the cost or raising the quality of such services or by making such services more accessible; (2) do not interfere with or detract from the value of postal services, including— (A) the cost and efficiency of postal services; and (B) unreasonably restricting access to postal retail service, such as customer waiting time and access to parking; and (3) provide a reasonable contribution to the institutional costs of the Postal Service, defined as reimbursement that covers at least 100 percent of attributable costs of all property and services provided under each relevant agreement in each year. (b) Public notice At least 90 days before offering a service under the program, the Postal Service shall make available to the public on its website— (1) the agreement with the agency regarding such service; and (2) a business plan that describes the specific service to be provided, the enhanced value to the public, terms of reimbursement, the estimated annual reimbursement to the Postal Service, and the estimated percentage of attributable Postal Service costs that will be covered by reimbursement (with documentation to support the estimates). (c) Public comment Before offering a service under the program, the Postal Service shall provide for a public comment period of at least 30 days that allows the public to post comments relating to the provision of such services on the Postal Service website. The Postal Service shall make reasonable efforts to provide written responses to the comments on such website at least 30 days before offering such services. (d) Approval required The Postal Service may not establish the program under subsection (a) unless the Governors of the Postal Service approve such program by a recorded vote that is publicly disclosed on the Postal Service website with a majority of the total Governors voting for approval. (e) Application of reporting requirements For purposes of the reporting requirements under section 3705, the Postal Service shall submit a separate report for each agreement with an agency entered into under subsection (a) analyzing the costs, revenues, rates, and quality of service for the provision of all services under such agreement, including information demonstrating that the agreement satisfies the requirements of paragraphs (1) through (3) of subsection (a). (f) Regulations required The Postal Regulatory Commission shall issue such regulations as are necessary to carry out this section. (g) Definitions For the purpose of this section— (1) the term local government means a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments, or regional or interstate government entity; (2) the term State government includes the government of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; (3) the term tribal government means the government of an Indian tribe, as that term is defined in section 4(e) of the Indian Self-Determination Act ( 25 U.S.C. 450b(e) ); and (4) the term United States , when used in a geographical sense, means the States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (h) Confidential information Subsection (b) or (c) shall not be construed as requiring the Postal Service to disclose to the public any information— (1) described in section 410(c); or (2) exempt from public disclosure under section 552(b) of title 5. 3704. Postal Service program for other Government agencies (a) In general The Postal Service may establish a program to provide property and services to other Government agencies within the meaning of section 411, but only if such program provides a reasonable contribution to the institutional costs of the Postal Service, defined as reimbursement by each agency that covers at least 100 percent of the attributable costs of all property and service provided by the Postal Service in each year to such agency. (b) Application of reporting requirements For purposes of the reporting requirements under section 3705, the Postal Service shall submit a separate report for each agreement with an agency entered into under subsection (a) analyzing the costs, revenues, rates, and quality of service for the provision of all services under such agreement, including information demonstrating that the agreement satisfies the requirements of subsection (a). 3705. Transparency and accountability for nonpostal services (a) Annual report to the Commission (1) In general Not later than 90 days after the last day of each year, the Postal Service shall submit to the Postal Regulatory Commission a report that analyzes costs, revenues, rates, and quality of service for each agreement for the provision of property and services under this chapter, using such methodologies as the Commission may prescribe, and in sufficient detail to demonstrate compliance with the requirements of this chapter. (2) Supporting matter A report submitted under paragraph (1) shall include any nonpublic annex, the working papers, and any other supporting matter of the Postal Service and the Inspector General related to the information submitted in such report. (b) Content and form of report (1) In general The Postal Regulatory Commission shall, by regulation, prescribe the content and form of the report required under subsection (a). In prescribing such regulations, the Commission shall give due consideration to— (A) providing the public with timely, adequate information to assess compliance; (B) avoiding unnecessary or unwarranted administrative effort and expense on the part of the Postal Service; and (C) protecting the confidentiality of information that is commercially sensitive or is exempt from public disclosure under section 552(b) of title 5. (2) Revised requirements The Commission may, on its own motion or on request of any interested party, initiate proceedings to improve the quality, accuracy, or completeness of Postal Service data required by the Commission if— (A) the attribution of costs or revenues to property or services under this chapter has become significantly inaccurate or can be significantly improved; (B) the quality of service data provided to the Commission for a report under this chapter has become significantly inaccurate or can be significantly improved; or (C) such revisions are, in the judgment of the Commission, otherwise necessitated by the public interest. (c) Audits The Inspector General shall regularly audit the data collection systems and procedures used in collecting information and preparing the report required under subsection (a). The results of any such audit shall be submitted to the Postal Service and the Postal Regulatory Commission. (d) Confidential information (1) In general If the Postal Service determines that any document or portion of a document, or other matter, which it provides to the Postal Regulatory Commission in a nonpublic annex under this section contains information described in section 410(c), or exempt from public disclosure under section 552(b) of title 5, the Postal Service shall, at the time of providing such matter to the Commission, notify the Commission of its determination, in writing, and describe with particularity the documents (or portions of documents) or other matter for which confidentiality is sought and the reasons therefor. (2) Treatment Any information or other matter described in paragraph (1) to which the Commission gains access under this section shall be subject to paragraphs (2) and (3) of section 504(g) in the same way as if the Commission had received notification with respect to such matter under section 504(g)(1). (e) Annual compliance determination (1) Opportunity for public comment Upon receiving a report required under subsection (a), the Postal Regulatory Commission shall promptly— (A) provide an opportunity for comment on such report by any interested party; and (B) appoint an officer of the Commission to represent the interests of the general public. (2) Determination of compliance or noncompliance Not later than 90 days after receiving a report required under subsection (a), the Postal Regulatory Commission shall make a written determination as to whether the nonpostal activities carried out during the applicable year were or were not in compliance with the provisions of this chapter. For purposes of this paragraph, any case in which the requirements for coverage of attributable costs have not been met shall be considered to be a case of noncompliance. If, with respect to a year, no instance of noncompliance is found to have occurred, the determination shall be to that effect. Such determination of noncompliance shall be included with the annual compliance determination required under section 3653. (3) Noncompliance If a timely written determination of noncompliance is made under paragraph (2), the Postal Regulatory Commission shall take appropriate action. If the requirements for coverage of attributable costs specified by this chapter are not met, the Commission shall, within 60 days after the determination, prescribe remedial action to restore compliance as soon as practicable, including the full restoration of revenue shortfalls during the following year. The Commission may order the Postal Service to discontinue a nonpostal service under section 3703 that persistently fails to meet cost coverage requirements. (4) Deliberate noncompliance In the case of deliberate noncompliance by the Postal Service with the requirements of this chapter, the Postal Regulatory Commission may order, based on the nature, circumstances, extent, and seriousness of the noncompliance, a fine (in the amount specified by the Commission in its order) for each incidence of such noncompliance. All receipts from fines imposed under this subsection shall be deposited in the general fund of the Treasury. (f) Regulations required The Postal Regulatory Commission shall issue such regulations as are necessary to carry out this section. . (2) Clerical amendment The table of chapters for part IV of title 39, United States Code, is amended by adding after the item relating to chapter 36 the following: 37. Nonpostal services 3701 . (b) Conforming amendments (1) Section 404 Section 404(e) of title 39, United States Code, is amended— (A) in paragraph (2), by inserting after subsection the following: , or any nonpostal products or services authorized by chapter 37 ; and (B) by adding at the end the following: (6) Licensing which, before the date of enactment of this paragraph, has been authorized by the Postal Regulatory Commission for continuation as a nonpostal service may not be used for any purpose other than— (A) to continue to provide licensed mailing, shipping, or stationery supplies offered as of June 23, 2011; or (B) to license other goods, products, or services, the primary purpose of which is to promote and enhance the image or brand of the Postal Service. (7) Nothing in this section shall be construed to prevent the Postal Service from establishing nonpostal products and services that are expressly authorized by chapter 37. . (2) Section 411 The last sentence of section 411 of title 39, United States Code, is amended by striking including reimbursability and inserting including reimbursability within the limitations of chapter 37 . (3) Treatment of existing nonpostal services All individual nonpostal services, provided directly or through licensing, that are continued pursuant to section 404(e) of title 39, United States Code, shall be considered to be expressly authorized by chapter 37 of such title (as added by subsection (a)(1)) and shall be subject to the requirements of such chapter. (4) Repeal of certain limitations on experimental products Section 3641 of title 39, United States Code, is amended— (A) by striking subsections (b), (d), and (e); and (B) by redesignating— (i) subsection (c) as subsection (b); and (ii) subsections (f), (g), (h), and (i) as subsections (c), (d), (e), and (f), respectively. II Postal Service Operational Reforms 201. Performance targets and transparency Subchapter VII of chapter 36 of title 39, United States Code, is amended by inserting after section 3691 the following: 3692. Performance targets and transparency (a) Performance targets Each year, to ensure that mail service for postal customers meets the service standards for market-dominant products, established under section 3691, the Postal Service shall— (1) at least 60 days before the beginning of the fiscal year in which they will apply, establish and provide to the Postal Regulatory Commission reasonable targets for performance; and (2) provide the previous fiscal years’ performance targets in its Annual Compliance Report to the Postal Regulatory Commission for evaluation of compliance. (b) Public performance dashboard (1) In general The Postal Service shall develop and maintain a publicly available Website with an interactive web tool that provides performance information for market-dominant products that is updated on a weekly basis. (2) Performance information The performance information provided on the Website shall include— (A) the type of market-dominant product; (B) geographic area at the nationwide, Area, and District level; (C) time periods showing performance information in annual, quarterly, monthly, and weekly segments; (D) comparisons of performance information for market-dominant products for previous time periods to facilitate identification of performance trends; and (E) the current performance targets and previous fiscal year performance targets, established under subsection (a)(1). (3) Comprehensibility The Website shall include plain language descriptions of the elements required under paragraph (2) and information on the collection process, measurement methodology, completeness, accuracy, and validity of the performance information provided on the Website. (4) Address search functionality The Website shall include functionality to enable a user to search for performance information by street address, ZIP Code, or post office box. (5) Format The performance information provided on the Website shall be made available— (A) in a manner that— (i) presents the information referenced under paragraph (2) on an interactive dashboard; (ii) is searchable and may be sorted and filtered by the elements described in paragraph (2); and (iii) to the extent practicable, enables any person or entity to download in bulk— (I) such performance information; and (II) the results of a search by the elements described in paragraph (2); (B) in an open format that permits any individual or entity to reuse and analyze the performance information; and (C) in a structured data format, to the extent practicable. (6) Consultation The Postal Service shall regularly consult with the Postal Regulatory Commission on appropriate features and information to be included on the Website. (7) Public input The Postal Service shall— (A) solicit public input on the design and implementation of the Website; and (B) maintain a public feedback tool, to ensure features of, and information on, the Website is usable and understandable. (8) Deadline The Website shall be implemented and made available to the public not later than the date on which the performance targets are provided to the Postal Regulatory Commission under subsection (a)(1). (9) Availability A link and plain language description of the Website shall be made available on the website where the performance targets and measurements established under subsection (a)(1) are made available. (10) Reporting The dashboard referred to in paragraph (5)(A)(i) shall be referenced in the Annual Performance Plan under section 2803, the Annual Performance Report under section 2804, and the Annual Report under section 2402. (11) Definitions In this subsection— (A) Performance information The term performance information means the objective external performance measurements established under section 3691(b)(1)(D). (B) Website The term Website means the website described in paragraph (1). . 202. Integrated delivery network Section 101(b) of title 39, United States Code, is amended by inserting before The Postal Service the following: The Postal Service shall maintain an integrated network for the delivery of market-dominant and competitive products (as defined in chapter 36 of this title). Delivery shall occur at least six days a week, except during weeks that include a Federal holiday or in emergency situations, such as natural disasters. . 203. Review of Postal Service cost attribution guidelines Not later than 1 year after the date of enactment of this Act, the Commission shall initiate a review of the regulations issued pursuant to sections 3633(a) and 3652(a)(1) of title 39, United States Code, to determine whether revisions are appropriate to ensure that all direct and indirect costs attributable to competitive and market-dominant products are properly attributed to those products, including by considering the underlying methodologies in determining cost attribution and considering options to revise those methodologies. If the Commission determines, after notice and opportunity for public comment, that revisions are appropriate, the Commission shall make modifications or adopt alternative methodologies as necessary. 204. Rural newspaper sustainability Section 3626(h) of title 39, United States Code, is amended by striking 10 percent and inserting 50 percent . 205. Funding of Postal Regulatory Commission (a) In general Subsection (d) of section 504 of title 39, United States Code, is amended to read as follows: (d) (1) (A) Not later than September 1 of each fiscal year (beginning with fiscal year 2022), the Postal Regulatory Commission shall submit to the Postal Service a budget of the expenses of the Commission, including expenses for facilities, supplies, compensation, and employee benefits, for the following fiscal year. (B) Any budget submitted under subparagraph (A) shall be deemed approved as submitted if the Governors fail to adjust the budget in accordance with paragraph (2). (2) (A) (i) Not later than 30 days after receiving a budget under paragraph (1), the Governors holding office, by unanimous written decision, may adjust the total amount of funding requested in the budget. (ii) Nothing in clause (i) may be construed to authorize the Governors to adjust any activity proposed to be funded by a budget described in that clause. (B) (i) If the Governors adjust a budget under subparagraph (A), the Postal Regulatory Commission shall adjust the suballocations within the budget to reflect the total adjustment made by the Governors. (ii) A budget adjusted under subparagraph (A) shall be deemed approved on the date on which the Commission makes any adjustments required under clause (i) of this subparagraph. (iii) The Commission may make further adjustments to the suballocations within a budget, in addition to the adjustments required under clause (i), as necessary. (3) Expenses incurred under any budget approved under this subsection shall be paid out of the Postal Service Fund established under section 2003. . (b) Conforming amendments Chapter 20 of title 39, United States Code, is amended— (1) in section 2003(e), by striking (B) all expenses of the Postal Regulatory Commission, subject to the availability of amounts appropriated under section 504(d); and inserting (B) all expenses of the Postal Regulatory Commission, in accordance with section 504(d); ; and (2) in section 2009— (A) by striking , (2) and inserting , and (2) ; and (B) by striking , and (3) the Postal Regulatory Commission requests to be appropriated, out of the Postal Service Fund, under section 504(d) of this title . 206. Flats operations study and reform (a) Flats operations study (1) Flats defined In this subsection, the term Flats means products that meet the physical standards described in the Domestic Mail Manual (as in effect on the date of enactment of this Act) for Flats mail for any class of mail. (2) Study The Commission, in consultation with the Inspector General of the Postal Service, shall conduct a study to— (A) comprehensively identify the causes of inefficiencies in the collection, sorting, transportation, and delivery of Flats; and (B) quantify the effects of the volume trends, investment decisions, excess capacity, and operational inefficiencies of the Postal Service on the direct and indirect costs of the Postal Service that are attributable to Flats. (3) Postal Service assistance For the purposes of carrying out the study under paragraph (2), the Postal Service shall, upon request by the Commission, consult with the Commission and provide— (A) access to Postal Service facilities to personnel of the Commission; and (B) information and records necessary to conduct the study. (4) Report Not later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress and the Postmaster General a report on the findings of the study conducted under paragraph (2). (b) Flats operations reform (1) In general Not later than 180 days after the date on which the Commission submits the report under subsection (a)(4), the Postal Service shall— (A) develop and implement a plan to remedy each inefficiency identified in the study conducted under subsection (a)(2) to the extent practicable; and (B) if the Postal Service determines that remedying an inefficiency described in subparagraph (A) is not practicable, provide to Congress and the Commission an explanation for why remedying the inefficiency is not practicable, including whether remedying the inefficiency may become practicable at a later time. (2) Implementation requirements Prior to implementing the plan described in paragraph (1)— (A) the Postal Regulatory Commission must approve the plan; and (B) the Postal Service shall provide an adequate opportunity for public comment on the plan. (3) Completion notice On the date on which the plan required under paragraph (1) is fully implemented, as determined by the Postmaster General, the Postmaster General shall submit to Congress and the Commission a written notice of the implementation. (c) Subsequent rate adjustments During the 5-year period beginning on the date on which the Postmaster General submits the notice under subsection (b)(3), the Postal Service, when making any adjustment to the rate of a market-dominant product (as defined in section 102 of title 39, United States Code), shall consider the findings of the report described in subsection (a)(4) and the efficacy of the plan described in subsection (b)(1) in remedying the inefficiencies identified in the study conducted under subsection (a)(2). 207. Reporting requirements (a) In general Not later than 180 days after the date of enactment of this Act, and every 6 months thereafter, the Postmaster General shall submit to the President, the Commission, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives a report on the operations and financial condition of the Postal Service during the 6-month period ending on the date on which the Postmaster General submits the report. (b) Contents Each report submitted under this section shall include updates, details of changes from previous standards and requirements, and assessments of progress being made on the operations and financial condition of the Postal Service, including— (1) the actual mail and package volume growth relative to any mail or package volume growth projections previously made or relied upon by the Postal Service, including a discussion of the reasons for the differences in projections and the associated adjustments being made in order to accommodate any such differences; (2) the effect of pricing changes on product volume for market-dominant products and competitive products, and associated revenue effects on financial projections, including a discussion of the reasons for the differences in projections and associated adjustments being made; (3) customer use of network distribution centers and processing and distribution centers, and associated costs and revenue effects; (4) the status of, and any substantial programmatic changes to, the USPS Connect program relative to previous plans by the Postal Service, including online sales and customer expectations regarding shipping speeds and shopping preferences relative to projections, as well as associated implementation costs and revenue effects on the financial projections; (5) the use of Priority Mail, Priority Mail Express, First-Class Package Service, and Parcel Select services (as those terms are defined in the Domestic Mail Classification Schedule as in effect on the date of enactment of this Act) among businesses of various sizes, and associated revenue effects; (6) the use of USPS Connect Returns service among customers, and associated implementation costs and revenue effects; (7) the use of USPS E-Commerce Marketplace among customers, and associated implementation costs and revenue effects; (8) updates on the reliability, efficiency, and cost-effectiveness of the transportation network, including the manner in which ground transportation is utilized over air transportation for types of products; (9) a review of efforts to enhance employee training, safety, and wellbeing, including associated effects on employee recruitment, satisfaction, and retention; (10) a review of efforts being made to improve employee allocation, including changes of non-career employees to career status, and any associated impacts on operational expenses and processing, transportation, and delivery efficiency; (11) the rate of planned investment in Postal Service processing, transportation, and delivery equipment and infrastructure for market-dominant products and competitive products, and a review of any associated effects on operational expenses and efficiency; (12) changes to network distribution centers and the expansion of regional distribution centers, including costs associated with the changes and any realized reduction in operational expenses or improved resource efficiencies; (13) a review of the ability of the Postal Service to meet performance targets established under section 3692(a)(1) of title 39, United States Code, as added by section 201 of this Act; (14) a discussion of— (A) the progress of the Postal Service in achieving any new, self-funded investments, including the amounts realized and expended to date; and (B) a discussion of the reasons for any disparities in the assumptions regarding the expected progress of the Postal Service in achieving new, self-funded investments to accommodate changes; and (15) any other information the Postal Service determines relevant, such as barriers or unanticipated events, in order to help the Commission, Congress, the President, and the people of the United States evaluate the success of or difficulties faced by the Postal Service in implementing the reform plan. (c) Confidential information (1) In general The report required under this section shall be submitted in a form that excludes any proprietary or confidential information and trade secrets. (2) Notification If the Postal Service determines that any information must be excluded under paragraph (1), the Postal Service shall, at the time of submitting the report, notify the President, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and the Commission in writing of its determination and describe in detail the information for which confidentiality is sought and the reasons therefor. (3) Annexes The Postal Service shall submit to the persons and entities notified under paragraph (2) any information excluded under paragraph (1) in an annex that shall be treated as confidential in accordance with paragraph (4). (4) Treatment No person may, with respect to any information that the person receives under paragraph (3)— (A) use the information for purposes other than the purposes for which the information is supplied; or (B) permit any person or entity other than a person or entity notified under paragraph (2), or the staff thereof, to have access to the information. (d) Termination This section shall terminate on the date that is 5 years after the date on which the first report required under this section is submitted. 208. Postal Service transportation selection policy revisions Section 101(f) of title 39, United States Code, is amended— (1) by striking prompt and economical and inserting prompt, economical, consistent, and reliable ; (2) by inserting after all mail the following: in a manner that increases operational efficiency and reduces complexity ; (3) by inserting cost-effective after to achieve ; and (4) by inserting also after Nation shall . 209. USPS Inspector General oversight of Postal Regulatory Commission (a) In general Section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (a)(2), by striking the Postal Regulatory Commission, ; and (2) in subsection (f)(2)— (A) by striking (2) In carrying and inserting (2)(A) In carrying ; and (B) by adding at the end the following: (B) In carrying out the duties and responsibilities specified in this Act, the Inspector General shall function as the Inspector General for the Postal Regulatory Commission, and shall have equal responsibility over the Commission and the United States Postal Service. The Commission shall comply with the oversight of the Inspector General as if the Commission were a designated Federal entity under subsection (a)(2). . (b) Savings provision (1) Legal documents Any order, determination, rule, regulation, permit, grant, loan, contract, agreement, certificate, license, or privilege that has been issued, made, granted, or allowed to become effective that is in effect on the effective date of this section shall continue in effect according to its terms until modified, terminated, superseded, set aside, or revoked in accordance with law. (2) Proceedings This section and the amendments made by this section shall not affect any proceeding pending on the effective date of this section before an office transferred by either such subsection, but such proceeding shall be continued. Nothing in this paragraph shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section or such amendments had not been enacted. (3) Suits This section and the amendments made by this section shall not affect any suit commenced before the effective date of this section, and in any such suit, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section and those amendments had not been enacted. (4) References Any reference in any other Federal law, Executive order, rule, regulation, delegation of authority, or document to the Inspector General of the Postal Regulatory Commission shall be deemed to refer to the Inspector General of the Postal Service. (c) Technical and conforming amendment Section 504 of title 39, United States Code, is amended by striking subsection (h). (d) Effective date This section and the amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1720is/xml/BILLS-117s1720is.xml |
117-s-1721 | II 117th CONGRESS 1st Session S. 1721 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to require the impaneling of a new jury if a jury fails to recommend by unanimous vote a sentence for conviction of a crime punishable by death.
1. Short title This Act may be cited as Eric’s Law . 2. Requirement to impanel a new jury in certain cases (a) Additional ground for impaneling jury Section 3593(b)(2) of title 18, United States Code, is amended— (1) in subparagraph (C), by striking or at the end; and (2) by adding at the end the following: (E) a new special hearing is required pursuant to subsection (g); or . (b) Impaneling of new jury when jury does not reach a unanimous recommendation Section 3593 of title 18, United States Code, is amended by adding at the end the following: (g) Special rule when jury does not return a unanimous recommendation (1) In general If a jury described in subsection (b)(1) or subparagraphs (A) through (D) of subsection (b)(2) does not, by unanimous vote, make a recommendation whether the defendant should be sentenced to death, to life imprisonment without possibility of release, or some other lesser sentence pursuant to subsection (e), the court, upon motion of the attorney for the government, shall order a new special hearing and impanel a new jury pursuant to subsection (b). (2) Imposition of sentence If the jury impaneled pursuant to paragraph (1) does not reach a unanimous recommendation as to sentence, the court shall impose a sentence other than death authorized by law. . | https://www.govinfo.gov/content/pkg/BILLS-117s1721is/xml/BILLS-117s1721is.xml |
117-s-1722 | II 117th CONGRESS 1st Session S. 1722 IN THE SENATE OF THE UNITED STATES May 19, 2021 Mr. Cruz (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 212 of the Immigration and Nationality Act to ensure that efforts to engage in espionage or technology transfer are considered in visa issuance, and for other purposes.
1. Short title This Act may be cited as the Protecting America From Spies Act . 2. Expanding inadmissibility on security and related grounds (a) In general Section 212(a)(3)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(A) ) is amended to read as follows: (A) In general Any alien is inadmissible if a consular officer or the Secretary of Homeland Security knows, or has reasonable ground to believe, that the alien— (i) engages, has engaged, or will engage in any activity— (I) in violation of any law of the United States relating to espionage or sabotage; or (II) that would violate any law of the United States relating to espionage or sabotage if the activity occurred in the United States; (ii) engages, has engaged, or will engage in any activity in violation or evasion of any law prohibiting the export from the United States of goods, technology, or sensitive information; (iii) seeks to enter the United States to engage solely, principally, or incidentally in any other unlawful activity; (iv) seeks to enter the United States to engage solely, principally, or incidentally in any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means; or (v) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years. . (b) Waiver authority Section 212(d)(3)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(3)(A) ) is amended by striking (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection) each place such phrase appears and inserting (other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection) . | https://www.govinfo.gov/content/pkg/BILLS-117s1722is/xml/BILLS-117s1722is.xml |
117-s-1723 | II 117th CONGRESS 1st Session S. 1723 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Manchin (for himself, Mr. Romney , Ms. Klobuchar , Ms. Baldwin , Mr. King , Ms. Warren , Mrs. Shaheen , Ms. Hassan , Mr. Blumenthal , Ms. Smith , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish a stewardship fee on the production and importation of opioid pain relievers, and for other purposes.
1. Short title This Act may be cited as the Budgeting for Opioid Addiction Treatment Act . 2. Stewardship fee on opioid pain relievers (a) In general Chapter 32 of the Internal Revenue Code of 1986 is amended by inserting after subchapter D the following new subchapter: E Certain opioid pain relievers Sec. 4191. Opioid pain relievers. 4191. Opioid pain relievers (a) In general There is hereby imposed on the sale of any active opioid by the manufacturer, producer, or importer a fee equal to 1 cent per milligram so sold. (b) Active opioid For purposes of this section— (1) In general The term active opioid means any controlled substance (as defined in section 102 of the Controlled Substances Act, as in effect on the date of the enactment of this section) which is opium, an opiate, or any derivative thereof. (2) Exclusion for certain prescription medications Such term shall not include any prescribed drug which is used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. (3) Exclusion of other ingredients In the case of a product that includes an active opioid and another ingredient, subsection (a) shall apply only to the portion of such product that is an active opioid. . (b) Clerical amendment The table of subchapters for chapter 32 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter D the following new item: Subchapter E. Certain opioid pain relievers . (c) Effective date The amendments made by this section shall apply to sales on or after the later of— (1) the date which is 1 year after the date of the enactment of this Act; or (2) the date on which the Secretary of Health and Human Services establishes the mechanism described in subsection (d)(1). (d) Rebate or discount program for certain cancer and hospice patients (1) In general The Secretary of Health and Human Services, in consultation with patient advocacy groups and other relevant stakeholders as determined by such Secretary, shall establish a mechanism by which— (A) any amount paid by an eligible patient in connection with the stewardship fee under section 4191 of the Internal Revenue Code of 1986 (as added by this section) shall be rebated to such patient in as timely a manner as possible, or (B) amounts paid by an eligible patient for active opioids (as defined in section 4191(b) of such Code) are discounted at time of payment or purchase to ensure that such patient does not pay any amount attributable to such fee, with as little burden on the patient as possible. The Secretary shall choose whichever of the options described in subparagraph (A) or (B) is, in the Secretary's determination, most effective and efficient in ensuring eligible patients face no economic burden from such fee. (2) Eligible patient For purposes of this subsection, the term eligible patient means— (A) a patient for whom any active opioid (as so defined) is prescribed to treat pain relating to cancer or cancer treatment; (B) a patient participating in hospice care; (C) a patient with respect to whom the prescriber of the applicable opioid determines that other non-opioid pain management treatments are inadequate or inappropriate; and (D) in the case of the death or incapacity of a patient described in subparagraph (A), (B), or (C), or any similar situation as determined by the Secretary of Health and Human Services, the appropriate family member, medical proxy, or similar representative or the estate of such patient. 3. Block grants for prevention and treatment of substance abuse (a) Grants to States Section 1921(b) of the Public Health Service Act ( 42 U.S.C. 300x–21(b) ) is amended by inserting , and, as applicable, for carrying out section 1923A before the period. (b) Nonapplicability of prevention program provision Section 1922(a)(1) of the Public Health Service Act ( 42 U.S.C. 300x–22(a)(1) ) is amended by inserting except with respect to amounts made available as described in section 1923A, before will expend . (c) Opioid treatment programs Subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq.) is amended by inserting after section 1923 the following: 1923A. Additional substance abuse treatment programs A funding agreement for a grant under section 1921 is that the State involved shall provide that any amounts made available by any increase in revenues to the Treasury in the previous fiscal year resulting from the enactment of section 4191 of the Internal Revenue Code of 1986, reduced by any amounts rebated or discounted under section 2(d) of the Budgeting for Opioid Addiction Treatment Act (as described in section 1933(a)(1)(B)(i)) be used exclusively for substance abuse (including opioid abuse) treatment efforts in the State, including— (1) treatment programs— (A) establishing new addiction treatment facilities, residential and outpatient, including covering capital costs; (B) establishing sober living facilities; (C) recruiting and increasing reimbursement for certified mental health providers providing substance abuse treatment in medically underserved communities or communities with high rates of prescription drug abuse; (D) expanding access to long-term, residential treatment programs for opioid addicts (including 30-, 60-, and 90-day programs); (E) establishing or operating support programs that offer employment services, housing, and other support services to help recovering addicts transition back into society; (F) establishing or operating housing for children whose parents are participating in substance abuse treatment programs, including capital costs; (G) establishing or operating facilities to provide care for babies born with neonatal abstinence syndrome, including capital costs; and (H) other treatment programs, as the Secretary determines appropriate; and (2) recruitment and training of substance use disorder professionals to work in rural and medically underserved communities. . (d) Additional funding Section 1933(a)(1)(B)(i) of the Public Health Service Act ( 42 U.S.C. 300x–33(a)(1)(B)(i) ) is amended by inserting , plus any increase in revenues to the Treasury in the previous fiscal year resulting from the enactment of section 4191 of the Internal Revenue Code of 1986, reduced by any amounts rebated or discounted under section 2(d) of the Budgeting for Opioid Addiction Treatment Act before the period. 4. Report Not later than 2 years after the date described in section 2(c), the Secretary of Health and Human Services shall submit to Congress a report on the impact of the amendments made by sections 2 and 3 on— (1) the retail cost of active opioids (as defined in section 4191 of the Internal Revenue Code of 1986, as added by section 2); (2) patient access to such opioids, particularly cancer and hospice patients, including the effect of the discount or rebate on such opioids for cancer and hospice patients under section 2(d); (3) how the increase in revenue to the Treasury resulting from the enactment of section 4191 of the Internal Revenue Code of 1986 is used to improve substance abuse treatment efforts in accordance with section 1923A of the Public Health Service Act (as added by section 3); and (4) suggestions for improving— (A) access to opioids for cancer and hospice patients; and (B) substance abuse treatment efforts under such section 1923A. | https://www.govinfo.gov/content/pkg/BILLS-117s1723is/xml/BILLS-117s1723is.xml |
117-s-1724 | II 117th CONGRESS 1st Session S. 1724 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Grassley (for himself, Mr. Cornyn , Mr. Rubio , Mr. Young , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Foreign Agents Registration Act of 1938 to provide the Attorney General with greater authority to promote enforcement of disclosure requirements for agents of foreign principals, and for other purposes.
1. Short title This Act may be cited as the Foreign Agents Disclosure and Registration Enhancement Act of 2021 . 2. Authorizing the Attorney General to issue civil investigative demands to promote enforcement of disclosure requirements for agents of foreign principals The Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq.) is amended— (1) by redesignating sections 9 through 14 as sections 10 through 15; and (2) by inserting after section 8 the following: 9. Civil investigative demands concerning registration of agents of foreign principals (a) Authority of the Attorney General (1) Authority described Whenever the Attorney General or the Attorney General’s designee has reason to believe that any person may be in possession, custody, or control of any documentary material, or may have any information, relevant to an investigation under this Act, the Attorney General or designee may, prior to the institution of a civil or criminal proceeding by the United States thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such documentary material for inspection and copying or reproduction, to answer in writing written interrogatories with respect to such documentary material or information, to give oral testimony concerning such documentary material or information, or to furnish any combination of such material, answers, or testimony. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General or designee shall cause to be served, in any manner authorized by this section, a copy of such demand upon the person from whom the discovery was obtained and notify the person to whom such demand is issued of the date on which such copy was served. (2) Limiting individuals who may serve as designees The Attorney General may not designate any individual other than the Assistant Attorney General for National Security or a Deputy Attorney General to carry out the authority provided under this section. (b) Contents and deadlines (1) In general Each demand issued under subsection (a) shall— (A) state the nature of the conduct constituting the alleged violation of this Act that is under investigation and the provision of this Act alleged to be violated; (B) if such demand is for the production of documentary material— (i) describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; (ii) prescribe a return date for each such class which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and (iii) identify the custodian to whom such material shall be made available; (C) if such demand is for answers to written interrogatories— (i) set forth with specificity the written interrogatories to be answered; (ii) prescribe dates at which time answers to written interrogatories shall be submitted; and (iii) identify the custodian to whom such answers shall be submitted; and (D) if such demand is for the giving of oral testimony— (i) prescribe a date, time, and place at which oral testimony shall be commenced; (ii) identify an investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted; (iii) specify that such attendance and testimony are necessary to the conduct of the investigation; (iv) notify the person receiving the demand of the right to be accompanied by an attorney and any other representative; and (v) describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand. (2) Product of discovery Any civil investigative demand issued under this section that is an express demand for any product of discovery shall not be returned or returnable until 20 days after a copy of such demand has been served upon the person from whom the discovery was obtained. (3) Date The date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued under subsection (a) shall be a date that is not less than 7 days after the date on which demand is received, unless the Attorney General or the Attorney General’s designee determines that exceptional circumstances are present which warrant the commencement of such testimony within a lesser period of time. (4) Notification The Attorney General shall not authorize the issuance under this section of more than 1 civil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation, notifies that person in writing that an additional demand for oral testimony is necessary. (c) Protected material or information (1) In general A civil investigative demand issued under subsection (a) may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be protected from disclosure under— (A) the standards applicable to subpoenas or subpoenas duces tecum issued by a court of the United States in aid of a grand jury investigation; or (B) the standards applicable to discovery requests under the Federal Rules of Civil Procedure, to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this Act. (2) Effect on other orders, rules, and laws Any such demand that is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this Act) preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand does not constitute a waiver of any right or privilege, including without limitation any right or privilege which may be invoked to resist discovery of trial preparation materials, to which the person making such disclosure may be entitled. (d) Service; jurisdiction (1) By whom served Any civil investigative demand issued under subsection (a) may be served by an appropriate investigator, or by a United States marshal or deputy marshal, at any place within the territorial jurisdiction of any court of the United States. (2) Service in foreign nations Any such demand or petition filed under subsection (k) may be served upon any person who is not to be found within the territorial jurisdiction of any court of the United States, in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To the extent that the courts of the United States can assert jurisdiction over any such person consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this Act by any such person that such court would have if such person were personally within the jurisdiction of such court. (e) Service upon legal entities and natural persons (1) Legal entities Service of any civil investigative demand issued under subsection (a) or of any petition filed under subsection (k) may be made upon a partnership, corporation, association, or other legal entity by— (A) delivering a duly executed copy of such demand or petition to any partner, executive officer, managing agent, or general agent of the partnership, corporation, association, or entity, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; (B) delivering a duly executed copy of such demand or petition to the principal office or place of business of the partnership, corporation, association, or entity to be served; or (C) depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, duly addressed to such partnership, corporation, association, or entity at its principal office or place of business. (2) Natural persons Service of any such demand or petition may be made upon any natural person by— (A) delivering a duly executed copy of such demand or petition to the person to be served; or (B) depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, duly addressed to such person at the person’s residence or principal office or place of business. (f) Proof of service A verified return by the individual serving any civil investigative demand under subsection (a) or any petition filed under subsection (k) setting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand. (g) Documentary material (1) Sworn certificates The production of documentary material in response to a civil investigative demand served pursuant to this section shall be made under a sworn certificate, in such form as the demand designates, by— (A) in the case of a natural person, the person to whom the demand is directed; or (B) in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person, to the effect that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the custodian. (2) Production of materials Any person upon whom any civil investigative demand for the production of documentary material has been served under this section shall make such material available for inspection and copying to the investigator identified in such demand at the principal place of business of such person, or at such other place as the investigator and the person thereafter may agree and prescribe in writing, or as the court may direct under subsection (k)(1). Such material shall be made so available on the return date specified in such demand, or on such later date as the investigator may prescribe in writing. Such person may, upon written agreement between the person and the investigator, substitute copies for originals of all or any part of such material. (h) Interrogatories (1) Answers Each interrogatory in a civil investigative demand served pursuant to this section shall be answered separately and fully in writing under oath, and it shall be submitted under a sworn certificate, in such form as the demand designates, by— (A) in the case of a natural person, the person to whom the demand is directed; or (B) in the case of a person other than a natural person, the person or persons responsible for answering each interrogatory. (2) Contents of certificates The certificate submitted under paragraph (1) shall state that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. (3) Objections If any interrogatory is objected to, the reasons for the objection shall be stated in the certificate instead of an answer. (i) Oral examinations (1) Procedures The examination of any person pursuant to a civil investigative demand for oral testimony served under this section shall be taken before an officer authorized to administer oaths and affirmations by the laws of the United States or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness on oath or affirmation and shall personally, or by someone acting under the direction of the officer and in the officer’s presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. This subsection shall not preclude the taking of testimony by any means authorized by, and in a manner consistent with, the Federal Rules of Civil Procedure. (2) Persons present The investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the Government, any person who may be agreed upon by the attorney for the Government and the person giving the testimony, the officer before whom the testimony is to be taken, and any stenographer taking such testimony. (3) Where testimony taken The oral testimony of any person taken pursuant to a civil investigative demand served under this section shall be taken in the judicial district of the United States within which such person resides, is found, or transacts business, or in such other place as may be agreed upon by the investigator conducting the examination and such person. (4) Transcript of testimony When the testimony is fully transcribed, the investigator or the officer before whom the testimony is taken shall afford the witness (who may be accompanied by counsel) a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer or the investigator with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within 30 days after being afforded a reasonable opportunity to examine it, the officer or the investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reason, if any, given therefor. (5) Certification and delivery to custodian The officer before whom the testimony is taken shall certify on the transcript that the witness was duly sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or investigator shall promptly deliver it or send it by registered or certified mail to the custodian. (6) Furnishing or inspection of transcript by witness Upon payment of reasonable charges therefor, the investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General, or the Attorney General’s designee in accordance with this Act, may for good cause limit such witness to inspection of the official transcript of the witness’s testimony. (7) Conduct of oral testimony (A) In general Any person compelled to appear for oral testimony under a civil investigative demand issued under subsection (a) may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the district court of the United States under subsection (k)(1) for an order compelling such person to answer such question. (B) Compelled testimony If such person refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with the provisions of part V of title 18, United States Code. (8) Witness fees and allowances Any person appearing for oral testimony under a civil investigative demand issued under subsection (a) shall be entitled to the same fees and allowances which are paid to witnesses in the district courts of the United States. (j) Custodians of documents, answers, and transcripts (1) Designation The Attorney General, or designee in accordance with this Act, shall designate an investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this section, and shall designate such additional investigators as the Attorney General determines from time to time to be necessary to serve as deputies of the custodian. (2) Responsibility for materials; disclosure (A) In general An investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this section shall transmit them to the custodian. The custodian shall take physical possession of such material, answers, or transcripts and shall be responsible for the use made of them and for the return of documentary material under paragraph (4). (B) Preparation The custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any investigator, or other officer or employee of the Department of Justice. Such material, answers, and transcripts may be used by any such authorized investigator or other officer or employee in connection with the taking of oral testimony under this section. (C) No examination Except as otherwise provided in this subsection, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the custodian, shall be available for examination by any individual other than an investigator or other officer or employee of the Department of Justice authorized under subparagraph (B). The prohibition in the preceding sentence on the availability of material, answers, or transcripts shall not apply if consent is given by the person who produced such material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such material, consent is given by the person from whom the discovery was obtained. Nothing in this subparagraph is intended to prevent disclosure to the Congress, including any committee or subcommittee of the Congress, or to any other agency of the United States for use by such agency in furtherance of its statutory responsibilities. (D) Examination by certain persons While in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe— (i) documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by a representative of that person authorized by that person to examine such material and answers; and (ii) transcripts of oral testimony shall be available for examination by the person who produced such testimony, or by a representative of that person authorized by that person to examine such transcripts. (3) Use of material, answers, or transcripts in other proceedings Whenever any attorney of the Department of Justice has been designated to appear before any court, grand jury, or Federal agency in any case or proceeding, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony received under this section may deliver to such attorney such material, answers, or transcripts for official use in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such material, answers, or transcripts so delivered that have not passed into the control of such court, grand jury, or agency through the introduction thereof into the record of such case or proceeding. (4) Conditions for return of material If any documentary material has been produced by any person in the course of any investigation pursuant to a civil investigative demand under this section, and— (A) any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any Federal agency involving such material, has been completed; or (B) no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation, the custodian shall, upon written request of the person who produced such material, return to such person any such material (other than copies furnished to the investigator under subsection (g)(2) or made for the Department of Justice under paragraph (2)(B) of this subsection) that has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding. (5) Appointment of successor custodians (A) In general In the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced pursuant to a civil investigative demand under this section, or in the event of the official relief of such custodian from responsibility for the custody and control of such material, answers, or transcripts, the Attorney General or the Attorney General’s designee in accordance with this Act shall promptly— (i) designate another investigator to serve as custodian of such material, answers, or transcripts; and (ii) transmit in writing to the person who produced such material, answers, or testimony notice of the identity and address of the successor so designated. (B) Successor Any person who is designated to be a successor under this paragraph shall have, with regard to such material, answers, or transcripts, the same duties and responsibilities as were imposed by this section upon the predecessor in office of that person, except that the successor shall not be held responsible for any default or dereliction that occurred before that designation. (k) Judicial proceedings (1) Petition for enforcement Whenever any person fails to comply with any civil investigative demand issued under subsection (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of the civil investigative demand. (2) Petition to modify or set aside demand (A) In general Any person who has received a civil investigative demand issued under subsection (a) may file, in the district court of the United States for the judicial district in which such person resides, is found, or transacts business, and serve upon the investigator identified in such demand a petition for an order of the court to modify or set aside such demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this subparagraph must be filed— (i) within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier; or (ii) within such longer period as may be prescribed in writing by any investigator identified in the demand. (B) Grounds for relief The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A), and may be based upon any failure of the demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside. (3) Petition to modify or set aside demand for product of discovery (A) In general In the case of any civil investigative demand issued under subsection (a) that is an express demand for any product of discovery, the person from whom such discovery was obtained may file, in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any investigator identified in the demand and upon the recipient of the demand, a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subparagraph must be filed— (i) within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier; or (ii) within such longer period as may be prescribed in writing by any investigator identified in the demand. (B) Grounds for relief The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A), and may be based upon any failure of the portions of the demand from which relief is sought to comply with the provisions of this section, or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand. (4) Petition to require performance by custodian of duties At any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral testimony given, by any person in compliance with any civil investigative demand issued under subsection (a), such person, and in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file, in the district court of the United States for the judicial district in which the office of such custodian is situated, and serve upon such custodian, a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this section. (5) Jurisdiction Whenever any petition is filed in any district court of the United States under this subsection, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this section. Any final order so entered shall be subject to appeal under section 1291 of title 28, United States Code. Any disobedience of any final order entered under this section by any court shall be punished as a contempt of the court. (6) Applicability of federal rules of civil procedure The Federal Rules of Civil Procedure shall apply to any petition under this subsection, to the extent that such rules are not inconsistent with the provisions of this section. (l) Disclosure exemption Any documentary material, answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under subsection (a) shall be exempt from disclosure under section 552 of title 5, United States Code, as described in subsection (b)(3) of such section. (m) Definitions In this section— (1) the term custodian means the custodian, or any deputy custodian, designated by the Attorney General under subsection (j)(1); (2) the term documentary material includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery; (3) the term investigation means any inquiry conducted for the purpose of ascertaining whether any person is or has been engaged in any violation of this Act; (4) the term investigator means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect this Act, or any officer or employee of the United States acting under the direction and supervision of such attorney or investigator in connection with an investigation; (5) the term official use means any use that is consistent with the law, and the regulations and policies of the Department of Justice, including use in connection with internal Department of Justice memoranda and reports; communications between the Department of Justice and a Federal, State, or local government agency, or a contractor of a Federal, State, or local government agency, undertaken in furtherance of a Department of Justice investigation or prosecution of a case; oral examinations; depositions; preparation for and response to civil discovery requests; introduction into the record of a case or proceeding; applications, motions, memoranda and briefs submitted to a court or other tribunal; and communications with Government investigators, auditors, consultants and experts, the counsel of other parties, arbitrators and mediators, concerning an investigation, case or proceeding; and (6) the term product of discovery includes— (A) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; (B) any digest, analysis, selection, compilation, or derivation of any item listed in subparagraph (A); and (C) any index or other manner of access to any item listed in subparagraph (A). (n) Sunset The authority of the Attorney General to issue a civil investigative demand under this section shall expire upon the expiration of the 5-year period that begins on the date of enactment of this section. . 3. Foreign agents registration criminal enforcement (a) Increased criminal penalties Section 8 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 618 ) is amended— (1) in subsection (a)(2)— (A) by striking $10,000 and inserting $200,000 ; (B) by striking five and inserting 5 ; (C) by striking (g) or (h) and inserting (g), (h), or (i) ; (D) by striking $5,000 and inserting $15,000 ; and (E) by striking six and inserting 6 ; and (2) by adding at the end the following new subsection: (i) Congressional notification (1) Offense It shall be unlawful for any agent of a foreign principal registered under this Act to willfully fail to disclose before or during any meeting with a Member of Congress or a member of the staff of a Member or committee of Congress that the agent of the foreign principal is registered under this Act. (2) Definition In this subsection, the term Member of Congress has the meaning given the term in section 3 of the Lobbying and Disclosure Act of 1995 ( 2 U.S.C. 1602 ). . 4. Foreign agents registration civil enforcement Section 8 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 618 ), as amended by section 3 of this Act, is amended by adding at the end the following: (j) Civil enforcement (1) Civil penalties (A) Registration statements (i) In general Any person who is required to register under this Act and fails to file a timely or complete registration statement required under section 2(a) shall be subject to a civil fine of not more than $10,000 for each violation, without regard to the state of mind of the person. (ii) No fines paid by foreign principals If a person is subject to a civil fine under clause (i), the civil fine may not be paid, directly or indirectly, by a foreign principal. (B) Supplements Any person who is required to file a supplement to a registration statement under section 2(b) and fails to file a timely or complete supplement required under that section shall be subject to a civil fine of not more than $1,000 for each violation, without regard to the state of mind of the person. (C) Failure to remedy deficient filings Any person who is required to file a registration statement under this Act, receives notice under subsection (g) that the registration statement filed by the person is deficient, and knowingly fails to remedy the deficiency within 60 days after receiving the notice shall, upon proof by a preponderance of the evidence of such knowing failure to remedy the deficiency, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation. (D) Other violations Any person who knowingly fails to comply with any other provision of this Act shall, upon proof by a preponderance of the evidence of such knowing failure to comply, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation. (2) Use of fines All fines collected under this subsection shall be used to defray the cost of enforcing this Act. . 5. Comprehensive strategy to improve enforcement and administration (a) Development of comprehensive strategy Not later than 120 days after the date of enactment of this Act, the Attorney General shall develop and implement a comprehensive strategy to improve the enforcement and administration of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq.), as amended by this Act, that addresses the following issues: (1) The coordination and integration of the work of the agencies that perform investigations and bring actions (including criminal prosecutions) to enforce the Foreign Agents Registration Act of 1938 with the overall national security efforts of the Department of Justice. (2) A formal cost-benefit analysis of the appropriateness of the fee structure under the Foreign Agents Registration Act of 1938. (3) An assessment of the appropriateness of the exemptions under section 3 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 613 ) that permit persons who represent the interests of foreign principals to avoid registering under that Act. (4) Ensuring regular and ongoing proactive public access to advisory opinions as an informational and oversight resource. (b) Review and report by the Inspector General Not later than 1 year after the date on which the Attorney General implements the comprehensive strategy, the Inspector General of the Department of Justice shall carry out a review of and submit a report to the appropriate committees of Congress on— (1) the extent to which the Attorney General has developed and implemented the comprehensive strategy; and (2) the usage, effectiveness, and any potential abuse of the authority granted to the Attorney General to issue civil investigative demands under section 9 of the Foreign Agents Registration Act of 1938, as added by section 2 of this Act. (c) Annual reports by the Attorney General (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Attorney General, in consultation with the Assistant Attorney General for National Security, shall submit a report to the appropriate committees of Congress detailing the usage, during the year preceding the date on which the report is submitted, of the authority granted to the Attorney General to issue civil investigative demands under section 9 of the Foreign Agents Registration Act of 1938, as added by section 2 of this Act, including, with respect to the year for which the report is submitted— (A) the number of civil investigative demands issued by the Attorney General; (B) with respect to each civil investigative demand issued by the Attorney General, a description of— (i) the nature of the conduct constituting the alleged violation of the Foreign Agents Registration Act of 1938 that was under investigation; (ii) the provision of that Act alleged to have been violated; (iii) the nature of any documentary material, answers to interrogatories, or oral testimony sought through the civil investigative demand; and (iv) a description of the results of the civil investigative demand, including whether, after the Attorney General issued the civil investigative demand and as a result of the civil investigative demand, the Attorney General filed charges against any person relating to an alleged violation of that Act, regardless of whether the charges were filed against the person to whom the civil investigative demand was issued; (C) with respect to petitions for orders for the enforcement of civil investigative demands under section 9(k)(1) of the Foreign Agents Registration Act of 1938— (i) the number of petitions that the Attorney General filed in district courts of the United States; and (ii) with respect to each petition, a detailed description of the circumstances that led the Attorney General to file the petition; and (D) any other information relating to the use of such authority that the Attorney General determines to be relevant. (2) Interests of uncharged third parties In preparing each report under paragraph (1), with respect to reporting information described in clauses (i) and (ii) of paragraph (1)(B), the Attorney General shall give due regard to protecting the interests of uncharged third parties. (d) Report relating to electronic filing In the annual report submitted by the Attorney General under subsection (c) for the year that is 2 years after the date of enactment of this Act, the Attorney General, in consultation with the Assistant Attorney General for National Security, shall include information relating to steps that can be taken in order to permit electronic filing by registrants of all information required to be filed under the Foreign Agent Registration Act of 1938 ( 22 U.S.C. 611 et seq.) in order to convert the website database that contains that information and is maintained by the Foreign Agents Registration Unit of the Counterintelligence and Export Control Section in the National Security Division of the Department of Justice to a fully searchable, sortable, and downloadable format. 6. Analysis by the Government Accountability Office Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) carry out an analysis of the effectiveness of the enforcement and administration of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq.), as amended by this Act— (A) including the extent to which the amendments made by this Act have improved the enforcement and administration of the Foreign Agents Registration Act of 1938; and (B) taking into consideration the comprehensive strategy; and (2) submit the analysis carried out under paragraph (1) to— (A) the Attorney General; (B) the Inspector General of the Department of Justice; and (C) the appropriate committees of Congress. 7. Audit of the Lobbying Disclosure Act exemption under the Foreign Agents Registration Act of 1938 Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Attorney General and the Inspector General of the Department of Justice, shall— (1) conduct a comprehensive audit of the use of the Lobbying Disclosure Act exemption, which shall include, at minimum, an examination of— (A) whether the Lobbying Disclosure Act exemption is operating as the Lobbying Disclosure Act exemption was originally intended to operate; (B) whether, since the date of enactment of the Lobbying Disclosure Act of 1995, the Lobbying Disclosure Act exemption has contributed to— (i) a decline in the number of registrations filed under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq.); or (ii) a decline in public awareness of the lobbying activities carried out on behalf of foreign principals; and (C) whether the Lobbying Disclosure Act exemption creates or increases opportunities for the knowing misuse or abuse of, or the negligent failure to comply with, Federal lobbying registration and disclosure requirements; (2) develop policy recommendations to improve oversight of and compliance with Federal lobbying registration and disclosure requirements; and (3) submit a report to the appropriate committees of Congress that contains— (A) the results of the audit conducted under paragraph (1); and (B) the recommendations developed under paragraph (2). 8. Definitions In this Act— (1) the term appropriate committees of Congress means— (A) the Committees on the Judiciary and Foreign Relations of the Senate; and (B) the Committee on the Judiciary of the House of Representatives; (2) the term comprehensive strategy means the comprehensive strategy to improve the enforcement and administration of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq.) developed and implemented by the Attorney General under section 5(a); (3) the terms documentary material and investigation have the meanings given those terms in section 9 of the Foreign Agents Registration Act of 1938, as added by section 2 of this Act; (4) the term Foreign Agents Registration Act of 1938 means the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq.); (5) the term foreign principal has the meaning given the term in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ); and (6) the term Lobbying Disclosure Act exemption means the exemption under section 3(h) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 613(h) ). 9. Effective date The amendments made by this Act shall take effect on the date that is 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1724is/xml/BILLS-117s1724is.xml |
117-s-1725 | II 117th CONGRESS 1st Session S. 1725 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Rounds (for himself, Mr. Luján , Mr. Thune , Mr. Rubio , Mr. Sullivan , Mr. Inhofe , Mr. Cramer , Mr. Daines , Mr. Cassidy , and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To grant a Federal charter to the National American Indian Veterans, Incorporated.
1. Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated (a) In general Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following: 1504 National American Indian Veterans, Incorporated Sec. 150401. Organization. 150402. Purposes. 150403. Membership. 150404. Board of directors. 150405. Officers. 150406. Nondiscrimination. 150407. Powers. 150408. Exclusive right to name, seals, emblems, and badges. 150409. Restrictions. 150410. Duty to maintain tax-exempt status. 150411. Records and inspection. 150412. Service of process. 150413. Liability for acts of officers and agents. 150414. Failure to comply with requirements. 150415. Annual report. 150401 Organization The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter the corporation ), is a federally chartered corporation. 150402. Purposes The purposes of the corporation are those stated in the articles of incorporation, constitution, and bylaws of the corporation, and include a commitment— (1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian Nations; (2) to unite under one body all American Indian veterans who served in the Armed Forces of United States; (3) to be an advocate on behalf of all American Indian veterans without regard to whether they served during times of peace, conflict, or war; (4) to promote social welfare (including educational, economic, social, physical, and cultural values and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; (5) to serve as an advocate for the needs of American Indian veterans and their families and survivors in their dealings with all Federal and State government agencies; (6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between American Indian veterans and American society; and (7) to provide technical assistance to the Bureau of Indian Affairs regional areas that are not served by any veterans committee or organization or program by— (A) providing outreach service to Indian Tribes in need; and (B) training and educating Tribal Veterans Service Officers for Indian Tribes in need. 150403. Membership Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. 150404. Board of directors Subject to section 150406, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated. 150405. Officers Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. 150406. Nondiscrimination In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. 150407. Powers The corporation shall have only those powers granted the corporation through its articles of incorporation, constitution, and bylaws, which shall conform to the laws of the jurisdiction under which the corporation is incorporated. 150408. Exclusive right to name, seals, emblems, and badges (a) In general The corporation shall have the sole and exclusive right to use the names National American Indian Veterans, Incorporated and National American Indian Veterans , and such seals, emblems, and badges as the corporation may lawfully adopt. (b) Effect Nothing in this section interferes or conflicts with any established or vested rights. 150409. Restrictions (a) Stock and dividends The corporation may not— (1) issue any shares of stock; or (2) declare or pay any dividends. (b) Distribution of income or assets (1) In general The income or assets of the corporation may not— (A) inure to any person who is a member, officer, or director of the corporation; or (B) be distributed to any such person during the life of the charter granted by this chapter. (2) Effect Nothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. (c) Loans The corporation may not make any loan to any officer, director, member, or employee of the corporation. (d) No federal endorsement The corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation. 150410. Duty to maintain tax-exempt status The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986. 150411. Records and inspection (a) Records The corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and (3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. (b) Inspection (1) In general All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. (2) Effect Nothing in this section contravenes— (A) the laws of the jurisdiction under which the corporation is incorporated; or (B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. 150412. Service of process With respect to service of process, the corporation shall comply with the laws of— (1) the jurisdiction under which the corporation is incorporated; and (2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. 150413. Liability for acts of officers and agents The corporation shall be liable for the acts of the officers and agents of the corporation acting within the scope of their authority. 150414. Failure to comply with requirements If the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. 150415. Annual report (a) In general The corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year. (b) Submittal date Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b). (c) Report not public document No annual report under this section shall be printed as a public document. . (b) Clerical amendment The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: 1504. National American Indian Veterans, Incorporated 150401 . | https://www.govinfo.gov/content/pkg/BILLS-117s1725is/xml/BILLS-117s1725is.xml |
117-s-1726 | II 117th CONGRESS 1st Session S. 1726 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 83 of title 41, United States Code (popularly referred to as the Buy American Act) and certain other laws with respect to certain waivers under those laws, to provide greater transparency regarding exceptions to domestic sourcing requirements, and for other purposes.
1. Short title This Act may be cited as the 21st Century Buy American Act . 2. Increase of domestic content percentage to 60 percent Section 8301 of title 41, United States Code, is amended by adding at the end the following new paragraph: (3) Substantially all Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 60 percent of the total cost of all components of such articles, materials, or supplies. . 3. Criteria required for use of overseas exception Section 8302 of title 41, United States Code, is amended by adding at the end the following new subsection: (c) Criteria for use of overseas exception (1) In general The exception under subsection (a)(2)(A) for articles, materials, or supplies to be acquired for use outside the United States may not be used unless one of the following criteria is met: (A) The articles, materials, or supplies are needed urgently for national security reasons. (B) A cost analysis described in paragraph (2) demonstrates that the articles, materials, or supplies to be acquired (if acquired from a firm manufacturing in the United States) would be more than 50 percent more expensive for the Federal agency acquiring the articles, materials, or supplies. (2) Cost analysis In any case in which articles, materials, or supplies are to be acquired for use outside the United States and are not needed urgently for national security reasons, before entering into a contract an analysis shall be made of the difference in the cost of acquiring the articles, materials, or supplies from a firm manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost of acquiring the articles, materials, or supplies from a firm manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). . 4. Criteria required for use of public interest exception (a) Buy American Act Section 8302 of title 41, United States Code, as amended by section 3, is further amended by adding at the end the following new subsection: (d) Criteria for use of public interest exception In determining whether a public interest exception shall be applied under subsection (a), the head of a Federal agency shall— (1) consider the short-term and long-term effects of applying such exception on employment within the United States, taking into account information provided by entities that manufacture the articles, materials, or supplies concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . (b) Federal Transit Administration Funds Section 5323(j) of title 49, United States Code, is amended by adding at the end the following new paragraph: (14) Criteria for use of public interest waiver In determining whether a public interest waiver shall be issued under paragraph (2)(A), the Secretary shall— (A) consider the short-term and long-term effects of applying such waiver on employment within the United States, taking into account information provided by entities that produce the steel, iron, and goods concerned in the United States; and (B) determine that preserving or increasing employment within the United States is consistent with the public interest. . (c) Federal Highway Administration Funds Section 313 of title 23, United States Code, is amended by adding at the end the following new subsection: (h) Criteria for use of public interest finding In determining whether a public interest finding shall be made under subsection (b)(1), the Secretary shall— (1) consider the short-term and long-term effects of making such finding on employment within the United States, taking into account information provided by entities that produce the materials or products concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . (d) Amtrak funds Section 24305(f) of title 49, United States Code, is amended by adding at the end the following new paragraph: (5) In deciding whether a public interest exemption shall be issued under paragraph (4)(A)(i), the Secretary shall— (A) consider the short-term and long-term effects of issuing such exemption on employment within the United States, taking into account information provided by entities that manufacture the articles, material, or supplies concerned in the United States; and (B) determine that preserving or increasing employment within the United States is consistent with the public interest. . (e) Federal Railroad Administration High-Speed Rail Program Funds Section 22905(a) of title 49, United States Code, is amended by adding at the end the following new paragraph: (12) In determining whether a public interest waiver shall be granted under paragraph (2)(A), the Secretary shall— (A) consider the short-term and long-term effects of granting such waiver on employment within the United States, taking into account information provided by entities that produce the steel, iron, or goods concerned in the United States; and (B) determine that preserving or increasing employment within the United States is consistent with the public interest. . (f) Federal Aviation Administration Funds Section 50101 of title 49, United States Code, is amended by adding at the end the following new subsection: (d) Criteria for use of public interest waiver In determining whether a public interest waiver shall be granted under subsection (b)(1), the Secretary shall— (1) consider the short-term and long-term effects of granting such waiver on employment within the United States, taking into account information provided by entities that produce the steel or goods concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . (g) Water Pollution Prevention and Control Grants for construction of treatment works Section 215 of the Federal Water Pollution Control Act ( 33 U.S.C. 1295 ) is amended— (1) by inserting (a) In general.— before Notwithstanding ; and (2) by adding at the end the following new subsection: (b) Criteria for use of public interest exception In determining whether a public interest exception shall be applied under subsection (a), the Administrator shall— (1) consider the short-term and long-term effects of applying such exception on employment within the United States, taking into account information provided by entities that manufacture the articles, materials, or supplies concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . 5. Waiver transparency and streamlining through the BuyAmerican.gov website (a) In general Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall maintain an internet website with the address BuyAmerican.gov that will be publicly available and free to access. The website shall include information on all waivers of and exceptions to Buy American laws that have been requested, are under consideration, or have been granted by executive agencies and be designed to enable manufacturers and other interested parties to easily identify waivers, and shall provide publicly available contact information for the contracting agencies. (b) Collection of information The President, in consultation with the heads of relevant agencies, shall develop a mechanism to collect information on requests to waive Buy American laws and other domestic content restrictions, utilizing existing reporting requirements whenever possible, for purposes of providing early notice to possible waivers via the website maintained under subsection (a). The heads of executive agencies shall report to the Administrator as quickly as possible waivers requested or under consideration and waivers granted due to the non-availability of procured items or service providers for purposes of posting such information on the website maintained under such subsection. (c) Waiver transparency and streamlining Not less than 20 days prior to waiving, under his or her statutory authority, any applicable Buy American Law, the head of an executive agency shall submit to the Administrator of General Services a copy of the request and information available to the executive agency concerning the request. Not later than 5 days after receiving this information from the head of an executive agency, the Administrator of General Services shall make available to the public, by posting on the website maintained under subsection (a), a copy of the request and information available to the executive agency concerning the request, and shall allow for informal public comment on the request for at least 15 days prior to making a finding based on the request. (d) Information available to the executive agency concerning the request (1) Requirement No requested waiver of an applicable Buy American Law may be granted if, in contravention of subsection (c)— (A) the request was not made available to the public; (B) the information available to the executive agency concerning the request was not made available to the public; or (C) no opportunity for public comment concerning the request was granted. (2) Scope Information made available to the public under this section concerning the request shall properly and adequately document and justify the statutory basis cited for the requested waiver. Such information shall include— (A) a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States; (B) for requests citing unreasonable cost as the statutory basis of the waiver, a comparison of the cost of the domestic product to the cost of the foreign product or a comparison of the overall cost of the project with domestic products to the overall cost of the project with foreign-origin products or services, pursuant to the requirements of the applicable Buy American law, except that publicly available cost comparison data may be provided in lieu of proprietary pricing information; (C) for requests citing availability, quantity, or quality as the statutory basis for the waiver, information from a reasonable number of domestic suppliers concerning a product’s availability, quantity, or quality, documentation of the procurement official’s or assistance recipient’s efforts to procure from domestic sources and relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of the relevant products; (D) for requests citing the public interest as the statutory basis for the waiver, a detailed written statement, which shall include all appropriate factors, justifying why the requested waiver is in public interest; and (E) a certification that the procurement official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and communications with the prime contractor. (e) Comptroller General report Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the implementation of this section, including recommendations for any legislation to improve the collection and reporting of information regarding waivers of and exceptions to Buy American laws. (f) Definitions In this section: (1) Buy American law The term Buy American Law means any law, regulation, Executive order, regulation, or rule relating to Federal contracts or grants that requires or provides a preference for the purchase or use of goods, products, or materials mined, produced, or manufactured in the United States, including— (A) chapter 83 of title 41, United States Code (commonly referred to as the Buy American Act ); (B) section 5323(j) of title 49, United States Code (commonly referred to as the Buy America Act ); (C) section 2533a of title 10, United States Code (commonly referred to as the Berry Amendment ); (D) section 2533b of title 10, United States Code; and (E) section 604 of the American Recovery and Reinvestment Act of 2009 ( 6 U.S.C. 453b ). (2) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code. 6. Loans and loan guarantees to domestic manufacturers under Defense Production Act (a) Program authorized The President, acting through the Secretary of Defense, may establish and carry out a program to make or guarantee loans under title III of the Defense Production Act ( 50 U.S.C. App. 2091 et seq.) to eligible entities in accordance with this section. (b) Eligibility requirements The Secretary of Defense shall establish eligibility requirements for purposes of the loans or loan guarantees under this section in order to provide assistance to any entity that— (1) is a manufacturer in the United States; (2) is a firm certified as eligible to apply for adjustment assistance under section 251(c) of the Trade Act of 1974 ( 19 U.S.C. 2341(c) ); and (3) meets one of the following criteria: (A) The entity mines, produces, or manufactures a nonavailable item. (B) The entity is the last remaining manufacturer of an item in the United States, as determined by the Secretary of Defense, and can prove hardship because of foreign competition. (C) The entity is the last remaining manufacturer of an item in the United States and that item is considered to be vital for national security purposes by the Department of Defense or another department or agency of the United States. (c) Amount of loan or loan guarantee The amount of any loan made or guaranteed under this section may not exceed $5,000,000 per entity. (d) Use of funds Each eligible entity receiving a loan or loan guarantee under this section shall use the funds of the loan made or guaranteed only for one or more of the following purposes: (1) Increasing its ability to compete for a Government contract for a nonavailable item. (2) Increasing its ability to produce a nonavailable item. (3) Increasing its capacity to produce items that are vital to national security. (e) Application requirements To receive a loan or loan guarantee under this section, an eligible entity shall submit an application to the Secretary of Defense at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall include a statement regarding the number of direct full-time domestic jobs expected to be created or retained as a result of the loan made or guaranteed, but such statement shall not be the sole factor used in determining the award of the loan or loan guarantee. (f) Annual evaluation of loan or loan guarantee recipients by Department of Defense The Secretary of Defense each year shall evaluate recipients of loans or loan guarantees under this section to determine the proper allocation of loan funds that are loaned or guaranteed. (g) Definition of nonavailable item In this section, the term nonavailable item means any of the following: (1) An article, material, or supply— (A) that has been determined by a Federal agency, pursuant to chapter 83 of title 41, United States Code (popularly referred to as the Buy American Act), to not be mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (B) that is listed on the list of nonavailable articles under subpart 25.104 of the Federal Acquisition Regulation. (2) An article or item— (A) that is described in section 4862 of title 10, United States Code, as transferred and redesignated by section 1870(c)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and grown, reprocessed, reused, or produced in the United States; and (B) satisfactory quality and sufficient quantity of which cannot be procured as and when needed at United States market prices, as determined by the Secretary of Defense or the Secretary of the military department concerned, pursuant to section 4862(c) of such title. (3) Compliant specialty metal— (A) as defined in section 4862 of title 10, United States Code, as transferred and redesignated by section 1870(c)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); and (B) satisfactory quality and sufficient quantity of which, and in the required form, cannot be procured as and when needed, as determined by the Secretary of Defense or the Secretary of the military department concerned, pursuant to such section 4862(b). (4) An item listed in subsection (a) of section 4864 of title 10, United States Code, as transferred and redesignated by section 1870(c)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), if the Secretary determines, under subsection (d)(4) of such section, that satisfactory quality of the item manufactured by an entity that is part of the national technology and industrial base (as defined in section 4801(1) of such title, as transferred and redesignated by section 1866(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 )) is not available. 7. Technical and clarifying amendment Section 8301(1) of title 41, United States Code, is amended by inserting Guam, the Northern Mariana Islands, after American Samoa, . | https://www.govinfo.gov/content/pkg/BILLS-117s1726is/xml/BILLS-117s1726is.xml |
117-s-1727 | II 117th CONGRESS 1st Session S. 1727 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Smith (for herself 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 a higher Federal matching rate for increased expenditures under Medicaid for behavioral health services (including those related to mental health and substance use), and for other purposes.
1. Short title This Act may be cited as the Medicaid Bump Act . 2. Higher Federal match for increased expenditures under Medicaid for behavioral health services (a) In general Section 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended— (1) in subsection (a)(5)— (A) by striking an amount equal and inserting (A) an amount equal ; and (B) by adding at the end the following: and (B) subject to subsection (b)(6), an amount equal to 90 percent of the amount by which— (i) the sum of the amounts expended during such quarter which are attributable to the offering, arranging, and furnishing (directly or on a contract basis) under the State plan (or under a waiver of the plan) of behavioral health services (including those related to mental health and substance use), exceeds (ii) the sum of the amounts expended during the corresponding quarter in the 4-quarter period ending on March 31, 2019, which are attributable to the offering, arranging, and furnishing (directly or on a contract basis) under the State plan (or under a waiver of the plan) of such services, plus ; and (2) in subsection (b), by adding at the end the following new paragraph: (6) Accountability and maintenance of effort requirements for additional Federal funding for increased expenditures for behavioral health services As conditions for receiving the funds the Secretary is otherwise obligated to pay to a State under subsection (a)(5)(B), a State shall meet the following requirements: (A) Supplement, not supplant The State shall use the funds received under such subsection to supplement, not supplant, the level of State funds expended for the offering, arranging, and furnishing (directly or on a contract basis) under the State plan (or under a waiver of the plan) of behavioral health services (including those related to mental health and substance use) through programs and activities in effect as of April 1, 2021. (B) Use of funds for activities that improve delivery of behavioral health services The State shall use the funds received under such subsection for activities that increase the capacity, efficiency, and quality in the provision of behavioral health services (including those related to mental health and substance use) delivered by providers, including through increases in payment rates for providers of those services and the adoption of other measures that ensure a reduction in staff turnover. . (b) Sub-Regulatory guidance Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue sub-regulatory guidance to States specifying the services that are behavioral health services for purposes of subparagraph (B) of section 1903(a)(5) of the Social Security Act ( 42 U.S.C. 1396b(a)(5) ), as added by subsection (a). (c) Effective Date The amendments made by this section shall apply with respect to calendar quarters beginning on or after January 1 of the year beginning after one year after the date of the enactment of this Act. 3. Report regarding behavioral health service Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report regarding behavioral health services (including those related to mental health and substance use) provided under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) in each State, specifying the payment rates for such services, the rationale for deriving such payment rates, and utilization of such services, as such data are available. | https://www.govinfo.gov/content/pkg/BILLS-117s1727is/xml/BILLS-117s1727is.xml |
117-s-1728 | II 117th CONGRESS 1st Session S. 1728 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Blumenthal (for himself, Mr. Merkley , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To create dedicated funds to conserve butterflies in North America, plants in the Pacific Islands, freshwater mussels in the United States, and desert fish in the Southwest United States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Extinction Prevention 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. Definition of Secretary. TITLE I—North America Butterfly Conservation Fund Act of 2021 Sec. 101. Short title. Sec. 102. Purposes. Sec. 103. Definitions. Sec. 104. North America butterfly conservation assistance. Sec. 105. North America Butterfly Conservation Fund. Sec. 106. Report to Congress. Sec. 107. Authorization of appropriations. TITLE II—Pacific Islands Plant Conservation Fund Act of 2021 Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Pacific Islands plant conservation assistance. Sec. 205. Pacific Islands Plant Conservation Fund. Sec. 206. Report to Congress. Sec. 207. Authorization of appropriations. TITLE III—Freshwater Mussel Conservation Fund Act of 2021 Sec. 301. Short title. Sec. 302. Purpose. Sec. 303. Definitions. Sec. 304. Freshwater mussel conservation assistance. Sec. 305. Freshwater Mussel Conservation Fund. Sec. 306. Report to Congress. Sec. 307. Authorization of appropriations. TITLE IV—Southwest Desert Fish Conservation Fund Act of 2021 Sec. 401. Short title. Sec. 402. Purpose. Sec. 403. Definitions. Sec. 404. Southwest desert fish conservation assistance. Sec. 405. Southwest Desert Fish Conservation Fund. Sec. 406. Report to Congress. Sec. 407. Authorization of appropriations. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Interior. I North America Butterfly Conservation Fund Act of 2021 101. Short title This title may be cited as the North America Butterfly Conservation Fund Act of 2021 . 102. Purposes The purposes of this title are— (1) to perpetuate healthy populations of butterflies in North America; (2) to assist in the conservation of threatened and endangered butterflies by supporting conservation initiatives in North America; and (3) to provide financial resources and to foster international cooperation for the conservation initiatives described in paragraph (2). 103. Definitions In this title: (1) Butterfly The term butterfly means any member of the order Lepidoptera. (2) Conservation The term conservation means the use of all methods and procedures necessary to protect the habitats of butterflies in North America and the butterflies in those habitats, including— (A) protection, restoration, and management of the habitats; (B) onsite research and monitoring of— (i) butterfly populations; (ii) butterfly habitats; (iii) annual butterfly reproduction; and (iv) butterfly species population trends; (C) assistance in the development, implementation, and improvement of national and regional management plans; (D) enforcement and implementation of applicable conservation laws; and (E) community outreach and education. (3) Fund The term Fund means the North America Butterfly Conservation Fund established by section 105(a). (4) North America The term North America means— (A) Antigua and Barbuda; (B) the Bahamas; (C) Barbados; (D) Belize; (E) Canada; (F) Costa Rica; (G) Cuba; (H) Dominica; (I) the Dominican Republic; (J) El Salvador; (K) Grenada; (L) Guatemala; (M) Haiti; (N) Honduras; (O) Jamaica; (P) Mexico; (Q) Nicaragua; (R) Panama; (S) Saint Kitts and Nevis; (T) Saint Lucia; (U) Saint Vincent and the Grenadines; (V) Trinidad and Tobago; and (W) the United States. 104. North America butterfly conservation assistance (a) Assistance (1) In general Subject to the availability of funds, and in consultation with other Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of butterflies and for which a project proposal is approved by the Secretary under subsection (c). (2) Use of existing authorities Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). (b) Project proposals (1) Eligible applicants A proposal for a project for the conservation of butterflies may be submitted to the Secretary by— (A) a State that has within its boundaries butterfly habitat; (B) a Tribal agency of an Indian Tribe the Tribal land of which contains butterfly habitat; (C) a relevant State agency, Tribal agency, research institution, nonprofit organization, or wildlife management authority in North America that directly or indirectly affects butterfly conservation, as determined by the Secretary; or (D) any other individual or entity, as determined appropriate by the Secretary, with the demonstrated expertise required for the conservation of butterflies in North America. (2) Federal partnership opportunities (A) In general A Federal agency may be included as a partner or a collaborator on a project that receives funding under this section. (B) Prohibition A Federal agency may not— (i) be a lead entity on a project that receives funding under this section; or (ii) receive funding for a project under this section. (3) Required elements A project proposal shall include— (A) a statement of the purposes of the project; (B) the name of the entity or individual with overall responsibility for the project; (C) a description of— (i) the qualifications of the entity or individuals that will carry out the project; (ii) methods for project implementation and outcome assessment; (iii) staffing and stakeholder engagement for the project; (iv) the logistics of the project, including cost estimates and timelines; (v) anticipated outcomes of the project; and (vi) mechanisms to encourage adequate local public participation in project development and implementation; (D) assurances that the project will be implemented in consultation with relevant wildlife management authorities, Indian Tribes, and other appropriate government officials; (E) evidence of free, informed, and prior consent by indigenous communities in the areas in which the project will be conducted, if the Secretary determines that the consent is required for the success of the project; (F) demonstrated sensitivity to— (i) local historic and cultural resources; and (ii) compliance with applicable laws; (G) information that demonstrates the potential of the project to contribute to the conservation of butterfly populations in North America; (H) evidence of support for the project by appropriate governmental entities of the countries, Indian Tribes, and indigenous communities in which the project will be conducted, if the Secretary determines that the support is required for the success of the project; (I) information regarding the source and amount of any matching funding available for the project; and (J) such other information as the Secretary may require. (c) Project review and approval (1) In general The Secretary shall— (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and (B) review each project proposal in a timely manner to determine whether the proposal meets the criteria described in paragraph (3). (2) Consultation; approval or disapproval Subject to the availability of funds, not later than 180 days after receiving a project proposal, the Secretary, after consulting with other Federal officials, as appropriate, shall— (A) consult with the government of each country in which the project is to be carried out regarding the proposal; (B) after taking into consideration any comments resulting from the consultation under subparagraph (A), approve or disapprove the project proposal; and (C) provide written notification of the approval or disapproval of the project proposal to— (i) the person that submitted the project proposal; (ii) other appropriate Federal officials; and (iii) each country described in subparagraph (A). (3) Criteria for Approval (A) In general The Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of butterflies in the wild by assisting efforts in North America to implement butterfly conservation programs. (B) Priority In determining whether to approve a project proposal under this section, the Secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). (C) Preferences In determining whether to approve a project proposal under this section, the Secretary, to the maximum extent practicable, shall give preference to— (i) conservation projects that are designed to ensure effective, long-term conservation of butterflies and butterfly habitats; and (ii) projects for which matching funds are available. (D) Waiver The Secretary may waive the application of subparagraphs (B) and (C) if the Secretary determines that the waiver is necessary to support a conservation project that the Secretary has identified as being of high priority. (d) Project reporting (1) In general Each person that receives assistance for a project under this section shall submit to the Secretary, at such intervals as the Secretary may require, periodic reports that include all information that the Secretary, after consultation with other Federal Government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public Each report under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner. 105. North America Butterfly Conservation Fund (a) Establishment There is established in the Treasury of the United States a separate account, to be known as the North America Butterfly Conservation Fund , consisting of— (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 107; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures from fund (1) In general Subject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 104. (2) Administrative expenses To pay the administrative expenses necessary to carry out this title in a fiscal year, the Secretary may expend from the Fund not more than the greater of— (A) 3 percent of the amounts in the Fund that are available for the fiscal year; and (B) $80,000. (c) Investment of amounts (1) In general The Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Requirement Investments under paragraph (1) may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations For the purpose of investments under paragraph (1), obligations of the United States may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at market price. (4) Sale of obligations Any obligation of the United States acquired by the Fund may be sold by the Secretary of the Treasury at market price. (5) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of amounts (1) In general Not less frequently than monthly, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the Fund the amounts required to be transferred to the Fund under this section on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments In carrying out paragraph (1), the Secretary of the Treasury shall make proper adjustments in amounts transferred to the Fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section. (e) Acceptance and use of donations (1) In general The Secretary may accept for the Government, and shall transfer to the Secretary of the Treasury for deposit into the Fund, a gift to provide assistance under section 104 of— (A) money; (B) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; or (C) any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund. (2) Discretion to reject a gift The Secretary may reject a gift under this subsection when the rejection is in the interest of the Government, as determined by the Secretary. (3) Taxes If a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift. 106. Report to Congress (a) In general Not later than January 31 of each year, the Secretary shall submit to Congress a report regarding the Fund and the status of butterflies in North America. (b) Requirements Each report under subsection (a) shall include, for the year covered by the report, a description of— (1) the total amounts deposited into and expended from the Fund; (2) the costs associated with the administration of the Fund; (3) a summary of the projects for which the Secretary has provided assistance under section 104 and an evaluation of those projects; and (4) an evaluation of the status of threatened and endangered butterfly populations in North America. 107. Authorization of appropriations There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2021 through 2026. II Pacific Islands Plant Conservation Fund Act of 2021 201. Short title This title may be cited as the Pacific Islands Plant Conservation Fund Act of 2021 . 202. Purpose The purpose of this title is to assist in the conservation of threatened and endangered plant species in the Hawaiian Islands and the Pacific Island Territories of the United States by supporting and providing financial resources for projects— (1) to conserve plant species; (2) to conserve the ecosystems of those plant species; and (3) to address other threats to the survival of those plant species. 203. Definitions In this title: (1) Conservation The term conservation means the use of all methods and procedures necessary to protect plants in the Pacific Islands, including— (A) protection, restoration, and management of ecosystems; (B) onsite research and monitoring of— (i) plant populations; (ii) plant ecosystems; (iii) annual plant reproduction; and (iv) plant population trends; (C) assistance in the development, implementation, and improvement of management plans; (D) enforcement and implementation of applicable conservation laws; and (E) community outreach and education. (2) Fund The term Fund means the Pacific Islands Plant Conservation Fund established by section 205(a). (3) Pacific Islands The term Pacific Islands means— (A) the Hawaiian Islands; and (B) the United States territories of— (i) Guam; (ii) American Samoa; and (iii) the Commonwealth of the Northern Mariana Islands. 204. Pacific Islands plant conservation assistance (a) Assistance (1) In general Subject to the availability of funds, and in consultation with other Federal officials, the Secretary of the Interior shall provide competitive financial assistance, including multiyear grants, for projects for the conservation of plant species on the Pacific Islands and for which a project proposal is approved by the Secretary under subsection (c). (2) Use of existing authorities Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). (b) Project proposals (1) Eligible applicants A project proposal may be submitted to the Secretary under this section by— (A) a relevant State, territory, or Tribal agency with the research expertise required for the conservation of plant species on the Pacific Islands; and (B) any other individual or entity, as determined appropriate by the Secretary, with the expertise required for the conservation of plant species on the Pacific Islands. (2) Federal partnership opportunities (A) In general A Federal agency may be included as a partner or a collaborator on a project that receives funding under this section. (B) Prohibition A Federal agency may not— (i) be a lead entity on a project that receives funding under this section; or (ii) receive funding for a project under this section. (3) Required elements A project proposal shall include— (A) a statement of the purposes of the project; (B) the name of the entity or individual with overall responsibility for the project; (C) a description of— (i) the qualifications of the entity or individuals that will carry out the project; (ii) methods for project implementation and outcome assessment; (iii) staffing and stakeholder engagement for the project; (iv) the logistics of the project, including cost estimates and timelines; (v) anticipated outcomes of the project; (vi) mechanisms to ensure adequate local public participation in project development and implementation; and (vii) how the project will promote sustainable, effective, long-term programs to conserve plant populations on the Pacific Islands; (D) demonstrated sensitivity to— (i) local historic and cultural resources; and (ii) compliance with applicable laws; (E) assurances that the project will be implemented in consultation with relevant wildlife management authorities, Indian Tribes, and other appropriate government officials; (F) information that demonstrates the clear potential of the project to contribute to the conservation of threatened and endangered plant species on the Pacific Islands; (G) information regarding the source and amount of any matching funding available for the project; and (H) such other information as the Secretary may require. (c) Project review and approval (1) In general The Secretary shall— (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and (B) review each project proposal in a timely manner to determine whether the proposal meets the criteria described in paragraph (3). (2) Consultation; approval or disapproval Subject to the availability of funds, not later than 180 days after receiving a project proposal, the Secretary, after consulting with other Federal officials, as appropriate, shall— (A) consult with the government of the State or territory in which the project is to be carried out regarding the proposal; and (B) provide written notification of the approval or disapproval of the proposal to— (i) the individual or entity that submitted the project proposal; (ii) other appropriate Federal officials; and (iii) each State or territory described in subparagraph (A). (3) Criteria for approval (A) In general The Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of threatened and endangered plants by assisting efforts on the Pacific Islands to implement plant conservation programs. (B) Priority In determining whether to approve a project proposal under this section, the Secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). (C) Preferences In determining whether to approve a project proposal under this section, the Secretary, to the maximum extent practicable, shall give preference to— (i) conservation projects that are designed to ensure effective, long-term conservation of plants and plant ecosystems; and (ii) projects for which matching funds are available. (D) Waiver The Secretary may waive the application of subparagraphs (B) and (C) if the Secretary determines that the waiver is necessary to support a conservation project that the Secretary has identified as being of high priority. (d) Project reporting (1) In general Each individual or entity that receives assistance for a project under this section shall submit to the Secretary, at such intervals as the Secretary may require, periodic reports that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public Each report under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner. 205. Pacific Islands Plant Conservation Fund (a) Establishment There is established in the Treasury of the United States a separate account, to be known as the Pacific Islands Plant Conservation Fund , consisting of— (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 207; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures from fund (1) In general Subject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 204. (2) Administrative expenses To pay the administrative expenses necessary to carry out this title in a fiscal year, the Secretary may expend from the Fund not more than the greater of— (A) 3 percent of the amounts in the Fund that are available for the fiscal year; and (B) $80,000. (c) Investment of amounts (1) In general The Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Requirement Investments under paragraph (1) may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations For the purpose of investments under paragraph (1), obligations of the United States may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at market price. (4) Sale of obligations Any obligation of the United States acquired by the Fund may be sold by the Secretary of the Treasury at market price. (5) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of amounts (1) In general Not less frequently than monthly, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the Fund the amounts required to be transferred to the Fund under this section on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments In carrying out paragraph (1), the Secretary of the Treasury shall make proper adjustments in amounts transferred to the Fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section. (e) Acceptance and use of donations (1) In general The Secretary may accept for the Government, and shall transfer to the Secretary of the Treasury for deposit into the Fund, a gift to provide assistance under section 204 of— (A) money; (B) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; or (C) any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund. (2) Discretion to reject a gift The Secretary may reject a gift under this subsection when the rejection is in the interest of the Government, as determined by the Secretary. (3) Taxes If a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift. 206. Report to Congress (a) In general Not later than January 31 of each year, the Secretary shall submit to Congress a report regarding the Fund and the status of threatened and endangered plant species on the Pacific Islands. (b) Requirements Each report under subsection (a) shall include, for the year covered by the report, a description of— (1) the total amounts deposited into and expended from the Fund; (2) the costs associated with the administration of the Fund; (3) a summary of the projects for which the Secretary has provided assistance under section 204 and an evaluation of those projects; and (4) an evaluation of the status of threatened and endangered plant populations on the Pacific Islands. 207. Authorization of appropriations There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2021 through 2026. III Freshwater Mussel Conservation Fund Act of 2021 301. Short title This title may be cited as the Freshwater Mussel Conservation Fund Act of 2021 . 302. Purpose The purpose of this title is to assist in the conservation of threatened and endangered freshwater mussel species and the habitats of those species in the United States by supporting and providing financial resources for projects— (1) to conserve freshwater mussel species; (2) to conserve the habitats of those species; and (3) to address other threats to the survival of those species. 303. Definitions In this title: (1) Conservation The term conservation means the use of all methods and procedures necessary to protect habitats of freshwater mussel species in the United States and the freshwater mussel species in those habitats, including— (A) protection, restoration, and management of the habitats; (B) onsite research and monitoring of— (i) freshwater mussel populations; (ii) freshwater mussel habitats; (iii) annual freshwater mussel reproduction; and (iv) freshwater mussel species population trends; (C) assistance in the development, implementation, and improvement of national and regional management plans; (D) enforcement and implementation of applicable conservation laws; and (E) community outreach and education. (2) Freshwater mussel The term freshwater mussel means any member of the order Unioinida. (3) Fund The term Fund means the Freshwater Mussel Conservation Fund established by section 305(a). 304. Freshwater mussel conservation assistance (a) Assistance (1) In general Subject to the availability of funds, and in consultation with other Federal officials, the Secretary shall provide competitive financial assistance, including multiyear grants, for projects for the conservation of freshwater mussels in the United States and for which a project proposal is approved by the Secretary under subsection (c). (2) Use of existing authorities Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). (b) Project proposals (1) Eligible applicants A project proposal may be submitted to the Secretary under this section by— (A) a relevant State or Tribal agency, research institution, or nonprofit organization with the expertise required for the conservation of freshwater mussels in the United States; and (B) any other individual or entity, as determined appropriate by the Secretary, with the expertise required for the conservation of freshwater mussels in the United States. (2) Federal partnership opportunities (A) In general A Federal agency may be included as a partner or a collaborator on a project that receives funding under this section. (B) Prohibition A Federal agency may not— (i) be a lead entity on a project that receives funding under this section; or (ii) receive funding for a project under this section. (3) Required elements A project proposal shall include— (A) a statement of the purposes of the project; (B) the name of the entity or individual with overall responsibility for the project; (C) a description of— (i) the qualifications of the entity or individuals that will carry out the project; (ii) methods for project implementation and outcome assessment; (iii) staffing and stakeholder engagement for the project; (iv) the logistics of the project, including cost estimates and timelines; (v) anticipated outcomes of the project; (vi) mechanisms to ensure adequate local public participation in project development and implementation; and (vii) how the project will promote sustainable, effective, long-term programs to conserve freshwater mussel populations in the United States; (D) demonstrated sensitivity to— (i) local historic and cultural resources; and (ii) compliance with applicable laws; (E) assurances that the project will be implemented in consultation with relevant wildlife management authorities, Indian Tribes, and other appropriate government officials; (F) information that demonstrates the clear potential of the project to contribute to the conservation of freshwater mussels in the United States; (G) information regarding the source and amount of any matching funding available for the project; and (H) such other information as the Secretary may require. (c) Project review and approval (1) In general The Secretary shall annually— (A) solicit project proposals for grants under this section; (B) provide to other Federal officials, as appropriate, copies of each proposal submitted in response to the solicitation; and (C) review, on a timeline that recognizes the urgency of the declining number of freshwater mussel species in the United States, each project proposal submitted in response to the solicitation to determine whether the proposal meets the criteria described in paragraph (3). (2) Consultation; approval or disapproval Subject to the availability of funds, for each project proposal submitted to the Secretary under this section, the Secretary, after consulting with other Federal officials, as appropriate, shall— (A) consult with the government of each State and territory in which the project is to be carried out regarding the proposal; and (B) provide written notification of the approval or disapproval of the project proposal to— (i) the individual or entity that submitted the project proposal; (ii) other appropriate Federal officials; and (iii) each State and territory described in subparagraph (A). (3) Criteria for approval (A) In general The Secretary may approve a project proposal under this section if the project shows promise for contributing to recovering and sustaining wild freshwater mussel populations in the United States. (B) Priority In determining whether to approve a project proposal under this section, the Secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). (C) Preferences In determining whether to approve a project proposal under this section, the Secretary, to the maximum extent practicable, shall give preference to— (i) conservation projects that are designed to ensure effective, long-term conservation of freshwater mussels and freshwater mussel habitats; and (ii) projects for which matching funds are available. (D) Waiver The Secretary may waive the application of subparagraphs (B) and (C) if the Secretary determines that the waiver is necessary to support a conservation project that the Secretary has identified as being of high priority. (d) Project reporting (1) In general Each individual or entity that receives assistance for a project under this section shall submit to the Secretary, at such intervals as the Secretary may require, periodic reports that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public Each report under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner. 305. Freshwater Mussel Conservation Fund (a) Establishment There is established in the Treasury of the United States a separate account, to be known as the Freshwater Mussel Conservation Fund , consisting of— (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 307; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures from fund (1) In general Subject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 304. (2) Administrative expenses To pay the administrative expenses necessary to carry out this title in a fiscal year, the Secretary may expend from the Fund not more than the greater of— (A) 3 percent of the amounts in the Fund that are available for the fiscal year; and (B) $80,000. (c) Investment of amounts (1) In general The Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Requirement Investments under paragraph (1) may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations For the purpose of investments under paragraph (1), obligations of the United States may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at market price. (4) Sale of obligations Any obligation of the United States acquired by the Fund may be sold by the Secretary of the Treasury at market price. (5) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of amounts (1) In general Not less frequently than monthly, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the Fund the amounts required to be transferred to the Fund under this section on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments In carrying out paragraph (1), the Secretary of the Treasury shall make proper adjustments in amounts transferred to the Fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section. (e) Acceptance and use of donations (1) In general The Secretary may accept for the Government, and shall transfer to the Secretary of the Treasury for deposit into the Fund, a gift to provide assistance under section 304 of— (A) money; (B) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; or (C) any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund. (2) Discretion to reject a gift The Secretary may reject a gift under this subsection when the rejection is in the interest of the Government, as determined by the Secretary. (3) Taxes If a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift. 306. Report to Congress (a) In general Not later than January 31 of each year, the Secretary shall submit to Congress a report regarding the Fund and the status of freshwater mussels in the United States. (b) Requirements Each report under subsection (a) shall include, for the year covered by the report, a description of— (1) the total amounts deposited into and expended from the Fund; (2) the costs associated with the administration of the Fund; (3) a summary of the projects for which the Secretary has provided assistance under section 304 and an evaluation of those projects; and (4) an evaluation of the status of threatened and endangered freshwater mussel populations in the United States. 307. Authorization of appropriations There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2021 through 2026. IV Southwest Desert Fish Conservation Fund Act of 2021 401. Short title This title may be cited as the Southwest Desert Fish Conservation Fund Act of 2021 . 402. Purpose The purpose of this title is to assist in the conservation of threatened and endangered desert fish species and the habitats of those species in the Southwest by supporting and providing financial resources for projects— (1) to conserve desert fish species; (2) to conserve the habitats of desert fish species; and (3) to address other threats to the survival of desert fish species. 403. Definitions In this title: (1) Conservation The term conservation means the use of all methods and procedures necessary to protect habitats of desert fish species in the Southwest and the desert fish species in those habitats, including— (A) protection, restoration, and management of the habitats; (B) onsite research and monitoring of— (i) desert fish populations; (ii) desert fish habitats; (iii) annual desert fish reproduction; and (iv) desert fish species population trends; (C) assistance in the development, implementation, and improvement of national and regional management plans; (D) enforcement and implementation of applicable conservation laws; and (E) community outreach and education. (2) Desert fish The term desert fish means any member of the class Osteichthyes living in a desert ecosystem. (3) Fund The term Fund means the Southwest Desert Fish Conservation Fund established by section 405(a). (4) Southwest The term Southwest means the States of— (A) Arizona; (B) California; (C) Colorado; (D) Nevada; (E) New Mexico; (F) Oregon; and (G) Utah. 404. Southwest desert fish conservation assistance (a) Assistance (1) In general Subject to the availability of funds, and in consultation with other Federal officials, the Secretary shall provide competitive financial assistance, including multiyear grants, for projects for the conservation of desert fish species in the Southwest and for which a project proposal is approved by the Secretary under subsection (c). (2) Use of existing authorities Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). (b) Project proposals (1) Eligible applicants A project proposal may be submitted to the Secretary under this section by— (A) a relevant State or Tribal agency, research institution, or nonprofit organization with expertise required for the conservation of desert fish species in the Southwest; and (B) any other individual or entity, as determined appropriate by the Secretary, with the expertise required for the conservation of desert fish species in the Southwest. (2) Federal partnership opportunities (A) In general A Federal agency may be included as a partner or a collaborator on a project that receives funding under this section. (B) Prohibition A Federal agency may not— (i) be a lead entity on a project that receives funding under this section; or (ii) receive funding for a project under this section. (3) Required elements A project proposal shall include— (A) a statement of the purposes of the project; (B) the name of the entity or individual with overall responsibility for the project; (C) a description of— (i) the qualifications of the entity or individuals that will carry out the project; (ii) methods for project implementation and outcome assessment; (iii) staffing and stakeholder engagement for the project; (iv) the logistics of the project, including cost estimates and timelines; (v) anticipated outcomes of the project; (vi) mechanisms to ensure adequate local public participation in project development and implementation; and (vii) how the project will promote sustainable, effective, long-term programs to conserve desert fish populations in the Southwest; (D) demonstrated sensitivity to— (i) local historic and cultural resources; and (ii) compliance with applicable laws; (E) assurances that the project will be implemented in consultation with relevant wildlife management authorities, Indian Tribes, and other appropriate government officials; (F) information that demonstrates the clear potential of the project to contribute to the conservation of desert fish populations in the Southwest; (G) information regarding the source and amount of any matching funding available for the project; and (H) such other information as the Secretary may require. (c) Project review and approval (1) In general The Secretary shall annually— (A) solicit project proposals for grants under this section; (B) provide to other Federal officials, as appropriate, copies of each proposal submitted in response to the solicitation; and (C) review, on a timeline that recognizes the urgency of the declining number of desert fish species in the Southwest, each project proposal submitted in response to the solicitation to determine whether the proposal meets the criteria specified in paragraph (3). (2) Consultation; approval or disapproval Subject to the availability of funds, for each project proposal submitted under this section, the Secretary, after consulting with other Federal officials, as appropriate, shall— (A) consult with the government of each State in which the project is to be carried out regarding the proposal; and (B) provide written notification of the approval or disapproval of the project proposal to— (i) the individual or entity that submitted the project proposal; (ii) other appropriate Federal officials; and (iii) each State described in subparagraph (A). (3) Criteria for approval (A) In general The Secretary may approve a project proposal under this section if the project shows promise for contributing to recovering and sustaining wild desert fish populations in the Southwest. (B) Priority In determining whether to approve a project proposal under this section, the Secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). (C) Preferences In determining whether to approve a project proposal under this section, the Secretary, to the maximum extent practicable, shall give preference to— (i) conservation projects that are designed to ensure effective, long-term conservation of desert fish and desert fish habitats; and (ii) projects for which matching funds are available. (D) Waiver The Secretary may waive the application of subparagraphs (B) and (C) if the Secretary determines that the waiver is necessary to support a conservation project that the Secretary has identified as being of high priority. (d) Project reporting (1) In general Each individual or entity that receives assistance for a project under this section shall submit to the Secretary, at such intervals as the Secretary may require, periodic reports that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public Each report under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title shall be made available to the public in a timely manner. 405. Southwest Desert Fish Conservation Fund (a) Establishment There is established in the Treasury of the United States a separate account, to be known as the Southwest Desert Fish Conservation Fund , consisting of— (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 407; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures from fund (1) In general Subject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 404. (2) Administrative expenses To pay the administrative expenses necessary to carry out this title in a fiscal year, the Secretary may expend from the Fund not more than the greater of— (A) 3 percent of the amounts in the Fund that are available for the fiscal year; and (B) $80,000. (c) Investment of amounts (1) In general The Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Requirement Investments under paragraph (1) may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations For the purpose of investments under paragraph (1), obligations of the United States may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at market price. (4) Sale of obligations Any obligation of the United States acquired by the Fund may be sold by the Secretary of the Treasury at market price. (5) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of Amounts (1) In general Not less frequently than monthly, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the Fund the amounts required to be transferred to the Fund under this section on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments In carrying out paragraph (1), the Secretary of the Treasury shall make proper adjustments in amounts transferred to the Fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section. (e) Acceptance and use of donations (1) In general The Secretary may accept for the Government, and shall transfer to the Secretary of the Treasury for deposit into the Fund, a gift to provide assistance under section 404 of— (A) money; (B) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; or (C) any other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund. (2) Discretion to reject a gift The Secretary may reject a gift under this subsection when the rejection is in the interest of the Government, as determined by the Secretary. (3) Taxes If a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift. 406. Report to Congress (a) In general Not later than January 31 of each year, the Secretary shall submit to Congress a report regarding the Fund and the status of desert fish in the Southwest. (b) Requirements Each report under subsection (a) shall include, for the year covered by the report, a description of— (1) the total amounts deposited into and expended from the Fund; (2) the costs associated with the administration of the Fund; (3) a summary of the projects for which the Secretary has provided assistance under section 404 and an evaluation of those projects; and (4) an evaluation of the status of threatened and endangered desert fish populations in the Southwest. 407. Authorization of appropriations There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2021 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1728is/xml/BILLS-117s1728is.xml |
117-s-1729 | II 117th CONGRESS 1st Session S. 1729 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Murphy 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 require contracting officers to consider information regarding domestic employment before awarding a Federal defense contract, and for other purposes.
1. Short title This Act may be cited as the American Jobs Matter Act of 2021 . 2. Consideration and verification of information relating to effect on domestic employment of award of Federal defense contracts (a) In general Section 3206(c) of title 10, United States Code, as transferred and redesignated by section 1811(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by adding at the end the following new paragraph: (6) Consideration and verification of information relating to effect on domestic employment (A) In prescribing the evaluation factors to be included in each solicitation for competitive proposals for covered contracts, an agency shall include the effects on employment within the United States of the contract as an evaluation factor that must be considered in the evaluation of proposals. (B) In this paragraph, the term covered contract means— (i) a contract in excess of $1,000,000 for the procurement of manufactured goods; (ii) a contract in excess of $1,000,000 for the procurement of goods or services listed in the report of industrial base capabilities required by section 4814 of this title; and (iii) a contract in excess of $1,000,000 for the procurement of any item procured as part of a major defense acquisition program. (C) The head of an agency, in issuing a solicitation for competitive proposals, shall state in the solicitation that the agency may consider, and in the case of a covered contract will consider as an evaluation factor under paragraph (1), information (in this subparagraph referred to as a jobs impact statement ) that the offeror includes in its offer related to the effects on employment within the United States of the contract if it is awarded to the offeror. (D) The information that may be included in a jobs impact statement may include the following: (i) The number of jobs expected to be created or retained in the United States if the contract is awarded to the offeror. (ii) The number of jobs created or retained in the United States by the subcontractors expected to be used by the offeror in the performance of the contract. (iii) A guarantee from the offeror that jobs created or retained in the United States will not be moved outside the United States after award of the contract unless doing so is required to provide the goods or services stipulated in the contract or is in the best interest of the Federal Government. (E) The contracting officer may consider, and in the case of a covered contract will consider, the information in the jobs impact statement in the evaluation of the offer and may request further information from the offeror in order to verify the accuracy of any such information submitted. (F) In the case of a contract awarded to an offeror that submitted a jobs impact statement with the offer for the contract, the agency shall, not later than one year after the award of the contract and annually thereafter for the duration of the contract or contract extension, assess the accuracy of the jobs impact statement. (G) The Secretary of Defense shall submit to Congress an annual report on the frequency of use within the Department of Defense of jobs impact statements in the evaluation of competitive proposals. (H) (i) In any contract awarded to an offeror that submitted a jobs impact statement with its offer in response to the solicitation for proposals for the contract, the agency shall track the number of jobs created or retained during the performance of the contract. (ii) If the number of jobs that the agency estimates will be created (by using the jobs impact statement) significantly exceeds the number of jobs created or retained, then the agency may consider this as a factor that affects a contractor's past performance in the award of future contracts. (iii) Contractors shall be provided an opportunity to explain any differences between their original jobs impact statement and the actual amount of jobs created or retained before the discrepancy affects the agency’s assessment of the contractor's past performance. . (b) Revision of Federal Acquisition Regulation The Department of Defense Supplement to the Federal Acquisition Regulation shall be revised to implement the amendment made by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1729is/xml/BILLS-117s1729is.xml |
117-s-1730 | II 117th CONGRESS 1st Session S. 1730 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Warren (for herself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To increase portability of and access to retirement savings, and for other purposes.
1. Short title This Act may be cited as the Retirement Savings Lost and Found Act of 2021 . 2. Retirement savings lost and found (a) Retirement Savings Lost and Found (1) Establishment (A) In general Not later than 3 years after the date of the enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce, in cooperation, shall establish an online searchable database (to be managed by the Pension Benefit Guaranty Corporation in accordance with section 4051 of the Employee Retirement Income Security Act of 1974) to be known as the Retirement Savings Lost and Found . The Retirement Savings Lost and Found shall— (i) allow an individual to search for information that enables the individual to locate the plan administrator of any plans with respect to which the individual is or was a participant or beneficiary, and to provide contact information for the plan administrator of any plan described in subparagraph (B); (ii) allow the corporation to assist such an individual in locating any plan of the individual; and (iii) allow the corporation to make any necessary changes to contact information on record for the plan administrator based on any changes to the plan due to merger or consolidation of the plan with any other plan, division of the plan into two or more plans, bankruptcy, termination, change in name of the plan, change in name or address of the plan administrator, or other causes. The Retirement Savings Lost and Found established under this subparagraph shall include information reported under section 4051 of the Employee Retirement Income Security Act of 1974 and other relevant information obtained by the Pension Benefit Guaranty Corporation. (B) Plans described A plan described in this subparagraph is a plan to which the vesting standards of section 203 of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 apply. (2) Administration The Retirement Savings Lost and Found established under paragraph (1) shall provide individuals described in paragraph (1)(A) only with the ability to view contact information for the plan administrator of any plan with respect to which the individual is or was a participant or beneficiary, sufficient to allow the individual to locate the individual’s plan in order to recover any benefit owing to the individual under the plan. (3) Safeguarding participant privacy and security In establishing the Retirement Savings Lost and Found under paragraph (1), the Pension Benefit Guaranty Corporation, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce, shall take all necessary and proper precautions to ensure that individuals’ plan information maintained by the Retirement Savings Lost and Found is protected and that persons other than the individual cannot fraudulently claim the benefits to which any individual is entitled, and to allow any individual to opt out of inclusion in the Retirement Savings Lost and Found at the election of the individual. (b) Office of the Retirement Savings Lost and Found (1) In general Subtitle C of title IV of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1341 et seq.) is amended by adding at the end the following: 4051. Office of the Retirement Savings Lost and Found (a) Establishment; responsibilities of Office (1) In general Not later than 2 years after the date of the enactment of this section, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce shall establish within the corporation an Office of the Retirement Savings Lost and Found (in this section referred to as the Office ). (2) Responsibilities of Office (A) In general The Office shall— (i) carry out subsection (b) of this section; (ii) maintain the Retirement Savings Lost and Found established under section 2(a) of the Retirement Savings Lost and Found Act of 2021 ; and (iii) perform an annual audit of plan information contained in the Retirement Savings Lost and Found and ensure that such information is current and accurate. (B) Option to contract (i) In general Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. (ii) Report The corporation shall report on the results of the analysis under clause (i) to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives. (b) Certain non-Responsive participants entitled to small benefits (1) General rule (A) Transfer to the Office of the Retirement Savings Lost and Found The administrator of a plan that is not terminated and to which section 401(a)(31)(B) of the Internal Revenue Code of 1986 applies shall transfer to the Office the amount required to be transferred under section 401(a)(31)(B)(iv) of such Code for a non-responsive participant. (B) Information and payment to the Office Upon making a transfer under subparagraph (A), the plan administrator shall provide such information and certifications as the Office shall specify, including with respect to the transferred amount and the non-responsive participant. (C) Information requirements after transfer In the event that, after a transfer is made under subparagraph (A), the relevant non-responsive participant contacts the plan administrator or the plan administrator discovers information that may assist the Office in locating the non-responsive participant, the plan administrator shall notify and provide such information as the Office shall specify to the Office. (D) Search and payment by the Office following transfer The Office shall periodically, and upon receiving information described in subparagraph (C), conduct a search for the non-responsive participant for whom the Office has received a transfer under subparagraph (A). Upon location of a non-responsive participant who claims benefits, the Office shall make a single payment to the non-responsive participant in an amount equal to the sum of— (i) the amount transferred to the Office under subparagraph (A) for such participant; and (ii) the return on the investment attributable to such amount under section 4005(j)(3). (2) Definition For purposes of this subsection, the term non-responsive participant means a participant or beneficiary of a plan described in paragraph (1)(A)— (A) who is entitled to a benefit subject to a mandatory transfer under section 401(a)(31)(B)(iii) of the Internal Revenue Code of 1986; and (B) for whom the plan has satisfied the conditions in section 401(a)(31)(B)(iv) of such Code. (3) Regulatory Authority The Office shall prescribe such regulations as are necessary to carry out the purposes of this section, including rules relating to the amount payable to the Office and the amount to be paid by the Office. (c) Information collection Within such period after the end of a plan year as the Office may by regulations prescribe, the administrator of a plan to which the vesting standards of section 203 apply shall submit the following information, and such other information as the corporation may require, to the corporation in such form as the corporation may require: (1) The information described in paragraphs (1) through (4) of section 6057(b) of the Internal Revenue Code of 1986. (2) The information described in subparagraphs (A), (B), (E), and (F) of section 6057(a)(2) of the Internal Revenue Code of 1986. (d) Effective date The requirements of subsections (b) and (c) shall apply with respect to plan years beginning after the second December 31 occurring after the date of the enactment of this section. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. . (2) Establishment of fund for transferred assets Section 4005 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1305 ) is amended by adding at the end the following: (j) (1) A ninth fund shall be established for the payment of benefits under section 4051(b)(1)(D). (2) Such fund shall be credited with the appropriate— (A) amounts transferred to the Office of the Retirement Savings Lost and Found under section 4051(b)(1)(A); and (B) earnings on investments of the fund or on assets credited to the fund. (3) Whenever the corporation determines that the moneys of any fund are in excess of current needs, it may request the investment of such amounts as it determines advisable by the Secretary of the Treasury in obligations issued or guaranteed by the United States. . (3) Conforming amendment The table of contents for the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq.) is amended by inserting after the matter relating to section 4050 the following: Sec. 4051. Certain non-responsive participants entitled to small benefits. . (c) Mandatory transfers of rollover distributions (1) Investment options (A) In general Subparagraph (B) of section 404(c)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c)(3) ) is amended by striking the period at the end and inserting “, and, to the extent the Secretary provides in guidance or regulations issued after the enactment of the Retirement Savings Lost and Found Act of 2021 , is made to— (i) a target date or life cycle fund held under such account; (ii) as described in section 2550.404a–2 of title 29, Code of Federal Regulations, an investment product held under such account designed to preserve principal and provide a reasonable rate of return; (iii) the Office of the Retirement Savings Lost and Found in accordance with section 401(a)(31)(B)(iv) of the Internal Revenue Code of 1986 and section 2(c)(2)(A)(ii) of the Retirement Savings Lost and Found Act of 2021 ; or (iv) such other option as the Secretary may so provide. . (B) Regulations Not later than 270 days after the date of the enactment of this Act, the Secretary of Labor shall promulgate regulations identifying the target date or life cycle funds, or specifying the characteristics of such a fund, that will be deemed to meet the requirements of section 404(c)(3)(B)(i) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c)(3)(B) ), as amended by subparagraph (A). (2) Expansion of cap; authority to transfer lesser amounts (A) Cap Sections 401(a)(31)(B)(ii) and 411(a)(11)(A) of the Internal Revenue Code of 1986 and section 203(e)(1) of the Employee Retirement Income Security Act of 1974 are each amended by striking $5,000 and inserting $6,000 . (B) Distribution of larger amounts to individual retirement plans only Section 401(a)(31)(B)(i) of such Code is amended by adding at the end the following: The Office of the Retirement Savings Lost and Found established by section 2 of the Retirement Savings Lost and Found Act of 2021 shall not be treated as a trustee or issuer which is eligible to receive such distributions. . (C) Lesser amounts Section 401(a)(31)(B) of such Code is amended by adding at the end the following new clauses: (iii) Treatment of lesser amounts In the case of a trust which is part of an eligible plan, such trust shall not be a qualified trust under this section unless such plan provides that, if a participant in the plan separates from the service covered by the plan and the nonforfeitable accrued benefit described in clause (ii) is not in excess of $1,000, the plan administrator shall (either separately or as part of the notice under section 402(f)) notify the participant that the participant is entitled to such benefit or attempt to pay the benefit directly to the participant. (iv) Transfers to Retirement Savings Lost and Found If, after a plan administrator takes the action required under clause (iii), the participant does not— (I) within 6 months of the notification under such clause, make an election under subparagraph (A) or elect to receive a distribution of the benefit directly, or (II) accept any direct payment made under such clause within 6 months of the attempted payment, the plan administrator shall transfer the amount of such benefit to the Office of the Retirement Savings Lost and Found in accordance with section 4051(b) of the Employee Retirement Income Security Act of 1974. (v) Income tax treatment of transfers to Retirement Savings Lost and Found For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)— (I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and (II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan. . (D) Effective date The amendments made by this paragraph shall apply to vested benefits with respect to participants who separate from service connected to the plan in plan years beginning after the second December 31 occurring after the date of the enactment of this Act. (d) Better reporting for mandatory transfers (1) In general Paragraph (2) of section 6057(a) of the Internal Revenue Code of 1986 is amended— (A) in subparagraph (C)— (i) by striking during such plan year in clause (i) and inserting during the plan year immediately preceding such plan year ; (ii) by adding and at the end of clause (i); and (iii) by striking clause (iii); (B) by redesignating subparagraph (E) as subparagraph (G); (C) by striking and at the end of subparagraph (D); and (D) by inserting after subparagraph (D) the following new subparagraphs: (E) the name and taxpayer identifying number of each participant or former participant in the plan— (i) who, during the current plan year or any previous plan year, was reported under subparagraph (C), and with respect to whom the benefits described in subparagraph (C)(ii) were fully paid during the plan year, (ii) with respect to whom any amount was distributed under section 401(a)(31)(B) during the plan year, or (iii) with respect to whom a deferred annuity contract was distributed during the plan year, (F) in the case of a participant or former participant to whom subparagraph (E) applies— (i) in the case of a participant described in clause (ii) thereof, the name and address of the designated trustee or issuer described in section 401(a)(31)(B)(i) and the account number of the individual retirement plan to which the amount was distributed, and (ii) in the case of a participant described in clause (iii) thereof, the name and address of the issuer of such annuity contract and the contract or certificate number, and . (2) Rules relating to direct trustee-to-trustee transfers (A) In general Paragraph (6) of section 402(e) of such Code is amended— (i) by striking transfers .—Any and inserting “ transfers .— (A) In general Any ; and (ii) by adding at the end the following new subparagraph: (B) Notification of trustee In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section. . (B) Penalty Subsection (i) of section 6652 of such Code is amended— (i) by striking to recipients in the heading and inserting or notification ; (ii) by striking 402(f), and inserting 402(f) or a notification as required by section 402(e)(6)(B), ; and (iii) by striking such written explanation and inserting such written explanation or notification . (C) Reports Subsection (i) of section 408 of such Code is amended— (i) by redesignating subparagraphs (A) and (B) of paragraph (2) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (ii) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; and (iii) by striking as the Secretary prescribes in subparagraph (B)(ii), as so redesignated, and all that follows through a simple retirement account and inserting “as the Secretary prescribes. (3) Simple retirement accounts In the case of a simple retirement account ; (iv) by striking Reports .—The trustee of and inserting “ Reports.— (1) In general The trustee of ; (v) by striking under paragraph (2) in paragraph (3), as added by clause (iii), and inserting under paragraph (1)(B) ; and (vi) by inserting after paragraph (1)(B)(ii), as redesignated by the preceding clauses, the following new paragraph: (2) Mandatory distributions In the case of an account, contract, or annuity to which a transfer under section 401(a)(31)(B) is made (including a transfer from the individual retirement plan to which the original transfer under such section was made to another individual retirement plan), the report required by this subsection for the year of the transfer and any year in which the information previously reported in subparagraph (B) changes shall— (A) identify such transfer as a mandatory distribution required by such section, (B) include the name, address, and taxpayer identifying number of the trustee or issuer of the individual retirement plan to which the amount is transferred, and (C) be filed with the Pension Benefit Guaranty Corporation as well as with the Secretary. . (3) Notification of participants upon separation Subsection (e) of section 6057 of such Code is amended by inserting , and, with respect to any benefit of the individual subject to section 401(a)(31)(B), a notice of availability of, and the contact information for, the Retirement Savings Lost and Found established under section 2(a)(1) of the Retirement Savings Lost and Found Act of 2021 before the period at the end of the second sentence. (4) Effective date The amendments made by this paragraph shall apply to distributions made in, and returns and reports relating to, years beginning after the second December 31 occurring after the date of the enactment of this Act. (e) Requirement of electronic filing (1) In general Paragraph (2) of section 6011(e) of the Internal Revenue Code of 1986 is amended— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (B) by striking regulations .—In prescribing and inserting “ regulations .— (A) In general In prescribing ; and (C) by adding at the end the following new subparagraph: (C) Exceptions Notwithstanding subparagraph (A), the Secretary shall require returns or reports required under— (i) sections 6057, 6058, and 6059, and (ii) sections 408(i), 6041, and 6047 to the extent such return or report relates to the tax treatment of a distribution from a plan, account, contract, or annuity, to be filed on magnetic media, but only with respect to persons who are required to file at least 50 returns during the calendar year which includes the first day of the plan year to which such returns or reports relate. . (2) Effective date The amendments made by this paragraph shall apply to returns and reports relating to years beginning after the second December 31 occurring after the date of the enactment of this Act. (f) Rulemaking To clarify fiduciary duties (1) Request for information Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a request for information relating to the rulemaking described in paragraph (2). (2) Issuance of final rule Not later than 3 years after such date, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a final rule that defines the following: (A) The steps a plan sponsor must take to locate a deferred vested participant in order to meet its fiduciary duty under section 404 of the Employee Retirement Income Security Act of 1974 with respect to locating that participant. (B) The ongoing practices and procedures a plan sponsor must institute in order to meet such fiduciary duty with respect to maintaining up-to-date contact information on deferred vested participants. | https://www.govinfo.gov/content/pkg/BILLS-117s1730is/xml/BILLS-117s1730is.xml |
117-s-1731 | II 117th CONGRESS 1st Session S. 1731 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Warren (for herself, Mr. Paul , Mr. Grassley , Mrs. Shaheen , Ms. Sinema , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide certain coverage of audiologist services under the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Medicare Audiologist Access and Services Act of 2021 . 2. Findings Congress finds the following: (1) Individuals with mild hearing loss are 3 times more likely to experience a fall, and falls are the leading cause of fatal injury for Americans over 65. (2) Seniors with hearing loss are more likely to develop cognitive problems and experience cognitive decline up to 40 percent faster than those without hearing loss. (3) Untreated hearing loss can lead to depression, anxiety, and social isolation. (4) Timely access to diagnosis and treatment for hearing and vestibular conditions can improve outcomes for beneficiaries and reduce overall cost of care. (5) Licensed audiologists in all 50 States and the District of Columbia are health care professionals trained in the diagnosis, treatment, and rehabilitation of individuals with hearing, balance, and related disorders. (6) The Medicare program covers a range of hearing health services, including diagnostic and therapeutic services. However, Medicare will only reimburse audiologists for a narrow set of diagnostic services—even when Medicare-covered treatment services are in the scope of practice of audiologists. Medicare also requires patients to receive a physician order before even receiving diagnostic services from audiologists in order for those services to be covered by Medicare. (7) The Department of Defense Medical Health System, the Veterans Health Administration, the Office of Personnel Management (through many of its Federal Employees Health Benefits plans), and many Medicaid and private health plans provide patients direct access to audiologists and do not condition reimbursement on referral by a physician. (8) The National Academy of Sciences, Engineering, and Medicine issued a report, entitled, Hearing Health Care for Adults: Priorities for Improving Access and Affordability , which recommended that the Centers for Medicare & Medicaid Services examine pathways for enhancing access to assessment for and delivery of auditory rehabilitation services through Medicare, including reimbursement to audiologists for these services . (9) Administrative requirements for referral, plan of care, consultation with the attending physician or other health care practitioner, and oversight unnecessarily delay care and may increase costs. (10) Medicare beneficiaries should have access to the same level of audiologic care as is available in the Veterans Administration, under the Federal Employees Health Benefits Program, and under private insurance. 3. Medicare coverage of audiologist services (a) In general Section 1861(s) of the Social Security Act ( 42 U.S.C. 1395x(s) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by inserting but excluding services furnished by a qualified audiologist before the semicolon; (B) in subparagraph (GG), by striking and at the end; (C) in subparagraph (HH), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subparagraph: (II) audiologist services (as defined in subsection (ll)(3)); ; and (2) in paragraph (3), by inserting (including services supervised by a qualified audiologist but excluding services supervised by a qualified audiologist under the supervision of a physician or other health care practitioner) before the semicolon. (b) Improved access to audiologist services Paragraph (3) of section 1861(ll) of the Social Security Act ( 42 U.S.C. 1395x(ll) ) is amended to read as follows: (3) The term audiologist services means such diagnostic or treatment services furnished by a qualified audiologist which the qualified audiologist is legally authorized to perform under State law (or the regulatory mechanism provided by State law), as would otherwise be covered if furnished by a physician or as an incident to a physician’s service, without regard to any requirement that the individual receiving such audiologist services is under the care of (or referred by) a physician or other health care practitioner or that such services are furnished under the supervision of a physician or other health care practitioner. . (c) Payment under the physician fee schedule (1) Provision for payment under part B Section 1832(a)(2)(B)(iii) of the Social Security Act ( 42 U.S.C. 1395k(a)(2)(B)(iii) ) is amended by inserting audiologist services, after qualified psychologist services, . (2) Payment amount and coinsurance Section 1833(a)(1) of such Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and before (DD); and (B) by inserting before the semicolon at the end the following: ; and (EE) with respect to audiologist services furnished under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or the fee schedule amount provided under section 1848 . (3) Payment on assignment-related basis Section 1842(b)(18)(C) of such Act ( 42 U.S.C. 1395u(b)(18)(C) ) is amended by adding at the end the following new clause: (vii) An audiologist. . (4) Payment under physician fee schedule Section 1848(j)(3) of such Act ( 42 U.S.C. 1395w–4(j)(3) ) is amended by inserting (2)(II), before (3), . 4. Rule of construction Nothing in the amendments made by this Act shall be construed to expand the scope of audiologist services or services for which payment may be made to other providers under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.) beyond those services for which such payment may be made as of December 31, 2021. 5. Effective date The amendments made by this Act shall apply to items and services furnished on or after January 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s1731is/xml/BILLS-117s1731is.xml |
117-s-1732 | II 117th CONGRESS 1st Session S. 1732 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a Freight Rail Innovation Institute to carry out a research and development program to develop new technologies for freight rail locomotives.
1. Freight Rail Innovation Institute (a) In general Chapter 229 of title 49, United States Code, is amended by adding at the end the following: 22909. Freight Rail Innovation Institute (a) Establishment Not later than 6 months after the date of the enactment of this section, the Secretary of Transportation, in coordination with the Secretary of Energy, representatives of the National Laboratories, the National Institute of Standards and Technology, and the National Science Foundation, and in partnership with an eligible institution of higher education and a freight rail locomotive manufacturer, shall establish a Freight Rail Innovation Institute (referred to in this section as the Institute ) to carry out a research and development program— (1) to develop— (A) technologies necessary for the design, development, manufacturing, and operation of zero-emission battery and hydrogen-powered freight locomotives; and (B) technologies that enhance freight rail safety, efficiency and utilization; and (2) to accelerate the deployment of— (A) zero-emission locomotives, including passenger locomotives; (B) supporting supply chains; (C) advanced freight and logistics systems; and (D) related workforce development and education innovations. (b) Activities The Institute shall— (1) research, develop, and deploy zero-emission battery and hydrogen-powered freight locomotives and locomotive technologies; (2) develop and operate testing programs and demonstration facilities; (3) develop advanced technologies that advance freight rail safety, efficiency, logistics, and utilization; (4) develop and deploy an operating prototype hydrogen powered locomotive; (5) deploy a revenue service testing and demonstration program to accelerate commercial adoption of battery electric locomotives; (6) develop specific technologies and innovations to support the manufacturing and deployment of zero-emission locomotives for passenger rail; (7) pay wages to all laborers and mechanics employed by the Institute at rates that are not less than those prevailing for the same type of work for similar projects in the immediate locality, consistent with the wage requirement set forth in section 113(a) of title 23, United States Code; (8) ensure that the freight rail locomotive manufacturer that is associated with the Institute fully complies with the Buy America requirement set forth in section 22905(a) with respect to all manufacturing and production associated with the Institute and as a result of new technologies, innovations, and methods developed (at least in part) by the Institute; and (9) carry out other activities that the Secretary of Transportation considers necessary. (c) Applicant requirements Applicants seeking to establish the Institute under this section shall— (1) be a partnership consisting of at least 1 institution of higher education and at least 1 freight rail locomotive manufacturer, which shall enter into a cost-sharing agreement for purposes of the Institute; and (2) submit a comprehensive proposal to the Secretary of Transportation that— (A) identifies how the activities described in subsection (b) will be carried out by the Institute; and (B) includes a Memorandum of Understanding, signed by all partners, that comprehensively addresses all aspects of the Institute’s work, including how intellectual property and revenue sharing from resulting technological developments will be handled; (C) includes such other information as the Secretary may require. (d) Considerations In selecting the applicant that will receive funding to establish the Institute, the Secretary of Transportation shall consider— (1) the extent to which the applicant’s proposal maximizes greenhouse gas reductions and other environmental benefits; (2) the ability of the applicant’s proposal to increase the use of low- and zero- emission freight rail technologies among the United States freight and passenger rail industry; (3) the anticipated public benefits of the applicant’s proposal, including the creation of construction, manufacturing, and services jobs that pay prevailing wages; (4) proposed plans to train workers from the area surrounding the Institute to develop competitive advanced manufacturing, battery- or hydrogen-power, and advanced freight utilization, network safety and logistics technology skills; (5) the degree to which the applicant, including its freight rail locomotive manufacturer, has experience— (A) carrying out battery and hydrogen research on freight locomotives that reduce greenhouse gas emissions; and (B) developing freight rail advanced signaling, network safety, and logistics technologies; (6) the extent to which the applicant’s proposal increases the proportional amount of goods moved by freight rail in the United States; (7) the extent to which such proposal— (A) maximizes the private share of the total cost of the institute beyond the minimum level required under subsection (d); and (B) sustains the private investment up to and beyond 2026; and (8) whether the proposed Institute is located at a site that— (A) has legacy rail infrastructure; (B) has access to freight rail tracks and rail connections; and (C) is located on a redeveloped brownfield site in close proximity to a freight rail locomotive manufacturer, an institution of higher education, and a short line or regional railroad. (e) Funding requirement The non-Federal share of the costs of the Institute’s research and development program shall be not less than 50 percent. (f) Notification (1) Notice Not later than 3 days after Congress appropriates funds for the Institute for any fiscal year, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives — (A) the institution of higher education and freight rail locomotive manufacturer that have been selected to receive such funding to operate the Institute; and (B) a summary of activities to be carried out by the Institute. (2) Annual report Not later than 1 year after Congress appropriates funds for the Institute for any fiscal year, the Secretary shall submit a report to the committees listed under paragraph (1) that summarizes the work of the Institute on— (A) low- and zero-emission rail technologies; (B) increased freight rail utilization; and (C) training a workforce in advanced manufacturing, battery- or hydrogen-power, advanced freight utilization, network safety, logistics technology skills, and advanced rail safety and logistics technologies. (g) Authorization of appropriations There is authorized to be appropriated $120,000,000 for each of the fiscal years 2022 through 2026, to carry out the activities of the Institute described in subsection (b). Such sums shall remain available until expended. (h) Definitions In this section: (1) Freight rail locomotive manufacturer The term freight rail locomotive manufacturer means a company that— (A) is headquartered in the United States; and (B) is engaged in the design, manufacture, and sale of freight rail locomotives, train network systems, engines, parts, logistics, rail safety and braking systems, and other freight rail and locomotive products. (2) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). . (b) Clerical amendment The analysis for chapter 229 of title 49, United States Code, is amended by adding at the end the following: 22909. Freight Rail Innovation Institute. . | https://www.govinfo.gov/content/pkg/BILLS-117s1732is/xml/BILLS-117s1732is.xml |
117-s-1733 | II 117th CONGRESS 1st Session S. 1733 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Klobuchar (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize implementation grants to community-based nonprofits to operate one-stop reentry centers.
1. Short title This Act may be cited as the One Stop Shop Community Reentry Program Act of 2021 . 2. Community reentry center grant program (a) Program authorized The Attorney General is authorized to carry out a grant program to make grants to eligible entities for the purpose of creating community reentry centers. (b) Application requirements Each application for a grant under this section shall— (1) demonstrate a plan to work with community leaders who interact with formerly incarcerated people and their families to— (A) identify specific strategies and approaches to providing reentry services; (B) develop a needs assessment tool to survey or conduct focus groups with community members in order to identify— (i) the needs of individuals returning to the community after conviction or incarceration, and the barriers such individuals face; and (ii) the needs of the families and communities to which such individuals are returning; and (C) use the information gathered pursuant to subparagraph (B) to determine the reentry services to be provided by the community reentry center; (2) identify the correctional institutions from which individuals who are released from incarceration are likely to reenter the community served by the community reentry center, and develop a plan, if feasible, to provide transportation for such released individuals to the community reentry center, to the individual’s residence, or to a location where the individual is ordered by a court to report; (3) demonstrate a plan to provide accessible notice of the location of the reentry intake and coordination center and the services that it will provide (either directly or on a referral basis), including, where feasible, within and outside of correctional institutions identified under paragraph (1); (4) demonstrate a plan to provide intake and reentry needs assessment that is trauma-informed and gender-responsive after an individual is released from a correctional institution, or, in the case of an individual who is convicted of an offense and not sentenced to a term of imprisonment, after such conviction, and where feasible, before release, to ensure that the individuals served by the center are referred to appropriate reentry services based on the individual’s needs immediately upon release from a correctional institution or after conviction, and continuously thereafter as needed; (5) demonstrate a plan to provide the reentry services identified in paragraph (1)(C); (6) demonstrate a plan to continue to provide services (including through referral) for individuals served by the center who move to a different geographic area to ensure appropriate case management, case planning, and access to continuous or new services, where necessary, and based on consistent reevaluation of needs; (7) identify specific methods that the community reentry center will employ to achieve performance objectives among the individuals served by the center, including— (A) increased access to and participation in reentry services; (B) reduction in recidivism rates; (C) increased numbers of individuals obtaining and retaining employment; (D) increased enrollment in and degrees earned from educational programs, including high school, GED, and institutions of higher education; (E) increased numbers of individuals obtaining and maintaining housing; and (F) increased self-reports of successful community living, including stability of living situation and positive family relationships; and (8) to the extent practicable, identify State, local, and private funds available to supplement the funds received under this section. (c) Preference The Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals who have been convicted of an offense, or served a term of imprisonment and have completed any court-ordered supervision, or that, to the extent allowable by law, employ such formerly incarcerated individuals in positions of responsibility. (d) Evaluation and report (1) Evaluation The Attorney General shall enter into a contract with a nonprofit organization with expertise in analyzing data related to reentry services and recidivism to monitor and evaluate each recipient of a grant and each community reentry center receiving funds under this section on an ongoing basis. (2) Administrative burden The nonprofit organization described in paragraph (1) shall provide administrative support to assist recipients of grants authorized by this Act to comply with the conditions associated with the receipt of funding from the Department of Justice. (3) Report Not later than one year after the date on which grants are initially made under this section, and annually thereafter, the Attorney General shall submit to Congress a report on the program, which shall include— (A) the number of grants made, the number of eligible entities receiving such grants, and the amount of funding distributed to each eligible entity pursuant to this section; (B) the location of each eligible entity receiving such a grant, and the population served by the community reentry center; (C) the number of persons who have participated in reentry services offered by a community reentry center, disaggregated by type of services, and success rates of participants in each service to the extent possible; (D) the number of persons who have participated in reentry services for which they received a referral from a community reentry center, disaggregated by type of services, and success rates of participants in each service; (E) recidivism rates within the population served by each community reentry center, both before and after receiving a grant under this section; (F) the numbers of individuals obtaining and retaining employment within the population served by each community reentry center, both before and after receiving a grant under this section; and (G) the number of individuals obtaining and maintaining housing within the population served by each community reentry center, both before and after receiving a grant under this section. (e) Definitions In this section: (1) Community leader The term community leader — (A) means an individual who serves the community in a leadership role; and (B) includes— (i) a school official; (ii) a faith leader; (iii) a social service provider; (iv) a member of a neighborhood association; (v) a public safety representative; (vi) an employee of an organization that provides reentry services; (vii) a member of a civic or volunteer group related to the provision of reentry services; (viii) a health care professional; and (ix) an employee of a State, local, or tribal government agency with expertise in the provision of reentry services. (2) Community reentry center The term community reentry center means a center that— (A) offers intake, reentry needs assessments, case management, and case planning for reentry services for individuals returning to the community after conviction or incarceration; (B) provides the reentry services identified under subsection (b)(1)(C) at a single location; and (C) provides referrals to appropriate service providers based on the assessment of needs of the individuals. (3) Eligible entity The term eligible entity means a community-based nonprofit organization that— (A) has expertise in the provision of reentry services; and (B) is located in a geographic area that has disproportionately high numbers of residents, when compared to the local community, who— (i) have been arrested; (ii) have been convicted of a criminal offense; and (iii) return to such geographic area after incarceration. (4) Reentry services The term reentry services — (A) means comprehensive and holistic services that improve outcomes for individuals returning to the community after conviction or incarceration; and (B) includes— (i) seeking and maintaining employment, including through assistance with drafting resumes, establishing emails accounts, locating job solicitations, submitting of job applications, and preparing for interviews; (ii) placement in job placement programs that partner with private employers; (iii) obtaining free and low-cost job skills classes, including computer skills, technical skills, vocational skills, and any other job-related skills; (iv) locating and maintaining housing, which may include counseling on public housing opportunities, assisting with applications for public housing benefits, locating and securing temporary or long-term shelter, and applying for home energy and utility assistance programs; (v) obtaining identification cards and driver’s licenses; (vi) registering to vote, and applying for voting rights to be restored, where permitted by law; (vii) applying for or accessing GED courses; (viii) applying for loans for and admission to institutions of higher education; (ix) financial counseling; (x) legal assistance or referrals for record expungement, forfeiture of property or assets, family law and custody matters, legal aid services (including other civil legal aid services), and relevant civil matters including housing and other issues; (xi) retrieving property or funds retained by the arresting agency or facility of incarceration, or retrieving property or funds obtained while incarcerated; (xii) transportation, including through provision of transit fare; (xiii) familial counseling; (xiv) problem-solving, in coordination with counsel where necessary, any difficulties in compliance with court-ordered supervision requirements, including restrictions on living with certain family members, contact with certain friends, bond requirements, location and residency restrictions, electronic monitoring compliance, court-ordered substance abuse, and other court-ordered requirements; (xv) communication needs, including providing a mobile phone, mobile phone service or access, or internet access; (xvi) applying for State or Federal government benefits, where eligible, and assisting in locating free or reduced cost food and sustenance benefits; (xvii) life skills assistance; (xviii) mentorship; (xix) medical and mental health services, and cognitive-behavioral programming; (xx) substance abuse treatment; (xxi) reactivation, application for, and maintenance of professional or other licenses; and (xxii) providing case management services, in connection with court-orders terms of release, or other local publicly supported social work case management. (5) Success rate The term success rate means the rate of recidivism (as measured by a subsequent conviction or return to prison), job placement, permanent housing placement, or completion of certification, trade, or other education program. (f) Authorization of appropriations (1) In general There is authorized to be appropriated $10,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (2) Equitable distribution The Attorney General shall ensure that grants awarded under this section are equitably distributed among the geographical regions and between urban and rural populations, including Indian Tribes, consistent with the objective of reducing recidivism. 3. Grants for reentry services assistance hotlines (a) Grants authorized (1) In general The Attorney General is authorized to make grants to States, Indian Tribes, and units of local government to operate reentry services assistance hotlines that are toll-free and operate 24 hours a day, 7 days a week. (2) Grant period A grant made under paragraph (1) shall be for a period of not more than 5 years. (b) Hotline requirements A grant recipient shall ensure, with respect to a hotline funded by a grant under subsection (a), that— (1) the hotline directs individuals to local reentry services (as such term is defined in section 2(e)); (2) any personally identifiable information that an individual provides to an agency of the State or Indian Tribe through the hotline is not directly or indirectly disclosed, without the consent of the individual, to any other agency or entity, or person; (3) the staff members who operate the hotline are trained to be knowledgeable about— (A) applicable Federal, State, Tribal, and local reentry services; and (B) the unique barriers to successful reentry into the community after a person has been convicted or incarcerated; (4) the hotline is accessible to— (A) individuals with limited English proficiency, where appropriate; and (B) individuals with disabilities; and (5) the hotline has the capability to engage with individuals using text messages. (c) Best practices The Attorney General shall issue guidance to grant recipients on best practices for implementing the requirements of subsection (b). (d) Preference The Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals to operate the hotline who have been convicted of an offense, or have served a term of imprisonment and have completed any court-ordered supervision. (e) Definitions In this section: (1) 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 ). (2) 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. (f) Authorization of appropriations There is authorized to be appropriated $1,500,000 for each of fiscal years 2022 through 2026 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s1733is/xml/BILLS-117s1733is.xml |
117-s-1734 | II 117th CONGRESS 1st Session S. 1734 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Wyden (for himself, Mr. Manchin , Ms. Cantwell , and Mrs. Feinstein ) 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 and the Secretary of Agriculture to encourage and expand the use of prescribed fire on land managed by the Department of the Interior or the Forest Service, with an emphasis on units of the National Forest System in the western United States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the National Prescribed Fire Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Use of Funds Sec. 101. Prescribed fire accounts. Sec. 102. Policies and practices. Sec. 103. Collaborative prescribed fire program. Sec. 104. Large cross-boundary prescribed fire incentive program. TITLE II—Facilitating Implementation and Outreach Sec. 201. Cooperative agreements and contracts. Sec. 202. Human resources. Sec. 203. Liability of certified prescribed fire managers. Sec. 204. Environmental review. Sec. 205. Prescribed fire education program. TITLE III—Reporting; Termination Sec. 301. Annual reports to the National Fire Planning and Operations Database. Sec. 302. Termination date. 2. Findings Congress finds that— (1) in 2018, the Forest Service Fire Modeling Institute determined that 63,070,000 acres of National Forest System land and 171,200,000 acres of other forest land were at high or very high risk of experiencing a wildfire that would be difficult to suppress; (2) according to the National Interagency Coordination Center, between 2009 and 2018, in the United States, on average— (A) 67,000 wildfires burned 7,000,000 acres annually; and (B) 86,345 prescribed fires burned only 3,000,000 acres annually; (3) indigenous communities have used controlled burns to manage landscapes since time immemorial; (4) according to the National Interagency Coordination Center, the annual cost of suppressing wildfires in a State with an active prescribed burning program is less than 1 percent of the annual cost of suppressing wildfires in a State without an active prescribed burning program, despite each State having the same number of wildfires; (5) according to a 2017 study published in the Journal of Forestry, on a given acre, a prescribed fire burning in April or May produces less than 1/5 of the smoke emissions of a wildfire that would burn on that acre in August; (6) according to a 2019 study conducted by Stanford University, smoke from prescribed fires exposes children to fewer negative health effects than the detrimental smoke generated by wildfires; (7) according to a 2015 study published in Ecology, trees that have not been burnt by a low-intensity fire are unusually prone to bark beetle attacks, and between 2000 and 2010, bark beetles killed the majority of trees on 32,000,000 acres of the 193,000,000 acres of National Forest System land; (8) as of September 30, 2019, there were— (A) 37 prescribed fire councils in 33 States; and (B) 64 prescribed burn associations in 11 States; (9) according to the 2018 National Prescribed Fire Use Survey Report— (A) 37 States regulate prescribed fires by issuing burn permits; (B) 23 States offer prescribed burn manager certification courses to facilitate responsible burning on private land; (C) only 5 States (Vermont, Massachusetts, Missouri, Connecticut, and Rhode Island) lack laws to reduce liability associated with the responsible use of prescribed fire; and (D) only 8 States (Florida, Montana, Nevada, Colorado, Michigan, Georgia, South Carolina, and Washington) have laws that use a standard of gross negligence for determining liabilities for the responsible use of prescribed fire; and (10) as of September 30, 2019, 31 States have a formal process to track the number of acres treated for forestry purposes using prescribed fire. 3. Definitions In this Act: (1) Federal land The term Federal land means— (A) public land (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); (B) units of the National Park System; (C) units of the National Wildlife Refuge System; (D) land held in trust by the United States for the benefit of Indian Tribes or members of an Indian Tribe; and (E) land in the National Forest System. (2) National Forest System (A) In general The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (B) Exclusion The term National Forest System does not include— (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq.); or (ii) National Forest System land east of the 100th meridian. (3) Prescribed fire The term prescribed fire means a fire deliberately ignited to burn wildland fuels in a natural or modified state— (A) under specified environmental conditions that allow the fire to be confined to a predetermined area and produce the fireline intensity and rate of spread required to attain planned resource management objectives; and (B) in accordance with applicable law, including applicable regulations. (4) Secretaries The term Secretaries means— (A) the Secretary; and (B) the Secretary of Agriculture. (5) Secretary The term Secretary means the Secretary of the Interior. I Use of Funds 101. Prescribed fire accounts (a) Definition of Secretary concerned In this section, the term Secretary concerned means— (1) the Secretary of Agriculture, with respect to an account established by this section for the Department of Agriculture; and (2) the Secretary, with respect to an account established by this section for the Department of the Interior. (b) Establishment of accounts There are established in the Treasury of the United States the following accounts: (1) The Prescribed Fire account for the Department of Agriculture. (2) The Prescribed Fire account for the Department of the Interior. (c) Authorization of appropriations There are authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter for the accounts established by subsection (b) such sums as are necessary to carry out this section, not to exceed $300,000,000. (d) Presidential budget requests For fiscal year 2023 and each fiscal year thereafter, each Secretary concerned shall submit, through the budget request of the President, a request for amounts in the Wildland Fire Management appropriation account of the Secretary concerned to carry out the activities described in subsection (e). (e) Authorized activities The Secretary concerned shall use amounts in the accounts established by subsection (b) as follows: (1) The Secretary concerned shall— (A) develop a prescribed fire plan, carry out necessary environmental review, conduct outreach to the public, Indian Tribes, and adjacent landowners, and implement a prescribed fire on Federal land; (B) hire additional personnel and procure additional equipment, including unmanned aerial systems equipped with an aerial ignition system, to implement a greater number of prescribed fires; (C) provide training for the implementation of a prescribed fire; (D) conduct post-prescribed fire activities, including reseeding to prevent the spread of invasive species; and (E) conduct monitoring for safety and fire effects. (2) The Secretaries shall coordinate to jointly develop a common data management and analysis system for planning and post-treatment accountability. (3) The Secretary concerned may assist State, Tribal, local government, or private prescribed fire programs— (A) to provide federally sponsored insurance administered by States, in conjunction with State-sponsored training and certification programs, for private persons implementing prescribed fires; (B) to establish a training or certification program for teams comprised of citizens or local fire services to conduct prescribed fires on private land, consistent with any standards developed by the National Wildfire Coordinating Group or State prescribed fire standards; (C) to enable additional fire managers and apparatus, whether provided by the local resources of an agency, private contractors, nongovernmental organizations, Indian Tribes, local fire services, or qualified individuals, to be present while implementing a prescribed fire; (D) pursuant to the memorandum of agreement authorized under section 203; or (E) to finance the implementation of a prescribed fire on State, Tribal, or private land and any post-prescribed fire activities as are determined to be necessary by the Secretary concerned. (4) The Secretary concerned may provide technical or financial assistance to a prescribed fire council or prescribed burn association for the establishment or operation of the council or association. (5) The Secretary may provide funding for the collaborative prescribed fire program established under section 103. (6) The Secretary may provide funding for the large cross-boundary prescribed fire program established under section 104. (f) Prioritization of funding (1) In general Subject to paragraph (2), the Secretary concerned shall coordinate with Federal, State, and local agencies, Indian Tribes, and qualified nongovernmental organizations, including through the Wildland Fire Leadership Council, to establish prioritization criteria for expending funds under this section for each activity described in subsection (e). (2) Requirement In establishing criteria under paragraph (1), the Secretary concerned shall give priority to a project that is— (A) implemented across a large contiguous area; (B) cross-boundary in nature; (C) in an area that is threatening to, or located in, the wildland-urban interface; (D) in an area identified as a priority area in a statewide forest resource assessment; (E) on acres at high or very high risk of experiencing a wildfire that would be difficult to suppress; (F) in an area that is designated as critical habitat and in need of ecological restoration or enhancement; or (G) supportive of potential operational delineations or a strategic response zone. 102. Policies and practices (a) In general The Secretaries shall significantly increase the number and size of prescribed fires conducted on Federal land. (b) Use of funds for prescribed fires From amounts appropriated to carry out the activity described in section 101(e)(1), the Secretaries may carry out prescribed fires on not more than 20,000,000 acres of Federal land per year. (c) Requiring minimum acreage Subject to the availability of appropriations, the Secretaries shall carry out prescribed fires annually on at least 1,000,000 acres of Federal land. (d) Increase in familiarity with prescribed fires in local units Subject to the availability of appropriations, not later than September 30, 2023, the Secretaries shall each have carried out a minimum of 1 prescribed fire on each unit of the National Forest System, unit of the National Wildlife Refuge System, unit of the National Park System, and Bureau of Land Management district under the jurisdiction of the Secretaries— (1) that includes an area that— (A) has a historical low-severity fire regime; (B) has a historical fire-return interval of not more than 35 years; and (C) is larger than 100 acres; and (2) less than 50 percent of the land of which was burned by a wildland fire during the previous 10-year period. 103. Collaborative prescribed fire program (a) In general The Secretary shall establish within the Department of the Interior a collaborative prescribed fire program (referred to in this section as the program ) to provide financial assistance to eligible entities, including units of Federal land management agencies, Indian Tribes, and prescribed fire councils, for the implementation of proposals for the conduct of prescribed fires in priority landscapes in accordance with applicable existing policies, including the National Cohesive Wildland Fire Management Strategy. (b) Proposal criteria To be eligible for selection for the program, a proposal shall— (1) identify and prioritize planned prescribed fires for a 6-year period within a landscape; (2) establish annual accomplishment targets for prescribed fires under the proposal; (3) be developed through a collaborative process; (4) be implemented across multiple jurisdictions; (5) provide an estimate of— (A) the amount of annual Federal financial assistance necessary to implement the proposal; and (B) the amount of non-Federal funds that would be leveraged; (6) describe benefits to sensitive wildlife species of concern; and (7) describe any established record of successful collaborative planning or use of prescribed fire by the eligible entity. (c) Selection criteria Subject to the availability of appropriations, the Secretary shall select proposals for financial assistance under the program that, as determined by the Secretary, would likely use the least amount of Federal funding to treat the most acres at high or very high risk of experiencing a wildfire that would be difficult to suppress. (d) Limitations (1) Number of projects The Secretary may select not more than 20 proposals to be funded under the program in any fiscal year. (2) Project funding The Secretary may not provide more than $1,000,000 of Federal funds under the program to any 1 project in a fiscal year. (3) Project performance The Secretary shall cease funding any proposal that, for 3 consecutive years, fails to meet the annual accomplishment targets that were established under subsection (b)(2). (e) Prescribed fire training exchanges Not less frequently than once every 3 years, a recipient of financial assistance under the program shall provide to local entities and non-local entities experiential training relating to prescribed fires. (f) Reporting (1) Project reporting A recipient of financial assistance under the program shall annually submit to the Secretary a report summarizing, at a minimum— (A) the numbers of acres treated with prescribed fire by the recipient under the program; and (B) the amount of Federal and non-Federal funds used by the recipient under the program. (2) Program reporting Not later than 2 years after the first fiscal year in which funding is made available to carry out prescribed fires under the program, and every 2 years thereafter, 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 on the program. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. 104. Large cross-boundary prescribed fire incentive program (a) In general Subject to the availability of appropriations, the Secretary shall establish an incentive program to encourage the implementation of large, cross-boundary prescribed fires by providing incentive payments for conducting a qualified prescribed fire. (b) Qualified prescribed fires (1) Criteria A qualified prescribed fire under the program under this section is a prescribed fire that— (A) occurred on not less than 2 parcels of land that were under different ownership; (B) occurred on land under Federal, State, or local government ownership; and (C) had a target area identified in a prescribed fire plan of not less than 50,000 acres. (2) Multiple fires The Secretary may consider a series of prescribed fires conducted within 1 fiscal year by the same 1 or more entities to be a qualified prescribed fire under the program under this section if the series of fires collectively meet the criteria under paragraph (1). (c) Payments (1) State and county incentive payments The Secretary shall make payments to the State and county in which a qualified prescribed fire was implemented in an amount not greater than $100,000. (2) National Forest System land In the case of each qualified prescribed fire on a unit of the National Forest System, the Secretary shall transfer to the Secretary of Agriculture, acting through the Chief of the Forest Service, an amount not greater than $100,000, which shall be used for that unit of the National Forest System. (3) Other Federal land In the case of each qualified prescribed fire on land under the jurisdiction of the Secretary, the Secretary shall increase the funding allocation to the agency of the Department of the Interior that manages the land in an amount not greater than $100,000. (4) Indian country In the case of each qualified prescribed fire in Indian country (as defined in section 1151 of title 18, United States Code), the Secretary shall make a payment to the applicable Indian Tribe in an amount not greater than $100,000. II Facilitating Implementation and Outreach 201. Cooperative agreements and contracts (a) Definition of eligible entity In this section, the term eligible entity means a State, an Indian Tribe, a county or municipal government, a fire district, a nongovernmental organization, including the Nature Conservancy, or a private entity. (b) Authorization The Secretaries may enter into a cooperative agreement or contract with an eligible entity to authorize the eligible entity to coordinate, plan, or conduct a prescribed fire on Federal land. (c) Subcontracts A State, Indian Tribe, or county that enters into a cooperative agreement or contract under subsection (b) may enter into a subcontract, in accordance with applicable contracting procedures of the State, Indian Tribe, or county, to conduct a prescribed fire on Federal land pursuant to that cooperative agreement or contract. (d) Agent of Secretary A cooperative agreement or contract entered into under subsection (b) may authorize the eligible entity to serve as the agent for the Secretary or the Secretary of Agriculture in coordinating, planning, or conducting a prescribed fire— (1) on Federal land; or (2) across an area that— (A) includes adjacent landowners; and (B) includes Federal land. (e) Indemnity requirements Each eligible entity contracted for implementing a prescribed fire shall procure and maintain sufficient indemnity insurance during the entire period of performance under the cooperative agreement or contract entered into under this section. (f) Applicable law A prescribed fire conducted under this section shall be carried out on a project-to-project basis under existing authorities of the applicable agency responsible for the management of the Federal land. (g) Preservation of decision authority No project authorized under this section may be undertaken without the prior written approval of the Secretary or the Secretary of Agriculture. (h) Long-Term contracts A cooperative agreement or contract with an eligible entity under subsection (b) may authorize the eligible entity to conduct a series of prescribed fires on Federal land for a period of not longer than 10 years. 202. Human resources (a) Prescribed fire workforce (1) Training The Secretaries shall hire additional employees and provide training and development activities, including through partnerships with community colleges, to increase the number of skilled and qualified prescribed fire practitioners in the Department of the Interior, the Department of Agriculture, Indian Tribes, and other qualified organizations, including training in smoke management practices. (2) Temporary workers (A) In general The Director of the Office of Personnel Management shall provide to the Secretaries direct hire authority in accordance with section 3304(a)(3) of title 5, United States Code, to appoint qualified individuals to positions performing temporary or emergency work relating to prescribed fires, including training, implementation, and post-prescribed burning activities. (B) Term of employment The term of the appointment of an individual under subparagraph (A) shall be restricted to a period that— (i) begins not more than 72 hours prior to planned ignition; and (ii) ends not more than 72 hours after the prescribed fire has stopped burning. (3) Overtime payments (A) Purpose The purpose of the amendment made by subparagraph (B) is to allow the Secretaries to use additional new budget authority for wildfire suppression for the cost of overtime payments to employees implementing a prescribed fire. (B) Amendment Section 251(b)(2)(F)(ii)(II) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(F)(ii)(II) ) is amended— (i) in item (bb), by striking and at the end; (ii) in item (cc), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (dd) overtime payments to employees implementing a prescribed fire (as defined in section 3 of the National Prescribed Fire Act of 2021 ). . (4) Dedicated prescribed fire crews (A) In general The Secretaries shall establish not fewer than 1 crew of Federal employees the primary responsibility of which is implementing prescribed fires. (B) Term of employment Notwithstanding section 213.104 or 316.401 of title 5, Code of Federal Regulations (or successor regulations), an employee of a crew established under subparagraph (A) may— (i) be hired as a seasonal employee or temporary employee; and (ii) work more than 1,040 hours per year. (C) Permanent prescribed fire employees The Secretaries may noncompetitively convert a Federal seasonal employee of a crew established under this paragraph to a Federal permanent employee, subject to paragraph (5). (5) Conversion of seasonal firefighters to permanent employees The Secretaries may noncompetitively convert a Federal seasonal employee to a Federal permanent employee if— (A) the listed job duties of the employee include wildland firefighting; (B) the employee received a rating of at least Fully Successful in each of the performance appraisals of the employee for the 5 most recent seasons of Federal employment of the employee; and (C) the job duties and performance standards of the position into which the permanent employee converts include implementing prescribed fires. (6) Employment of formerly incarcerated individuals (A) In general The Secretaries, in consultation with the Attorney General and State departments of corrections, shall seek to provide a career pathway, including through partnerships with the Corps Network, to individuals described in subparagraph (B) to work as prescribed fire practitioners. (B) Individuals described An individual referred to in subparagraph (A) is an individual that— (i) has been convicted in any court of a criminal offense, other than arson, and was sentenced to a term of imprisonment for that offense; and (ii) during the term of imprisonment described in clause (i), served on a wildland firefighting crew or received other comparable training. (7) Underrepresented employees To further address the gender disparity in wildland firefighting, the Secretaries shall support the development and participation of women in leadership opportunities, mentorship networks, and training in prescribed fire, including the Fire Leadership for Women course and Women-In-Fire Training Exchange— (A) to develop strong leaders; (B) to increase the number of women overseeing prescribed fires; and (C) to enhance the longevity and success of women in wildland fire management. (8) Veterans crews (A) In general The Secretaries, in consultation with the Secretary of Veterans Affairs, shall seek— (i) to provide a career pathway to individuals described in subparagraph (B) to work as prescribed fire practitioners; and (ii) to establish crews composed predominantly of veterans to conduct prescribed fires. (B) Individuals described An individual referred to in subparagraph (A) is an individual who— (i) served in the active military, naval, or air service; and (ii) was discharged or released under conditions other than dishonorable. (9) Inter-Tribal organizations The Secretaries may provide funding to Tribal and inter-Tribal organizations, including the Intertribal Timber Council, to provide training and workforce development opportunities in wildland fire. (b) Additional training centers Subject to the availability of appropriations, not later than September 30, 2023, the Secretary, in cooperation with the Secretary of Agriculture (and the Secretary of Defense in the case of a center located on a military installation), shall— (1) establish and operate a prescribed fire training center in a western State; (2) continue to operate a prescribed fire training center in an eastern State; (3) establish a virtual prescribed fire training center; and (4) establish and operate a managed-wildfire training center. (c) Competencies for firefighters (1) Updates to required competencies for specific firefighter positions The Secretaries, in coordination with the Fire Executive Council, the National Association of State Foresters, and the Intertribal Timber Council, shall task the National Wildfire Coordinating Group to add a requirement for an individual to obtain the necessary certification to serve in— (A) the position of a single-resource boss; and (B) any other positions determined to be necessary by the Secretaries. (2) Additional experience The Secretaries shall require significant additional experience, gained exclusively during a prescribed fire, to obtain a certification described in paragraph (1). (d) Indemnity of Federal and Tribal employees Except in the case of gross negligence, a Federal employee or an employee contracted by an Indian Tribe pursuant to a contract under the Indian Self-Determination Act ( 25 U.S.C. 5321 et seq.) overseeing a prescribed fire that escaped— (1) shall not be subject to criminal prosecution; and (2) shall not be subject to civil proceedings, except in accordance with section 2672 of title 28, United States Code. 203. Liability of certified prescribed fire managers (a) Definition of covered law In this section, the term covered law means a State law that establishes the standard of care in a civil suit against a certified prescribed fire manager for an escaped prescribed fire to be gross negligence , if the certified prescribed fire manager— (1) obtained a permit for the prescribed fire; (2) conducted the prescribed fire consistent with a written prescribed fire plan; (3) was at the site of prescribed fire for the duration of the prescribed fire; (4) ensured adequate personnel, equipment, and firebreaks were in place during the prescribed fire, in accordance with the written prescribed fire plan; and (5) complied with any applicable Federal, Tribal, State, and local laws. (b) Memorandum of agreement Subject to the availability of appropriations, in accordance with recommendation A3C of the special report of the Western Governors' National Forest and Rangeland Management Initiative, dated June 2017, the Secretary may enter into a memorandum of agreement with the National Governors' Association to host a conference, at which governors can meet to discuss the benefits of addressing liability protection and possible incentives for States to enact a covered law. (c) Funding The Secretary may provide not more than $1,000,000 under the memorandum of agreement under subsection (b). 204. Environmental review (a) Smoke management agencies (1) Policy The Secretaries shall ensure that policies, training, and programs of the Secretaries are consistent with this subsection— (A) to facilitate greater use of prescribed fire; and (B) to address public health and safety, including impacts from smoke from prescribed fires. (2) Expenditure of funds When a smoke-sensitive facility or vulnerable individual is identified in an area to be impacted by smoke from a prescribed fire, the Secretaries may expend funding appropriated for hazardous fuel reduction to mitigate the impacts of the prescribed fire. (3) Coordination among Federal and State air quality agencies and Federal and State land management agencies The Administrator of the Environmental Protection Agency, in cooperation with Federal and State land management agencies, shall coordinate with State, Tribal, and local air quality agencies that regulate smoke under the Clean Air Act ( 42 U.S.C. 7401 et seq.) to facilitate the use of prescribed fire on Federal land and State, Tribal, and private land, including by— (A) streamlining the decisionmaking process for approving the use of prescribed fire under a State, Tribal, or local government smoke management program; and (B) (i) promoting basic smoke management practices; (ii) disseminating information about basic smoke management practices; and (iii) educating landowners that use prescribed fire about the importance of— (I) using basic smoke management practices; and (II) including basic smoke management practices as a component of a prescribed fire plan. (4) Exceptional event demonstrations (A) Requirement to seek exceptional event demonstration Subject to subparagraph (C), the appropriate State or Tribal air quality agency shall develop and submit to the Administrator of the Environmental Protection Agency a demonstration in accordance with section 50.14 of title 40, Code of Federal Regulations (or successor regulations), if— (i) the Secretary, the Secretary of Agriculture, a State land management agency, or an Indian Tribe conducts a prescribed fire on Federal land or State land, as applicable, in accordance with a State or Tribal smoke management program that incorporates basic smoke management practices; and (ii) the prescribed fire described in clause (i) contributes to an exceedance or other violation of a national ambient air quality standard under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ), as measured using a Federal reference monitor or an equivalent method. (B) Demonstration assistance For an exceedance or other violation described in clause (ii) of subparagraph (A), the Secretary or Secretary of Agriculture, with the concurrence of the State or Tribal air quality agency, may assist with the development of the demonstration under that subparagraph. (C) Savings provision Subparagraph (A) shall not apply if the exceedance or other violation described in clause (ii) of that subparagraph is the result of— (i) a violation of a smoke management program; (ii) a failure to use basic smoke management practices; or (iii) a violation of applicable permit conditions. (5) Exemption for large prescribed fires (A) Federal land management agency exemption Consistent with subsection (b) of section 118 of the Clean Air Act ( 42 U.S.C. 7418 ), a prescribed fire conducted on Federal land by the Secretary or the Secretary of Agriculture that burns more than 1,000 acres per day shall be deemed to be in the paramount interest of the United States and shall be exempt from requirements with respect to the control of pollution from Federal facilities under that Act ( 42 U.S.C. 7401 et seq.) if the Secretary or the Secretary of Agriculture determines that the prescribed fire— (i) will be conducted in an area where the terrain or fuel load makes the area inaccessible or unsafe for firefighting personnel; (ii) is necessary to reduce hazardous fuels; (iii) will be conducted to minimize smoke impacts on populated areas through the use of basic smoke management practices; and (iv) will be conducted under a smoke management program, if applicable. (B) State exemption If the Secretary concerned conducts a prescribed fire that is deemed to be in the paramount interest of the United States under subparagraph (A) on Federal land, a prescribed fire conducted by a State land management agency on State or private land that is contiguous to that Federal land shall be exempt from any applicable national ambient air quality standards under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ). (C) Tribal exemption Consistent with subsection (b) of section 118 of the Clean Air Act ( 42 U.S.C. 7418 ), a prescribed fire conducted on Tribal land by an Indian Tribe that burns more than 1,000 acres per day shall be deemed to be in the paramount interest of the United States and shall be exempt from requirements with respect to the control of pollution from Federal facilities under that Act ( 42 U.S.C. 7401 et seq.) if the Indian Tribe determines that the prescribed fire— (i) will be conducted in an area where the terrain or fuel load makes the area inaccessible or unsafe for firefighting personnel; (ii) is necessary to reduce hazardous fuels; (iii) will be conducted to minimize smoke impacts on populated areas through the use of basic smoke management practices; and (iv) will be conducted under a smoke management program, if applicable. (D) Savings provision Consistent with section 118(b) of the Clean Air Act ( 42 U.S.C. 7418(b) )— (i) an exemption granted under this paragraph shall apply to the applicable entity for a period of not more than 1 year; and (ii) on a new determination of the Secretary, the Secretary of Agriculture, or an Indian Tribe under subparagraph (A) or (C), as applicable, additional exemptions under this paragraph may be granted for subsequent periods after the expiration of the exemption described in clause (i), each of which shall apply for a period of not more than 1 year. (6) State and Tribal standards (A) Approval of State or Tribal standards Notwithstanding section 110 of the Clean Air Act ( 42 U.S.C. 7410 ), when approving a State or Tribal implementation plan under that section, the Administrator of the Environmental Protection Agency may not approve any standards with respect to— (i) preventing nuisance impacts that result from prescribed fires that incorporate basic smoke management practices; or (ii) criteria pollutants that result from prescribed fires that are more stringent than what is required to meet the national ambient air quality standards for those pollutants under section 109 of that Act ( 42 U.S.C. 7409 ), as measured using a Federal reference monitor or an equivalent method. (B) State and Tribal enforcement A State or Indian Tribe may not enforce standards in a State or Tribal implementation plan that was approved under the Clean Air Act ( 42 U.S.C. 7401 et seq.) before the date of enactment of this Act with respect to— (i) preventing nuisance impacts that result from prescribed fires that incorporate basic smoke management practices; or (ii) criteria pollutants that result from prescribed fires that are more stringent than what is required to meet the national ambient air quality standards for those pollutants under section 109 of that Act ( 42 U.S.C. 7409 ), as measured using a Federal reference monitor or an equivalent method. (C) Amendment to anti-backsliding provision If a State or Tribal implementation plan under section 110 of the Clean Air Act ( 42 U.S.C. 7410 ) is revised to include a smoke management program for prescribed fires in that implementation plan, subsection (l) of that section shall not apply with respect to that revision. (7) Evaluation The Secretary or the Secretary of Agriculture, as applicable, shall conduct an evaluation to facilitate learning new approaches for predicting and preventing exceedances during subsequent prescribed fires if the Secretary or the Secretary of Agriculture— (A) conducts a prescribed fire on Federal land— (i) for which a demonstration is developed and submitted under paragraph (4)(A); or (ii) that is subject to an exemption under paragraph (5)(A); and (B) the prescribed fire described in subparagraph (A) contributes to an exceedance of a national ambient air quality standard under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ). (8) Programs and research To address the public health and safety risk of the expanded use of prescribed fire under this Act, the Secretary of Agriculture and the Secretary, in coordination with the Administrator of the Environmental Protection Agency and the Director of the Centers for Disease Control and Prevention, shall conduct research to improve or develop— (A) wildland fire smoke prediction models; (B) smoke impact display tools for the public and decisionmakers; (C) appropriate, cost-effective, and consistent mitigation strategies for communities impacted adversely by smoke from prescribed fire; (D) consistent nationally and scientifically supported messages regarding personal protection equipment for the public; and (E) prescribed fire activity tracking and emission inventory systems for planning and post-treatment accountability. (b) National Environmental Policy Act of 1969 efficiencies (1) Purpose The purpose of this subsection is to require the Secretaries to develop a series of categorical exclusions from the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for implementing prescribed fires in accordance with this subsection. (2) Previous environmental review decisions The Secretaries shall— (A) gather and evaluate all of the decision memos, decision notices, and records of decision and associated findings of no significant impact or environmental impact statements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) prepared for recent prescribed fire projects; (B) review any documented environmental impacts of those prescribed fire projects, if the Secretaries monitored or evaluated the effects of the implemented actions; and (C) develop findings of— (i) similarities and differences among prescribed fire projects; and (ii) elements and mitigation measures that consistently appeared in those prescribed fire projects that did not individually or cumulatively have a significant impact on the environment. (3) Rulemaking Not later than 2 years after the date of enactment of this Act, the Secretaries shall publish in the Federal Register for public review and comment a series of notices of proposed categorical exclusions from the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for implementing prescribed fire projects in, at a minimum, the following forest types: (A) Longleaf pine forest. (B) Shortleaf pine forest. (C) Ponderosa pine forest. (D) Pinyon-juniper forest. (E) Dry-site Douglas-fir forest. (F) Chaparral shrubland. (4) Extraordinary circumstances The Secretaries shall apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use a categorical exclusion established under this subsection. (5) Oregon and California grant lands On Oregon and California Railroad grant land revested in the United States by the Act of June 9, 1916 (39 Stat. 218, chapter 137), the Secretary, acting through the Director of the Bureau of Land Management, shall— (A) implement not fewer than 2 impact demonstration projects to assess the environmental effects of prescribed fires; (B) monitor the actual environmental effects during and after that implementation; and (C) evaluate the merits of using a categorical exclusion from the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for prescribed fires on that land. 205. Prescribed fire education program (a) In general The Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary, acting through the Director of the Office of Wildland Fire, may enter into a memorandum of agreement with the Longleaf Alliance to carry out a national prescribed fire education program, including the use of— (1) the character known as Burner Bob ; and (2) an anthropomorphic black-backed woodpecker character, to be known as Burner Betty . (b) Program elements A prescribed fire education program authorized under subsection (a) may include— (1) public service advertisements; (2) the use of social media; (3) campaign and educational activities and materials; (4) commercial licensing; (5) character images and appearances; and (6) awards and recognition. III Reporting; Termination 301. Annual reports to the National Fire Planning and Operations Database (a) Purpose The purpose of this section is to ensure an accurate reporting of annual prescribed fire accomplishments in the United States. (b) Cost-Share Subject to the availability of appropriations, the Secretary may provide financial assistance to States to pay a portion of the costs associated with annually reporting prescribed fire accomplishments to the National Fire Planning and Operations Database. (c) Eligibility for funds If, by December 31 of each year, a State has not reported to the National Fire Planning and Operations Database, at a minimum, the number of acres treated using prescribed fire in the State, the State shall not be eligible to receive any amounts made available under this Act for the previous fiscal year. 302. Termination date The authority to carry out this Act terminates on the date that is 10 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1734is/xml/BILLS-117s1734is.xml |
117-s-1735 | II 117th CONGRESS 1st Session S. 1735 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Hickenlooper (for himself, Ms. Lummis , Ms. Hirono , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.
1. Short title This Act may be cited as the Native American Entrepreneurial and Opportunity Act of 2021 . 2. Office of Native American Affairs The Small Business Act ( 15 U.S.C. 631 et seq.) is amended— (1) by redesignating section 49 ( 15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 ( 15 U.S.C. 657u ) the following: 49. Office of Native American Affairs (a) Definitions In this section: (1) Associate Administrator The term Associate Administrator means the Associate Administrator for Native American Affairs appointed under subsection (c). (2) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 8(a)(13). (3) Native Hawaiian Organization The term Native Hawaiian Organization has the meaning given the term in section 8(a)(15). (4) Office The term Office means the Office of Native American Affairs described in this section. (b) Establishment (1) In general There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize Native businesses and economic development in Indian country. (2) Connection with other programs To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). (3) Field offices The Office may establish field offices within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office. (c) Associate Administrator The Office shall be headed by an Associate Administrator for Native American Affairs, who shall— (1) be appointed by and report to the Administrator; (2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans; (3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups; (4) administer and manage Native American outreach expansion; (5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs; (6) act as an ombudsman for Native Americans for programs of the Administration; (7) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to— (A) deploy training, counseling, workshops, educational outreach, and supplier events; and (B) access the entrepreneurial, capital, and contracting programs of the Administration, including the Community Navigator pilot program; (8) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and (9) recommend annual budgets for the Office. (d) Authorization of appropriations There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026. . | https://www.govinfo.gov/content/pkg/BILLS-117s1735is/xml/BILLS-117s1735is.xml |
117-s-1736 | II 117th CONGRESS 1st Session S. 1736 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Hickenlooper introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to address the participation of cooperatives in the program carried out under section 7(a) of that Act, and for other purposes.
1. Short title This Act may be cited as the Capital for Cooperatives Act . 2. Findings Congress finds the following: (1) Cooperative businesses operate on the basis of 1 member, 1 vote. (2) Cooperatives have helped to improve the economic conditions of the people of the United States for more than a century by increasing competition and helping small players gain parity in the market. (3) Research has shown that cooperatives are more resilient to economic business cycles than other business models because cooperatives require member-owners of the cooperative to work together and prepare for the future. (4) The mission of the Small Business Administration (referred to in this Act as the Administration ) is to help the people of the United States start, build, and grow businesses. (5) The requirement of the Administration that some borrowers provide a personal guarantee with respect to certain Administration loans has prevented cooperatives from accessing the safe and affordable financing available from the Administration. 3. Cooperatives (a) In general Section 7(a)(15)(B)(iv) of the Small Business Act ( 15 U.S.C. 636(a)(15)(B)(iv) ) is amended— (1) in the matter preceding subclause (I), by striking , or to a cooperative in accordance with paragraph (35) ; and (2) in subclause (I), by striking or cooperative . (b) SBA responsibilities (1) Definitions In this subsection: (A) Administrator The term Administrator means the Administrator of the Administration. (B) Cooperative The term cooperative has the meaning given the term in section 7(a)(35) of the Small Business Act ( 15 U.S.C. 636(a)(35) ). (C) Program The term Program means the program carried out under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (D) Small business concern The term small business concern has the meaning given the term in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). (E) Working Group The term Working Group means the interagency working group coordinated and chaired by the Secretary of Agriculture pursuant to section 310B(e)(12) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(e)(12) ), as amended by subsection (c). (2) Coordination; amendments to rules; report The Administrator shall— (A) beginning not later than 60 days after the date of enactment of this Act, coordinate and participate with the Working Group to— (i) develop recommendations regarding how the Administrator can coordinate with the heads of other Federal agencies to promote, support, and increase the number of cooperatives; and (ii) ensure coordination between the Administrator and— (I) other Federal agencies; and (II) national and local organizations representing cooperatives and small business concerns; (B) not later than 180 days after the date of enactment of this Act— (i) amend the rules of the Administration with respect to guarantees for loans made to cooperatives under the Program, which may include— (I) requiring the Administrator to guarantee a loan made to a cooperative under the Program if the lender with respect to the loan can demonstrate that the cooperative is able to repay the loan; and (II) establishing lending criteria for cooperatives under the Program that are not based on personal or entity guarantees provided by the member-owners of the cooperative; and (ii) submit to Congress a report documenting the amendments made under clause (i); and (C) not later than 1 year after the date of enactment of this Act, submit to Congress a report regarding— (i) education regarding cooperatives that the Administrator has provided to— (I) officials of the Administration; (II) lenders participating in the Program; and (III) small business development centers described in section 21 of the Small Business Act ( 15 U.S.C. 648 ); and (ii) during the period beginning on the date of enactment of this Act and ending on the date on which the report is submitted— (I) the number of applications submitted by cooperatives for loans under the Program; and (II) the number of applications received under subclause (I) that were approved by the Administrator. (c) Interagency Working Group on Cooperative Development Section 310B(e)(12) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(e)(12) ) is amended— (1) by striking Not later and inserting the following: (A) In general Not later ; and (2) by adding at the end the following: (B) Meetings The interagency working group described in subparagraph (A)— (i) shall meet— (I) at such times determined necessary by the Secretary; and (II) not less frequently than biannually; and (ii) may conduct meetings in person or through the use of electronic resources. . | https://www.govinfo.gov/content/pkg/BILLS-117s1736is/xml/BILLS-117s1736is.xml |
117-s-1737 | II 117th CONGRESS 1st Session S. 1737 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Coons (for himself and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a global zoonotic disease task force, and for other purposes.
1. Short title This Act may be cited as the Global Pandemic Prevention and Biosecurity Act . 2. Statement of policy It shall be the policy of the United States Government— (1) to support improved community health, forest management, sustainable agriculture, and safety of livestock production in developing countries, particularly in tropical landscapes where there is an elevated risk of zoonotic disease spillover; (2) to support the availability of scalable and sustainable alternative animal and plant-sourced protein for local communities, where appropriate, to minimize human reliance on the trade in live wildlife and raw or unprocessed wildlife parts and derivatives; (3) to support foreign governments— (A) to transition from the sale of such wildlife for human consumption in markets and restaurants to alternate protein and nutritional sources; and (B) to prevent commercial trade in live wildlife and raw or unprocessed wildlife parts and derivatives that risks contributing to zoonotic spillover events between animals and humans, excluding commercial trade in— (i) fish; (ii) invertebrates; (iii) amphibians; (iv) reptiles; and (v) the meat of game species— (I) traded in markets in countries with effective implementation and enforcement of scientifically based, nationally implemented policies and legislation for processing, transport, trade, marketing; and (II) sold after being slaughtered and processed under sanitary conditions; and (C) to establish and effectively manage protected and conserved areas, particularly in tropical landscapes where there is an elevated risk of zoonotic disease spillover, including indigenous and community-conserved areas; (4) to encourage development projects that do not contribute to the destruction, fragmentation, or degradation of forests or the loss of biodiversity; and (5) to respect the rights and needs of indigenous people and local communities dependent on such wildlife for nutritional needs and food security. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Appropriations of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Appropriations of the House of Representatives . (3) Commercial wildlife trade The term commercial wildlife trade means trade in wildlife for the purpose of obtaining economic benefit (whether in cash or otherwise) that is directed toward sale, resale, exchange, or any other form of economic use or benefit. (4) Human consumption The term human consumption means specific use for human food or medicine. (5) Live wildlife market The term live wildlife market means a commercial market that sells, processes, or slaughters live or fresh wildlife for human consumption in markets or restaurants, regardless of whether such wildlife originated in the wild or in a captive situation. (6) One health The term One Health means a collaborative, multi-sectoral, and trans-disciplinary approach achieving optimal health outcomes that recognizes the interconnection between— (A) people, wildlife, and plants; and (B) the environment shared by such people, wildlife, and plants. (7) Outbreak The term outbreak means the occurrence of disease cases in excess of normal expectancy. (8) Public health emergency The term public health emergency means the public health emergency declared by the Secretary of Health and Human Services with respect to COVID–19 on January 31, 2020, pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (9) Spillover event The term spillover event means the transmission of a pathogen from a species to another species. (10) Task force The term Task Force means the Global Zoonotic Disease Task Force established under section 6(a). (11) USAID The term USAID means the United States Agency for International Development. (12) Zoonotic disease The term zoonotic disease means any disease that is naturally transmissible between animals and humans. 4. Findings Congress finds the following: (1) The majority of recent emerging infectious diseases have originated in wildlife. (2) There is a rise in the frequency of zoonotic spillover events and outbreaks of such diseases. (3) This rise in such spillover events and outbreaks relates to the increased interaction between humans and wildlife. (4) There is a progressive and increasing rise in interaction between human populations and wildlife related to deforestation, habitat degradation, and expansion of human activity into the habitat of such wildlife. (5) The increase in such interactions due to these factors, particularly in forested regions of tropical countries where there is high mammalian diversity, is a serious risk factor for spillover events. (6) A serious risk factor for spillover events also relates to the collection, production, commercial trade, and sale for human consumption of wildlife that may transmit to zoonotic pathogens to humans that may then replicate and be transmitted within the human population. (7) Such a risk factor is increased if it involves wildlife that— (A) does not ordinarily interact with humans; or (B) lives under a stressful condition, as such condition exacerbates the shedding of zoonotic pathogens. (8) Markets for such wildlife to be sold for human consumption are found in many countries. (9) In some communities, such wildlife may be the only accessible source of high quality nutrition. (10) The public health emergency has resulted in— (A) trillions of dollars in economic damage to the United States; and (B) the deaths of hundreds of thousands of American citizens. 5. United States policy toward assisting countries in preventing zoonotic spillover events (a) In general The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary of Agriculture, and the heads of other relevant agencies, shall coordinate, engage, and work with governments, multilateral entities, intergovernmental organizations, international partners, and nongovernmental organizations— (1) to prevent commercial trade in live wildlife and raw or unprocessed wildlife parts and derivatives for human consumption that risks contributing to zoonotic spillover, with a focus on tropical countries and countries with significant markets for live wildlife for human consumption, including— (A) high volume commercial wildlife trade and associated markets; (B) wildlife trade in and across well connected urban centers; and (C) wildlife trade for luxury consumption or where there is no dietary necessity; (2) to prevent the degradation and fragmentation of forests and other intact ecosystems, particularly in tropical countries, to minimize interactions between wildlife and human and livestock populations that could contribute to spillover events and zoonotic disease transmission, including by providing assistance or supporting policies that— (A) conserve, protect, and restore the integrity of such ecosystems; (B) support the rights of indigenous people and local communities and their ability to continue their effective stewardship of their traditional lands and territories; (C) support the establishment and effective management of protected areas, prioritizing highly intact areas; and (D) prevent activities that result in the destruction, degradation, fragmentation, or conversion of intact forests and other intact ecosystems and biodiversity strongholds, including activities carried out by governments, private sector entities, and multilateral development financial institutions; (3) to offer alternative livelihood and worker training programs and enterprise development to wildlife traders, wildlife breeders, and local communities whose members are engaged in the commercial wildlife trade for human consumption; (4) to work with indigenous peoples and local communities— (A) to ensure that their rights are respected and their authority to exercise such rights is protected; (B) to provide education and awareness regarding animal handling, sanitation, and disease transmission; (C) to provide sustainable wildlife management and support for the development of village-level alternative sources of protein and nutrition; (D) to reduce the risk of zoonotic spillover, while ensuring food security and access to healthy diets; and (E) to improve farming practices to reduce the risk of zoonotic spillover to livestock; (5) to strengthen global capacity for detection of zoonotic diseases with pandemic potential; and (6) to support the development of One Health systems at the community level. (b) Engagement methods The efforts described in subsection (a) shall be carried out by— (1) working through existing treaties, conventions, and agreements to develop new protocols or amend existing protocols or agreements; (2) expanding combating wildlife trafficking programs to support enforcement of the closure of such markets and new illegal markets in response to closures, and the prevention of such trade, including— (A) providing assistance to improve law enforcement; (B) detecting and deterring the illegal import, transit, sale, and export of wildlife; (C) strengthening such programs to assist countries through legal reform; (D) improving information sharing and enhancing capabilities of participating foreign governments; (E) supporting efforts to change behavior and reduce demand for wildlife products described in subsection (a)(1); and (F) leveraging United States private sector technologies and expertise to scale and enhance enforcement responses to detect and prevent such trade; (3) leveraging strong bilateral relationships with the United States to support new and existing interministerial collaborations or task forces that can serve as regional One Health models; and (4) building local agricultural capacity by leveraging expertise from the Department of Agriculture, the United States Fish and Wildlife Service, and institutions of higher education with agricultural expertise. 6. Global Zoonotic Disease Task Force (a) Establishment There is established the Global Zoonotic Disease Task Force (referred to in this section as the Task Force ). (b) Composition (1) Membership The Task Force shall be composed of— (A) a Chairperson, which position shall rotate every 2 years, in an order to be determined by the Administrator, among a representative (at the level of Deputy Assistant Secretary or above) of— (i) the Animal and Plant Health Inspection Service of the Department of Agriculture; (ii) the Department of Health and Human Services or the Centers for Disease Control and Prevention; (iii) the Department of the Interior or the United States Fish and Wildlife Service; (iv) the Department of State or USAID; and (v) the National Security Council; and (B) at least 13 additional members, from— (i) the Centers for Disease Control and Prevention; (ii) the Department of Agriculture; (iii) the Department of Defense; (iv) the Department of State; (v) the Environmental Protection Agency; (vi) the National Science Foundation; (vii) the National Institutes of Health; (viii) the National Institute of Standards and Technology; (ix) the Office of Science and Technology Policy; (x) USAID; (xi) the United States Fish and Wildlife Service; (xii) U.S. Customs and Border Protection; and (xiii) U.S. Immigration and Customs Enforcement. (2) Timing of appointments Initial appointments to the Task Force shall be made not later than 30 days after the date of the enactment of this Act. (3) Terms (A) In general Each member of the Task Force shall be appointed for a term of 2 years. (B) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of the prior member’s term. A member may serve after the expiration of his or her term until a successor has been appointed. (c) Duties The Task Force shall— (1) ensure an integrated approach across the Federal Government and globally to the prevention of, early detection of, preparedness for, and response to zoonotic spillover and the outbreak and transmission of zoonotic diseases that may pose a threat to global health security; (2) not later than 1 year after the date of the enactment of this Act, develop and publish, on a publicly accessible website, a plan for global biosecurity and zoonotic disease prevention and response that leverages expertise in public health, wildlife health, livestock veterinary health, sustainable forest management, community-based conservation, rural food security, and indigenous rights to coordinate zoonotic disease surveillance internationally, including support for One Health institutions around the world that can prevent and provide early detection of zoonotic outbreaks; and (3) expand the scope of the implementation of the White House’s Global Health Security Strategy to more robustly support the prevention of zoonotic spillover and to respond to zoonotic disease investigations and outbreaks by establishing a 10-year strategy with specific Federal Government international goals, priorities, and timelines for action, including— (A) recommended policy actions and mechanisms in developing countries to reduce the risk of zoonotic spillover and zoonotic disease emergence and transmission, including support for the activities described in section 5; (B) new mandates, authorities, and incentives that are needed to strengthen the global zoonotic disease prevention and response plan required under paragraph (2); and (C) prioritizing engagement in programs that target tropical countries and regions experiencing high rates of deforestation, forest degradation, and land conversion and countries with significant markets for live wildlife for human consumption. (d) Meeting (1) Initial meeting The Task Force shall hold its initial meeting not later than 45 days after the final appointment of all members pursuant to subsection (b)(2). (2) Meetings (A) In general The Task Force shall meet at the call of the Chairperson. (B) Quorum Eight members of the Task Force shall constitute a quorum, but a lesser number may hold hearings. (e) Compensation (1) Prohibition of compensation Except as provided in paragraph (2), Task Force members may not receive additional pay, allowances, benefits as compensation for their service on the Task Force. (2) Travel expenses Each Task Force member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Reports (1) Report to task force Not later than 6 months after the date of the enactment of this Act and annually thereafter, each Federal agency listed in subsection (b)(1) shall submit a report to the Task Force containing a detailed statement with respect to the results of any programming within such agency that addresses the goals of zoonotic spillover and disease prevention. (2) Report to congress Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Task Force shall submit a report to the appropriate congressional committees and the National Security Advisor that contains a detailed statement of the recommendations of the Task Force pursuant to subsection (c)(3)(A). (g) Termination In accordance with section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.), the Task Force shall terminate on the later of— (1) the date that is 7 years after the date of the enactment of this Act; or (2) on a date selected by the Chairperson of the Task Force that is not later than 2 years after the date referred to in paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s1737is/xml/BILLS-117s1737is.xml |
117-s-1738 | II 117th CONGRESS 1st Session S. 1738 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Stabenow (for herself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide additional funding for school-based health centers, and for other purposes.
1. Short title This Act may be cited as the Hallways to Health Care Act . 2. Funding for school-based health centers (a) In general Section 399Z–1 of the Public Health Service Act ( 42 U.S.C. 280h–5 ) is amended by adding at the end the following: (n) Additional funding For purposes of carrying out this section, in addition to amounts otherwise made available for such purposes, there are appropriated, out of amounts in the Treasury not otherwise appropriated, $100,000,000 for fiscal year 2022. . (b) Expanded health care services Section 399Z–1(l) of the Public Health Service Act ( 42 U.S.C. 280h–5(l) ) is amended— (1) by striking For purposes of and inserting the following: (1) In general For purposes of ; (2) by adding at the end the following: (2) Expanded health services In addition to amounts made available under paragraph (1), for purposes of supporting entities receiving grants under this section in offering new, expanded behavioral health care services in a SBHC, there are authorized to be appropriated $25,000,000 for fiscal year 2022. ; and (3) by redesignating such subsection as subsection (m). (c) Grants for the establishment of school-Based health centers Section 4101(a)(5) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 42 U.S.C. 280h–4 note) is amended by striking for each of fiscal years 2010 through 2013, $50,000,000 and inserting for fiscal year 2022, $100,000,000 . (d) Community health center funding Section 330 of the Public Health Service Act ( 42 U.S.C. 254b ) is amended by adding at the end the following: (s) Additional funding In addition to amounts otherwise made available to carry out this section, there are appropriated, out of amounts in the Treasury not otherwise appropriated $125,000,000 for fiscal year 2022, of which $25,000,000 shall be allocated to supporting entities receiving grants under this section in offering new, expanded behavioral health care services. . 3. Demonstration programs to establish and expand the provision of tele-health services at school-based health centers Title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq.), is amended by adding at the end the following new section: 2114. Demonstration program to establish and expand the provision of tele-health services at school-based health centers (a) Establishment Not later than 18 months after the date of enactment of this section, the Secretary shall publish criteria for the establishment of a demonstration program to provide new tele-health services, or to expand existing tele-health service programs, located at school-based health centers. A school-based health center's receipt of funds under the demonstration program under this section shall not preclude the school-based health center from being reimbursed by public or private health insurance programs according to State law and regulation for items and services furnished by or through the center. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. Funds appropriated under the preceding sentence shall remain available until expended. . 4. Technical assistance grants Section 399Z–1 of the Public Health Service Act ( 42 U.S.C. 280h–5 ) is amended by inserting after subsection (k) the following: (l) Technical assistance The Secretary, acting directly or through awarding grants or contracts to private, nonprofit entities, shall establish or support existing State school-based health center resource centers that— (1) provide advocacy, training, and technical assistance to school-based health centers, including maximizing Federal and State resources; (2) support the development of school-based health centers; and (3) enhance the operations and performance of school-based health centers. . | https://www.govinfo.gov/content/pkg/BILLS-117s1738is/xml/BILLS-117s1738is.xml |
117-s-1739 | II 117th CONGRESS 1st Session S. 1739 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Lummis (for herself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL To rescind amounts appropriated for grants that are not accepted by a State or local government and use the amounts for deficit reduction.
1. Short title This Act may be cited as the Pay Down the Debt Act . 2. Rescission of grant funds not accepted by States and local governments (a) In general If a State or local government does not accept amounts that are to be awarded to the State or local government under a grant from the Federal Government, an amount equal to the amount to be awarded to the State or local government shall be rescinded from the applicable appropriation account. (b) Use for deficit reduction Amounts rescinded under subsection (a) shall be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. | https://www.govinfo.gov/content/pkg/BILLS-117s1739is/xml/BILLS-117s1739is.xml |
117-s-1740 | II 117th CONGRESS 1st Session S. 1740 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Heinrich (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior to make energy transition payments to States, counties, and Indian Tribes to replace Federal mineral revenues lost as a result of changes in Federal policy, and for other purposes.
1. Short title This Act may be cited as the Schools and State Budgets Certainty Act of 2021 . 2. Definitions In this Act: (1) Base mineral revenue amount The term base mineral revenue amount means— (A) for fiscal year 2021, the average of the annual mineral revenue payments received by an eligible State, eligible county, or eligible Indian Tribe for the period of fiscal years 2016 through 2020; and (B) for fiscal year 2022 and each fiscal year thereafter, an amount equal to 95 percent of the base mineral revenue amount for the eligible State, eligible county, or eligible Indian Tribe for the preceding fiscal year. (2) County The term county means a coastal political subdivision (as defined in section 102 of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 )). (3) Eligible State, eligible county, eligible Indian Tribe The terms eligible State , eligible county , and eligible Indian Tribe mean a State, county, and Indian Tribe, respectively, that received a mineral revenue payment in any of fiscal years 2016 through 2020. (4) Energy transition payment The term energy transition payment means the payment for an eligible State, eligible county, or eligible Indian Tribe calculated under section 3(a). (5) Mineral revenue payment The term mineral revenue payment means the total amount paid by the Federal Government to a State, county, or Indian Tribe in a fiscal year pursuant to— (A) the Act of May 11, 1938 (52 Stat. 347, chapter 198; 25 U.S.C. 396a et seq.) (commonly known as the Indian Mineral Leasing Act of 1938 ); (B) the Mineral Leasing Act ( 30 U.S.C. 181 et seq.); (C) the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq.); and (D) the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) (other than section 105(a)(2)(B) of that Act). (6) Secretary The term Secretary means the Secretary of the Interior. 3. Annual energy transition payments (a) In general For fiscal year 2021 and each fiscal year thereafter, the Secretary shall calculate for each eligible State, eligible county, and eligible Indian Tribe an amount equal to the difference between— (1) the base mineral revenue amount for the eligible State, eligible county, or eligible Indian Tribe for that fiscal year; and (2) the mineral revenue payment for the eligible State, eligible county, or eligible Indian Tribe for that fiscal year. (b) Payments to eligible States, counties, and Indian Tribes (1) In general Subject to subsection (c), for each fiscal year, the Secretary shall pay to each eligible State, eligible county, and eligible Indian Tribe, without further appropriation, the amount of the energy transition payment calculated under subsection (a). (2) Condition on use of funds For each energy transition payment received by an eligible State or eligible county for a fiscal year, the percentage of the energy transition payment that is equivalent to the percentage of the mineral revenue payment received by the eligible State or eligible county for that fiscal year pursuant to the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) shall be subject to section 105(d) that Act. (c) Limitation An eligible State, eligible county, or eligible Indian Tribe shall not receive an energy transition payment under this section for any fiscal year for which the mineral revenue payment received by the eligible State, eligible county, or eligible Indian Tribe is greater than the base mineral revenue amount for the eligible State, eligible county, or eligible Indian Tribe for that fiscal year. (d) Timing of payment The energy transition payments required under this section for a fiscal year shall be made as soon as practicable after the end of that fiscal year. (e) Maintenance of funding The energy transition payments made to eligible States, eligible counties, and eligible Indian Tribes under this section shall supplement (and not supplant) other Federal funding made available to eligible States, eligible counties, and eligible Indian Tribes. (f) Direct payments The energy transition payments made to eligible States, eligible counties, and eligible Indian Tribes under this section shall be made as direct payments and not as Federal financial assistance. (g) Mandatory funding (1) In general As soon as practicable after the date of enactment of this Act, and on October 1, 2021, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary such sums as are necessary to carry out this section, to remain available until expended. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. | https://www.govinfo.gov/content/pkg/BILLS-117s1740is/xml/BILLS-117s1740is.xml |
117-s-1741 | II 117th CONGRESS 1st Session S. 1741 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Luján introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Child Abuse Prevention and Treatment Act to provide for alternative pathways of addressing child abuse and neglect.
1. Short title This Act may be cited as the Alternative Pathways to Child Abuse Prevention Act . 2. Findings Section 2 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note) is amended— (1) in paragraph (11), by inserting trauma-informed, after child-centered, ; (2) in paragraphs (12) and (14), by inserting , Indian Tribes, after States each place such term appears; and (3) in subparagraphs (C) and (D) of paragraph (15), by inserting and Indian Tribes after States each place such term appears. 3. Advisory board on child abuse and neglect Section 102 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5102 ) is amended— (1) in subsection (c)— (A) in paragraph (13), by striking and ; (B) in paragraph (14), by striking the period and inserting ; and ; and (C) by adding at the end the following: (15) domestic violence advocates and experts. ; and (2) in subsection (f)— (A) in paragraph (2), by striking ; and ; (B) in paragraph (3), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) recommendations for actions Federal, State, Tribal, and local public agencies can take to safely reduce the number of families referred to child protective services and direct such families to alternative pathways of preventive, family-centered services for support. . 4. National clearinghouse for information relating to child abuse Section 103 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5104 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by striking relating to differential response; and inserting “relating to— (A) differential response; and (B) the use of alternative pathways that connect families experiencing difficulty meeting basic needs or other risk factors associated with child abuse and neglect, such as parental stress, family violence, and isolation, to community-based systems and programs that strengthen families seeking support instead of to the child protection system, such as— (i) State, Tribal, or local helplines that provide information or assistance and connect families to voluntary community-based support services; and (ii) alternative pathways for mandated reporters and other concerned adults to use to refer families for voluntary supports outside of the child protection system; ; (B) in paragraph (8) , by striking subparagraph (B) and inserting the following: (B) appropriate State, Tribal, and local officials to assist in training law enforcement, legal, judicial, medical, physical, behavioral, and mental health, education, child welfare, substance use disorder treatment services, and domestic violence services personnel, including training on— (i) the role of the child protective services system to identify children at risk of serious harm; and (ii) how to direct families in need to alternative pathways to community-based systems and programs that strengthen such families in order to safely reduce the number of families unnecessarily referred to child protective services; and ; and (C) in paragraph (9), by inserting for both victims and for people who use violence before the period; and (2) in subsection (c)(1)(C)— (A) in clause (iii), by striking ; and and inserting a semicolon; (B) in clause (iv), by inserting and after the semicolon; and (C) by adding at the end the following: (v) information on the presence of domestic violence in advance of a child death; . 5. Research and assistance activities Section 104 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5105 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (L), by inserting and the use of alternative pathways that connect families to community-based prevention services where possible instead of system involvement after differential response ; and (B) in subparagraph (O)— (i) in clause (ix), by inserting presence of domestic violence, after size), ; (ii) in clause (x), by striking ; and and inserting a semicolon; (iii) in clause (xi), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (xii) the prevalence of domestic violence in child abuse and neglect reports and open cases. ; (2) in subsection (b)(2)— (A) in subparagraph (C), by striking ; and and inserting a semicolon; (B) in subparagraph (D), by striking the period and inserting ; and ; and (C) by adding at the end the following: (E) ways to safely decrease the number of families being referred to child protective services and instead provide them with alternative pathways to community-based child abuse prevention services that strengthen families. ; and (3) in subsection (e)(3), by inserting and for demonstration projects that focus on building research-based protective factors in community organizations, health care, and schools for adult and child survivors of domestic violence as a strategy for keeping children out of the child protective services system before the period. 6. Grants to States, Indian Tribes or Tribal organizations, and public or private agencies and organizations Section 105(a) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106(a) ) is amended— (1) in paragraph (2)(B), by inserting and case management after through referral ; (2) in paragraph (5), by inserting for survivors or people who use violence after violence service agencies ; (3) in paragraph (6), by inserting accountability and meaningful pathways to change for the person using violence, after parent involved and children, ; and (4) by adding at the end the following: (8) Alternative pathways to community-based family-strengthening services and programs The Secretary may award grants to collaborations of State, Tribal, and local child welfare agencies with community-based providers to support the development and implementation of alternative pathways and systems and supports that connect families experiencing difficulty meeting basic needs or risk factors associated with child abuse and neglect to community-based systems and programs that assist families seeking support as an alternative to the child protection system, such as supporting— (A) the development and implementation of— (i) local or State helplines, websites, or mobile applications that provide information or assistance and connect families to voluntary community-based support services, including local programs supported under title II; (ii) a continuum of preventive services that strengthen families and promote child, parent, and family well-being; and (iii) alternative pathways for mandatory reporters and other concerned adults to use to connect families to voluntary supports outside of child protection systems and educating adults about such pathways; and (B) the hiring of personnel to help connect families to voluntary supports outside of child protection systems, navigate barriers to accessing these services, and ensure services exist where families live and work. . 7. Grants to States for child abuse or neglect prevention and treatment programs Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended— (1) in subsection (a)— (A) in paragraph (13)(B), by striking ; or and inserting a semicolon; (B) in paragraph (14)(B), by striking the period and inserting ; or ; and (C) by adding at the end the following: (15) improving the child protective system to focus children at most serious risk of harm and safely reduce the number of families investigated for child abuse and neglect by increasing the number of families connected to voluntary, community-based systems and programs that assist families in need of supports and services, including by developing, implementing, and expanding— (A) local or State helplines, websites, and mobile applications that connect families to voluntary community-based resources, including local programs funded under title II; (B) a continuum of preventive services that strengthen families and promote child, parent, and family well-being; (C) alternative pathways for mandatory reporters and other concerned adults to use to refer families for voluntary supports outside of child protection systems and educating adults about such systems; and (D) personnel to help connect families to voluntary supports outside of child protection systems, navigate barriers to accessing these services, and ensure services exist where families live and work. ; and (2) in subsection (b)(2)(D)— (A) in clause (v), by striking ; and and inserting a semicolon; (B) in clause (vi), by adding and after the semicolon; and (C) by adding at the end the following: (vii) changes in policies and procedures of State and local child welfare agencies that— (I) reduce the number of families referred to such agencies for incidents that are not child abuse or neglect, such as families referred to the child protective system solely based on circumstances related to poverty; (II) develop, implement, and scale systems of alternative pathways (in coordination with the lead entity and local programs supported by title II) that connect such families to voluntary community-based support to build protective factors that reduce the likelihood of child abuse and neglect, or that reduce harm as a result of domestic violence, including efforts to educate mandatory reporters and other concerned adults about such systems to refer families for voluntary supports outside of child protection systems; and (III) increase supports for families in navigating and accessing voluntary community-based support to reduce the likelihood of child abuse and neglect or that reduce harm as a result of domestic violence, including personnel and casework. . 8. Grants to States for programs relating to the investigation and prosecution of child abuse and neglect cases Section 107(c)(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106c(c)(1) ) is amended— (1) in subparagraph (I), by striking ; and and inserting a semicolon; (2) in subparagraph (J), by striking the period and inserting ; and ; and (3) by adding at the end the following: (K) domestic violence and sexual violence prevention and treatment advocates. . 9. Authorization of appropriations (a) Title I Section 112(a)(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106h(a)(1) ) is amended by striking $120,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2015 and inserting $500,000,000 for fiscal year 2022 and such sums as may be necessary for each of fiscal years 2023 through 2027 . (b) Title II Section 209 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116i ) is amended by striking $80,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2015 and inserting $1,000,000,000 for fiscal year 2022 and such sums as may be necessary for each of fiscal years 2023 through 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s1741is/xml/BILLS-117s1741is.xml |
117-s-1742 | II 117th CONGRESS 1st Session S. 1742 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Rubio (for himself, Mrs. Shaheen , Mr. Scott of Florida , Mr. Young , and 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 that sums in the Thrift Savings Fund may not be invested in securities that are listed on certain foreign exchanges, and for other purposes.
1. Short title This Act may be cited as the Taxpayers and Savers Protection Act or the TSP Act . 2. Investment of Thrift Savings Fund Section 8438 of title 5, United States Code, is amended by adding at the end the following: (i) (1) In this subsection— (A) the term PCAOB means the Public Company Accounting Oversight Board; and (B) the term registered public accounting firm has the meaning given the term in section 2(a) of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7201(a) ). (2) Notwithstanding any other provision of this section, no sums in the Thrift Savings Fund may be invested in any security that is listed on an exchange in a jurisdiction in which the PCAOB is prevented from conducting a complete inspection or investigation of a registered public accounting firm under section 104 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7214 ) because of a position taken by an authority in that jurisdiction, as determined by the PCAOB. (3) The Board shall consult with the Securities and Exchange Commission on a biennial basis in order to ensure compliance with paragraph (2). . | https://www.govinfo.gov/content/pkg/BILLS-117s1742is/xml/BILLS-117s1742is.xml |
117-s-1743 | II 117th CONGRESS 1st Session S. 1743 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Investment Company Act of 1940 to impose certain requirements relating to the use of market indexes, and for other purposes.
1. Short title This Act may be cited as the Index Provider Transparency and Accountability Act . 2. Market indexes (a) In general The Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq.) is amended— (1) in section 8(b) ( 15 U.S.C. 80a–8(b) )— (A) in paragraph (4), by striking and at the end; (B) in paragraph (5), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (6) a disclosure of— (A) whether the registrant intends to track the returns of, or benchmark against, a specific index of securities; and (B) if the registrant intends to track the returns of, or benchmark against, a specific index of securities— (i) the identity of the index provider; (ii) any involvement of the registrant in designing the index; (iii) any ability of the registrant to influence the construction or composition of the index; and (iv) any licensing fees paid by the registrant to the index provider. ; (2) in section 13 ( 15 U.S.C. 80a–13 )— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Change in investment policy relating to indexing (1) In general With respect to a registered investment company that tracks the returns of, or benchmarks against, a specific index of securities, if a deviation with respect to that index occurs such that the deviation would be permitted under subsection (a)(3) if made directly by the investment company only if authorized by the vote of a majority of the outstanding voting securities of the investment company, the investment company may not continue to so track, or benchmark against, the index, unless so authorized by such a vote or by a vote by the board of directors of the investment company. (2) Rule of construction For the purposes of paragraph (1), a deviation with respect to an index that requires a vote, as described in that paragraph, includes such a deviation that adds new, or increases the weighting of, securities— (A) of issuers that are headquartered or incorporated in the People’s Republic of China; or (B) that are listed on exchanges in the People’s Republic of China. ; and (3) in section 30 ( 15 U.S.C. 80a–29 )— (A) in subsection (b)(1), by striking this title; and and inserting the following: “this title, which shall include— (A) information regarding whether the registered investment company tracks the returns of, or benchmarks against (or intends to track, or benchmark against), a specific index of securities; and (B) if the registered investment company engages in, or intends to engage in, the action described in subparagraph (A), the information described in section 8(b)(6)(B) with respect to the index described in subparagraph (A) of this paragraph; and ; and (B) by adding at the end the following: (k) Annual disclosure regarding Chinese securities (1) In general Each registered investment company shall annually transmit to the stockholders of the investment company a report containing information regarding, with respect to any security owned by the investment company that is issued by an issuer that is headquartered or incorporated in the People’s Republic of China or listed on an exchange in the People’s Republic of China— (A) the percentage of the securities of that issuer that are owned by governmental entities in the People’s Republic of China; (B) whether the entities described in subparagraph (A) have a controlling financial interest with respect to the issuer; (C) the name of any official of the Chinese Communist Party who is a member of the board of directors of— (i) the issuer; or (ii) the operating entity with respect to the issuer; (D) whether the articles of incorporation of the issuer (or equivalent organizing document) contains any charter of the Chinese Communist Party, including the text of any such charter; and (E) whether the investment company was unable to obtain any of the information required under any of subparagraphs (A) through (D). (2) Inclusion permitted A report that a registered investment company is required to transmit under paragraph (1) may be included in a report that the investment company is required to transmit under subsection (e). . (b) Technical and conforming amendment Section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8551(a) ) is amended, in the matter preceding paragraph (1), by striking section 13(c)(1)(B) and inserting section 13(d)(1)(B) . (c) Updates to rules Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall make any updates to the rules of the Commission that are necessary as a result of this section and the amendments made by this section. | https://www.govinfo.gov/content/pkg/BILLS-117s1743is/xml/BILLS-117s1743is.xml |
117-s-1744 | II 117th CONGRESS 1st Session S. 1744 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve national security at the National Institutes of Health, to address national security issues in the licensure of biological products, to address national security considerations in research at the Department of Health and Human Services, and for other purposes.
1. Short title This Act may be cited as the Genomics Data Security Act . 2. Modernizing the National Institutes of Health’s approach to national security Section 402(m)(2) of the Public Health Service Act ( 42 U.S.C. 282(m)(2) ) is amended— (1) in subparagraph (E), by striking ; and and inserting a semicolon; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) address national security issues, including ways in which the National Institutes of Health can engage with other Federal agencies to modernize the national security strategy of the National Institutes of Health; and . 3. Utilization of genomic sequencing services by the National Institutes of Health Notwithstanding any other provision of law, no amounts made available to the National Institutes of Health may be used with respect to activities carried out by any company or its subcontractors or subsidiaries— (1) over which control is exercised or exercisable by the Government of the People's Republic of China, a national of the People’s Republic of China, or an entity organized under the laws of the People’s Republic of China; or (2) in which the Government of the People's Republic of China has a substantial interest. 4. National security considerations through licensure Section 353 of the Public Health Service Act ( 42 U.S.C. 263a ) is amended— (1) by redesignating subsection (q) as subsection (r); and (2) by inserting after subsection (p) the following: (q) Ties to the People's Republic of China (1) In general Each certificate issued by the Secretary under this section shall state whether— (A) the laboratory; (B) the company that owns or manages the laboratory; or (C) any subcontractors or subsidiaries of such a laboratory or company, is an entity described in paragraph (2). (2) Entity described An entity described in this paragraph is an entity— (A) (i) that is engaged in the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, people of the United States; or (ii) that handles or has access to any data related to people of the United States that is derived from any activity described in clause (i); and (B) (i) over which control is exercised or exercisable by the Government of the People's Republic of China, a national of the People’s Republic of China, or an entity organized under the laws of the People’s Republic of China; or (ii) in which the Government of the People's Republic of China has a substantial interest. . 5. NIH Grantee ties to foreign governments Title IV of the Public Health Service Act is amended by inserting after section 403C ( 42 U.S.C. 283a–2 ) the following: 403C–1. Annual reporting regarding grantee ties to foreign governments (a) In general On an annual basis, the Director of NIH shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate, and to the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives, a report on any ties to foreign governments that researchers funded by grants from the National Institutes of Health have and that are not properly disclosed, vetted, and approved by the National Institutes of Health, including the status of any ongoing National Institutes of Health compliance reviews related to such ties and all administrative actions taken to address such concerns. (b) Requirement The Committees receiving the reports under subsection (a) shall keep confidential, and shall not release, any provision of such a report that is related to an ongoing National Institutes of Health compliance review. . 6. National security considerations in research (a) Establishment of working group Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish a working group (in this Act referred to as the Working Group ) in the Department of Health and Human Services to make recommended updates to the National Institute of Health’s Genomic Data Sharing Policy and to that end, develop and disseminate best practices on data sharing for use by entities engaged in biomedical research and international collaboration to enable both academic, public, and private institutions to— (1) protect intellectual property; (2) weigh the national security risks of potential partnerships where sensitive health information (for purposes of this Act, as defined by the Health IT Policy Committee), of the people of the United States is exchanged; and (3) protect the sensitive health information of the people of the United States. (b) Membership (1) Composition The Secretary shall, after consultation with the Director of the National Science Foundation and the Attorney General, appoint to the Working Group— (A) individuals with knowledge and expertise in data privacy or security, data-sharing, national security, or the uses of genomic technology and information in clinical or non-clinical research; (B) representatives of national associations representing biomedical research institutions and academic societies; (C) representatives of at least 2 major genomics research organizations from the private sector; and (D) representatives of any other entities the Secretary determines appropriate and necessary to develop the best practices described in subsection (a). (2) Representation In addition to the members described in paragraph (1), the Working Group shall include not less than one representative of each of the following: (A) The National Institutes of Health. (B) The Bureau of Industry and Security of the Department of Commerce. (C) The National Academies of Science, Engineering, and Mathematics. (D) The Department of State. (E) The Department of Justice. (F) The Federal Health IT Coordinating Council. (G) The Office of the National Coordinator for Health Information Technology. (H) The Defense Advanced Research Projects Agency. (I) The Department of Energy. (3) Date The appointments of the members of the Working Group shall be made not later than 90 days after the date of enactment of this Act. (c) Duties of Working Group (1) Study The Working Group shall study— (A) the transfer of data between private, public, and academic institutions that partake in science and technology research and their research partners, with a focus on entities of the People’s Republic of China and other foreign entities of concern, including a review of what circumstances would constitute a transfer of data; (B) best practices regarding data protection to help private, public, and academic institutions that partake in biomedical research decide how to weigh and factor national security into their partnership decisions and, through research collaborations, what steps the institutions can take to safeguard data, particularly genomic data; (C) recommendations regarding areas where Federal agencies can coordinate to increase education to such private and academic research institutions that partake in science and technology research to ensure the institutions can better protect themselves from economic threats with a strengthened understanding of intellectual property rights, research ethics, and the risk of intellectual property theft, as well as education on how to recognize and report such threats; and (D) other risks and best practices related to information and data sharing, as identified by the Working Group, including any gaps in current practice that could be addressed by congressional action. (2) Report (A) In general Not later than 1 year after the date of enactment of this Act, the Working Group shall submit a report that contains a detailed statement of the findings and conclusions of the Working Group, together with recommendations to update the National Institute of Health’s Genomic Data Sharing Policy and subsequent nonbinding guidance regarding risks and safeguards for data sharing with foreign entities for research institutions in the field, to— (i) the Secretary of Health and Human Services; (ii) the President; (iii) the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (iv) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Guidance The guidance provided under subparagraph (A) shall include non-binding guidance for entities that utilize genomic technologies, such as whole genomic sequencing, for use in research or other types of sensitive health information, as defined by the Secretary. (3) Requirements In carrying out the duties of this subsection, the Working Group shall consider all existing Federal guidance and grant requirements (as of the date of consideration), particularly with regard to foreign influences and research integrity, and ensure that all recommended updates to the Genomic Data Sharing Policy and subsequent best practices put forward by the working group not duplicate or conflict with existing guidance, as of the date of publication. (d) Powers of Working Group (1) Hearings The Working Group may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Working Group considers advisable to carry out this Act. (2) Information from Federal agencies (A) In general The Working Group may secure directly from a Federal department or agency such information as the Working Group considers necessary to carry out this Act. (B) Furnishing information On request of a majority of the members of the Working Group, the head of the department or agency shall furnish the information to the Working Group. (3) Postal services The Working Group may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Termination of Working Group The Working Group shall terminate 90 days after the date on which the Working Group submits the report required under subsection (c)(2). | https://www.govinfo.gov/content/pkg/BILLS-117s1744is/xml/BILLS-117s1744is.xml |
117-s-1745 | II 117th CONGRESS 1st Session S. 1745 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Rubio (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To strengthen the requirements for reviews by the Committee on Foreign Investment in the United States of covered transactions involving genetic information, and for other purposes.
1. Short title This Act may be cited as the Genomics Expenditures and National security Enhancement Act of 2021 or the GENE Act . 2. Requirements for reviews of covered transactions involving genetic information (a) Mandatory declarations Section 721(b)(1)(C)(v)(IV) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(1)(C)(v)(IV) ) is amended— (1) by redesignating items (cc) through (gg) as items (dd) through (hh), respectively; and (2) by inserting after item (bb) the following: (cc) Covered transactions involving genetic information The parties to a covered transaction shall submit a declaration described in subclause (I) with respect to the transaction if the transaction involves an investment described in subsection (a)(4)(B)(iii)(III) by a foreign person in a United States business that maintains or collects information about genetic tests of United States citizens, including any such information relating to genomic sequencing. . (b) Consultation with Secretary of Health and Human Services Section 721(k)(6) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(k)(6) ) is amended— (1) by striking The chairperson and inserting the following: (A) In general The chairperson ; and (2) by adding at the end the following: (B) Covered transactions involving genetic information The chairperson shall consult with the Secretary of Health and Human Services in any review or investigation under subsection (a) of a covered transaction that involves an investment described in subsection (a)(4)(B)(iii)(III) by a foreign person in a United States business that maintains or collects information about genetic tests of United States citizens, including any such information relating to genomic sequencing. . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Committee on Foreign Investment in the United States shall prescribe regulations to carry out the amendments made by this section. 3. Expansion of committees receiving annual testimony from Committee on Foreign Investment in the United States Section 721(o) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(o) ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate and inserting the committees specified in paragraph (2) ; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: (2) Committees specified The committees specified in this paragraph are— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. . 4. Effective date; applicability The amendments made by this Act shall— (1) take effect on the date that is 90 days after the date of the enactment of this Act; and (2) apply with respect to any covered transaction the review or investigation of which is initiated under section 721 of the Defense Production Act of 1950 on or after the date described in paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s1745is/xml/BILLS-117s1745is.xml |
117-s-1746 | II 117th CONGRESS 1st Session S. 1746 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To reform the requirements regarding the safety and security of families living in public and federally assisted housing in high-crime areas.
1. Short title This Act may be cited as the Liberty City Rising Act . 2. Safety standards for federally assisted housing in high-crime areas (a) Public housing Section 6(f)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(f)(2) ) is amended— (1) by striking The Secretary shall and inserting the following: (A) Safe and habitable The Secretary shall ; and (2) by adding at the end the following: (B) High-crime areas (i) Definition In this subparagraph, the term high-crime area means a neighborhood or other small geographic area that the Secretary determines has a high incidence of violent crime, based on the most recent violent crime data available from a State, unit of local government, or other source determined appropriate by the Secretary, that lists the types of crimes and number of offenses committed in the area. (ii) Additional safety and security standards In addition to the standards under subparagraph (A), the Secretary shall establish standards to ensure the safety and security of dwellings located in a high-crime area. (iii) Contents The standards established under clause (ii)— (I) shall require a public housing agency to consider security measures that meet the specific needs of a property or building; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (iv) Anonymous hotline A public housing agency that operates a public housing project in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the public housing project is located. . (b) Project-Based assisted housing (1) In general Section 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13) ) is amended by adding at the end the following: (P) Safety and security standards for high-crime areas (i) Definition In this subparagraph, the term high-crime area means a neighborhood or other small geographic area that the Secretary determines has a high incidence of violent crime, based on the most recent violent crime data available from a State, unit of local government, or other source determined appropriate by the Secretary, that lists the types of crimes and number of offenses committed in the area. (ii) Contract requirement An assistance contract for project-based assistance entered into under this paragraph with respect to a structure shall require that the owner maintain the structure, if determined to be in a high-crime area, in a condition that complies with standards that meet or exceed the safety and security standards established under clause (iii). (iii) Safety and security standards The Secretary shall establish standards to ensure the safety and security of structures located in a high-crime area. (iv) Contents The standards established under clause (iii)— (I) shall require the owner of a structure that receives project-based assistance under this paragraph to consider security measures that meet the specific needs of the structure; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (v) Inspections When determining whether a dwelling unit that is in a high-crime area meets the housing quality standards under paragraph (8)(B), a public housing agency shall also determine whether the dwelling unit meets the standards established under this subparagraph. (vi) Anonymous hotline A public housing agency that provides project-based assistance under this paragraph with respect to a structure in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the structure is located. . (2) Conforming amendment Section 8(d)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(d)(2) ) is amended by adding at the end the following: (E) (i) Subsection (o)(13)(P) (relating to safety and security standards for high-crime areas) shall apply to a contract for project-based assistance under this paragraph and to a public housing agency that enters into such a contract. (ii) When determining whether a structure assisted under this paragraph that is in a high-crime area, as defined in subsection (o)(13)(P), meets any applicable housing quality standards, a public housing agency shall also determine whether the structure meets the safety and security standards established under that subsection. . (c) Deadlines (1) Determination of high-crime areas Not later than 90 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall make an initial determination as to which areas of the United States are high-crime areas for purposes of sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section. (2) Safety and security standards Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall establish the safety and security standards for public housing projects and other assisted structures located in high-crime areas required under sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section. 3. Grant priority for public housing projects in high-crime areas Section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ) is amended by adding at the end the following: (4) Emergency Safety and Security funding priority for high-crime areas In awarding grants for safety and security measures using amounts from the Capital Fund, the Secretary shall give priority to an application from a public housing agency that proposes to use the grant for a public housing project located in a high-crime area (as defined in section 6(f)(2)(B)). . | https://www.govinfo.gov/content/pkg/BILLS-117s1746is/xml/BILLS-117s1746is.xml |
117-s-1747 | II 117th CONGRESS 1st Session S. 1747 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for an equitable management of summer flounder based on geographic, scientific, and economic data, and for other purposes.
1. Short title This Act may be cited as the Fluke Fairness Act of 2021 . 2. Findings Congress finds the following: (1) Summer flounder is an important economic fish stock for commercial and recreational fishermen across the Northeast and Mid-Atlantic United States. (2) The Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.) was reauthorized in 2006 and instituted annual catch limits and accountability measures for important fish stocks. (3) That reauthorization prompted fishery managers to look at alternate management schemes to rebuild depleted stocks like summer flounder. (4) Summer flounder occur in both State and Federal waters and are managed through a joint fishery management plan between the Council and the Commission. (5) The Council and the Commission decided that each State’s recreational and commercial harvest limits for summer flounder would be based upon landings in previous years. (6) These historical landings were based on flawed data sets that no longer provide fairness or flexibility for fisheries managers to allocate resources based on the best science. (7) This allocation mechanism resulted in an uneven split among the States along the East Coast which is problematic. (8) The fishery management plan for summer flounder does not account for regional changes in the location of the fluke stock even though the stock has moved further to the north and changes in effort by anglers along the East Coast. (9) The States have been locked in a management system based on data collected from 1981 to 1989, thus, the summer flounder stock is not being managed using the best available science and modern fishery management techniques. (10) It is in the interest of the Federal Government to establish a new fishery management plan for summer flounder that is based on current geographic, scientific, and economic realities. 3. Definitions In this Act: (1) Commission The term Commission means the Atlantic States Marine Fisheries Commission. (2) Council The term Council means the Mid-Atlantic Fishery Management Council established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a) ). (3) National standards The term National Standards means the national standards for fishery conservation and management set out in section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1851(a) ). (4) Secretary The term Secretary means the Secretary of Commerce. (5) Summer flounder The term summer flounder means the species Paralichthys dentatus. 4. Summer flounder management reform (a) Fishery management plan modification Not later than 1 year after the date of enactment of this Act, the Council shall submit to the Secretary, and the Secretary may approve, a modified fishery management plan for the commercial management of summer flounder under title III of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1851 et seq.) or an amendment to such plan that— (1) shall be based on the best scientific information available; (2) establishes commercial quotas in direct proportion to the distribution, abundance, and location of summer flounder as reflected by fishery independent surveys conducted by the National Marine Fisheries Service and State agencies; (3) considers regional, coastwide, or other management measures for summer flounder that comply with the National Standards; and (4) prohibits the establishment of commercial catch quotas for summer flounder on a State-by-State basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. (b) Consultation with the commission In preparing the modified fishery management plan or an amendment to such a plan as described in subsection (a), the Council shall consult with the Commission to ensure consistent management throughout the range of the summer flounder. (c) Failure To submit plan If the Council fails to submit a modified fishery management plan or an amendment to such a plan as described in subsection (a) that may be approved by the Secretary, the Secretary shall prepare and consider such a modified plan or amendment. 5. Report Not later than 1 year after the date of the approval under section 4 of a modified fishery management plan for the commercial management of summer flounder or an amendment to such plan, the Comptroller General of the United States shall submit to Congress a report on the implementation of such modified plan or amendment that includes an assessment of whether such implementation complies with the National Standards. | https://www.govinfo.gov/content/pkg/BILLS-117s1747is/xml/BILLS-117s1747is.xml |
117-s-1748 | II 117th CONGRESS 1st Session S. 1748 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Menendez (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To modify the prohibition on recognition by United States courts of certain rights relating to certain marks, trade names, or commercial names.
1. Short title This Act may be cited as the No Stolen Trademarks Honored in America Act . 2. Modification of prohibition Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277 ; 112 Stat. 2681–88) is amended— (1) in subsection (a)(2)— (A) by striking by a designated national ; and (B) by inserting before the period at the end the following: that was used in connection with a business or assets that were confiscated unless the original owner of the mark, trade name, or commercial name, or the bona fide successor-in-interest has expressly consented ; (2) in subsection (b), by striking by a designated national or its successor-in-interest ; (3) by redesignating subsection (d) as subsection (e); (4) by inserting after subsection (c) the following: (d) Subsections (a)(2) and (b) of this section shall apply only if the person or entity asserting the rights knew or had reason to know at the time when the person or entity acquired the rights asserted that the mark, trade name, or commercial name was the same as or substantially similar to a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated. ; and (5) in subsection (e), as so redesignated, by striking In this section: and all that follows through (2) The term and inserting In this section, the term . | https://www.govinfo.gov/content/pkg/BILLS-117s1748is/xml/BILLS-117s1748is.xml |
117-s-1749 | II 117th CONGRESS 1st Session S. 1749 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Wicker (for himself, Mr. Kaine , Mr. Scott of South Carolina , Mr. Coons , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize the Minority Business Development Agency of the Department of Commerce to establish business centers at historically Black colleges and universities, and for other purposes.
1. Short title This Act may be cited as the Reaching America's Rural Minority Businesses Act of 2021 . 2. Definitions (1) Agency The term Agency means the Minority Business Development Agency of the Department of Commerce. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate ; (B) the Committee on Small Business and Entrepreneurship of the Senate ; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Small Business of the House of Representatives. (3) Eligible entity The term eligible entity means— (A) a historically Black college or university; or (B) a consortium of institutions of higher education that is led by a historically Black college or university. (4) Historically Black college or university The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (5) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (6) MBDA center The term MBDA center means any business center established by the Agency. (7) MBDC agreement The term MBDC agreement means a collaborative agreement entered into between the Agency and an eligible entity under section 3(b)(2). (8) Minority business enterprise The term minority business enterprise has the meaning given the term in section 1108(a) of the CARES Act ( 15 U.S.C. 9007(a) ). (9) Rural area The term rural area means an area located outside a metropolitan statistical area (as designated by the Office of Management and Budget). (10) Rural business center The term rural business center means an MBDA center with the functions described in section 3(c). (11) Rural minority business enterprise The term rural minority business enterprise means a minority business enterprise located in a rural area. 3. Business centers (a) In general The Agency may establish not more than 10 rural business centers. (b) Partnership (1) In general The agency shall establish each rural business center in partnership with an eligible entity in accordance with paragraph (2). (2) MBDC agreement (A) In general With respect to each rural business center established by the Agency, the Agency shall enter into a collaborative agreement with an eligible entity that provides that— (i) the eligible entity shall provide space, facilities, and staffing for the rural business center; (ii) the Agency shall provide funding for, and oversight with respect to, the rural business center; and (iii) subject to subparagraph (B), the eligible entity shall match 20 percent of the amount of the funding provided by the Agency under clause (ii), which may be calculated to include the costs of providing the space, facilities, and staffing under clause (i). (B) Lower match requirement Based on the available resources of an eligible entity, the Agency may enter into a collaborative agreement with the eligible entity that provides that the eligible entity shall match less than 20 percent of the amount of the funding provided by the Agency under subparagraph (A)(ii). (3) Term The term of an MBDC agreement shall be 5 years. (4) Renewal The Agency and an eligible entity may agree to extend the term of an MBDC agreement with respect to a rural business center for an additional 5 years. (c) Functions A rural business center shall— (1) primarily serve clients that are— (A) rural minority business enterprises; or (B) minority business enterprises that are located more than 50 miles from an MBDA center (other than that rural business center); (2) focus on issues relating to— (A) the adoption of broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation), digital literacy skills, and e-commerce by rural minority business enterprises; (B) advanced manufacturing; (C) the promotion of manufacturing in the United States; (D) ways in which rural minority business enterprises can meet gaps in the supply chain of critical supplies and essential goods and services for the United States; (E) improving the connectivity of rural minority business enterprises through transportation and logistics; (F) promoting trade and export opportunities by rural minority business enterprises; (G) securing financial capital; and (H) facilitating entrepreneurship in rural areas; and (3) provide education, training, and technical assistance to minority business enterprises. (d) Applications (1) In general Not later than 90 days after the date of enactment of this Act, the Agency shall issue a request for applications from eligible entities that desire to enter into MBDC agreements with the Agency. (2) Criteria and priority In selecting an eligible entity with which to enter into an MBDC agreement, the Agency shall— (A) select an eligible entity that demonstrates— (i) the ability to collaborate with governmental and private sector entities to leverage capabilities of minority business enterprises through public-private partnerships; (ii) the research and extension capacity to support minority business enterprises; (iii) knowledge of the community that the eligible entity serves and the ability to conduct effective outreach to that community to advance the goals of a rural business center; (iv) the ability to provide innovative business solutions, including access to contracting opportunities, markets, and capital; (v) the ability to provide services that advance the development of science, technology, engineering, and math jobs within minority business enterprises; (vi) the ability to leverage resources from within the eligible entity to advance a rural business center; (vii) that the mission of the eligible entity aligns with the mission of the Agency; and (viii) the ability to leverage relationships with rural minority business enterprises; and (B) give priority to an eligible entity located in a State or region that lacks an MBDA center, as of the date of enactment of this Act. (e) Authorization of appropriations There are authorized to be appropriated to the Agency to establish rural business centers under this section $10,000,000 for each of fiscal years 2022 through 2026. 4. Report to Congress Not later than 1 year after the date of enactment of this Act, the Agency shall submit to the appropriate congressional committees a report that includes— (1) a summary of the efforts of the Agency to provide services to minority business enterprises located in States that lack an MBDA center, as of the date of enactment of this Act, and especially in those States that have significant minority populations; and (2) recommendations for extending the outreach of the Agency to underserved areas. 5. Study and report (a) In general The Agency, in coordination with the Administrator of the Small Business Administration, shall conduct a study on the ways in which minority business enterprises can meet gaps in the supply chain of the United States, with a particular focus on the supply chain of advanced manufacturing and essential goods and services. (b) Report Not later than 1 year after the date of enactment of this Act, the Agency shall submit to Congress a report that includes— (1) the results of the study conducted under subsection (a); and (2) recommendations on the ways in which minority business enterprises can meet gaps in the supply chain of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s1749is/xml/BILLS-117s1749is.xml |
117-s-1750 | II 117th CONGRESS 1st Session S. 1750 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Barrasso (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To redesignate land within certain wilderness study areas in the State of Wyoming, and for other purposes.
1. Short title This Act may be cited as the Wyoming Public Lands Initiative Act of 2021 . 2. Definitions In this Act: (1) Bureau The term Bureau means the Bureau of Land Management. (2) Department The term Department means the Department of the Interior. (3) Director The term Director means the Director of the Bureau of Land Management. (4) Emergency The term emergency means a situation that requires immediate action because of an imminent danger— (A) to the health or safety of people; or (B) of harm to property. (5) Range improvement The term range improvement has the meaning given the term in section 3 of the Public Rangelands Improvement Act of 1978 ( 43 U.S.C. 1902 ). (6) State The term State means the State of Wyoming. 3. Designation of land in Carbon County, Wyoming (a) Designation of wilderness areas (1) Encampment River Canyon Wilderness (A) Designation In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), except as provided in subparagraph (B), the land within the boundaries of the Encampment River Canyon Wilderness Study Area is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Encampment River Canyon Wilderness (referred to in this paragraph as the Wilderness ). (B) Excluded land (i) Definition of Water Valley Road In this subparagraph, the term Water Valley Road means the road in Carbon County, Wyoming, that is 50 feet wide and 17,340 feet long, consisting of approximately 19.904 acres of land in T. 14 N., R. 84 W., including— (I) in sec. 22, land in— (aa) the NE 1/4 SW 1/4 ; and (bb) the S 1/2 SW 1/4 ; (II) in sec. 27, land in lots 4, 6, and 7 of the NW 1/4 SW 1/4 ; (III) in sec. 28, land in lot 1 of the NE 1/4 SE 1/4 ; (IV) in sec. 34, land in— (aa) the S 1/2 NE 1/4 ; and (bb) the E 1/2 NW 1/4 ; and (V) in sec. 35, land in— (aa) the N 1/2 SW 1/4 ; (bb) the NW 1/4 SE 1/4 ; and (cc) the S 1/2 SE 1/4 . (ii) Land excluded from the Wilderness The following land is not included in the Wilderness: (I) Any land in the NW 1/4 NW 1/4 NW 1/4 sec. 24, T. 14 N., R. 84 W. (II) Any land within 50 feet of the centerline of— (aa) County Road 353; or (bb) Water Valley Road. (C) Maintenance of roads Necessary maintenance or repairs to County Road 353 or Water Valley Road (as defined in subparagraph (B)) shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection. (D) Wildfire suppression (i) In general Not later than 180 days after the date of enactment of this Act, the Director shall establish a fire suppression plan for the protection of— (I) any individual or structure adjacent to the Wilderness; and (II) the population centers of— (aa) Encampment, Wyoming; and (bb) Riverside, Wyoming. (ii) Coordination In carrying out clause (i), the Director shall coordinate with— (I) the Wyoming State Forestry Division; and (II) Carbon County, Wyoming. (2) Prospect Mountain Wilderness (A) Designation In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), except as provided in subparagraph (B), the land within the boundaries of the Prospect Mountain Wilderness Study Area is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Prospect Mountain Wilderness (referred to in this paragraph as the Wilderness ). (B) Excluded land Any land within 100 feet of the centerline of Prospect Road is not included in the Wilderness. (C) Maintenance of Prospect Road Necessary maintenance or repairs to Prospect Road shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection. (3) Management of wilderness areas (A) Administration Subject to valid existing rights, the wilderness areas designated in paragraphs (1) and (2) (referred to in this paragraph as the Wilderness Areas ) shall be administered by the Director in accordance with— (i) this paragraph; and (ii) the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (B) Grazing Grazing of livestock in the Wilderness Areas, where established before the date of enactment of this Act, shall be allowed to continue in accordance with— (i) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); (ii) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); and (iii) the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). (C) Review of policies, practices, and regulations (i) In general To ensure that the policies, practices, and regulations of the Department conform to and implement the intent of Congress regarding forest fires and the outbreak of disease or insects, not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall review all policies, practices, and regulations of the Department applicable to the Wilderness Areas that pertain to— (I) wildland fires, including the use of modern methods of fire suppression (including mechanical activity, as necessary); or (II) the outbreak of disease or insect populations. (ii) Revisions On completion of the review under clause (i), the Secretary of the Interior shall revise or develop policies, practices, and regulations for the Wilderness Areas— (I) to ensure the timely and efficient control of fires, diseases, and insects in the Wilderness Areas, in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ); and (II) to provide, to the maximum extent practicable, adequate protection from forest fires, disease outbreaks, and insect infestations to any Federal, State, or private land adjacent to the Wilderness Areas. (b) Designation of Bennett Mountains Special Management Area (1) Designation The land within the Bennett Mountains Wilderness Study Area is designated as the Bennett Mountains Special Management Area (referred to in this subsection as the Special Management Area ). (2) Administration The Special Management Area shall be administered by the Director. (3) Roads; motorized vehicles (A) Roads (i) Prohibition on new permanent roads The construction of new permanent roads in the Special Management Area shall not be allowed. (ii) Temporary roads The Director may authorize the construction of new temporary roads to respond to an emergency. (B) Motorized vehicles Except as needed for administrative purposes, to respond to an emergency, or to develop range improvements, the use of motorized and mechanized vehicles in the Special Management Area shall be allowed only on existing roads and trails designated for the use of motorized or mechanized vehicles by the travel management plan established under subparagraph (C). (C) Travel management plan Not later than 2 years after the date of enactment of this Act, the Director shall establish a travel management plan for the Special Management Area. (4) Grazing Grazing of livestock in the Special Management Area shall be administered— (A) as a nondiscretionary use; and (B) in accordance with the laws generally applicable to land under the jurisdiction of the Bureau, including— (i) the Act of June 28, 1934 (commonly known as the Taylor Grazing Act ) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.); (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.); and (iii) the Public Rangelands Improvement Act of 1978 ( 43 U.S.C. 1901 et seq.). (5) Fire management and suppression (A) In general The Director shall carry out fire management and suppression activities in the Special Management Area in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (B) Review of policies, practices, and regulations (i) In general To ensure that the policies, practices, and regulations of the Bureau conform to and implement the intent of Congress regarding forest fires, not later than 180 days after the date of enactment of this Act, the Director shall review all policies, practices, and regulations of the Bureau applicable to the Special Management Area that pertain to wildland fires, including the use of modern methods of fire suppression. (ii) Revision On completion of the review under clause (i), the Director shall revise or develop policies, practices, and regulations for the Special Management Area— (I) to ensure the timely and efficient control of fires in the Special Management Area; and (II) to provide, to the maximum extent practicable, adequate protection from forest fires to any Federal, State, or private land adjacent to the Special Management Area. (6) Timber harvesting Commercial timber harvesting shall not be allowed in the Special Management Area. (7) Withdrawal (A) In general Except as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from— (i) location, entry, and patent under the mining laws; and (ii) disposition under all laws relating to mineral and geothermal leasing. (B) Exception The Secretary of the Interior may lease oil and gas resources within the boundaries of the Special Management Area if— (i) the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and (ii) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. (c) Designation of Black Cat Special Management Area (1) Designation The land described in paragraph (2) is designated as the Black Cat Special Management Area (referred to in this subsection as the Special Management Area ). (2) Included land The Special Management Area shall consist of— (A) the Federal land in T. 14 N., R. 81 W., sec. 35, that is managed by the Forest Service; and (B) the portions of T. 14 N., R. 81 W., secs. 26, 35, and 36, that are south and west of the North Platte River. (3) Administration The Special Management Area shall be administered by the Secretary of Agriculture. (4) Roads; motorized vehicles (A) Roads (i) Prohibition on new permanent roads The construction of new permanent roads in the Special Management Area shall not be allowed. (ii) Temporary roads The Secretary of Agriculture may authorize the construction of new temporary roads to respond to an emergency. (B) Motorized vehicles Except as needed for administrative purposes, to respond to an emergency, or to develop or maintain range improvements, the Secretary of Agriculture shall prohibit the use of motorized and mechanized vehicles in the Special Management Area. (5) Grazing Grazing of livestock in the Special Management Areas shall be administered— (A) as a nondiscretionary use; and (B) in accordance with the laws generally applicable to the National Forest System, including— (i) the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq.); (ii) the Act of June 28, 1934 (commonly known as the Taylor Grazing Act ) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.); and (iii) the Public Rangelands Improvement Act of 1978 ( 43 U.S.C. 1901 et seq.). (6) Fire management and suppression (A) In general The Secretary of Agriculture shall carry out fire management and suppression activities in the Special Management Area— (i) in accordance with the laws generally applicable to— (I) the National Forest System; and (II) the land within the boundaries of the Special Management Area; and (ii) (I) if a land management plan has been established for the Special Management Area, in accordance with that land management plan; or (II) if a land management plan has not been established for the Special Management Area, in a manner consistent with land that is similarly situated to the land within the boundaries of the Special Management Area, as determined by the Secretary of Agriculture. (B) Review of policies, practices, and regulations (i) In general To ensure that the policies, practices, and regulations of the Department of Agriculture conform to and implement the intent of Congress regarding forest fires, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall review all policies, practices, and regulations of the Department of Agriculture applicable to the Special Management Area that pertain to forest fires, including the use of modern methods of fire suppression. (ii) Revision On completion of the review under clause (i), the Secretary of Agriculture shall revise or develop policies, practices, and regulations for the Special Management Area— (I) to ensure the timely and efficient control of fires in the Special Management Area; and (II) to provide, to the maximum extent practicable, adequate protection from forest fires to any Federal, State, or private land adjacent to the Special Management Area. (7) Timber harvesting Commercial timber harvesting shall not be allowed in the Special Management Area. (8) Withdrawal (A) In general Except as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from— (i) location, entry, and patent under the mining laws; and (ii) disposition under all laws relating to mineral and geothermal leasing. (B) Exception The Secretary of the Interior may, with the approval of the Secretary of Agriculture, lease oil and gas resources within the boundaries of the Special Management Area if— (i) the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and (ii) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. (d) Release of wilderness study areas (1) Finding Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), any portion of a wilderness study area described in paragraph (2) that is not designated as wilderness by this section has been adequately studied for wilderness designation. (2) Description of land The wilderness study areas referred to in paragraphs (1) and (3) are— (A) the Encampment River Canyon Wilderness Study Area; (B) the Prospect Mountain Wilderness Study Area; and (C) the Bennett Mountains Wilderness Study Area. (3) Release Any portion of a wilderness study area described in paragraph (2) that is not designated as wilderness by this section is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ). (4) Management of released land (A) Encampment River Canyon Wilderness Study Area The Director shall manage the portion of the Encampment River Canyon Wilderness Study Area released under paragraph (3) in a manner consistent with a resource management plan that is applicable to any land that— (i) is adjacent to that released portion; and (ii) is not included in the Encampment River Canyon Wilderness designated under subsection (a)(1). (B) Prospect Mountain Wilderness Study Area The portion of the Prospect Mountain Wilderness Study Area released under paragraph (3) shall be managed in accordance with— (i) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.); and (ii) any other applicable law. (C) Bennett Mountains Wilderness Study Area The Director shall manage the portion of the Bennett Mountains Wilderness Study Area released under paragraph (3) in accordance with subsection (b). 4. Designation of land in Fremont and Natrona Counties, Wyoming (a) Designation of Upper Sweetwater Canyon and Lower Sweetwater Canyon wilderness areas (1) Designation (A) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), the land within the boundaries of the Sweetwater Canyon Wilderness Study Area is designated as wilderness and, as described in subparagraphs (B) and (C), as 2 components of the National Wilderness Preservation System, to be known as the Upper Sweetwater Canyon Wilderness (referred to in this subsection as the Upper Wilderness ) and the Lower Sweetwater Canyon Wilderness (referred to in this subsection as the Lower Wilderness ). (B) Upper Sweetwater Canyon Wilderness (i) Boundary (I) In general Except as provided in subclause (II), the boundary of the Upper Wilderness shall conform to the boundary of the Sweetwater Canyon Wilderness Study Area. (II) Eastern boundary The eastern boundary of the Upper Wilderness shall be 100 feet from the western edge of the north-south road bisecting the Upper Wilderness and the Lower Wilderness, known as Strawberry Creek Road . (ii) Exclusion of existing roads Any established legal route with authorized motorized use in existence on the date of enactment of this Act that enters the Upper Wilderness in T. 28 N., R. 98 W., sec. 4, or the Lower Wilderness in T. 29 N., R. 97 W., sec. 33, is not included in the Upper Wilderness. (C) Lower Sweetwater Canyon Wilderness (i) Boundary (I) In general Except as provided in subclauses (II) and (III), the boundary of the Lower Wilderness shall conform to the boundary of the Sweetwater Canyon Wilderness Study Area. (II) Western boundary The western boundary of the Lower Wilderness shall be 100 feet from the eastern edge of the north-south road bisecting the Upper Wilderness and the Lower Wilderness, known as Strawberry Creek Road . (III) Northern boundary The northern boundary of the Lower Wilderness shall begin where the bisecting road referred to in subclause (II) enters the Sweetwater Canyon Wilderness Study Area at the border of T. 29 N., R. 98 W., sec. 36, and T. 28 N., R. 98 W., sec. 2, and shall run east along the boundary of T. 29 N., R. 97 W., sec. 31, to the centerline of T. 29 N., R. 97 W., sec. 31, then north along that centerline to the midpoint of T. 29 N., R. 97 W., sec. 31, then east along that centerline to the boundary of T. 29 N., R. 97 W., sec. 32, then following the existing boundary of the Sweetwater Canyon Wilderness Study Area to the midpoint of T. 29 N., R. 97 W., sec. 32, then east along the centerline of T. 29 N., R. 97 W., secs. 32 and 33, to the existing boundary of the Sweetwater Canyon Wilderness Study Area. (ii) Exclusion of existing roads Any established legal route with authorized motorized use in existence on the date of enactment of this Act that enters the Upper Wilderness in T. 29 N., R. 98 W., sec. 4, or the Lower Wilderness in T. 29 N., R. 97 W., sec. 33, is not included in the Lower Wilderness. (2) Management (A) Administration Subject to valid existing rights, the Upper Wilderness and the Lower Wilderness shall be administered by the Director in accordance with— (i) this paragraph; and (ii) the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (B) Grazing Grazing of livestock in the Upper Wilderness and the Lower Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with— (i) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); (ii) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); and (iii) the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). (C) Maintenance of existing roads Necessary maintenance or repairs to any road described in subparagraph (B) or (C) of paragraph (1) shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection. (D) Range improvements The construction, reconstruction, and maintenance of range improvements shall be allowed in the Upper Wilderness and the Lower Wilderness. (E) Buffer zones (i) In general Nothing in this paragraph creates a protective perimeter or buffer zone around the Upper Wilderness or the Lower Wilderness. (ii) Activities outside wilderness areas The fact that an activity or use on land outside the Upper Wilderness or the Lower Wilderness can be seen or heard within the Upper Wilderness or the Lower Wilderness, respectively, shall not preclude the activity or use outside the boundary of the Upper Wilderness or the Lower Wilderness. (3) Release of wilderness study area Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Sweetwater Canyon Wilderness Study Area not designated as wilderness by this subsection has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ). (b) Designation of Sweetwater Rocks Special Management Area (1) Designation The land within the Lankin Dome, Split Rock, Savage Peak, and Miller Springs Wilderness Study Areas is designated as the Sweetwater Rocks Special Management Area (referred to in this subsection as the Special Management Area ). (2) Administration The Special Management Area shall be administered by the Director in a manner that protects— (A) valid existing rights; (B) agricultural uses; (C) primitive recreational opportunities; and (D) natural, historic, and scenic resources. (3) Motorized vehicles (A) In general Except as provided in subparagraph (B), the use of motorized vehicles in the Special Management Area shall be allowed only on established legal routes with authorized motorized use existing on the date of enactment of this Act. (B) Exceptions Notwithstanding subparagraph (A), the use of motorized vehicles may be allowed in the Special Management Area for the construction, reconstruction, or maintenance of necessary infrastructure, as determined by the Director. (4) Grazing Grazing of livestock in the Special Management Area shall be administered in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (5) Prohibition on certain overhead towers No new overhead transmission or communications tower shall be constructed in the Special Management Area. (6) Underground rights-of-way The Director may expand any underground right-of-way in the Special Management Area that exists as of the date of enactment of this Act. (7) Buffer zones (A) In general Nothing in this subsection creates a protective perimeter or buffer zone around the Special Management Area. (B) Activities outside special management area The fact that an activity or use on land outside the Special Management Area can be seen or heard within the Special Management Area shall not preclude the activity or use outside the boundary of the Special Management Area. (8) Land exchanges and easements (A) Land exchanges (i) In general The Director may propose to, and carry out with, an individual or entity owning land in the vicinity of the Special Management Area any land exchange that— (I) increases access to the Special Management Area; and (II) does not result in a net loss of Federal land. (ii) Process The Director may carry out clause (i)— (I) through the use of existing processes; or (II) by establishing a process for proposing and carrying out land exchanges under that clause. (B) Easements Notwithstanding any other provision of law, the Director may acquire from an individual or entity owning land in the vicinity of the Special Management Area an easement for the purpose of increasing access to the Special Management Area. (9) Withdrawals (A) Mining, mineral, and geothermal withdrawal (i) In general Except as provided in clause (ii), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from— (I) location, entry, and patent under the mining laws; and (II) disposition under all laws relating to mineral and geothermal leasing. (ii) Exception The Secretary of the Interior may lease oil and gas resources within the boundaries of the Special Management Area if— (I) the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and (II) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. (B) Wind and solar energy withdrawal Subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from right-of-way leasing and disposition under all laws relating to wind or solar energy. (10) Release of wilderness study areas Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Lankin Dome, Split Rock, Savage Peak, and Miller Springs Wilderness Study Areas has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ). (c) Release of the Dubois Badlands Wilderness Study Area (1) Division The Director shall divide the land within the Dubois Badlands Wilderness Study Area by installing a fence, or repairing or relocating an existing fence, in T. 41 N., R. 106 W., sec. 5, that— (A) follows existing infrastructure and natural barriers; (B) begins at an intersection with North Mountain View Road in the NE 1/4 NW 1/4 sec. 5, T. 41 N., R. 106 W.; (C) from the point described in subparagraph (B), proceeds southeast to a point near the midpoint of the NE 1/4 sec. 5, T. 41 N., R. 106 W.; and (D) from the point described in subparagraph (C), proceeds southwest to a point in the SW 1/4 NE 1/4 sec. 5, T. 41 N., R. 106 W., that intersects with the boundary of the Dubois Badlands Wilderness Study Area. (2) Dubois Motorized Recreation Area (A) Establishment There is established the Dubois Motorized Recreation Area (referred to in this paragraph as the Recreation Area ) in the State, to be managed by the Director. (B) Area included The Recreation Area shall consist of— (i) any land within the boundaries of the Dubois Badlands Wilderness Study Area that is west of the fence described in paragraph (1); and (ii) any Federal land in T. 41 N., R. 106 W., secs. 5 and 6 that— (I) is managed by the Bureau; and (II) is west of North Mountain View Road. (C) Management (i) Boundary fence (I) In general The Director shall construct a fence along the western boundary of the Recreation Area on any land that— (aa) is managed by the Bureau; and (bb) is west of North Mountain View Road. (II) Coordination In designing, locating, and constructing the fence described in subclause (I), the Director shall coordinate with the owners of any land adjacent to the land described in that subclause. (ii) Travel management plan As soon as practicable after the date of completion of the fence described in clause (i), the Director shall establish a travel management plan for the Recreation Area to maximize the use of motorized off-road vehicles in the Recreation Area. (3) Dubois Badlands National Conservation Area (A) Establishment There is established the Dubois Badlands National Conservation Area (referred to in this paragraph as the Conservation Area ) in the State, to be managed by the Director. (B) Area included The Conservation Area shall consist of any land within the boundaries of the Dubois Badlands Wilderness Study Area that is east of the fence described in paragraph (1). (C) Management (i) In general The Director shall manage the Conservation Area in a manner that protects— (I) valid existing rights; (II) agricultural uses; (III) primitive recreational opportunities; and (IV) natural, historic, and scenic resources. (D) Motorized vehicles (i) In general Except as provided in clause (ii), the use of motorized vehicles in the Conservation Area shall not be allowed. (ii) Exceptions The Director may allow the use of motorized vehicles in the Conservation Area for— (I) habitat improvement; (II) the construction, reconstruction, or maintenance of range improvements; and (III) to respond to an emergency. (E) Grazing Grazing of livestock in the Conservation Area shall be administered in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (F) Rights-of-way No major right-of-way shall be allowed within the boundaries of the Conservation Area. (G) Withdrawal (i) In general Subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Conservation Area is withdrawn from— (I) location, entry, and patent under the mining laws; and (II) disposition under all laws relating to mineral and geothermal leasing. (4) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Dubois Badlands Wilderness Study Area has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ). (d) Release of certain wilderness study areas (1) Copper Mountain Wilderness Study Area (A) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Copper Mountain Wilderness Study Area— (i) has been adequately studied for wilderness designation; (ii) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (iii) shall be managed in accordance with this paragraph. (B) Management of released land (i) In general The land described in subparagraph (A) shall be administered by the Director in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (ii) Mineral leasing (I) In general Subject to surface occupancy requirements and any other provision of law, the Director may enter mineral leases for any land described in subparagraph (A) that has a slope of less than 25 percent. (II) Underground rights-of-way The Director may grant underground rights-of-way for any mineral lease entered into under subclause (I). (iii) Prohibition of certain leases Subject to valid rights in existence on the date of enactment of this Act, the Director shall not issue a new lease for a wind or solar project, an overhead transmission line, or a communication tower on the land described in subparagraph (A). (C) Authority to exchange land In carrying out any land exchange involving any of the land described in subparagraph (A), the Director shall ensure that the exchange does not result in a net loss of Federal land. (2) Whiskey Mountain Wilderness Study Area (A) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Whiskey Mountain Wilderness Study Area— (i) has been adequately studied for wilderness designation; (ii) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (iii) shall be managed in accordance with this paragraph. (B) Management of released land The land described in subparagraph (A) shall be administered by the Director in accordance with— (i) a resource management plan that is applicable to any land adjacent to the land described in subparagraph (A); and (ii) the Whiskey Mountain Cooperative Agreement between the Wyoming Game and Fish Commission, the Forest Service, and the Bureau, including any amendment to that agreement relating to the management of bighorn sheep. (e) Management of land in Fremont County, Wyoming (1) Definition of County In this subsection, the term County means Fremont County, Wyoming. (2) Lander slope and Red Canyon Areas of Environmental Concern (A) Transfers The Director shall pursue transfers in which land managed by the Bureau in the County is exchanged for land owned by the State that is within the boundaries of— (i) the Lander Slope Area of Critical Environmental Concern; or (ii) the Red Canyon Area of Critical Environmental Concern. (B) Requirements A transfer under subparagraph (A) shall— (i) comply with all requirements of law, including any required analysis; and (ii) be subject to appropriation. (3) Study (A) In general The Director shall carry out a study to evaluate the potential for the development of special motorized recreation areas in the County. (B) Requirements The study under subparagraph (A) shall evaluate— (i) the potential for the development of special motorized recreation areas on all land managed by the Bureau in the County except— (I) T. 40 N., R. 94 W., secs. 15, 17, 18, 19, 20, 21, 22, 27, 28, 29, and the N 1/2 sec. 34; and (II) any land that is subject to a restriction on the use of off-road vehicles under any Federal law, including this Act; (ii) the suitability of the land for off-road vehicles, including rock crawlers; and (iii) the parking, staging, and camping necessary to accommodate special motorized recreation. (C) Report Not later than 2 years after the date of enactment of this Act, the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the findings of the study under subparagraph (A). (4) Fremont County Implementation Team (A) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall establish a team, to be known as the Fremont County Implementation Team (referred to in this paragraph as the Team ) to advise and assist the Director with respect to the implementation of the management requirements described in this section that are applicable to land in the County. (B) Membership The team shall consist of— (i) the Secretary of the Interior (or a designee of the Secretary of the Interior); and (ii) 1 or more individuals appointed by the Board of County Commissioners of the County. (C) Nonapplicability of the F ederal A dvisory C ommittee A ct The team shall not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). 5. Designation of land in Johnson and Campbell Counties, Wyoming (a) Designations (1) Fortification Creek Management Area The land within the Fortification Creek Wilderness Study Area is designated as the Fortification Creek Management Area . (2) Fraker Mountain Management Area The land within the Gardner Mountain Wilderness Study Area is designated as the Fraker Mountain Management Area . (3) North Fork Management Area The land within the North Fork Wilderness Study Area is designated as the North Fork Management Area . (b) Management (1) Administration The management areas designated by subsection (a) (referred to in this subsection as the Management Areas ) shall be administered by the Director in a manner that— (A) promotes nonmotorized backcountry recreation, including hunting; and (B) supports ongoing projects to maintain and improve— (i) wildlife habitat; (ii) forest health; (iii) watershed protection; and (iv) ecological and cultural values. (2) Roads (A) Prohibition on new permanent roads The construction of new permanent roads in the Management Areas shall not be allowed. (B) Temporary roads The Secretary of the Interior may authorize the construction of new temporary roads in the Management Areas— (i) for— (I) fire suppression; (II) forest health and restoration; (III) weed and pest control; (IV) habitat management; (V) livestock management; or (VI) the construction, reconstruction, or maintenance of a range improvement; or (ii) to respond to an emergency. (3) Motorized vehicles (A) In general Except as provided in subparagraph (B), the use of motorized or mechanized vehicles in the Management Areas shall not be allowed. (B) Exceptions The Director may allow the use of motorized or mechanized vehicles in the Management Areas— (i) for— (I) fire suppression; (II) forest health and restoration; (III) weed and pest control; (IV) habitat management; (V) livestock management; or (VI) the construction, reconstruction, or maintenance of a range improvement; or (ii) to respond to an emergency. (4) Grazing Grazing of livestock in the Management Areas shall be administered in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (5) Prohibition on certain infrastructure The development, construction, or installation of infrastructure for recreational use shall not be allowed in— (A) the Fraker Mountain Management Area; or (B) the North Fork Management Area. (6) Withdrawal (A) In general Except as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Management Areas is withdrawn from— (i) location, entry, and patent under the mining laws; and (ii) disposition under all laws relating to mineral and geothermal leasing. (B) Exception The Secretary of the Interior may lease oil and gas resources within the boundaries of a management area designated by paragraph (1) if— (i) the lease may only be accessed by directional drilling from a lease that is outside of the management area; and (ii) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the management area for any activities, including activities related to exploration, development, or production. (7) Release of wilderness study areas Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Fortification Creek Wilderness Study Area, the Gardner Mountain Wilderness Study Area, and the North Fork Wilderness Study Area has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ). 6. Designation of land in Washakie and Hot Springs Counties, Wyoming (a) Designation of Bobcat Draw Wilderness (1) Designation (A) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), the approximately 6,200 acres of land within the Bobcat Draw Wilderness Study Area described in subparagraph (B) is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Bobcat Draw Wilderness (referred to in this subsection as the Wilderness ). (B) Included land The Wilderness shall consist of— (i) in T. 48 N., R. 97 W., secs. 2, 3, 10, 11, 15, 22, 23, 26, and 27, any land in the Bobcat Draw Wilderness Study Area that is in Washakie County, Wyoming; (ii) in T. 48 N., R. 97 W., sec. 4, the land in— (I) the E 1/2 SE 1/4 ; (II) lots 5, 6, 11, 12, 13 and 14 of the NE 1/4 ; (III) the east 1/2 of lot 10 of the NW 1/4 ; and (IV) the northeast 1/4 of lot 15 of the NW 1/4 ; (iii) in T. 48 N., R. 97 W., sec. 9, the land in— (I) the E 1/2 NE 1/4 ; (II) the SW 1/4 NE 1/4 ; (III) the E 1/2 NW 1/4 NE 1/4 ; (IV) the SE 1/4 SE 1/4 NW 1/4 ; (V) the SE 1/4 ; (VI) the E 1/2 NE 1/4 SW 1/4 ; (VII) the SW 1/4 NE 1/4 SW 1/4 ; (VIII) the SE 1/4 SW 1/4 ; and (IX) the E 1/2 SW 1/4 SW 1/4 ; (iv) in T. 48 N., R. 97 W., sec. 14, the land in— (I) the W 1/2 ; (II) the W 1/2 NE 1/4 ; (III) the W 1/2 SE 1/4 ; and (IV) the SE 1/4 SE 1/4 ; (v) in T. 48 N., R. 97 W., sec. 21, the land in— (I) the NE 1/4 ; (II) the E 1/2 NE 1/4 NW 1/4 ; (III) the E 1/2 SE 1/4 NW 1/4 ; (IV) the E 1/2 NE 1/4 SW 1/4 ; (V) that part of the E 1/2 SE 1/4 SW 1/4 within the boundary of the Bobcat Draw Wilderness Study Area; and (VI) that part of the SE 1/4 within the boundary of the Bobcat Draw Wilderness Study Area; and (vi) in T. 48 N., R. 97 W., sec. 24, the land in— (I) the W 1/2 NW 1/4 ; and (II) that part of the NW 1/4 SW 1/4 within the boundary of the Bobcat Draw Wilderness Study Area. (2) Management (A) Administration Subject to valid existing rights, the Wilderness shall be administered by the Director in accordance with— (i) this paragraph; and (ii) the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (B) Grazing Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with— (i) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); (ii) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); and (iii) the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). (C) Review of policies, practices, and regulations (i) In general To ensure that the policies, practices, and regulations of the Department conform to and implement the intent of Congress regarding forest fires and the outbreak of disease or insects, not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall review all policies, practices, and regulations of the Department applicable to the Wilderness that pertain to— (I) forest fires, including the use of modern methods of fire suppression (including mechanical activity, as necessary); or (II) the outbreak of disease or insect populations. (ii) Revisions On completion of the review under clause (i), the Secretary of the Interior shall revise or develop policies, practices, and regulations for the Wilderness— (I) to ensure the timely and efficient control of fires, diseases, and insects in the Wilderness; and (II) to provide, to the maximum extent practicable, adequate protection from forest fires, disease outbreaks, and insect infestations to any Federal, State, or private land adjacent to the Wilderness. (3) Release of wilderness study area (A) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Bobcat Draw Wilderness Study Area not designated as wilderness by this subsection has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ). (B) Classification and management of released land (i) Classification The Director shall designate the land described in subparagraph (A) as visual resource management class II. (ii) Grazing Grazing of livestock on the land described in subparagraph (A) shall be administered— (I) as a nondiscretionary use; and (II) in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (C) Travel management plan (i) In general Not later than 2 years after the date of enactment of this Act, the Director shall develop a travel management plan for the land described in subparagraph (A). (ii) Requirements The travel management plan under clause (i) shall— (I) identify all existing roads and trails on the land described in subparagraph (A); (II) designate each road or trail available for— (aa) motorized or mechanized recreation; or (bb) agriculture practices; (III) prohibit the construction of any new road or trail for motorized or mechanized recreation use; and (IV) permit the continued use of nonmotorized trails. (D) Withdrawal (i) In general Except as provided in clause (ii), subject to valid rights in existence on the date of enactment of this Act, the land described in subparagraph (A) is withdrawn from— (I) location, entry, and patent under the mining laws; and (II) disposition under all laws relating to mineral and geothermal leasing. (ii) Exception The Secretary of the Interior may lease oil and gas resources within the land described in subparagraph (A) if— (I) the lease may only be accessed by directional drilling from a lease that is outside of the land described in subparagraph (A); and (II) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance on the land described in subparagraph (A) for any activities, including activities related to exploration, development, or production. (b) Designation of Cedar Mountain Special Management Area (1) Designation (A) In general Except as provided in subparagraph (B), the land within the Cedar Mountain Wilderness Study Area is designated as the Cedar Mountain Special Management Area (referred to in this subsection as the Special Management Area ). (B) Excluded land (i) In general The land described in clause (ii) is not included in the Special Management Area. (ii) Land described The land referred to in clause (i) is the land designated by the Bureau as not suitable for wilderness in— (I) the NE 1/4 NW 1/4 sec. 5, T. 44 N., R. 94 W; (II) the NE 1/4 SE 1/4 sec. 5, T. 44 N., R. 94 W; (III) the SW 1/4 NE 1/4 sec. 5, T. 44 N., R. 94 W; and (IV) the SW 1/4 SW 1/4 sec. 32, T. 45 N., R. 94 W. (2) Administration The Special Management Area shall be administered by the Director in a manner that— (A) maintains the recreational, scenic, cultural, ecological, wildlife, and livestock production values of the Special Management Area; and (B) promotes continued use of the Special Management Area for recreational activities, including hunting and wildlife viewing. (3) Travel management plan (A) In general Not later than 2 years after the date of enactment of this Act, the Director shall develop a travel management plan for the Special Management Area. (B) Requirements The travel management plan under subparagraph (A) shall— (i) identify all existing roads and trails in the Special Management Area; (ii) designate each road or trail available for— (I) motorized or mechanized recreation; or (II) agriculture practices; (iii) prohibit the construction of any new road or trail for motorized or mechanized recreation use; and (iv) permit the continued use of nonmotorized trails. (4) Motorized vehicles (A) Use of motorized vehicles for livestock The use of motorized vehicles shall be allowed on any road in the Special Management Area for— (i) the construction, reconstruction, or maintenance of range improvements; or (ii) other livestock-management purposes. (B) Use of motorized vehicles for emergencies The use of motorized vehicles shall be allowed in the Special Management Area— (i) for fire suppression; (ii) for weed and pest management; and (iii) to respond to an emergency. (5) Grazing Grazing of livestock in the Special Management Area shall be administered— (A) as a nondiscretionary use; and (B) in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (6) Withdrawal (A) In general Except as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from— (i) location, entry, and patent under the mining laws; and (ii) disposition under all laws relating to mineral and geothermal leasing. (B) Exception The Secretary of the Interior may lease oil and gas resources within the boundaries of the Special Management Area if— (i) the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and (ii) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. (7) Release of wilderness study area (A) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Cedar Mountain Wilderness Study Area has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ). (B) Management of certain released land The Director shall manage any land described in subparagraph (A) that is not included in the Special Management Area in a manner consistent with a resource management plan that is applicable to any land that— (i) is managed by the Bureau; and (ii) is similarly situated to the land described in subparagraph (A) that is not included in the Special Management Area. (c) Release of Honeycombs Wilderness Study Area (1) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Honeycombs Wilderness Study Area— (A) has been adequately studied for wilderness designation; (B) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (C) shall be managed in accordance with this subsection. (2) Management of released land The land described in paragraph (1) shall be administered by the Director in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.); and (B) a resource management plan that is applicable to any land adjacent to the land described in paragraph (1). (d) Study of land in Hot Springs and Washakie Counties (1) Definition of Counties In this subsection, the term Counties means each of the following counties in the State: (A) Hot Springs County. (B) Washakie County. (2) Study (A) In general The Director shall carry out a study to evaluate the potential for the development of new special motorized recreation areas in the Counties. (B) Requirements (i) Land included The study under subparagraph (A) shall evaluate the potential for the development of new special motorized recreation areas on all land managed by the Bureau in the Counties except any land that is subject to a restriction on the use of motorized or mechanized vehicles under any Federal law, including this Act. (ii) Public input; collaboration In carrying out the study under subparagraph (A), the Director shall— (I) offer opportunities for public input; and (II) collaborate with— (aa) Wyoming Parks, Historic Sites, and Trails; and (bb) the Counties. (C) Report Not later than 2 years after the date of enactment of this Act, the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the findings of the study under subparagraph (A). | https://www.govinfo.gov/content/pkg/BILLS-117s1750is/xml/BILLS-117s1750is.xml |
117-s-1751 | II 117th CONGRESS 1st Session S. 1751 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Hagerty (for himself, Mr. Rubio , Mr. Cotton , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide that funding for Gaza shall be made available instead for the Iron Dome short-range rocket defense system.
1. Short title This Act may be cited as the Emergency Resupply for IRON DOME Act of 2021 . 2. Funding for Iron Dome short-range rocket defense system Notwithstanding any other provision of law, including section 1649 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and sections 482(b) and 531(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291a(b) and 2346(e)), the President shall transfer all unexpended balances of appropriations made available for assistance to Gaza— (1) to the Department of Defense, to be available for grants to Israel for the Iron Dome short-range rocket defense system; or (2) to the Foreign Military Financing Program authorized under section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ), to be available for grants to Israel for the Iron Dome short-range rocket defense system. | https://www.govinfo.gov/content/pkg/BILLS-117s1751is/xml/BILLS-117s1751is.xml |
117-s-1752 | II 117th CONGRESS 1st Session S. 1752 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Inhofe (for himself, Ms. Duckworth , Mr. Rubio , Mr. Wyden , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish the National Center for the Advancement of Aviation.
1. Short title This Act may be cited as the National Center for the Advancement of Aviation Act of 2021 . 2. Federal Charter for the National Center for the Advancement of Aviation (a) In general Chapter 1 of Subtitle I of title 49, United States Code, is amended by adding at the end the following new section: 118. National Center for the Advancement of Aviation (a) Federal charter and status (1) In general The National Center for the Advancement of Aviation (in this section referred to as the Center ) is a Federally chartered entity. The Center is a private entity, not a department, agency, or instrumentality of the United States Government. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government. (2) Perpetual existence Except as otherwise provided, the Center has perpetual existence. (b) Governing body (1) In general The Board of Directors (in this section referred to as the Board ) is the governing body of the Center. (2) Authority and powers (A) In general The Board shall adopt a constitution, bylaws, regulations, policies, and procedures to carry out the purpose of the Center and may take any other action that it considers necessary (in accordance with the duties and powers of the Center) for the management and operation of the Center. The Board is responsible for the general policies and management of the Center and for the control of all funds of the Center. (B) Powers of Board The Board shall have the power to do the following: (i) Adopt and alter a corporate seal. (ii) Establish and maintain offices to conduct its activities. (iii) Enter into contracts. (iv) Acquire, own, lease, encumber, and transfer property as necessary and appropriate to carry out the purposes of the Center. (v) Publish documents and other publications in a publicly accessible manner. (vi) Incur and pay obligations. (vii) Make or issue grants and include any conditions on such grants in furtherance of the purpose and duties of the Center. (viii) Perform any other act necessary and proper to carry out the purposes of the Center as described in its constitution and bylaws or duties outlined in this section. (3) Membership of the board (A) In general The Board shall have 11 Directors as follows: (i) Ex-officio membership The following individuals, or their designees, shall serve as ex-officio members of the Board: (I) The Administrator of the Federal Aviation Administration. (II) The Director of the William J. Hughes Technical Center within the Federal Aviation Administration. (III) The Director of the Mike Monroney Aeronautical Center within the Federal Aviation Administration. (ii) Appointments (I) In general From among those members of the public who are highly respected and have knowledge and experience in the fields of aviation, finance, or academia— (aa) the Secretary of Transportation shall appoint 5 members to the Board; (bb) the Secretary of Defense shall appoint 1 member to the Board; and (cc) the Secretary of Veterans Affairs shall appoint 1 member to the Board. (II) Terms The members appointed under subclause (I) shall serve for a term of 3 years and may be reappointed. To ensure subsequent appointments to the Board are staggered, of the 7 members first appointed under subclause (I), 2 shall be appointed for a term of 1 year, 2 shall be appointed for a term of 2 years, and 3 shall be appointed for a term of 3 years. (III) Consideration When considering whom to appoint to the Board, the Secretary of Transportation and Secretary of Defense shall ensure the overall composition of the Board remains balanced between and within the fields of aviation, finance, and academia. (iii) Executive director The Executive Director of the Center shall be a member of the Board pursuant to paragraph (5)(D). (B) Vacancies A vacancy on the Board shall be filled in the same manner as the initial appointment. (4) Chairman of the Board The Board shall choose a Chairman of the Board from among the members of the Board. (5) Administrative matters (A) Meetings (i) In general The Board shall meet at the call of the Chair but not less than 2 times each year and may, as appropriate, conduct business by telephone or other electronic means. (ii) Open (I) In general Except as provided in clause (II), a meeting of the Board shall be open to the public. (II) Exception A meeting, or any portion of a meeting, may be closed if the Board, in public session, votes to close the meeting because the matters to be discussed— (aa) relate solely to the internal personnel rules and practices of the Center; (bb) may result in disclosure of commercial or financial information obtained from a person that is privileged or confidential; (cc) may disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; or (dd) are matters that are specifically exempted from disclosure by Federal or State law. (iii) Public announcement At least 1 week before a meeting, and as soon as practicable thereafter if there are any changes, the Board shall make a public announcement of the meeting that describes— (I) the time, place, and subject matter of the meeting; (II) whether the meeting is to be open or closed to the public; and (III) the name and appropriate contact information of a person who can respond to requests for information about the meeting. (iv) Record The Board shall keep a transcript of minutes from each Board meeting. Such transcript shall be made available to the public in an accessible format, except for portions of the meeting that are closed pursuant to subparagraph (A)(ii)(II). (B) Quorum A majority of members of the Board shall constitute a quorum. (C) Restriction No member of the Board shall participate in any proceeding, application, ruling or other determination, contract claim, scholarship award, controversy, or other matter in which the member, the member’s employer or prospective employer, or the member’s spouse, partner, or minor child has a direct financial interest. Any person who violates this subparagraph shall be subject to applicable Federal and State laws and may be fined not more than $10,000, imprisoned for not more than 2 years, or both. (D) Executive Director The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the Executive Director ) who shall also become a member of the Board. The Executive Director serves at the pleasure of the Board, under such terms and conditions as the Board shall establish and is subject to removal by the Board at its discretion. The Executive Director shall be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. The Board shall designate to the Executive Director the authority to appoint additional personnel as the Board considers appropriate and necessary to carry out the purposes and duties of the Center. (c) Purpose of the Center The purpose of the Center is to provide a forum to facilitate collaboration and cooperation between aviation and aerospace private sector stakeholders, including general, business, and commercial aviation, education, labor, manufacturing, the Armed Forces, and other governmental, non-governmental, and international organizations, for the purpose of supporting and promoting civil and military aviation and aerospace in order to address the demands and challenges associated with ensuring a safe and vibrant national aviation system as identified by the Board. In furtherance of that purpose, the constitution and bylaws of the Center shall direct the Center to focus on the following: (1) The development and sustainability of a well-qualified, well-trained civil and military aviation and aerospace workforce. (2) The conduct of research and development of new aviation and aerospace training materials and products. (3) The coordination of the dissemination of grants for the development of aviation and aerospace oriented high school STEM education curriculum. (4) The facilitation of collaboration between institutions of higher education or other research institutions engaged in aviation, aerospace or related research or technical development, including those institutions designated as Centers of Excellence or Test Centers of the Federal Aviation Administration and aviation and aerospace stakeholders. (5) The engagement in other workforce development activities consistent with addressing the demands and challenges facing the aviation and aerospace industry. (d) Duties of center In order to accomplish the purpose described in subsection (c), the Center shall perform the following duties: (1) Support the development of aviation and aerospace education curricula, including syllabuses and lesson plans, for use by high schools, institutions of higher education, secondary education institutions, or technical training and vocational schools that are designed to prepare students to enter the aviation or aerospace workforce by becoming aircraft pilots, aerospace engineers, unmanned aircraft system operators, aviation maintenance technicians, or other aviation maintenance professionals, or to refresh the knowledge of pilots or any of the aforementioned individuals working in the aviation or aerospace sector. (2) Support the professional development of educators using the curriculum described in paragraph (1) and subparagraphs (A) and (B) of subsection (e)(1) by organizing symposiums designed to assist educators who are teaching or who wish to teach the aviation curriculum. (3) Promote aviation and aerospace employment opportunities generally, including building awareness of youth oriented aviation and aerospace programs (such as the Civil Air Patrol, Young Eagles program, and Reserve Officers Training Corps) and establishing scholarships, apprenticeships, or mentorship programs for individuals, including individuals in economically disadvantaged areas or individuals who are underrepresented in the aviation industry and who wish to pursue a career in an aviation- or aerospace-related field. (4) Support of Armed Forces personnel seeking to transition to a career in civil aviation or an aerospace related field through outreach, training, apprenticeships, or other means. (5) Serve as a central repository for publicly available economic data, safety data, and research efforts related to the aviation and aerospace sectors in order to make available to the public information that highlights the economic impact of aviation and aerospace and information that would improve the safety of aviation and aerospace. The Center shall periodically, as appropriate, publicize an analysis of such data in an accessible format. In particular, the Center shall coordinate with existing FAA Centers of Excellence to do the following: (A) Ensure research and development efforts conducted at Centers of Excellence of the Federal Aviation Administration are tracked, collected, and amplified across the aviation and aerospace community. (B) Provide a repository of pertinent recommendations or other action items from all Centers of Excellence for public review. (C) Serve as a collaborative forum for Centers of Excellence institution researchers, stakeholders, and other interested parties for the purpose of discussing research efforts. (6) Serve as a forum, through symposiums, conferences, and other means as appropriate, for cross-disciplinary collaboration among aviation and aerospace stakeholders to consider the near-term and long-term future of aviation and aerospace generally with respect to new training materials and products. (e) Grants (1) In general In order to accomplish the purpose under subsection (c) and duties under subsection (d), the Center shall have the authority and ability to issue grants to organizations that have experience in, and knowledge of, creating, developing, and delivering or updating— (A) high school aviation curricula, including syllabuses and lesson plans, that are designed to prepare students to become aircraft pilots, aerospace engineers, unmanned aircraft system operators, aviation maintenance technicians, or other aviation maintenance professionals, or to refresh the knowledge of out-of-practice pilots or any of the aforementioned individuals; or (B) aviation curricula, including syllabuses and lesson plans, used at institutions of higher education, secondary education institutions, or by technical training and vocational schools, that are designed to prepare students to become aircraft pilots, aerospace engineers, unmanned aircraft system operators, or aviation maintenance technicians, or to refresh the knowledge of out-of-practice pilots or any of the aforementioned individuals. (2) Limitation No organization that receives a grant under this subsection shall sell or make a profit from the creation, development, delivery, or updating of aviation curricula. (f) Administrative matters of the Center (1) Detailees (A) In general At the request of the Center, the head of any Federal agency or department may detail to the Center, on a reimbursable basis, any employee of the agency or department. (B) Civil service status The detail of an employee under subparagraph (A) shall be without interruption or loss of civil service status or privilege. (2) Names and symbols The Center may use proceeds derived from the Center’s use of the exclusive right to use its name and seal, emblems, and badges incorporating such name as lawfully adopted by the Board of Directors in furtherance of the purpose and duties of the Center. (3) Gifts, grants, bequests, and devises The Center may accept, use, and dispose of gifts, grants, bequests, or devises of money, services, or property from any public or private source for the purpose of covering the costs incurred by the Center in furtherance of the purpose and duties of the Center. (4) Voluntary services The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. (g) Restrictions on the Center (1) Profit The Center may not engage in business activity for profit. (2) Stocks and dividends The Center may not issue stock or declare or pay a dividend. (3) Political activities The Center shall be nonpolitical and may not provide financial aid or assistance to, or otherwise promote the candidacy of, an individual seeking elective public office. The Center may not engage in activities that are, directly, or indirectly, intended to be or likely to be perceived as advocating or influencing the legislative process. (4) Distribution of income or assets The assets of the Center may not inure to the benefit of a member of the Board, or an officer or employee of the Center or be distributed to any person. This subsection does not prevent the payment of reasonable compensation to an officer, employee, or other person or reimbursement for actual and necessary expenses in amounts approved by the Board. (5) loans The Center may not make a loan to a member of the Board or an officer or employee of the Center. (6) No claim of governmental approval or authority The Center may not claim approval of Congress or of the authority of the United States for any of its activities. (h) Advisory Committee (1) In general The Executive Director shall appoint members to an advisory committee subject to the approval by the Board. Members of the Board of the Center may not sit on the advisory committee. (2) Membership The advisory committee shall consist of 15 members who represent a balance of various aviation stakeholder groups. The advisory committee shall choose a Chairman and Vice Chairman of the advisory committee from among members of the advisory committee. Members of the advisory committee shall be appointed for a term of 5 years. (3) Duties The advisory committee shall— (A) provide recommendations to the Board on an annual basis regarding the priorities for the Center’s activities; (B) provide advice to the Board on an ongoing basis regarding the appropriate powers of the Board to accomplish the purposes and duties of the Center; (C) provide data and information to the Center to aid the Center in carrying out its duties; and (D) nominate United States citizens for consideration by the Board to be honored by the Center for their work in promoting aviation or aviation education in the United States. (4) Meetings The provisions for meetings of the Board under subsection (c)(1) shall apply to meetings of the advisory committee. (i) Working groups (1) In general The Board may establish and appoint the membership of working groups for a time and for a specific reason as necessary and appropriate. (2) Membership Any working group established by the Board shall have members representing a balance of various aviation stakeholder groups. Once established, the membership of such working group shall choose a Chairman from among the members of the working group. (3) Termination Any working group established by the Board under this subsection shall be constituted for a time period of not more than 3 years. (j) Records of accounts The Center shall keep correct and complete records of accounts. (k) Duty To maintain tax-Exempt status The Center shall be operated in a manner and for purposes that qualify the Center for exemption from taxation under the Internal Revenue Code as an organization described in section 501(c)(3) of that Code. (l) Annual report The Center shall submit an annual report to Congress on the activities of the Center during the prior year. (m) Funding In order to carry out this section, notwithstanding any other provision of law, an amount equal to 5 percent of the interest from investment credited to the Airport and Airway Trust Fund shall be transferred annually as a direct lump sum payment on the first day of October to the Center to carry out this section and shall be available until expended without further act of appropriation. . (b) Clerical amendment The analysis for chapter 1 of subtitle 1 of title 49, United States Code, is amended by inserting after the item relating to section 117 the following: 118. National Center for the Advancement of Aviation. . | https://www.govinfo.gov/content/pkg/BILLS-117s1752is/xml/BILLS-117s1752is.xml |
117-s-1753 | II 117th CONGRESS 1st Session S. 1753 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Hassan (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to extend and update the credit for nonbusiness energy property.
1. Short title This Act may be cited as the Home Energy Savings Act . 2. Updating credit for nonbusiness energy property (a) In general Section 25C of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)(1), by striking 10 percent and inserting 15 percent , (2) in subsection (b)— (A) in paragraph (1)— (i) by striking $500 and inserting $1,200 , and (ii) by striking December 31, 2005 and inserting December 31, 2021 , and (B) by striking paragraphs (2) and (3) and inserting the following: (2) Limitation on window attachment products In the case of amounts paid or incurred for products described in subsection (c)(2)(B) by any taxpayer for any taxable year, the credit allowed under this section with respect to such amounts for such year shall not exceed the excess (if any) of $600 over the aggregate credits allowed under this section with respect to such amounts for all prior taxable years ending after December 31, 2021. (3) Limitation on insulation material or system In the case of amounts paid or incurred for components described in subparagraph (A) or (D) of subsection (c)(3) by any taxpayer for any taxable year, the credit allowed under this section with respect to such amounts for such year shall not exceed the excess (if any) of $600 over the aggregate credits allowed under this section with respect to such amounts for all prior taxable years ending after December 31, 2021. (4) Limitation on windows (A) In general (i) Energy Star Most efficient In the case of amounts paid or incurred by any taxpayer for any taxable year for components described in subsection (c)(3)(B) which meet the most efficient certification under applicable Energy Star program requirements, the credit allowed under this section with respect to such amounts for such year shall not exceed the excess (if any) of $600 over the aggregate credits allowed under this section with respect to such amounts for all prior taxable years ending after December 31, 2021. (ii) Energy Star In the case of amounts paid or incurred by any taxpayer for any taxable year for components described in subsection (c)(3)(B) which do not meet the most efficient certification under applicable Energy Star program requirements, the credit allowed under this section with respect to such amounts for such year shall not exceed the excess (if any) of $200 over the aggregate credits allowed under this section with respect to such amounts for all prior taxable years ending after December 31, 2021. (B) Election (i) In general For purposes of any amounts paid or incurred by any taxpayer for components described in subsection (c)(3)(B), the credit allowed under this section shall only be allowed for components described in clause (i) of subparagraph (A) or clause (ii) of such subparagraph, but not both, as elected by the taxpayer during the first taxable year in which such credit is being claimed by the taxpayer. (ii) Irrevocability The Secretary shall, through such rules, regulations, and procedures as are determined appropriate, establish procedures for making an election under this subparagraph, which shall require that— (I) any election made by the taxpayer shall be irrevocable, and (II) such election shall remain in effect for all subsequent taxable years. (5) Limitation on doors In the case of amounts paid or incurred for components described in subsection (c)(3)(C) by any taxpayer for any taxable year, the credit allowed under this section with respect to such amounts for such year shall not exceed— (A) the excess (if any) of $500 over the aggregate credits allowed under this section with respect to such amounts for all prior taxable years ending after December 31, 2021, or (B) $250 for each exterior door. (6) Limitation on residential energy property expenditures The amount of the credit allowed under this section by reason of subsection (a)(2) shall not exceed— (A) in the case of any energy-efficient building property— (i) for any item of property described in clause (ii) of subparagraph (A) of subsection (d)(3), $800, (ii) for any item of property described in clause (i) or (iii) of such subparagraph, $600, and (iii) for any item of property described in clause (iv) of such subparagraph, $400, and (B) in the case of any qualified natural gas, propane, or oil furnace or hot water boiler (as defined in subsection (d)(4)), an amount equal to— (i) $600 for a hot water boiler, and (ii) in the case of a furnace, an amount equal to the sum of— (I) $300, plus (II) if the taxpayer is converting from a non-condensing furnace to a condensing furnace, $300. , (3) in subsection (c)— (A) in paragraph (2), by striking subparagraphs (A) through (C) and inserting the following: (A) in the case of an exterior window, a skylight, or an exterior door, applicable Energy Star program requirements, (B) in the case of any window attachment product, the applicable certification requirements for such product under the Attachments Energy Rating Council Certification Program, and (C) in the case of any other component, the prescriptive criteria for such component established by the International Energy Conservation Code, as such Code (including supplements) is in effect on January 1 of the calendar year in which such component is installed. , (B) in paragraph (3), by striking subparagraph (D) and inserting the following: (D) any air barrier material, system, or assembly which is specifically and primarily designed to minimize the passage of air through the building thermal envelope and its assemblies when installed in or on a dwelling unit. , and (C) by adding at the end the following new paragraph: (5) Labor costs The term qualified energy efficiency improvements includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of any energy efficient building envelope component. , (4) in subsection (d)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i), by adding or at the end, (II) in clause (ii), by striking , or and inserting a period, and (III) by striking clause (iii), and (ii) by striking subparagraphs (B) and (C) and inserting the following: (B) Efficiency standards Property described in subparagraph (A) shall meet or exceed the requirements of the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which are in effect on January 1 of the calendar year in which the property was acquired. , (B) by striking paragraph (3) and inserting the following: (3) Energy-efficient building property The term energy-efficient building property means property which— (A) is— (i) an electric heat pump water heater, (ii) an electric heat pump, (iii) a central air conditioner, or (iv) a natural gas, propane, or oil water heater, and (B) meets or exceeds the requirements of the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which are in effect on January 1 of the calendar year in which the property was acquired. , (C) in paragraph (4), by striking achieves an annual fuel utilization efficiency rate of not less than 95 and inserting meets or exceeds the requirements of the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which are in effect on January 1 of the calendar year in which the property was acquired , and (D) by striking paragraph (5), (5) in subsection (e), by adding the following new paragraphs at the end: (4) Installation standards The terms energy efficient building envelope component and qualified energy property shall not include any components or property which are not installed according to any applicable Air Conditioning Contractors of America Quality Installation standards which are in effect at the time that such components or property are placed in service. (5) Replacement of terminated standards In the case of any standard, requirement, or criteria applicable to any energy efficient building envelope component or qualified energy property which is terminated after the date of enactment of the Home Energy Savings Act , the Secretary, in consultation with the Secretary of Energy, shall identify a similar standard, requirement, or criteria for purposes of determining the eligibility of any such component or property for purposes of credit allowed under this section. , and (6) in subsection (g)(2), by striking December 31, 2021 and inserting December 31, 2028 . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1753is/xml/BILLS-117s1753is.xml |
117-s-1754 | II 117th CONGRESS 1st Session S. 1754 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Foreign Agents Registration Act of 1938 to repeal the exemption from registration under such Act for persons providing private and nonpolitical representation of trade and commercial interests, and the exemption from registration under such Act for persons filing disclosure reports under the Lobbying Disclosure Act of 1995, in connection with the representation of business organizations organized under the laws of or having their principal place of business in the People’s Republic of China, and for other purposes.
1. Short title This Act may be cited as the Chinese Communist Party Influence Transparency Act . 2. Repealing certain exemptions from registration under Foreign Agents Registration Act of 1938 by agents representing Chinese business organizations (a) In general The Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq.) is amended by inserting after section 3 the following: 3A. Special rules for agents representing Chinese business organizations (a) Repeal of exemption from registration for persons providing private and nonpolitical representation of bona fide trade or commercial interests Section 3(d)(1) shall not apply to an agent of a covered Chinese business organization. (b) Repeal of exemption from registration for persons filing disclosure reports under Lobbying Disclosure Act of 1995 (1) Repeal Section 3(h) shall not apply to an agent of a covered Chinese business organization. (2) Timing for filing of registration statements In the case of an agent of a covered Chinese business organization who has registered under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.), after the agent files the first registration required under section 2(a) in connection with the agent’s representation of the covered Chinese business organization, the agent shall file all subsequent statements, information, or documents required under section 2 at the same time, and in the same frequency, as the reports filed with the Clerk of the House of Representatives or the Secretary of the Senate (as the case may be) under section 5 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ) in connection with the agent’s representation of the covered Chinese business organization. (c) Covered Chinese business organization defined In this section, the term covered Chinese business organization means— (1) an entity described in section 1(b)(3) which is organized under the laws of, or has its principal place of business in, the People’s Republic of China (including any subsidiary or affiliate of such an entity), except that such term does not include a subsidiary or affiliate of an entity which is organized under the laws of, and has its principal place of business in, a country other than the People’s Republic of China; or (2) an entity designated by the Attorney General as subject to the extrajudicial direction of the Chinese Communist Party. . (b) Conforming amendments (1) Repeal of exemption Section 3 of such Act ( 22 U.S.C. 613 ) is amended— (A) in subsection (d)(1), by striking in private and inserting except as provided in section 3A(a), in private ; and (B) in subsection (h), by striking Any agent and inserting Except as provided in section 3A(b), any agent . (2) Timing of filing of registration statements Section 2(b) of such Act ( 22 U.S.C. 612(b) ) is amended in the first sentence by striking six months succeeding such filing and inserting six months succeeding such filing (except as provided in section 3A(b)(2)) . (c) Effective date The amendments made by this Act shall take effect 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1754is/xml/BILLS-117s1754is.xml |
117-s-1755 | II 117th CONGRESS 1st Session S. 1755 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Tillis introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Defense Production Act of 1950 to include the Secretary of Agriculture as a member of the Committee on Foreign Investment in the United States, and for other purposes.
1. Short title This Act may be cited as the Agricultural Security Risk Review Act . 2. Membership of the Committee on Foreign Investment in the United States Section 721(k)(2) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(k)(2) ) is amended— (1) by redesignating subparagraphs (H) through (J) as subparagraphs (I) through (K), respectively; and (2) by inserting after subparagraph (G) the following: (H) The Secretary of Agriculture. . | https://www.govinfo.gov/content/pkg/BILLS-117s1755is/xml/BILLS-117s1755is.xml |
117-s-1756 | II 117th CONGRESS 1st Session S. 1756 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Cornyn (for himself, Mr. Peters , Mr. Rubio , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To extend the commitment of the United States to the International Space Station, to develop advanced space suits, and to authorize a stepping stone approach to exploration, and for other purposes.
1. Short title This Act may be cited as the Advancing Human Spaceflight Act of 2021 . 2. Findings Congress makes the following findings: (1) The Apollo 11 landing on July 20, 1969, marked the first steps of a human being on the surface of another world, representing a giant leap for all humanity and a significant demonstration of the spaceflight capabilities of the United States. (2) Section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18312(a) ) establishes for the National Aeronautics and Space Administration the long-term goals of expanding human presence in space and establishing a thriving space economy in low-Earth orbit and beyond. (3) The 2017 National Security Strategy designates the human exploration of the solar system as a strategic priority for the United States. (4) Establishing and ensuring the sustainability of human space exploration of the solar system, as called for in the Space Policy Directive–1 entitled Reinvigorating America’s Human Space Exploration Program (82 Fed. Reg. 239 (December 11, 2017)) and the National Space Exploration Campaign Report of the National Aeronautics and Space Administration issued in September 2018, will require carrying out human exploration and related extravehicular activities on the surface of other celestial bodies in a safe and cost-effective manner. (5) The Johnson Space Center has decades of experience working with international partners, other Federal agencies, and partners in industry and academia to study, develop, and carry out the human spaceflight priorities of the United States. 3. Definitions In this Act: (1) Administration The term Administration means the National Aeronautics and Space Administration. (2) Administrator The term Administrator means the Administrator of the National Aeronautics and Space Administration. (3) Johnson Space Center The term Johnson Space Center means the Lyndon B. Johnson Space Center in Houston, Texas. (4) NASA The term NASA means the National Aeronautics and Space Administration. 4. Sense of Congress It is the sense of Congress that the United States should support efforts to establish a long-term human settlement in space. 5. Statement of policy on permanent establishment of human presence capability in low-Earth orbit It is the policy of the United States— (1) to continuously maintain the capability for a continuous human presence in low-Earth orbit through and beyond the useful life of the International Space Station; and (2) that such capability shall— (A) maintain the global leadership of the United States and relationships with partners and allies; (B) contribute to the general welfare of the United States; and (C) leverage commercial capabilities to promote affordability so as not to preclude a robust portfolio of other human space exploration activities. 6. International Space Station (a) Continuation of International Space Station Section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18351(a) ) is amended by striking 2024 and inserting 2030 . (b) Continued operations and maintenance of United States segment of International Space Station Section 503(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18353(a) ) is amended by striking 2024 and inserting 2030 . (c) Research capacity allocation and integration of research payloads Section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354(d) ) is amended— (1) in paragraph (1), in the first sentence, by striking 2024 and inserting 2030 ; and (2) in paragraph (2), in the third sentence, by striking 2024 and inserting 2030 . (d) Maintaining use through at least 2030 Section 70907 of title 51, United States Code, is amended— (1) in the section heading, by striking 2024 and inserting 2030 ; (2) in subsection (a), by striking 2024 and inserting 2030 ; and (3) in subsection (b)(3), by striking 2024 and inserting 2030 . (e) Transition strategy (1) In general Not later than 300 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a strategy that— (A) describes the manner in which the Administration will ensure a stepwise transition to an eventual successor platform consistent with the ISS Transition Principles specified in the International Space Station Transition Report issued pursuant to section 50111(c)(2) of title 51, United States Code, on March 30, 2018; (B) includes capability-driven milestones and timelines leading to such a transition; (C) takes into account the importance of maintaining workforce expertise, core capabilities, and continuity at the centers of the Administration, including such centers that are primarily focused on human spaceflight; (D) considers how any transition described in subparagraph (A) affects international and commercial partnerships; (E) presents opportunities for future engagement with— (i) international partners; (ii) countries with growing spaceflight capabilities, if such engagement is not precluded by other provisions of law; (iii) the scientific community, including the microgravity research community; (iv) the private sector; and (v) other United States Government users; and (F) promotes the continued economic development of low-Earth orbit. (2) Implementation plan The strategy required by paragraph (1) shall include an implementation plan describing the manner in which the Administration plans to carry out such strategy. (3) Report Not less frequently than biennially, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the implementation of the strategy required by paragraph (1). 7. Advanced space suits (a) Findings Congress makes the following findings: (1) Space suits and associated extravehicular activity technologies (in this section referred to as EVA technologies ) are critical space exploration technologies. (2) The civil service workforce of the Administration at the Johnson Space Center has unique capabilities to integrate, design, and validate space suits and associated EVA technologies. (3) Maintaining a strong core competency in the design, development, manufacture, and operation of space suits and related technologies allows the Administration to be an informed purchaser of competitively awarded commercial space suits and associated EVA technologies. (4) The Administration should fully use the International Space Station by 2025 to test future space suits and associated EVA technologies to reduce risk and improve safety. (b) Space suits (1) In general The Administrator shall establish a program to develop next-generation space suits and associated EVA technologies. (2) Support for program The Director of the Johnson Space Center shall support the program established under paragraph (1). (3) Accommodation of diverse astronaut corps The Administrator shall ensure that space suits developed and manufactured after the date of the enactment of this Act accommodate a wide range of sizes of astronauts so as to meet the needs of the diverse NASA astronaut corps. (4) Agreements with private entities In carrying out this subsection, the Administrator may— (A) enter into 1 or more agreements with 1 or more industry-proven space suit design, development, and manufacturing suppliers; and (B) leverage— (i) prior and existing investments in advanced space suit technologies; and (ii) existing capabilities at NASA centers. 8. Human space facilities in and beyond low-Earth orbit (a) Human space facility defined In this section, the term human space facility means a structure for use in or beyond low-Earth orbit that supports, or has the potential to support, human life. (b) Sense of Congress It is the sense of Congress that human space facilities play a significant role in the long-term pursuit by the Administration of the exploration goals under section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18312(a) ). (c) Report on crewed and uncrewed human space facilities (1) In general Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the potential development of 1 or more human space facilities. (2) Contents With respect to the potential development of each human space facility referred to in paragraph (1), the report required under such paragraph shall include a description of the following: (A) The capacity of the human space facility to advance, enable, or complement human exploration of the solar system, including human exploration of the atmosphere and the surface of celestial bodies. (B) The role of the human space facility as a staging, logistics, and operations hub in exploration architecture. (C) The capacity of the human space facility to support the research, development, testing, validation, operation, and launch of space exploration systems and technologies. (D) Opportunities and strategies for commercial operation or public-private partnerships with respect to the human space facility that protect taxpayer interests and foster competition. (E) The role of the human space facility in encouraging further crewed and uncrewed exploration investments. (F) The manner in which the development and maintenance of the International Space Station would reduce the cost of, and time necessary for, the development of the human space facility. (d) Cislunar space exploration activities The Administrator shall establish an outpost in orbit around the Moon that— (1) demonstrates technologies, systems, and operational concepts directly applicable to the space vehicle that will be used to transport humans to Mars; (2) has the capability for periodic human habitation; and (3) can function as a point of departure, return, or staging for Administration or nongovernmental or international partner missions to multiple locations on the lunar surface or other destinations. 9. Stepping stone approach to exploration (a) In general Section 70504 of title 51, United States Code, is amended to read as follows: 70504. Stepping stone approach to exploration (a) In general The Administrator, in sustainable steps, may conduct missions to intermediate destinations, such as the Moon, in accordance with section 20302(b), and on a timetable determined by the availability of funding, in order to achieve the objective of human exploration of Mars specified in section 202(b)(5) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18312(b)(5) ), if the Administrator— (1) determines that each such mission demonstrates or advances a technology or operational concept that will enable human missions to Mars; and (2) incorporates each such mission into the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 2 115–10; 51 U.S.C. 20302 note). . 10. Report on research and development relating to life-sustaining technical systems and plan for achieving power supply Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives— (1) a report on the research and development of the Administration relating to technical systems for the self-sufficient sustainment of life in and beyond low-Earth orbit; and (2) a plan for achieving a power supply on the Moon that includes— (A) a consideration of the resources necessary to accomplish such plan in the subsequent— (i) 1 to 3 years; (ii) 3 to 5 years; and (iii) 5 to 10 years; (B) collaboration and input from industry and the Department of Energy, specifically the Advanced Research Projects Agency–Energy; (C) the use of a variety of types of energy, including solar and nuclear; and (D) a detailed description of the resources necessary for the Administration to build a lunar power facility with human-tended maintenance requirements during the subsequent 10-year period. 11. Technical amendments relating to artemis missions (a) Section 421 of the National Aeronautics and Space Administration Authorization Act of 2017 (Public 5 Law 115–10; 51 U.S.C. 20301 note) is amended— (1) in subsection (c)(3)— (A) by striking EM–1 and inserting Artemis I ; (B) by striking EM–2 and inserting Artemis II ; and (C) by striking EM–3 and inserting Artemis III ; and (2) in subsection (f)(3), by striking EM–3 and inserting Artemis III . (b) Section 432(b) of the National Aeronautics and Space Administration Authorization Act of 2017 (Public 17 Law 115–10; 51 U.S.C. 20302 note) is amended— (1) in paragraph (3)(D)— (A) by striking EM–1 and inserting Artemis I ; and (B) by striking EM–2 and inserting Artemis II ; and (2) in paragraph (4)(C), by striking EM–3 and inserting Artemis III . 12. Missions of national need (a) Sense of Congress It is the Sense of Congress that— (1) while certain space missions, such as asteroid detection or space debris mitigation or removal missions, may not provide the highest-value science, as determined by the National Academies of Science, Engineering, and Medicine decadal surveys, such missions provide tremendous value to the United States and the world; and (2) the current organizational and funding structure of NASA has not prioritized the funding of missions of national need. (b) Study (1) In general The Director of the Office of Science and Technology Policy shall conduct a study on the manner in which NASA funds missions of national need. (2) Matters to be included The study conducted under paragraph (1) shall include the following: (A) An identification and assessment of the types of missions or technology development programs that constitute missions of national need. (B) An assessment of the manner in which such missions are currently funded and managed by NASA. (C) An analysis of the options for funding missions of national need, including— (i) structural changes required to allow NASA to fund such missions; and (ii) an assessment of the capacity of other Federal agencies to make funds available for such missions. (c) Report to Congress Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (b), including recommendations for funding missions of national need. | https://www.govinfo.gov/content/pkg/BILLS-117s1756is/xml/BILLS-117s1756is.xml |
117-s-1757 | II 117th CONGRESS 1st Session S. 1757 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Lee (for himself and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To have education funds follow the student.
1. Short title This Act may be cited as the Children Have Opportunities in Classrooms Everywhere Act . 2. Federal funding under the Elementary and Secondary Education Act of 1965 to follow the student Title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq.) is amended by adding at the end the following: H Funds to follow the student 8701. Funds to follow the student (a) Definitions In this section: (1) 529 education savings plan account The term 529 education savings plan account means a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986). (2) Eligible child The term eligible child means a child who is from a household, the taxable income of which for the most recently completed taxable year is not more than 130 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of the Census. (3) Home school The term home school means a home school as defined by the laws of the State in which the eligible child resides. (b) Funds To follow the student (1) In general Notwithstanding any other provision of law and to the extent permitted under State law, a State educational agency shall allocate grant funds provided under title I, subparts 2 and 3 of part B of title II, and titles III, IV, V, and VI, for the purposes of ensuring that funding under such titles follows children, to the public school the children attend or for the expenses described in section 529(c)(7) of the Internal Revenue Code of 1986. (2) Plan (A) In general Each State that carries out allocations described in paragraph (1) shall establish a plan that complies with the following: (i) The parent or guardian of each eligible child in the State who desires access to the funds described in paragraph (1) shall annually submit to the State educational agency by not later than April 30, a paper or electronic application form that includes the following: (I) The parent or guardian's taxable income based on the Federal tax return of the parent or guardian for the prior tax year. (II) The eligible child's date of birth, place of residence, school district, and school in which the eligible child will be enrolled for the subsequent school year. (III) If the eligible child will be enrolled in a private school or home school for the subsequent school year, confirmation that the eligible child has a 529 education savings plan account, including the necessary details of such account to enable the State to deposit funds available under this section into such account. (ii) Not later than May 14 of each year, the State educational agency shall submit to the Secretary the application forms for all applicants under clause (i). (iii) Not later than July 1 of each year and based on the information submitted under clause (i), the State educational agency shall— (I) if the eligible child will be enrolled in a private school or home school for the subsequent school year, deposit the amount equal to the concentration distribution and basic distribution applicable for the eligible child under subparagraphs (B) and (C) of subsection (c)(2), into the 529 education savings plan account of the eligible child; and (II) if the eligible child will be enrolled in a public school for the subsequent school year, distribute the amount equal to the concentration distribution and basic distribution applicable for the eligible child under subparagraphs (B) and (C) of subsection (c)(2), to such public school. (B) Data collection Information collected under this section by the State shall be used for the sole purposes of calculating the allocation of funds and distribution of funds under this section. (C) Data privacy protection Information collected under this section shall be subject to the privacy protections outlined in section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly referred to as the Family Educational Rights and Privacy Act of 1974 ). (c) Calculation of amounts To be distributed (1) In general From the amounts provided to carry out title I, subparts 2 and 3 of part B of title II, and titles III, IV, V, and VI, and based on the information submitted by State educational agencies under subsection (b)(2)(A)(ii), the Secretary shall— (A) determine the eligibility based on the information provided under subsection (b)(2)(A)(i) and verify that the child for whom the information is submitted is an eligible child; (B) determine the income bracket for such eligible child; and (C) make grants to State educational agencies in the amount determined under paragraph (2) by not later than 30 days after the date the Secretary receives the information under subsection (b)(2)(A)(ii). (2) Amount of grants (A) In general The grant amount provided to a State educational agency shall be equal to the total distribution amount determined under subparagraphs (B) and (C) for all eligible children in the State. (B) Concentration distribution An eligible child who is from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, shall receive a concentration distribution according to the following: (i) If the eligible child resides in an area served by a school district in which not less than 1 percent and not more than 9 percent of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $50. (ii) If the eligible child resides in an area served by a school district in which not less than 10 percent and not more than 19 percent of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $100. (iii) If the eligible child resides in an area served by a school district in which not less than 20 percent and not more than 29 percent of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $150. (iv) If the eligible child resides in an area served by a school district in which not less than 30 percent and not more than 39 percent of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $200. (v) If the eligible child resides in an area served by a school district in which not less than 40 percent and not more than 49 percent of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $250. (vi) If the eligible child resides in an area served by a school district in which 50 percent or more of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $300. (C) Basic distribution In addition to a concentration distribution under subparagraph (B), an eligible child shall receive a basic distribution based on the income bracket applicable for such eligible child and according to a formula established by the Secretary in which benefits are flat for everyone at or below 100 percent of the Federal poverty level and decrease at an even rate from 100 percent to 130 percent of the Federal poverty level. (d) Notification of availability of funds Not later than 100 days after the date of enactment of the Children Have Opportunities in Classrooms Everywhere Act , and annually for each of the 5 years thereafter, each State that carries out allocations described in subsection (b)(1) shall inform each parent or guardian of a child eligible for assistance under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.) or the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.) of the availability of assistance under this section. (e) Application of participation of children enrolled in private schools The provisions of section 1117 shall apply to this section. (f) Rule of construction (1) Federally funded school food programs Nothing in this section shall be construed to preclude a child eligible for assistance 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.) from receiving assistance under such program. (2) Prohibition of control over non-public education providers Nothing in this section shall permit, allow, encourage, or authorize Federal or State control over non-public education providers. . 3. 529 account funding for homeschool and additional elementary and secondary expenses (a) In general Section 529(c)(7) of the Internal Revenue Code of 1986 is amended to read as follows: (7) Treatment of elementary and secondary tuition and resources Any reference in this section to the term qualified higher education expense shall include a reference to the following expenses in connection with enrollment or attendance at, or for students enrolled at or attending, an elementary or secondary public, private, or religious school: (A) Tuition. (B) Curriculum and curricular materials. (C) Books or other instructional materials. (D) Online educational materials. (E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student. (F) Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. (G) Fees for dual enrollment in an institution of higher education. (H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies. Such term shall include expenses for the purposes described in subparagraphs (A) through (H) in connection with a homeschool (whether treated as a homeschool or a private school for purposes of applicable State law). . (b) Effective date The amendment made by this section shall apply to distributions made after the date of the enactment of this Act. 4. Increased additional tax on grants not used for educational purposes Section 529(c)(6) of the Internal Revenue Code of 1986 is amended— (1) by striking The tax and inserting the following: (A) In general Except as provided in subparagraph (B), the tax , and (2) by adding at the end the following new subparagraph: (B) Increased tax on amounts attributable to certain grants (i) In general In the case of any distribution from a qualified contribution program that includes amounts attributable to a qualified grant— (I) section 530(d)(4) shall be applied separately to amounts attributable to qualified grants and to other amounts, and (II) in applying such section to amounts attributable to qualified grants, such section shall be applied by substituting 100 percent for 10 percent . (ii) Attribution rules For purposes of this subparagraph— (I) any earnings on contributions from a qualified grant shall not be treated as attributed to a qualified grant, and (II) distributions from a qualified tuition program described in clause (i) shall be treated as distributed first from amounts other than amounts attributable to a qualified grant and then from amounts attributable to a qualified grant. (iii) Qualified grant For purposes of this subparagraph, the term qualified grant means any grant under section 8701 of the Elementary and Secondary Education Act of 1965. . | https://www.govinfo.gov/content/pkg/BILLS-117s1757is/xml/BILLS-117s1757is.xml |
117-s-1758 | II 117th CONGRESS 1st Session S. 1758 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Hickenlooper introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Investment Act of 1958 to increase the maximum loan amount for certain loans.
1. Short title This Act may be cited as the 504 Green Energy Enhancement Act . 2. Increase in certain maximum loan amounts (a) In general Section 502(2)(A) of the Small Business Investment Act of 1958 ( 15 U.S.C. 696(2)(A) ) is amended— (1) in clause (iv), by striking $5,500,000 and inserting $20,000,000 ; and (2) in clause (v), by striking $5,500,000 and inserting $20,000,000 . (b) Report 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 Congress a report that details, for the year covered by the report, the industries and geographic areas with respect to which the Administrator has made loans under clauses (iv) and (v) of section 502(2)(A) of the Small Business Investment Act of 1958 ( 15 U.S.C. 696(2)(A) ), as amended by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1758is/xml/BILLS-117s1758is.xml |
117-s-1759 | II 117th CONGRESS 1st Session S. 1759 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Hickenlooper (for himself and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To establish a MicroCap small business investment company designation, and for other purposes.
1. Short title This Act may be cited as the MicroCap Small Business Investing Act of 2021 . 2. MicroCap small business investment company designation (a) In general Title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq.) is amended— (1) in section 301(c) ( 15 U.S.C. 681(c) ), by adding at the end the following: (5) MicroCap small business investment company license (A) In general Notwithstanding any other provision of law, the Administrator may approve an application and issue not more than 10 licenses annually under this subsection with respect to any applicant— (i) that would otherwise be issued a license under this subsection, except that the management of the applicant does not satisfy the qualification requirements under paragraph (3)(A)(ii) to the extent that such requirements relate to investment experience and track record, including any such requirements further set forth in section 107.305 of title 13, Code of Federal Regulations, or any successor regulation; (ii) for which the fund managers have— (I) a documented record of successful business experience; (II) a record of business management success; or (III) knowledge in the particular industry or business in which the investment strategy is being pursued; and (iii) that, in addition to any other requirement applicable to the applicant under this title or the rules issued to carry out this title (including section 121.301(c)(2) of title 13, Code of Federal Regulations, or any successor regulation), will make not less than 25 percent of its investments in— (I) low-income communities, as that term is defined in section 45D(e) of the Internal Revenue Code of 1986; (II) a community that has been designated as a qualified opportunity zone under section 1400Z–1 of the Internal Revenue Code of 1986; (III) businesses primarily engaged in research and development; (IV) manufacturers; (V) businesses primarily owned or controlled by individuals in underserved communities before receiving capital from the applicant; and (VI) rural areas, as that term is defined by the Bureau of the Census. (B) Priority; streamlined process With respect to an application for a license pursuant to this paragraph, the Administrator shall— (i) give priority to an applicant for such a license that is located in an underlicensed State; and (ii) establish a streamlined process for applicants submitting such an application. (C) Timing for issuance of license Notwithstanding paragraph (2), with respect to an application for a license submitted to the Administrator pursuant to this paragraph, the Administrator shall— (i) not later than 60 days after the date on which the application is submitted to the Administrator, process and provide complete feedback with respect to any pre-license application requirements applicable to the applicant; (ii) not restrict the submission of any application materials; and (iii) not later than 90 days after the date on which the application is submitted to the Administrator— (I) approve the application and issue a license for such operation to the applicant, if the requirements for the license are satisfied; or (II) based upon facts in the record— (aa) disapprove the application; and (bb) provide the applicant with— (AA) a clear, written explanation of the reason for the disapproval; and (BB) a chance to remedy any issues with the application and immediately reapply, with technical assistance provided as needed and a new determination made by the Administrator not later than 30 days after the date on which the applicant re-submits the application. (D) Leverage A company licensed pursuant to this paragraph shall— (i) not be eligible to receive leverage in an amount that is more than $25,000,000; and (ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. (E) Investment committee (i) In general Each company licensed pursuant to this paragraph shall have not fewer than 2 independent members on the investment committee of the company in a manner that complies with the following requirements: (I) The independent members of the investment committee are or have been licensed managers of small business investment companies within the preceding 10-year period. (II) No small business investment company described in subclause (I) may adversely affected by the relationship of the independent members of the investment committee with the company licensed pursuant to this paragraph. (III) The independent members of the investment committee are required to approve each investment made by the company. (IV) The independent members of the investment committee shall not be paid a management fee, but may receive paid expenses and a portion of any carried interest. (ii) Leverage limits Any leverage associated with a company licensed pursuant to this paragraph shall not be counted toward the leverage limits of the independent members of the investment committee of the company under this title. ; and (2) in section 303(d) ( 15 U.S.C. 683(d) ), by inserting (or, with respect to a company licensed under section 301(c)(5), 50 percent) after 25 percent . (b) SBA requirements (1) Definitions In this subsection— (A) the term Administrator means the Administrator of the Small Business Administration; and (B) the term covered company means an entity that is licensed to operate as a small business investment company pursuant to paragraph (5) of section 301(c) of the Small Business Investment Act of 1958 ( 15 U.S.C. 681(c) ), as added by subsection (a). (2) Rules Not later than 90 days after the date of enactment of this Act, the Administrator shall issue rules to carry out this section and the amendments made by this section. (3) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report— (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies. | https://www.govinfo.gov/content/pkg/BILLS-117s1759is/xml/BILLS-117s1759is.xml |
117-s-1760 | II 117th CONGRESS 1st Session S. 1760 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Hirono introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To designate the community-based outpatient clinic of the Department of Veterans Affairs planned to be built in Oahu, Hawaii, as the Daniel Kahikina Akaka Department of Veterans Affairs Community-Based Outpatient Clinic .
1. Designation of Daniel Kahikina Akaka Department of Veterans Affairs Community-Based Outpatient Clinic (a) Designation The community-based outpatient clinic of the Department of Veterans Affairs planned to be built in Oahu, Hawaii, shall after the date of the enactment of this Act be known and designated as the Daniel Kahikina Akaka Department of Veterans Affairs Community-Based Outpatient Clinic or the Daniel Kahikina Akaka VA Clinic . (b) Reference Any reference in any law, regulation, map, document, paper, or other record of the United States to the community-based outpatient clinic referred to in subsection (a) shall be considered to be a reference to the Daniel Kahikina Akaka Department of Veterans Affairs Community-Based Outpatient Clinic. | https://www.govinfo.gov/content/pkg/BILLS-117s1760is/xml/BILLS-117s1760is.xml |
117-s-1761 | II 117th CONGRESS 1st Session S. 1761 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Barrasso (for himself, Mr. Daines , Mr. Cramer , Mrs. Capito , Mr. Toomey , Ms. Lummis , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to make changes with respect to water quality certification, and for other purposes.
1. Short title This Act may be cited as the Water Quality Certification Improvement Act of 2021 . 2. Certification Section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the first sentence— (I) by inserting by the applicant after any discharge ; and (II) by inserting as a result of the federally licensed or permitted activity after into the navigable waters ; (ii) in the second sentence, by striking activity and inserting discharge ; (iii) in the third sentence, by striking applications each place it appears and inserting requests ; (iv) in the fifth sentence, by striking act on and inserting grant or deny ; and (v) by inserting after the fourth sentence the following: The certifying State, interstate agency, or Administrator shall publish the requirements for certification that meet the applicable provisions of sections 301, 302, 303, 306, and 307. The decision to grant or deny a request shall be based only on the applicable provisions of sections 301, 302, 303, 306, and 307 and the grounds for a decision shall be set forth in writing to the applicant. ; (B) in paragraph (2)— (i) in the second sentence— (I) by striking such a discharge and inserting a discharge made into the navigable waters by the applicant as described in paragraph (1) ; (II) by inserting receipt of the before notice ; and (III) by striking of application for such Federal license or permit and inserting under the preceding sentence ; (ii) in the third sentence— (I) by striking such discharge and inserting any discharge made into the navigable waters by the applicant as described in paragraph (1) ; and (II) by striking any water quality requirement and inserting the applicable provisions of sections 301, 302, 303, 306, and 307 ; (iii) in the fifth sentence, by striking insure compliance with applicable water quality requirements. and inserting ensure any discharge into the navigable waters by the applicant as described in paragraph (1) will comply with the applicable provisions of sections 301, 302, 303, 306, and 307. ; and (iv) by striking the first sentence and inserting Not later than 90 days after receipt of a request for certification, the certifying State, interstate agency, or Administrator shall identify in writing all specific additional materials or information that are necessary to make a final decision on a request for certification. On receipt of a request for certification, the certifying State or interstate agency, as applicable, shall immediately notify the Administrator of the request. ; (C) in paragraph (3)— (i) in the first sentence, by striking there will be compliance and inserting a discharge made into the navigable waters by the applicant as described in paragraph (1) will comply ; and (ii) in the second sentence— (I) by striking section and inserting the applicable provisions of sections ; and (II) by striking or 307 of this Act and inserting and 307 ; (D) in paragraph (4)— (i) in the first sentence, by striking applicable effluent limitations and all that follows through the period at the end and inserting any discharge made by the applicant into the navigable waters as described in paragraph (1) will not violate the applicable provisions of sections 301, 302, 303, 306, and 307. ; (ii) in the second sentence, by striking will violate applicable effluent limitations or other limitations or other water quality requirements such Federal and inserting will result in a discharge made into the navigable waters by the applicant as described in paragraph (1) that violates the applicable provisions of sections 301, 302, 303, 306, and 307, the Federal ; and (iii) in the third sentence— (I) by striking such facility or activity and inserting a discharge made by the applicant into the navigable waters as described in paragraph (1) ; and (II) by striking section 301, 302, 303, 306, or 307 of this Act and inserting sections 301, 302, 303, 306, and 307 ; and (E) in paragraph (5)— (i) by striking such facility or activity has been operated in and inserting any discharge made by the applicant into the navigable waters as described in paragraph (1) is in ; and (ii) by striking section 301, 302, 303, 306, or 307 of this Act and inserting sections 301, 302, 303, 306, and 307 ; (2) in subsection (d), by striking assure that any applicant for a Federal license or permit will comply with any applicable and inserting the following: “ensure that any discharge made by the applicant into the navigable waters as described in subsection (a)(1) shall comply with the applicable provisions of sections 301, 302, 303, 306, and 307. Any limitations or requirements in the preceding sentence shall become a condition on any Federal license or permit subject to the provisions of this section. (e) Definition of applicable provisions of sections 301, 302, 303, 306, and 307 In this section, the term applicable provisions of sections 301, 302, 303, 306, and 307 means, as applicable, ; and (3) in subsection (e) (as so redesignated)— (A) by striking with ; (B) by striking other appropriate ; and (C) by striking set forth and all that follows through the period at the end and inserting implementing water quality criteria under section 303 necessary to support the specified designated use or uses of the receiving navigable water. . | https://www.govinfo.gov/content/pkg/BILLS-117s1761is/xml/BILLS-117s1761is.xml |
117-s-1762 | II 117th CONGRESS 1st Session S. 1762 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Smith (for herself, Mrs. Murray , 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 amend the Employee Retirement Income Security Act of 1974 to permit retirement plans to consider certain factors in investment decisions.
1. Short title This Act may be cited as the Financial Factors in Selecting Retirement Plan Investments Act . 2. ERISA amendments (a) In general Subsection (a) of section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 ) is amended by adding at the end the following new paragraph: (3) (A) Provided that a fiduciary discharges the fiduciary's duties with respect to a plan in a manner otherwise consistent with this subsection, a fiduciary may— (i) consider environmental, social, governance, or similar factors, in connection with carrying out an investment decision, strategy, or objective, or other fiduciary act; and (ii) consider collateral environmental, social, governance, or similar factors as tie-breakers when competing investments can reasonably be expected to serve the plan’s economic interests equally well with respect to expected return and risk over the appropriate time horizon. (B) In a case described in clause (i) or (ii) of subparagraph (A), a fiduciary shall not be required to maintain any greater documentation, substantiation, or other justification of the fiduciary’s actions relating to such fiduciary act than is otherwise required under this part. (C) Nothing in this part shall preclude an investment selected in accordance with clause (i) or (ii) of subparagraph (A) from being treated as a default investment or a component of such a default investment (as described in regulations issued by the Secretary under subsection (c)(5)(A)), if such investment would otherwise qualify for such treatment under such regulations. . (b) Effect on regulations The rule entitled Financial Factors in Selecting Plan Investments , published by the Employee Benefits Security Administration of the Department of Labor on November 13, 2020 (85 Fed. Reg. 72846), shall cease to have force or effect on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1762is/xml/BILLS-117s1762is.xml |
117-s-1763 | II 117th CONGRESS 1st Session S. 1763 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Kelly (for himself and Mr. Burr ) 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 establish a high risk rural roads safety program, and for other purposes.
1. Short title This Act may be cited as the High Risk Rural Roads Safety Act of 2021 . 2. High risk rural roads safety grant program Section 148 of title 23, United States Code, is amended by adding at the end the following: (l) High risk rural roads program set-aside (1) Definition of Indian Tribe (A) In general In this subsection, the term Indian Tribe has the meaning given the term in section 207(m)(1). (B) Inclusions In this subsection, the term Indian Tribe includes a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )). (2) Reservation of funds (A) In general Of the funds apportioned to a State under section 104(b)(3) for each fiscal year, the Secretary shall reserve an amount such that the Secretary reserves a total under this subsection of $750,000,000, of which— (i) $150,000,000 shall be for grants to Indian Tribes under paragraph (3); and (ii) $600,000,000 shall be apportioned to States in accordance with paragraph (4). (B) Not transferable Amounts reserved under this paragraph shall not be transferable. (3) Tribal grant program (A) In general The Secretary, in consultation with the Secretary of the Interior, shall establish a program to provide grants to Indian Tribes to improve safety on high risk rural roads. (B) Applications To be eligible to receive a grant under the program, an Indian Tribe shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (C) Use of funds An Indian Tribe may use funds from a grant under this paragraph only for a highway safety improvement project on a high risk rural road. (D) State strategic highway safety plan A project carried out under this paragraph shall not be required to be included in a State strategic highway safety plan. (E) Federal share The Federal share of the cost of a project carried out with a grant under the program may be up to 100 percent. (4) State apportionment (A) In general The Secretary shall apportion amounts under paragraph (2)(A)(ii) to States based on the proportion that— (i) the amount apportioned to the State under section 104(b)(3) for the fiscal year; bears to (ii) the amount apportioned to all States under section 104(b)(3) for the fiscal year. (B) Allocation within a State Funds apportioned to a State under this paragraph shall be obligated in areas of the State in which the population is not more than 50,000, based on the proportion that— (i) the population of the applicable area of the State; bears to (ii) the total population of all areas of the State with a population of not more than 50,000. (C) Reservation For each fiscal year, a State may reserve not more than 2 percent of the funds apportioned to a State under this paragraph to provide technical assistance to assist areas of the State described in subparagraph (B) in carrying out an eligible project under subparagraph (D). (D) Eligible projects (i) In general A State may use amounts apportioned under this paragraph only for a highway safety improvement project on a high risk rural road. (ii) Selection To the maximum extent practicable, in selecting projects to carry out under this paragraph, a State shall consult with the unit of local government representing the area in which the project will be carried out. (E) Federal share The Federal share of the cost of a project carried out under this paragraph shall be 100 percent. . | https://www.govinfo.gov/content/pkg/BILLS-117s1763is/xml/BILLS-117s1763is.xml |
117-s-1764 | II 117th CONGRESS 1st Session S. 1764 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Cramer (for himself, Mr. Tillis , Mr. Grassley , Mr. Daines , Mr. Braun , Mr. Marshall , Mr. Scott of Florida , Mrs. Hyde-Smith , Mrs. Capito , Mr. Cornyn , Ms. Ernst , Mr. Hoeven , Mr. Cassidy , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To expand the Protecting Europe's Energy Security Act of 2019 and require the reinstatement of sanctions waived with respect to Nord Stream 2 AG and corporate officers of Nord Stream 2 AG.
1. Short title This Act may be cited as the Protecting Our Well-being by Expanding Russian Sanctions Act or the POWERS Act . 2. Expansion of Protecting Europe's Energy Security Act of 2019 Section 7503(a)(1)(B) of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92 ; 22 U.S.C. 9526 note) is amended— (1) in clause (iv), by striking ; or and inserting a semicolon; (2) in clause (v), by striking ; and and inserting ; or ; and (3) by adding at the end the following: (vi) engaged in any transaction with any foreign person described in any of clauses (i) through (v); and . 3. Reinstatement of waived sanctions Any sanctions under section 7503 of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92 ; 22 U.S.C. 9526 note) or any other provision of law waived with respect to Nord Stream 2 AG or any corporate officer of Nord Stream 2 AG before the date of the enactment of this Act— (1) shall be reinstated; and (2) notwithstanding subsection (f) of that section, may not be waived except pursuant to an Act of Congress. | https://www.govinfo.gov/content/pkg/BILLS-117s1764is/xml/BILLS-117s1764is.xml |
117-s-1765 | II 117th CONGRESS 1st Session S. 1765 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Inhofe 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 provide greater flexibility for multimodal freight improvements, and for other purposes.
1. Short title This Act may be cited as the Future of Freight Mobility Act of 2021 . 2. Findings Congress finds that— (1) the national movement of freight is critical to the economic growth of the United States, transporting $1,240,000,000,000 in goods each year, accounting for nearly 6 percent of annual gross domestic product in the United States; (2) multimodal movement of freight, via road, air, rail and water, is critical to the national competitiveness of the United States, supporting every sector of the United States economy by employing a cohesive network to both distribute goods around the country and deliver exports of the United States to the rest of the world; (3) the United States inland waterways system moves more than 500,000,000,000 tons of waterborne cargo every year, valued at over $130,000,000,000, and sustains over 65,000 jobs; (4) the McClellan-Kerr Arkansas River Navigation System (referred to in this Act as the MKARNS ) moves more than $4,000,000,000 in critical commodities every year and supports more than 56,000 jobs, driving economic growth and efficiency for a 12-State region consisting of Oklahoma, Arkansas, Kansas, Texas, Colorado, Montana, Nebraska, Minnesota, South Dakota, North Dakota, Missouri, and Idaho; (5) Congress authorized the Corps of Engineers to deepen the MKARNS from 9 feet to 12 feet in 2003, and approximately 90 percent of the MKARNS is already 12 feet deep; and (6) in 2015, the Maritime Administration— (A) designated the MKARNS as Marine Highway Corridor M–40; and (B) changed the status of the MKARNS from a moderate to high-use waterway after waterborne commerce increased. 3. Federal-aid highway program (a) Nationally significant freight and highway projects Section 117(d)(1)(A) of title 23, United States Code, is amended— (1) in clause (iii)(II), by striking or at the end; (2) in clause (iv), by striking and at the end and inserting or ; and (3) by adding at the end the following: (v) a project on Marine Highway Corridor M–40 in Arkansas and Oklahoma on the Arkansas, Verdigris, and White Rivers, if the Secretary determines that the project— (I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions; and . (b) Congestion mitigation and air quality improvement program Section 149(b) of title 23, United States Code, is amended— (1) in paragraph (8)(B), by striking or at the end; (2) in paragraph (9), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (10) if the project is a project on Marine Highway Corridor M–40 in Arkansas and Oklahoma on the Arkansas, Verdigris, and White Rivers that— (A) is functionally connected to the Federal-aid highway system; and (B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard. . (c) National highway freight program Section 167(i)(5)(B) of title 23, United States Code, is amended— (1) in clause (i), by striking and at the end; (2) in clause (ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (iii) on Marine Highway Corridor M–40 in Arkansas and Oklahoma on the Arkansas, Verdigris, and White Rivers, if the Secretary determines that the project— (I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions. . | https://www.govinfo.gov/content/pkg/BILLS-117s1765is/xml/BILLS-117s1765is.xml |
117-s-1766 | II 117th CONGRESS 1st Session S. 1766 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Inhofe (for himself, Mr. Boozman , and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Intermodal Surface Transportation Efficiency Act of 1991 to designate United States Route 412 as a future part of the Interstate System, and for other purposes.
1. Short title This Act may be cited as the Future Interstate in Oklahoma and Arkansas Act . 2. Future interstate designation (a) Designation as high priority corridor Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032; 133 Stat. 3018) is amended by adding at the end the following: (92) The route that generally follows United States Route 412 from its intersection with Interstate 35 in Noble County, Oklahoma, passing through Tulsa, Oklahoma, to its intersection with Interstate 49 in Springdale, Arkansas. . (b) Designation as future interstate Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 109 Stat. 597; 133 Stat. 3018) is amended in the first sentence by striking and subsection (c)(91) and inserting subsection (c)(91), and subsection (c)(92) . (c) Vehicle weight limitations Section 127 of title 23, United States Code, is amended by adding at the end the following: (v) Operation of vehicles on certain Oklahoma highways If any segment of highway referred to in paragraph (92) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032; 133 Stat. 3018) is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s1766is/xml/BILLS-117s1766is.xml |
117-s-1767 | II 117th CONGRESS 1st Session S. 1767 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Smith (for herself and Mr. Sasse ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Credit Union Act to modernize certain processes regarding expulsion of credit union members for cause, and for other purposes.
1. Short title This Act may be cited as the Credit Union Employee and Member Safety Act of 2021 . 2. Expulsion of Federal credit union members for cause Section 118(a) of the Federal Credit Union Act ( 12 U.S.C. 1764(a) ) is amended to read as follows: (a) Expulsion for cause (1) In general Except as provided in subsection (b) of this section, a member may be expelled for cause pursuant to a policy adopted by a majority vote of a quorum of the directors of the Federal credit union and provided in written or electronic form to all members of the Federal credit union. (2) Procedures (A) Notification of pending expulsion If a member will, subject to the policy adopted under paragraph (1), be subject to expulsion, the member shall be notified in advance of the expulsion, along with the reason for such expulsion. Such notice shall be provided in written form or, if the member has elected to receive electronic communications from the Federal credit union, may be provided electronically. (B) Right to a hearing (i) In general A member shall have 15 days from the date of receipt of a notification under subparagraph (A) to request a hearing from the board of directors of the Federal credit union. (ii) Expulsion if no hearing If a member does not request a hearing during the 15-day period described under clause (i), the member shall be expelled after the end of the 15-day period. (C) Hearing; vote on expulsion If a member requests a hearing during the 15-day period described under subparagraph (B)(i)— (i) the board of directors of the Federal credit union shall provide the member with a hearing; and (ii) after such hearing, the board of directors of the Federal credit union shall hold a vote on expelling the member in a timely manner. (D) Notice of expulsion If a member is expelled under subparagraph (B)(ii) or (C)(ii), the member shall be provided with written or electronic notice of the expulsion. (3) Reinstatement (A) In general A member expelled under this subsection— (i) shall be given an opportunity to request reinstatement of membership; and (ii) may be reinstated by a two-thirds vote of the members of the Federal credit union present at a meeting. (B) Rule of construction Nothing in this paragraph may be construed to require that an expelled member be allowed to attend the meeting described in subparagraph (A)(ii) in person. (4) Cause defined In this subsection, the term cause includes— (A) a material loss to the Federal credit union; (B) a violation of the membership agreement of the Federal credit union; (C) a substantial disruption to the operations of a Federal credit union; and (D) fraud, attempted fraud, other illegal behavior, or dangerous or abusive behavior, as defined by the policy described in paragraph (1), such as physical or verbal abuse of Federal credit union members or staff. . | https://www.govinfo.gov/content/pkg/BILLS-117s1767is/xml/BILLS-117s1767is.xml |
117-s-1768 | II 117th CONGRESS 1st Session S. 1768 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Van Hollen (for himself, Mrs. Shaheen , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To make grants to support online training of residential contractors and rebates for the energy efficiency upgrades of homes and multifamily buildings, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the HOPE for HOMES 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—HOPE Training Sec. 101. Notice for HOPE Qualification training and grants. Sec. 102. Course criteria. Sec. 103. HOPE Qualification. Sec. 104. Grants. Sec. 105. Authorization of appropriations. Title II—Home Energy Savings Retrofit Rebate Program Sec. 201. Establishment of Home Energy Savings Retrofit Rebate Program. Sec. 202. Partial system rebates. Sec. 203. State administered rebates for home energy efficiency retrofits. Sec. 204. State administered rebates for reductions in home energy use not measured by meters. Sec. 205. State administered rebates for multifamily building energy efficiency retrofits. Sec. 206. Special provisions for moderate income households and multifamily buildings. Sec. 207. Coordination of rebate and existing State-Sponsored or utility-Sponsored programs. Sec. 208. Consumer access to electric energy and natural gas information. Sec. 209. Evaluation reports to Congress. Sec. 210. Administration. Sec. 211. Treatment of rebates. Sec. 212. Authorization of appropriations. Title III—General provisions Sec. 301. Appointment of personnel. Sec. 302. Maintenance of funding. 2. Definitions In this Act: (1) Aggregator The term aggregator means a gas utility, electric utility, or commercial, nonprofit, or government entity that may receive rebates provided under a State program under this Act for one or more portfolios, consisting of one or more energy efficiency retrofits. (2) Contractor certification The term contractor certification means an industry recognized certification that may be obtained by a residential contractor to advance the expertise and education of the contractor in energy efficiency retrofits of residential buildings, including— (A) a certification provided by— (i) the Building Performance Institute; (ii) the Air Conditioning Contractors of America; (iii) the National Comfort Institute; (iv) the North American Technician Excellence; (v) RESNET; (vi) the United States Green Building Council; or (vii) Home Innovation Research Labs; and (B) any other certification the Secretary determines appropriate for purposes of the Home Energy Savings Retrofit Rebate Program. (3) Contractor company The term contractor company means a company— (A) the business of which is to provide services to residential building owners with respect to HVAC systems, insulation, air sealing, or other services that are approved by the Secretary; (B) that holds the licenses and insurance required by the State in which the company provides services; and (C) that provides services for which a rebate may be provided pursuant to the Home Energy Savings Retrofit Rebate Program. (4) Electric consumer The term electric consumer has the meaning given such term in section 3 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2602 ). (5) Electric utility The term electric utility has the meaning given such term in section 3 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2602 ). (6) Energy audit The term energy audit means an inspection, survey, and analysis of the energy use of a building, including the building envelope and HVAC system. (7) Gas consumer The term gas consumer has the meaning given such term in section 302 of the Public Utility Regulatory Policies Act of 1978 ( 15 U.S.C. 3202 ). (8) Gas utility The term gas utility has the meaning given such term in section 302 of the Public Utility Regulatory Policies Act of 1978 ( 15 U.S.C. 3202 ). (9) Home The term home means a building with no more than 4 dwelling units, or a manufactured housing unit, including units built before June 15, 1976, that— (A) is located in the United States; (B) was constructed before the date of enactment of this Act; and (C) is occupied at least 6 months out of the year. (10) Home Energy Savings Retrofit Rebate Program The term Home Energy Savings Retrofit Rebate Program means the Home Energy Savings Retrofit Rebate Program established under section 201. (11) Homeowner The term homeowner means the owner of an owner-occupied home or a tenant-occupied home. (12) Home valuation certification The term home valuation certification means one of the following home assessments: (A) Home Energy Score. (B) PEARL Certification. (C) National Green Building Standard. (D) LEED. (E) Any other assessment the Secretary determines to be appropriate. (13) HOPE Qualification The term HOPE Qualification means the qualification described in section 103. (14) HOPE training credit The term HOPE training credit means a HOPE training task credit or a HOPE training supplemental credit. (15) HOPE training task credit The term HOPE training task credit means a credit described in section 102(a). (16) HOPE training supplemental credit The term HOPE training supplemental credit means a credit described in section 102(b). (17) HVAC system The term HVAC system means a system— (A) consisting of a heating component, a ventilation component, and an air-conditioning component; and (B) which components may include central air conditioning, a heat pump, a furnace, a boiler, a rooftop unit, and a window unit. (18) Measured performance home rebate The term measured performance home rebate means a rebate provided in accordance with section 203 and described in subsection (e) of that section. (19) Measured performance multifamily building rebate The term measured performance multifamily building rebate means a rebate provided in accordance with section 205 and described in subsection (e) of that section. (20) Meter The term meter means a device that measures and records energy usage data at any interval. (21) Modeled performance home rebate The term modeled performance rebate means a rebate provided in accordance with section 203 and described in subsection (d) of that section. (22) Modeled performance multifamily building rebate The term modeled performance multifamily building rebate means a rebate provided in accordance with section 205 and described in subsection (d) of that section. (23) Moderate income The term moderate income means, with respect to a household, a household with an annual income that is less than 80 percent of the area median income, as determined annually by the Department of Housing and Urban Development. (24) Multifamily building The term multifamily building means a building with 5 or more dwelling units. (25) Partial system rebate The term partial system rebate means a rebate provided in accordance with section 202. (26) Retail electric energy information The term retail electric energy information means— (A) the electric energy usage of an electric consumer over a time interval, as measured and recorded by the applicable meter; (B) the retail electric energy prices or rates applied to the electric energy usage for the time interval described in subparagraph (A) for the electric consumer; (C) the cost of service provided to an electric consumer, as displayed on billing information provided to such electric consumer; and (D) in the case of nonresidential electric meters, any other electrical information that the meter is programmed to record that is used for billing purposes (such as demand measured in kilowatts, voltage, frequency, current, and power factor). (27) Retail natural gas information The term retail natural gas information means— (A) the natural gas usage of a gas consumer, as measured and recorded by the applicable gas utility; (B) the retail natural gas prices or rates applied to the natural gas usage described in subparagraph (A) for the gas consumer; (C) the cost of service provided to a gas consumer, as displayed on billing information provided to such gas consumer; and (D) in the case of nonresidential natural gas meters, any other information that the meter is programmed to record that is used for billing purposes. (28) Secretary The term Secretary means the Secretary of Energy. (29) State The term State includes— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the United States Virgin Islands; and (H) any other territory or possession of the United States. (30) State energy office The term State energy office means the office or agency of a State responsible for developing the State energy conservation plan for the State under section 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 ). (31) Underserved community The term underserved community means— (A) a community located in a ZIP Code that includes one or more census tracts that are identified as— (i) a low-income community; or (ii) a community of racial or ethnic minority concentration; or (B) any other community that the Secretary determines is disproportionately vulnerable to, or bears a disproportionate burden of, any combination of economic, social, and environmental stressors. I HOPE Training 101. Notice for HOPE Qualification training and grants Not later than 30 days after the date of enactment of this Act, the Secretary, acting through the Director of the Building Technologies Office of the Department of Energy, shall issue a notice that includes— (1) criteria established under section 102 for approval by the Secretary of courses for which credits may be issued for purposes of a HOPE Qualification; (2) a list of courses that meet such criteria and are so approved; and (3) information on how individuals and entities may apply for grants under this title. 102. Course criteria (a) HOPE training task credit (1) Criteria The Secretary shall establish criteria for approval of a course for which a credit, to be known as a HOPE training task credit, may be issued, including that such course— (A) is equivalent to at least 30 hours in total course time; (B) is provided by a provider accredited by the Interstate Renewable Energy Council or has other accreditation determined to be equivalent by the Secretary; (C) is, with respect to a particular job, aligned with the relevant National Renewable Energy Laboratory Job Task Analysis, or other credentialing program foundation that helps identify the necessary core knowledge areas, critical work functions, or skills, as approved by the Secretary; (D) has established learning objectives; and (E) includes, as the Secretary determines appropriate, an appropriate assessment of such learning objectives that may include a final exam, to be proctored on-site or through remote proctoring, or an in-person field exam. (2) Included courses The Secretary shall approve one or more courses that meet the criteria described in paragraph (1) for training related to— (A) contractor certification; (B) energy auditing or assessment; (C) home energy systems (including HVAC systems); (D) insulation installation and air leakage control; (E) health and safety regarding the installation of energy efficiency measures or health and safety impacts associated with energy efficiency retrofits; (F) indoor air quality; and (G) energy efficiency retrofits in manufactured housing. (b) HOPE training supplemental credit criteria The Secretary shall establish criteria for approval of a course for which a credit, to be known as a HOPE training supplemental credit, may be issued, including that such course provides— (1) training related to— (A) small business success, including management, marketing, home energy efficiency software, or general accounting principles; (B) the issuance of a home valuation certification; (C) the use of wifi-enabled technology in an energy efficiency upgrade; or (D) understanding and being able to participate in the Home Energy Savings Retrofit Rebate Program; and (2) as the Secretary determines appropriate, an appropriate assessment of such training that may include a final exam, to be proctored on-site or through remote proctoring, or an in-person field exam. (c) Existing approved courses The Secretary may approve a course that meets the applicable criteria established under this section that is approved by the applicable State energy office or relevant State agency with oversight authority for residential energy efficiency programs. (d) In-Person and online training A course approved pursuant to this section shall be available online, except as needed for training in, or assessing, course content, but may also be conducted in-person. 103. HOPE Qualification (a) Issuance of credits (1) In general The Secretary, or an entity authorized by the Secretary pursuant to paragraph (2), may issue— (A) a HOPE training task credit to any individual that completes a course that meets applicable criteria under section 102; and (B) a HOPE training supplemental credit to any individual that completes a course that meets the applicable criteria under section 102. (2) Other entities The Secretary may authorize a State energy office implementing an authorized program under subsection (b)(2), an organization described in section 104(b), and any other entity the Secretary determines appropriate, to issue HOPE training credits in accordance with paragraph (1). (b) HOPE Qualification (1) In general The Secretary may certify that an individual has achieved a qualification, to be known as a HOPE Qualification, that indicates that the individual has received at least 3 HOPE training credits, of which at least 2 shall be HOPE training task credits. (2) State programs The Secretary may authorize a State energy office to implement a program to provide HOPE Qualifications in accordance with this title. 104. Grants (a) In general The Secretary shall, to the extent amounts are made available in appropriations Acts for such purposes, provide grants to support the training of individuals toward the completion of a HOPE Qualification. (b) Provider organizations (1) In general The Secretary may provide a grant of up to $20,000 under this section to an organization to provide training online, including establishing, modifying, or maintaining the online systems, staff time, and software and online program management, through a course that meets the applicable criteria established under section 102. (2) Criteria In order to receive a grant under this subsection, an organization shall be— (A) a nonprofit organization; (B) an educational institution; or (C) an organization that has experience providing training to contractors that work with the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq.) or equivalent experience, as determined by the Secretary. (3) Additional certifications In addition to any grant provided under paragraph (1), the Secretary may provide an organization up to $5,000 for each additional course for which a HOPE training credit may be issued that is offered by the organization. (c) Contractor company The Secretary may provide a grant under this section of $1,000 per employee to a contractor company, up to a maximum of $10,000, to reimburse the contractor company for training costs for employees, and any home technology support needed for an employee to receive training pursuant to this section. Grant funds provided under this subsection may be used to support wages of employees during training. (d) Trainees The Secretary may provide a grant of up to $1,000 under this section to an individual who receives a HOPE Qualification. (e) State energy office The Secretary may provide a grant under this section to a State energy office of up to $25,000 to implement an authorized program under section 103(b). 105. Authorization of appropriations There is authorized to be appropriated to carry out this title $500,000,000 for the period of fiscal years 2022 through 2027. II Home Energy Savings Retrofit Rebate Program 201. Establishment of Home Energy Savings Retrofit Rebate Program The Secretary shall establish a program, to be known as the Home Energy Savings Retrofit Rebate Program, to— (1) provide rebates in accordance with section 202; and (2) provide grants to States to carry out programs to provide rebates in accordance this title. 202. Partial system rebates (a) Amount of rebate In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide a homeowner a rebate, to be known as a partial system rebate, of, except as provided in section 206— (1) up to $800 for the purchase and installation of insulation and air sealing within a home of the homeowner; and (2) up to— (A) except as provided in subparagraph (B), $1,500 for— (i) the purchase and installation of insulation and air sealing within a home of the homeowner; and (ii) the replacement of— (I) an HVAC system of such home; (II) the heating component of an HVAC system of such home; or (III) the cooling component of an HVAC system of such home; or (B) $2,500 for— (i) the purchase and installation of insulation and air sealing within a home of the homeowner; and (ii) the replacement of the heating component of an HVAC system of such home where the heating component installed is an air source or ground source heat pump. (b) Specifications (1) Cost The amount of a partial system rebate provided under this section shall, except as provided in section 206, not exceed 30 percent of cost of the purchase and installation of insulation and air sealing under subsection (a)(1), or the purchase and installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, under subsection (a)(2). Labor may be included in such cost but may not exceed— (A) in the case of a rebate under subsection (a)(1), 50 percent of such cost; and (B) in the case of a rebate under subsection (a)(2), 25 percent of such cost. (2) Replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system In order to qualify for a partial system rebate described in subsection (a)(2)— (A) any HVAC system, heating component of an HVAC system, or cooling component of an HVAC system installed shall be Energy Star Most Efficient certified; (B) installation of such an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, shall be completed in accordance with standards specified by the Secretary that are at least as stringent as the applicable guidelines of the Air Conditioning Contractors of America that are in effect on the date of enactment of this Act; (C) if ducts are present, replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system shall include duct sealing; and (D) the installation of insulation and air sealing shall occur within 6 months of the replacement of the HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system. (c) Additional incentives for contractors In carrying out the Home Energy Savings Retrofit Rebate Program, the Secretary may provide a $250 payment to a contractor per home for which— (1) a partial system rebate is provided under this section for the installation of insulation and air sealing, or installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, by the contractor; (2) the applicable homeowner has signed and submitted to the Secretary a release form made available pursuant to section 210(b) authorizing the contractor access, in accordance with guidelines established under section 208(b), to information in the utility bills of the homeowner; and (3) the contractor inputs, into the Department of Energy’s Building Performance Database or a State database that has an agreement with the Department of Energy— (A) the energy usage for the home for the 13 months preceding, and the 24 months following, the installation of insulation and air sealing or installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system; (B) a description of such installation or installation and replacement; and (C) the total cost to the homeowner for such installation or installation and replacement. (d) Process (1) Forms; rebate processing system Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury, shall— (A) develop and make available rebate forms required to receive a partial system rebate under this section; (B) establish a Federal rebate processing system which shall serve as a database and information technology system that will allow homeowners to submit required rebate forms; and (C) establish a website that provides information on partial system rebates provided under this section, including how to determine whether particular measures qualify for a rebate under this section and how to receive such a rebate. (2) Submission of forms In order to receive a partial system rebate under this section, a homeowner shall submit the required rebate forms, and any other information the Secretary determines appropriate, to the Federal rebate processing system established pursuant to paragraph (1). (e) Funding (1) Limitation For each fiscal year, the Secretary may not use more than 40 percent of the amounts made available to carry out this title to carry out this section. (2) Allocation The Secretary shall, to the extent practicable, allocate amounts made available to carry out this section for partial system rebates among the States using the same formula as is used to allocate funds for States under part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq.). 203. State administered rebates for home energy efficiency retrofits (a) Funding In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide grants to States to carry out programs to provide rebates for home energy efficiency retrofits in accordance with this section. (b) State participation (1) Plan In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). (2) Approval Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either approve the application or provide to the applicant an explanation for denying the application. (c) Minimum criteria for State programs Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and publish minimum criteria for a State program to meet to qualify for funding under this section, including— (1) that the State program be carried out by the applicable State energy office or its designee; (2) that a rebate be provided under a State program only for a home energy efficiency retrofit that— (A) is completed by a contractor who meets minimum training requirements, certification requirements, and other requirements established by the Secretary; (B) includes installation of one or more home energy efficiency retrofit measures that together are modeled to achieve, or are shown to achieve, the minimum reduction required under this section— (i) in home energy use; or (ii) with respect to a portfolio of home energy efficiency retrofits, in aggregated home energy use for such portfolio; (C) does not include installation of any measure that the Secretary determines does not improve whole building energy performance of the home, such as a pool pump, pool heater, or spa; and (D) includes, after installation of the applicable home energy efficiency retrofit measures, a test-out procedure conducted in accordance with guidelines issued by the Secretary of such measures to ensure— (i) the safe operation of all systems post retrofit; and (ii) that all improvements are included in, and have been installed according to— (I) manufacturers’ installation specifications; and (II) all applicable State and local codes or equivalent standards approved by the Secretary; (3) that the State program utilize— (A) for purposes of modeled performance home rebates, modeling software, methods, and procedures— (i) for determining and documenting the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit that can be calibrated to historical energy usage for a home consistent with BPI 2400; (ii) that are approved by the Secretary; (iii) that can provide evidence for necessary improvements to a State program; and (iv) that can help to calibrate models for accuracy; (B) for purposes of measured performance home rebates, methods and procedures approved by the Secretary for determining and documenting— (i) the monthly and hourly (if available) weather-normalized baseline energy use of a home; and (ii) the reductions in monthly and hourly (if available) weather-normalized energy use of a home resulting from the implementation of a home energy efficiency retrofit; and (C) open-source advanced measurement and verification software approved by the Secretary; (4) that the State program include implementation of a quality assurance program— (A) to ensure that home energy efficiency retrofits are achieving the stated level of energy savings, that efficiency measures were installed correctly, and that work is performed in accordance with procedures developed by the Secretary, including through quality-control inspections for a portion of home energy efficiency retrofits completed by each applicable contractor; and (B) under which a quality-control inspection of a home energy efficiency retrofit is performed by a quality assurance provider who— (i) is independent of the contractor for such retrofit; and (ii) will confirm that such contractor is a contractor who meets the minimum requirements described in paragraph (2); (5) that, if the State program will provide measured performance home rebates, the State program— (A) only provide such a measured performance home rebate with respect to a home energy efficiency retrofit after collecting at least 13 months of data on home energy usage after completion of such retrofit; (B) establish and utilize, in accordance with guidance issued by the Secretary, a maximum fractional savings uncertainty for any portfolio of home energy efficiency retrofits; and (C) publicly report annual aggregated reductions in home energy use for homes for which measured performance home rebates are provided; (6) that the State program include procedures for a homeowner to transfer the right to claim a rebate to the contractor performing the applicable home energy efficiency retrofit or to an aggregator, if the State program will utilize aggregators; (7) that if the State program will utilize aggregators to facilitate delivery of rebates to homeowners or contractors, that the State program include requirements for an entity to be eligible to serve as an aggregator; (8) that the State program include requirements for a homeowner, contractor, or aggregator to claim a rebate, including that the homeowner, contractor, or aggregator submit to the State any applicable forms that are approved by the Secretary, including a copy of the certificate provided by the applicable contractor certifying projected or measured reduction of home energy use; (9) that the State program provide that a homeowner, contractor, or aggregator may claim more than one rebate under the State program, and may claim a rebate under the State program after receiving a partial system rebate under section 202, provided that no 2 rebates may be provided with respect to a home using the same baseline energy use of such home; and (10) that the State program include a procedure for providing, with respect to each home located in an underserved community that receives a home energy efficiency retrofit for which a rebate is provided under the program, the contractor performing such home energy efficiency retrofit, or an aggregator who has the right to claim such rebate, $200. (d) Modeled performance home rebates (1) In general In carrying out a State program under this section, a State may provide a homeowner, contractor, or aggregator a rebate, to be known as a modeled performance home rebate, for an energy audit of a home and a home energy efficiency retrofit that is projected, using modeling software approved by the Secretary, to reduce home energy use by at least 20 percent. (2) Amount (A) In general Except as provided in section 206, and subject to subparagraph (B), the amount of a modeled performance home rebate provided under a State program shall be equal to not more than 50 percent of the cost of the applicable energy audit of a home and home energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling. (B) Limitation Except as provided in section 206, with respect to an energy audit and home energy efficiency retrofit that is projected to reduce home energy use by— (i) at least 20 percent, but less than 35 percent, the maximum amount of a modeled performance home rebate shall be $2,000; and (ii) at least 35 percent, the maximum amount of a modeled performance home rebate shall be $4,000. (e) Measured performance home rebates (1) In general (A) Minimum reduction in home energy use In carrying out a State program under this section, a State may provide a homeowner, contractor, or an aggregator a rebate, to be known as a measured performance home rebate, for a home energy efficiency retrofit, or portfolio of home energy efficiency retrofits, where— (i) for a home energy efficiency retrofit that is not part of a portfolio, there is reduction in home energy use of at least 15 percent; and (ii) for home energy efficiency retrofits that are part of a portfolio, there is an aggregate reduction in home energy use of at least 15 percent. (B) Measured reduction For purposes of a measured performance home rebate, reductions in home energy use shall be measured— (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. (2) Amount Except as provided in section 206— (A) in the case of a home energy efficiency retrofit— (i) that is not part of a portfolio, the amount of a measured performance home rebate provided under a State program shall be not more than 50 percent of the direct costs of the home energy efficiency retrofit to the homeowner; and (ii) that is part of a portfolio, the aggregated amount for measured performance home rebates provided for such portfolio under a State program shall be not more than 50 percent of the aggregated direct costs of the home energy efficiency retrofits that are part of the portfolio; (B) the amount of a measured performance home rebate provided under a State program shall be determined— (i) in the case of a home energy efficiency retrofit that is not part of a portfolio, based on the amount that home energy use for the home is reduced, provided such reduction is at least 15 percent; and (ii) in the case of a home energy efficiency retrofit that is part of a portfolio, based on the amount that home energy use for the home is reduced, regardless of whether such reduction is at least 15 percent; and (C) the amount of a measured performance home rebate provided under a State program shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is— (i) established by the State energy office and approved by the Secretary; and (ii) not more than a payment rate that would equal, for a 20 percent reduction in average home energy use, based on State energy data, a rebate of not more than $2000. (f) Oversight If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. (g) Administrative expenses A State may use up to 10 percent of a grant received under this section for the costs of administering a State program approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c). 204. State administered rebates for reductions in home energy use not measured by meters (a) Funding In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide grants to States to carry out programs that to provide rebates in accordance with this section for home energy efficiency retrofits for which the reductions in home energy use are not able to be modeled or measured in a manner that would qualify for a rebate under section 203. (b) State participation (1) Plan In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). (2) Approval Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either approve the application or provide to the applicant an explanation for denying the application. (c) Criteria Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and publish minimum criteria for a State program to meet to qualify for funding under this section, including— (1) that the State program be carried out by the applicable State energy office or a designee with an established history carrying out data-driven, evaluated, and verified programs; (2) that a rebate be provided under a State program only for a home energy efficiency retrofit that— (A) is completed by a contractor who meets minimum training requirements, certification requirements, and other requirements established by the Secretary; (B) includes installation of one or more home energy efficiency retrofit measures for a home that together are shown to achieve, a minimum of a 20 percent reduction in home energy use from the baseline energy use of the home, where such energy use is not measured through a meter; (C) does not include installation of any measure that the Secretary determines does not improve whole building energy performance of the home, such as a pool pump, pool heater, or spa; and (D) includes, after installation of the applicable home energy efficiency retrofit measures, a test-out procedure conducted in accordance with guidelines issued by the Secretary of such measures to ensure— (i) the safe operation of all systems post retrofit; and (ii) that all improvements are included in, and have been installed according to— (I) manufacturers’ installation specifications; and (II) all applicable State and local codes or equivalent standards approved by the Secretary; (3) that the State program utilize methods and procedures approved by the Secretary for determining and documenting— (A) the baseline energy use of a home; and (B) the reductions in weather-normalized energy use of a home resulting from the implementation of a home energy efficiency retrofit; and (4) that the State program provide that a rebate may not be claimed with respect to a home for a home energy efficiency retrofit if a rebate may be provided for such home energy efficiency retrofit under a State program under section 203. (d) Oversight If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. (e) Administrative expenses A State may use up to 10 percent of a grant received under this section for the costs of administering a State program approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c). 205. State administered rebates for multifamily building energy efficiency retrofits (a) Funding In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide grants to States to carry out programs to provide rebates for multifamily building energy efficiency retrofits in accordance with this section. (b) State participation (1) Plan In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). (2) Approval Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either approve the application or provide to the applicant an explanation for denying the application. (c) Minimum criteria for State programs Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and publish minimum criteria for a State program to meet to qualify for funding under this section, including— (1) that the State program be carried out by the applicable State energy office or its designee; (2) that a rebate be provided under a State program only for a whole-building multifamily building energy efficiency retrofit that— (A) is completed by a contractor who meets minimum training requirements, certification requirements, and other requirements established by the Secretary; (B) includes installation of one or more multifamily building energy efficiency retrofit measures for the multifamily building that are modeled to achieve, or are shown to achieve, the minimum reduction required under this section— (i) in whole building energy use; or (ii) with respect to a portfolio of multifamily energy efficiency retrofits, in aggregated multifamily building energy use for such portfolio; (C) does not include installation of any measure that the Secretary determines does not improve the whole building energy performance of the building, such as a pool pump, pool heater, or spa; and (D) includes, after installation of the applicable whole building energy efficiency retrofit measures, a test-out procedure conducted in accordance with guidelines issued by the Secretary of such measures to ensure— (i) the safe operation of all systems post-retrofit; and (ii) that all improvements are included in, and have been installed according to— (I) manufacturers’ installation specifications; and (II) all applicable State and local codes or equivalent standards approved by the Secretary; (3) that the State program utilize— (A) for purposes of modeled performance multifamily building rebates, modeling software, methods, and procedures— (i) for determining and documenting the reductions in multifamily building energy use resulting from the implementation of a multifamily building energy efficiency retrofit that can be calibrated to historical energy usage for a multifamily building consistent with BPI 2400; (ii) that are approved by the Secretary; (iii) that can provide evidence for necessary improvements to a State program; and (iv) that can help to calibrate models for accuracy; (B) for purposes of measured performance multifamily building rebates, methods and procedures approved by the Secretary for determining and documenting— (i) the monthly and hourly (if available) weather-normalized baseline energy use of a multifamily building; and (ii) the reductions in monthly and hourly (if available) weather-normalized energy use of a multifamily building resulting from the implementation of a multifamily building efficiency retrofit; and (C) open-source advanced measurement and verification software approved by the Secretary; (4) that the State program include implementation of a quality assurance program— (A) to ensure that multifamily building energy efficiency retrofits are achieving the stated level of energy savings, that efficiency measures were installed correctly, and that work is performed in accordance with procedures developed by the Secretary, including through quality-control inspections for a portion of multifamily building energy efficiency retrofits completed by each applicable contractor; and (B) under which a quality-control inspection of a multifamily building energy efficiency retrofit is performed by a quality assurance provider who— (i) is independent of the contractor for such retrofit; and (ii) will confirm that such contractor is a contractor who meets the minimum requirements described in paragraph (2); (5) that, if the State program will provide measured performance multifamily building rebates, the State program— (A) only provide such a measured performance multifamily building rebate with respect to a multifamily building energy efficiency retrofit after collecting at least 13 months of data on multifamily building energy usage after completion of such retrofit; (B) establish and utilize, in accordance with guidance issued by the Secretary, a maximum fractional savings uncertainty for any portfolio of multifamily building energy efficiency retrofits; (C) publicly report annual aggregated reductions in multifamily building energy use for homes for which measured performance multifamily building rebates are provided; (6) that the State program include requirements for a multifamily building owner, contractor, or aggregator to claim a rebate, including that the building owner, contractor, or aggregator submit to the State any applicable forms approved by the Secretary, including a copy of the certificate provided by the applicable contractor certifying projected or measured reduction of multifamily building energy use; (7) that the State program include procedures for a multifamily building owner to transfer the right to claim a rebate to the contractor performing the applicable multifamily building energy efficiency retrofit or to an aggregator, if the State program will utilize aggregators; (8) that if the State program will utilize aggregators to facilitate delivery of rebates to multifamily building owners or contractors, that the State program include requirements for an entity to be eligible to serve as an aggregator; (9) that the State program provide that a multifamily building owner or contractor may claim more than one rebate under the State program, provided that no 2 rebates may be provided with respect to a multifamily building using the same baseline energy use of such multifamily building; and (10) that the State program include a procedure for providing, with respect to each multifamily building located in an underserved community that receives a multifamily building energy efficiency retrofit for which a rebate is provided under the program, the contractor performing such multifamily building energy efficiency retrofit, or an aggregator who has the right to claim such rebate, $50 per dwelling unit in the multifamily building. (d) Modeled performance multifamily building rebates (1) In general In carrying out a State program under this section, a State may provide a building owner or contractor a rebate, to be known as a modeled performance multifamily building rebate, for an energy audit of a multifamily building and a multifamily building energy efficiency retrofit that is projected, using modeling software approved by the Secretary, to reduce whole building energy use by at least 20 percent. (2) Amount (A) In general Except as provided in section 206 and subject to subparagraph (B), the amount of a modeled performance multifamily building rebate provided under a State program shall be equal to not more than 50 percent of the cost of the applicable energy audit of a multifamily building and multifamily building energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling. (B) Limitation Except as provided in section 206, with respect to an energy audit and multifamily building energy efficiency retrofit that is projected to reduce multifamily building energy use by— (i) at least 20 percent, but less than 35 percent, the maximum amount of a modeled performance multifamily building rebate shall be $2,000 per dwelling unit in the multifamily building, up to a maximum of $200,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity; and (ii) at least 35 percent, the maximum amount of a modeled performance multifamily building rebate shall be $4,000 per dwelling unit in the multifamily building, up to a maximum of $400,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity. (e) Measured performance multifamily building rebates (1) In general (A) Minimum reduction in multifamily building energy use In carrying out a State program under this section, a State may provide a building owner, contractor, or aggregator a rebate, to be known as a measured performance multifamily building rebate, for a multifamily building energy efficiency retrofit, or portfolio of multifamily energy efficiency retrofits, where— (i) for a multifamily building energy efficiency retrofit that is not part of a portfolio, there is reduction in multifamily building energy use of at least 15 percent; and (ii) for multifamily building energy efficiency retrofits that are part of a portfolio, there is an aggregate reduction in multifamily building energy use of at least 15 percent. (B) Measured reduction For purposes of a measured performance multifamily building rebate, reductions in multifamily building energy use shall be measured— (i) at the meter; (ii) in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and (iii) using methods and procedures approved by the Secretary. (2) Amount Except as provided in section 206— (A) in the case of a multifamily building energy efficiency retrofit— (i) that is not part of a portfolio, the amount of a measured performance multifamily building rebate provided under a State program shall be not more than 50 percent of the direct costs of the multifamily building energy efficiency retrofit to the owner; and (ii) that is part of a portfolio, the aggregated amount for measured performance multifamily building rebates provided for such portfolio under a State program shall be not more than 50 percent of the aggregated direct costs of the multifamily building energy efficiency retrofits that are part of the portfolio; (B) the amount of a measured performance multifamily building rebate provided under a State program shall be determined— (i) in the case of a multifamily building energy efficiency retrofit that is not part of a portfolio, based on the amount that energy use for the multifamily building is reduced, provided such reduction is at least 15 percent; and (ii) in the case of a multifamily building energy efficiency retrofit that is part of a portfolio, based on the amount that energy use for the multifamily building is reduced, regardless of whether such reduction is at least 15 percent; and (C) the amount of a measured performance multifamily building rebate provided under a State program shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in multifamily building energy use that is— (i) established by the State energy office and approved by the Secretary; and (ii) not more than a payment rate that would equal, for a 20 percent reduction in average multifamily building energy use, based on State energy data, a rebate of not more than $2000 per dwelling unit in the multifamily building. (f) Oversight If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. (g) Administrative expenses A State may use up to 10 percent of a grant received under this section for the costs of administering a State program approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c). (h) Contracting requirements The minimum requirements described in subsection (c)(2) for contractors shall include a requirement that a contractor certify that all laborers and mechanics employed by the contractor or subcontractor thereof in the performance of construction, alteration, or repair work for which a rebate is provided under a State program under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. 206. Special provisions for moderate income households and multifamily buildings (a) Certifications The Secretary shall establish procedures for certifying as moderate income for purposes of this section— (1) the household of a homeowner; or (2) a multifamily building. (b) Percentages Subject to subsection (c), for households of homeowners and multifamily buildings that are certified pursuant to the procedures established under subsection (a) as moderate income the— (1) amount of a partial system rebate under section 202 shall not exceed 60 percent of the applicable purchase and installation and replacement costs described in section 202(b)(1); and (2) amount of— (A) a modeled performance home rebate provided under section 203 shall be not more than 80 percent of the applicable costs described in section 203(d)(2)(A); (B) a modeled performance multifamily building rebate provided under section 205 shall be not more than 80 percent of the applicable costs described in section 205(d)(2)(A); (C) a measured performance home rebate provided under section 203 shall be not more than 80 percent of the applicable costs described in section 203(e)(2)(A); and (D) a measured performance multifamily building rebate provided under section 205 shall be not more than 80 percent of the applicable costs described in section 205(e)(2)(A). (c) Maximum amounts (1) Partial system rebates For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a partial system rebate— (A) under section 202(a)(1) for the purchase and installation of insulation and air sealing within a home of the homeowner shall be $1,600; (B) except as provided in subparagraph (C), under section 202(a)(2) for the purchase and installation of insulation and air sealing within a home of the homeowner and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, of such home, shall be $3,000; and (C) under section 202(a)(2)(B) for the purchase and installation of insulation and air sealing within a home of the homeowner and replacement of the heating component of an HVAC system of such home, where the heating component installed is an air source or ground source heat pump, shall be $5000. (2) Modeled performance home rebate For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a modeled performance home rebate under section 203 for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in— (A) section 203(d)(2)(B)(i) shall be $4,000; and (B) section 203(d)(2)(B)(ii) shall be $8,000. (3) Modeled performance multifamily building rebate For multifamily buildings that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a modeled performance multifamily building rebate under section 205 for an energy audit and multifamily building energy efficiency retrofit that is projected to reduce building energy as described in— (A) section 205(d)(2)(B)(i) shall be $4,000 per dwelling unit in the multifamily building, up to a maximum of $400,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity; and (B) section 205(d)(2)(B)(ii) shall be $8,000 per dwelling unit in the multifamily building, up to a maximum of $800,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity. (4) Measured performance home rebate For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance home rebate under section 203 for a home energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in home energy use that is equal to twice the payment rate described in section 203(e)(2). (5) Measured performance multifamily building For multifamily buildings that are certified pursuant to the procedures established under subsection (a) as moderate income, the maximum amount of a measured performance multifamily building rebate under section 205 for a multifamily building energy efficiency retrofit shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in multifamily building energy use that is equal to twice the payment rate described in section 205(e)(2). (d) Outreach The Secretary shall establish procedures to— (1) provide information to households of homeowners, and households in multifamily buildings, that are certified pursuant to the procedures established under subsection (a) as moderate income regarding other programs and resources relating to assistance for energy efficiency upgrades of homes and dwelling units of multifamily buildings, including the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq.); and (2) refer such households, as applicable, to such other programs and resources. (e) Requirements for multifamily buildings (1) All multifamily buildings A rebate may not be made in accordance with this section with respect to a multifamily building unless the owner of the building demonstrates to the satisfaction of the Secretary that, at the time the rebate is made, not less than 2/3 of all dwelling units in such multifamily building— (A) are occupied by households having incomes not exceeding 80 percent of median income for the area in which the multifamily building is located; and (B) have monthly rental prices that are equal to, or less than, an amount that is equal to 30 percent of the monthly household income of a household having an income at 80 percent of median household income for the area in which the multifamily building is located. (2) Assisted multifamily buildings A rebate may not be made in accordance with this section with respect to a multifamily building for which Federal rental assistance is provided unless the owner of such multifamily building demonstrates to the satisfaction of the Secretary that the remaining term of the affordability agreement for such building relating to such assistance is 5 years or longer. (3) Unassisted multifamily buildings (A) Requirements for rent increases (i) Limitation A rebate may not be made in accordance with this section with respect to a multifamily building for which, during the 5-year period beginning on the date of issuance of such a rebate, no Federal rental assistance is provided, unless the owner of such multifamily building enters into such binding commitments as the Secretary shall require to ensure that any rent increase for any dwelling unit in the multifamily building made after the completion of any energy efficiency retrofit for which such rebate is made shall not exceed the amount of the existing rent as increased in accordance with any percentage increase in the Consumer Price Index for All Urban Consumers (CPI–U) for the applicable period, as determined by the Secretary. (ii) Exemption A rent increase for dwelling units subject to the limitation under clause (i) may exceed the amount provided under such clause if the owner of the multifamily building in which such dwelling units are located requests such exemption and provides to the applicable State documentation demonstrating actual, documented increases in specific operating expenses, which may include property taxes and maintenance costs, that meet such requirements as the Secretary shall establish. (B) Eviction protections A rebate may not be provided in accordance with this section with respect to a multifamily building for which no Federal rental assistance is provided unless the owner of such multifamily building enters into such binding commitments as the Secretary shall require to ensure that, during a period prescribed by the Secretary, any moderate income household residing in a dwelling unit in the multifamily building may not be evicted, have their lease terminated, or fail to have their lease renewed for any reason other than breach of the lease or good cause, as defined by the jurisdiction in which the multifamily building is located. (C) Regulatory agreements; sale Any requirement under this paragraph or binding commitment required under this paragraph with respect to a multifamily building shall be set forth in a regulatory agreement entered into by the owner of the multifamily building and the State administering the rebate program under this title. Such regulatory agreement shall contain appropriate subordination provisions that allow for reasonable purchaser financing, shall be recorded, and shall apply notwithstanding any change in ownership of the building. (D) Tenant notification To provide rebates with respect to multifamily buildings in accordance with this section, a State shall develop and carry out a specific and verifiable mechanism for providing tenants of multifamily buildings for which such rebates are provided with written notice of their rights and their landlord’s obligations pursuant to this paragraph. (E) Enforcement (i) Partnering with HFAS States receiving grants to carry out rebate programs under this title are encouraged to partner with housing finance agencies to monitor compliance with and enforce the requirements under this paragraph, including developing and providing to owners of multifamily buildings with respect to which rebates are provided a standard regulatory agreement and lease addendum that sets forth the restrictions and requirements under this paragraph. (ii) Penalties for noncompliance To provide rebates with respect to multifamily buildings in accordance with this section, a State shall— (I) establish and carry out a compliance procedure for the requirements of this paragraph that provides specific response and resolution deadlines and utilizes standard and transparent criteria to resolve alleged violations; (II) establish penalties that are sufficient, in the determination of such State, to deter violations of the requirements of this paragraph and the agreements entered into pursuant to this paragraph; and (III) provide that tenants of multifamily buildings may bring an civil action to enforce the lease requirements under this paragraph and pursue restitution for violations of the applicable regulatory agreement, and provide that in such an action such tenants may recover damages and attorney’s fees. (4) Federal rental assistance defined In this subsection, the term Federal rental assistance means, with respect to a multifamily building, project-based assistance provided to the owner of the multifamily building pursuant to— (A) section 202 of the Housing Act of 1959 ( 12 U.S.C. 17012 ); (B) section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); (C) section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ); or (D) section 538 of the Housing Act of 1949 ( 42 U.S.C. 1490 ). 207. Coordination of rebate and existing State-Sponsored or utility-Sponsored programs A State that receives a grant under this title is encouraged to work with State agencies, electric utilities, gas utilities, nonprofits, and other entities— (1) to assist in marketing the availability of the rebates under the applicable State program; (2) to coordinate with utility or State managed financing programs; (3) to assist in implementation of the applicable State program, including installation of energy efficiency retrofits; and (4) to coordinate with existing quality assurance programs. 208. Consumer access to electric energy and natural gas information (a) Eligibility for state energy plans Section 362(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(d) ) is amended— (1) in paragraph (16), by striking and after the semicolon at the end; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: (17) programs— (A) to enhance consumer access to and understanding of electric energy and natural gas usage and cost information, including consumers’ own residential and commercial retail electric energy information (as defined in section 2 of the HOPE for HOMES Act of 2021 ) and retail natural gas information (as defined in section 2 of the HOPE for HOMES Act of 2021 ); and (B) to facilitate the development and adoption of innovative products and services to assist consumers in managing energy consumption and expenditures; and . (b) Guidelines for electric consumer and gas consumer access (1) In general Not later than 180 days after the date of enactment of this Act and subject to paragraph (2), the Secretary shall issue guidelines that establish model data sharing standards and policies for States to provide electric consumers and gas consumers, and third-party designees of such electric consumers and gas consumers, with access to retail electric energy information and retail natural gas information. (2) Consultation Before issuing the guidelines under paragraph (1), the Secretary shall— (A) consult with— (i) State and local regulatory authorities; (ii) other appropriate Federal agencies, including the National Institute of Standards and Technology; (iii) consumer and privacy advocacy groups; (iv) electric utilities and gas utilities; (v) the National Association of State Energy Officials; and (vi) other appropriate entities, including groups representing public utility commissions, commercial and residential building owners, residential contractors, and groups that represent demand response and electricity data devices and services; and (B) provide notice and opportunity for comment. (3) State and local regulatory action In issuing the guidelines under paragraph (1), the Secretary shall, to the maximum extent practicable, be guided by actions taken by State and local regulatory authorities to ensure electric consumer and gas consumer access to retail electric energy information and retail natural gas information, including actions taken after consideration of the standard established under section 111(d)(19) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d)(19) ). (4) Contents The guidelines issued under paragraph (1) shall include guidelines— (A) specifying that retail electric energy information and retail natural gas information of an electric consumer or a gas consumer should be made available to the electric consumer or gas consumer (or a third-party designee of the electric consumer or gas consumer) by the electric utility or gas utility of the electric consumer or gas consumer (or such other entity as may be designated by the utility), in consultation with, or with approval from, as applicable, the utility’s applicable retail regulatory authority; (B) regarding the timeliness and specificity of retail electric energy information and retail natural gas information to be made available to an electric consumer or a gas consumer (or a third-party designee of such an electric consumer or such a gas consumer), including that such retail electric energy information and retail natural gas information should be made available to consumer-authorized entities— (i) in an electronic machine readable form, without additional charge, in conformity with nationally recognized open standards and best practices; (ii) through a website or other electronic access authorized by the electric consumer or gas consumer, including at least 13 months of historical information; (iii) in as close to real-time as is reasonably practicable; (iv) at the level of specificity that the data is transmitted by the meter or as is reasonably practicable; and (v) in a manner that provides adequate protections for the security of the information and the privacy of the electric consumer or gas consumer; (C) regarding appropriate nationally recognized open standards for data exchange; (D) regarding access of retail electric energy information and retail natural gas information for owners and managers of multitenant commercial and residential buildings; (E) regarding consumer consent requirements such that an electric consumer or gas consumer can conveniently and securely authorize a third-party designee access to the retail electric energy information or retail natural gas information of such electric consumer or gas consumer, including standardized authorization language to which an electric consumer or gas consumer will agree prior to such electric consumer or gas consumer authorizing, or the applicable electric utility or gas utility sharing, retail electric energy information or retail natural gas information of such electric consumer or gas consumer; (F) specifying that electric utilities and gas utilities should, when a capable meter is servicing an electric consumer or gas consumer, communicate usage and other information to a device or network of the electric consumer or gas consumer or a device or network of a third-party designee of such electric consumer or gas consumer, and where feasible should provide to the electric consumer or gas consumer or third-party designee, at a minimum, access to usage information (not including price information) of the electric consumer or gas consumer directly from the meter in as close to real-time as is reasonably practicable; (G) with respect to the terms and conditions, which shall be reasonable and non-discriminatory, to be agreed to by a third-party designee of an electric consumer or of a gas consumer and an electric utility or gas utility for access to the retail electric energy information or retail natural gas information of such electric consumer or gas consumer, including that— (i) due process be afforded to such third-party by the applicable regulatory authority, including giving such third-party an opportunity to rebut allegations of wrongdoing by such third-party prior to any enforcement action being taken by the applicable regulatory authority; (ii) the consumer’s online authentication match that used by the applicable gas utility or electric utility for the consumer-facing website of such gas utility or electric utility; and (iii) such third-party may receive retail electric energy information and retail natural gas information from an electric utility or gas utility with consumer consent, except if otherwise prohibited by Federal law or by a finding of a State court or other State adjudicatory body; and (H) addressing appropriate circumstances in which analysis of retail electric energy information and retail natural gas information may be released publicly, without a consumer’s consent, by protecting individual consumers privacy, including— (i) with mathematical methods known as differential privacy, in which consumers privacy can be ensured with provable guarantees; and (ii) detailed descriptions and sample calculations by which the results of statistical analysis can be made differentially private. (5) Revisions The Secretary shall periodically review and, as necessary, revise the guidelines issued under paragraph (1) to reflect changes in technology, privacy needs, and the market for electric energy and natural gas and related services. 209. Evaluation reports to Congress (a) In general Not later than 3 years after the date of enactment of this Act and annually thereafter until the termination of the Home Energy Savings Retrofit Rebate Program, the Secretary shall submit to Congress a report on the use of funds made available to carry out this title. (b) Contents Each report submitted under subsection (a) shall include— (1) how many home energy efficiency retrofits and multifamily building energy efficiency retrofits have been completed during the previous year under the Home Energy Savings Retrofit Rebate Program; (2) an estimate of how many jobs have been created through the Home Energy Savings Retrofit Rebate Program, directly and indirectly; (3) a description of what steps could be taken to promote further deployment of energy efficiency and renewable energy retrofits; (4) a description of the quantity of verifiable energy savings, homeowner energy bill savings, and other benefits of the Home Energy Savings Retrofit Rebate Program; (5) a description of any waste, fraud, or abuse with respect to funds made available to carry out this title; and (6) any other information the Secretary considers appropriate. 210. Administration (a) In general The Secretary shall provide such administrative and technical support to contractors, aggregators, States, and Indian Tribes as is necessary to carry out this title. (b) Information collection The Secretary shall establish, and make available to a homeowner, multifamily building owner, or the homeowner’s or multifamily building owner’s designated representative, seeking a rebate under this title, release forms authorizing, in accordance with guidelines issued under section 208(b), access by the Secretary, or a designated third-party representative to information in the utility bills of the homeowner or the multifamily building owner. 211. Treatment of rebates For purposes of the Internal Revenue Code of 1986, gross income shall not include any rebate received under this title. 212. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary to carry out this title $1,400,000,000 for each of fiscal years 2022 through 2027, to remain available until expended. (b) Tribal allocation Of the amounts made available pursuant to subsection (a) for a fiscal year, the Secretary shall work with Indian Tribes and use 2 percent of such amounts to carry out a program or programs that as close as possible reflect the goals, requirements, and provisions of this title, taking into account any factors that the Secretary determines to be appropriate. III General provisions 301. Appointment of personnel Notwithstanding the provisions of title 5, United States Code, regarding appointments in the competitive service and General Schedule classifications and pay rates, the Secretary may appoint such professional and administrative personnel as the Secretary considers necessary to carry out this Act. 302. Maintenance of funding Each State receiving Federal funds pursuant to this Act shall provide reasonable assurances to the Secretary that it has established policies and procedures designed to ensure that Federal funds provided under this Act will be used to supplement, and not to supplant, State and local funds. | https://www.govinfo.gov/content/pkg/BILLS-117s1768is/xml/BILLS-117s1768is.xml |
117-s-1769 | II 117th CONGRESS 1st Session S. 1769 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mrs. Feinstein (for herself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To adjust the boundary of the Santa Monica Mountains National Recreation Area to include the Rim of the Valley Corridor, and for other purposes.
1. Short title This Act may be cited as the Rim of the Valley Corridor Preservation Act . 2. Findings Congress finds that— (1) the Santa Monica Mountains National Recreation Area was authorized as a unit of the National Park System on November 10, 1978; (2) the Santa Monica Mountains and the Rim of the Valley Corridor include— (A) nationally significant resources, including— (i) outstanding examples of geologic history, including the evolution of the Transverse Ranges Province; (ii) a diversity of well-preserved marine and terrestrial paleontological resources; and (iii) high biodiversity, including outstanding examples of native grasslands, coastal sage scrub, chaparral, dry coniferous forests, and alluvian fan sage scrub; and (B) nationally significant cultural resources that represent a wide range of themes relating to human use and settlement in the region, including— (i) high concentrations of archeological resources that provide insight into more than 10,000 years of Tribal history; and (ii) landmarks that represent topics such as architecture, recreation, and space exploration; and (3) expanding the Santa Monica Mountains National Recreation Area would provide new opportunities for the National Park Service to serve a broad range of urban communities, including many communities that are— (A) underrepresented in units of the National Park System; and (B) underserved by State and local parks. 3. Boundary adjustment; land acquisition; administration (a) Boundary adjustment Section 507(c)(1) of the National Parks and Recreation Act of 1978 ( 16 U.S.C. 460kk(c)(1) ) is amended, in the first sentence, by striking Santa Monica Mountains National Recreation Area and Santa Monica Mountains Zone, California, Boundary Map , numbered 80,047–C and dated August 2001 and inserting Rim of the Valley Unit—Santa Monica Mountains National Recreation Area and dated October 2017 . (b) Rim of the valley unit Section 507 of the National Parks and Recreation Act of 1978 ( 16 U.S.C. 460kk ) is amended by adding at the end the following: (u) Rim of the valley unit (1) Definitions In this subsection: (A) State The term State means the State of California. (B) Unit The term Unit means the Rim of the Valley Unit included within the boundaries of the recreation area, as depicted on the map described in subsection (c)(1). (C) Utility facility The term utility facility means— (i) electric substations, communication facilities, towers, poles, and lines; (ii) ground wires; (iii) communications circuits; (iv) other utility structures; and (v) related infrastructure. (D) Water resource facility The term water resource facility means— (i) irrigation and pumping facilities; (ii) dams and reservoirs; (iii) flood control facilities; (iv) water conservation works, including debris protection facilities, sediment placement sites, rain gauges, and stream gauges; (v) water quality, recycled water, and pumping facilities; (vi) conveyance distribution systems; (vii) water treatment facilities; (viii) aqueducts; (ix) canals; (x) ditches; (xi) pipelines; (xii) wells; (xiii) hydropower projects; (xiv) transmission facilities; and (xv) other ancillary facilities, groundwater recharge facilities, water conservation, water filtration plants, and other water diversion, conservation, groundwater recharge, storage, and carriage structures. (2) Boundaries Not later than 3 years after the date of enactment of this subsection, the Secretary shall update the general management plan for the recreation area developed under subsection (t) to reflect the boundaries designated on the map referred to in subsection (c)(1) to include the area known as the Rim of the Valley Unit . (3) Administration Subject to valid existing rights, the Secretary shall administer the Unit and any land or interest in land acquired by the United States located within the boundaries of the Unit— (A) as part of the recreation area; and (B) in accordance with— (i) this section; and (ii) applicable laws (including regulations). (4) Acquisition of land (A) In general The Secretary may acquire non-Federal land within the boundaries of the Unit only through exchange, donation, or purchase from a willing seller. (B) Use of eminent domain Nothing in this subsection authorizes the use of eminent domain to acquire land or interests in land within the boundaries of the Unit. (5) Outside activities The fact that certain activities or land uses can be seen or heard from within the Unit shall not preclude the activities or land uses outside the boundary of the Unit. (6) Effect of subsection Nothing in this subsection or the application of the applicable management plan to the Unit— (A) modifies any provision of Federal, State, or local law with respect to public access to, or use of, non-Federal land; (B) creates any liability, or affects any liability under any other law, of any private property owner or other owner of non-Federal land with respect to any person injured on private property or other non- Federal land; (C) affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land); (D) requires any unit of local government to participate in any program administered by the Secretary; (E) alters, modifies, or diminishes any right, responsibility, power, authority, jurisdiction, or entitlement of the State, any political subdivision of the State, or any State or local agency under existing Federal, State, or local law (including regulations); (F) requires the creation of protective perimeters or buffer zones around the Unit; (G) requires or promotes the use of, or encourages trespass on, land, facilities, or rights-of-way owned by non-Federal entities, including water resource facilities and public utilities, without the written consent of the owner of the land; (H) affects the operation, maintenance, modification, construction, or expansion of any water resource facility or utility facility located within or adjacent to the Unit; (I) terminates the fee title to land, or the customary operation, maintenance, repair, and replacement activities on or under the land, granted to public agencies that are authorized under Federal or State law; (J) interferes with, obstructs, hinders, or delays the exercise of any right to, or access to any water resource facility or other facility or property necessary or useful to access any water right to operate any public water or utility system; or (K) requires initiation or reinitiation of consultation with the Director of the United States Fish and Wildlife Service under, or the application of provisions of, the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), or division A of subtitle III of title 54, United States Code, relating to any action or activity affecting water, water rights, water management, or water resource facilities within the Unit. (7) Utility facilities; water resource facilities A utility facility or water resource facility shall conduct activities in a manner that reasonably avoids or reduces the impact of the activities on the resources of the Unit. . | https://www.govinfo.gov/content/pkg/BILLS-117s1769is/xml/BILLS-117s1769is.xml |
117-s-1770 | II 117th CONGRESS 1st Session S. 1770 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Cardin (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to reform retirement provisions, and for other purposes.
1. Short title, etc (a) Short title This Act may be cited as the Retirement Security and Savings Act of 2021 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title, etc. TITLE I—Expanding coverage and increasing retirement savings Sec. 101. Secure deferral arrangements. Sec. 102. Facilitating automatic enrollment. Sec. 103. Credit for employers with respect to modified safe harbor requirements. Sec. 104. Expansion of saver's credit. Sec. 105. Modification of participation requirements for long-term, part-time workers. Sec. 106. Separate application of top heavy rules to defined contribution plans covering excludible employees. Sec. 107. 60-day rollover to inherited individual retirement plan of nonspouse beneficiary. Sec. 108. Increase in age for required beginning date for mandatory distributions. Sec. 109. Increase in credit limitation for small employer pension plan startup costs of certain employers. Sec. 110. Credit for re-enrollment. Sec. 111. Treatment of student loan payments as elective deferrals for purposes of matching contributions. Sec. 112. Treatment of qualified retirement planning services. Sec. 113. Allow additional nonelective contributions to simple plans. Sec. 114. Reform of the minimum participation rule. Sec. 115. Expansion of Employee Plans Compliance Resolution System. Sec. 116. Enhancement of 403 (b) plans. Sec. 117. Eligibility for participation in retirement plans. Sec. 118. Small immediate financial incentives for contributing to a plan. Sec. 119. Indexing IRA catch-up limit. Sec. 120. Higher catch-up limit to apply at age 60. Sec. 121. Deferral of tax for certain sales of employer stock to employee stock ownership plan sponsored by S corporation. Sec. 122. Credit for small employers providing retirement plans for military spouses. TITLE II—Preservation of income Sec. 201. Qualifying longevity annuity contracts. Sec. 202. Remove required minimum distribution barriers for life annuities. Sec. 203. Eliminating a penalty on partial annuitization. Sec. 204. Insurance-dedicated exchange-traded funds. TITLE III—Simplification and clarification of retirement plan rules Sec. 301. Review and report to the Congress relating to reporting and disclosure requirements. Sec. 302. Consolidation of defined contribution plan notices. Sec. 303. Performance benchmarks for asset allocation funds. Sec. 304. Permit nonspousal beneficiaries to roll assets to plans. Sec. 305. Deferral agreements. Sec. 306. Simplifying 402 (f) notices. Sec. 307. Permit plans to use base pay or rate of pay calculation. Sec. 308. Roth SIMPLE IRAs. Sec. 309. Reduction in excise tax on certain accumulations in qualified retirement plans. Sec. 310. Clarification of catch-up contributions with respect to separate lines of business. Sec. 311. Clarification of substantially equal periodic payment rule. Sec. 312. Clarification of treatment of distributions of annuity contracts. Sec. 313. Clarification regarding elective deferrals. Sec. 314. Tax treatment of certain nontrade or business SEP contributions. Sec. 315. Allow certain plan transfers and mergers. Sec. 316. Exception from required distributions where aggregate retirement savings do not exceed $100,000. Sec. 317. Hardship rules for 403 (b) plans. Sec. 318. IRA preservation. Sec. 319. Elimination of additional tax on certain distributions. Sec. 320. Distributions to firefighters. Sec. 321. Eliminating unnecessary plan requirements related to unenrolled participants. Sec. 322. Recovery of retirement plan overpayments. Sec. 323. Retirement savings lost and found. TITLE IV—Defined benefit plan reforms Sec. 401. Cash balance. Sec. 402. Aligning use of lookback months to determine interest rates. Sec. 403. Corrections of mortality tables. Sec. 404. Cease double-indexing the variable rate premium. Sec. 405. Enhancing retiree health benefits in pension plans. TITLE V—Reforming plan rules to harmonize with IRA rules Sec. 501. Roth plan distribution rules. Sec. 502. Distributions for charitable purposes. Sec. 503. Surviving spouse election to be treated as employee. Sec. 504. Rollovers from Roth IRAs to plans. TITLE VI—Administrative provisions Sec. 601. Provisions relating to plan amendments. I Expanding coverage and increasing retirement savings 101. Secure deferral arrangements (a) In general Subsection (k) of section 401 is amended by adding at the end the following new paragraph: (16) Alternative method for secure deferral arrangements to meet nondiscrimination requirements (A) In general A secure deferral arrangement shall be treated as meeting the requirements of paragraph (3)(A)(ii). (B) Secure deferral arrangement For purposes of this paragraph, the term secure deferral arrangement means any cash or deferred arrangement which meets the requirements of subparagraphs (C), (D), and (E) of paragraph (13), except as modified by this paragraph. (C) Qualified percentage For purposes of this paragraph, with respect to any employee, the term qualified percentage means, in lieu of the meaning given such term in paragraph (13)(C)(iii), any percentage determined under the arrangement if such percentage is applied uniformly and is— (i) at least 6 percent, but not greater than 10 percent, during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in paragraph (13)(C)(i) is made with respect to such employee, (ii) at least 7 percent during the first plan year following the plan year described in clause (i), (iii) at least 8 percent during the second plan year following the plan year described in clause (i), (iv) at least 9 percent during the third plan year following the plan year described in clause (i), and (v) at least 10 percent during any subsequent plan year. (D) Matching contributions (i) In general For purposes of this paragraph, an arrangement shall be treated as having met the requirements of paragraph (13)(D)(i) if and only if the employer makes matching contributions on behalf of each employee who is not a highly compensated employee in an amount equal to the sum of— (I) 100 percent of the elective contributions of the employee to the extent such contributions do not exceed 2 percent of compensation, (II) 50 percent of so much of such contributions as exceed 2 percent but do not exceed 6 percent of compensation, plus (III) 20 percent of so much of such contributions as exceed 6 percent but do not exceed 10 percent of compensation. (ii) Application of rules for matching contributions The rules of clause (ii) of paragraph (12)(B) and clauses (iii) and (iv) of paragraph (13)(D) shall apply for purposes of clause (i), but the rule of clause (iii) of paragraph (12)(B) shall not apply for such purposes. The rate of matching contribution for each incremental deferral must be at least as high as the rate specified in clause (i), and may be higher, so long as such rate does not increase as an employee’s rate of elective contributions increases. . (b) Matching contributions and employee contributions Subsection (m) of section 401 is amended by redesignating paragraph (13) as paragraph (14) and by inserting after paragraph (12) the following new paragraph: (13) Alternative method for secure deferral arrangements A defined contribution plan shall be treated as meeting the requirements of paragraph (2) with respect to matching contributions and employee contributions if the plan— (A) is a secure deferral arrangement (as defined in subsection (k)(16)), (B) meets the requirements of clauses (ii) and (iii) of paragraph (11)(B), and (C) provides that matching contributions on behalf of any employee may not be made with respect to an employee’s contributions or elective deferrals in excess of 10 percent of the employee’s compensation. . (c) Conforming amendments Subparagraph (H) of section 416(g)(4) is amended— (1) in clause (i), by striking section 401(k)(12) or 401(k)(13) and inserting paragraph (12), (13), or (16) of section 401(k) , and (2) in clause (ii), by striking section 401(m)(11) or 401(m)(12) and inserting paragraph (11), (12), or (13) of section 401(m) . (d) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2021. 102. Facilitating automatic enrollment The Secretary of the Treasury (or the Secretary's delegate) shall promulgate regulations or other guidance which— (1) simplifies and clarifies the rules regarding the timing of participant notices required under the Internal Revenue Code of 1986 with respect to an eligible automatic enrollment contribution arrangement (within the meaning of section 414(w)(3) of the Internal Revenue Code of 1986) or required under section 336(c)(3) of the Consolidated Appropriations Act, 2016 with respect to an automatic contribution arrangement (within the meaning of section 336(c)(2) of such Act), with specific application to— (A) plans which allow employees to be eligible for participation immediately upon beginning employment; and (B) employers with multiple payroll and administrative systems; and (2) simplifies and clarifies the application of automatic escalation features under arrangements described in paragraph (1) in the context of employers with multiple payroll and administrative systems. Such regulations or guidance shall address the particular case of employees within the same plan who are subject to different notice timing and different percentage requirements, and provide assistance for plan sponsors in managing such cases. 103. Credit for employers with respect to modified safe harbor requirements (a) In general Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: 45U. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements (a) General rule For purposes of section 38, in the case of a small employer, the safe harbor adoption credit determined under this section for any taxable year is the amount equal to the total of the employer’s matching contributions under section 401(k)(16)(D) during the taxable year on behalf of employees who are not highly compensated employees. (b) Limitations (1) Limitation with respect to compensation The credit determined under subsection (a) with respect to contributions made on behalf of any employee shall not exceed 2 percent of the compensation of such employee for the taxable year. (2) Limitation with respect to years of participation Credit shall be determined under subsection (a) with respect to contributions made on behalf of any employee only during the first 5 years such employee participates in the qualified automatic contribution arrangement. (c) Definitions (1) In general Any term used in this section which is also used in section 401(k)(16) shall have the same meaning as when used in such section. (2) Small employer The term small employer means an eligible employer (as defined in section 408(p)(2)(C)(i)). (d) Denial of double benefit No deduction shall be allowable under this title for any contribution with respect to which a credit is allowed under this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the safe harbor adoption credit determined under section 45U. . (c) Conforming amendment Paragraph (2) of section 3511(d) is amended— (1) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively, and (2) by inserting after subparagraph (E) the following new subparagraph: (F) section 45U (safe harbor adoption credit), . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding after the item relating to section 45T the following new item: Sec. 45U. Credit for small employers with respect to modified safe harbor requirements for automatic contribution arrangements. . (e) Effective date The amendments made by this section shall apply to taxable years which include any portion of a plan year beginning after December 31, 2021. 104. Expansion of saver's credit (a) Expansion Paragraph (1) of section 25B(b) is amended by striking $32,500 both places it appears in subparagraphs (B) and (C) of paragraph (1) and inserting $40,000 . (b) Testing period Subparagraph (B) of section 25B(d)(2) is amended to read as follows: (B) Testing period For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes— (i) such taxable year, and (ii) the 3 preceding taxable years. . (c) Treatment as refundable (1) Credit moved to subpart relating to refundable credits (A) In general The Internal Revenue Code of 1986 is amended— (i) by redesignating section 25B, as amended by this Act, as section 36C; and (ii) by moving such section, as so redesignated, from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (B) Technical amendments (i) The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 25B. (ii) The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Elective deferrals and IRA contributions by certain individuals. . (2) Mandatory deposit into qualified account (A) No reduction of tax Subsection (a) of section 36C , as moved and redesignated by paragraph (1), is amended by striking against the tax imposed by this subtitle . (B) Deposit into qualified account Section 36C , as so moved and redesignated, is amended by adding at the end the following new subsection: (g) Deposit into qualified account (1) In general Any amount allowed as a credit under subsection (a) shall not be allowed as a credit against any tax imposed by this subtitle but instead shall be treated as an overpayment under section 6401(b) and— (A) shall be paid on behalf of the individual taxpayer to a Roth IRA or a designated Roth account (within the meaning of section 402A) under an applicable retirement plan designated by the individual to be invested in a manner designated by the individual, except that in the case of a joint return each spouse shall be entitled to designate an applicable retirement plan and investments with respect to payments attributable to such spouse, or (B) in the case of a taxpayer who does not properly designate an applicable retirement plan in a timely manner or who designates an applicable retirement plan which does not accept such amount in a timely manner, shall be paid or credited on behalf of the individual taxpayer in a manner determined under rules prescribed by the Secretary which provides treatment comparable to the treatment under subparagraph (A) and which— (i) is designed to maintain fees and other charges at an appropriately low level taking into account the size of the account balance, and (ii) utilizes, to the extent appropriate, private sector services. (2) Applicable retirement plan For purposes of this subsection, the term applicable retirement plan means a plan which elects to accept deposits under this subsection and which is described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B) or in section 408A(b). (3) Treatment of payments In the case of any payment under this subsection— (A) except as otherwise provided in this section or by the Secretary under regulations, such payment shall be treated in the same manner as a payment made by the individual on whose behalf such payment was made, (B) such payment shall not be treated as income to the taxpayer, and (C) such payment shall not be taken into account with respect to any applicable limitation under section 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2), 414(v)(2), 415(c), or 457(b)(2). (4) Treatment of qualified plans, etc A plan or arrangement to which a payment is made under this subsection shall not be treated as violating any requirement under section 401, 403, 408, or 457 solely by reason of accepting such payment. (5) Erroneous credits If any payment is erroneously paid under this subsection, the amount of such erroneous payment shall be treated as an underpayment of tax. . (d) Regulation and promotion The Secretary of the Treasury (or the Secretary's delegate) shall take such steps as the Secretary (or delegate) determines are necessary and appropriate to increase public awareness of the credit provided under section 36C of the Internal Revenue Code of 1986 (as amended and redesignated by this section). (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 105. Modification of participation requirements for long-term, part-time workers (a) Participation requirement Clause (ii) of section 401(k)(2)(D) is amended by striking 3 consecutive and inserting 2 consecutive . (b) Special rules Subclause (II) of section 401(k)(15)(B)(i) is amended by striking subsection (a)(4), paragraphs (3), (12), and (13) and inserting paragraphs (3), (12), (13), and (16), subsection (a)(4) . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of section 112 of the Setting Every Community Up for Retirement Enhancement Act of 2019. 106. Separate application of top heavy rules to defined contribution plans covering excludible employees (a) In general Paragraph (2) of section 416(c) is amended by adding at the end the following new subparagraph: (C) Separate application to employees not meeting age and service requirements If employees not meeting the age or service requirements of section 410(a)(1) (without regard to subparagraph (B) thereof) are covered under a plan of the employer which meets the requirements of paragraphs (A) and (B) separately with respect to such employees, such employees may be excluded from consideration in determining whether any plan of the employer meets the requirements of subparagraphs (A) and (B). . (b) Effective date The amendment made by subsection (a) shall apply to plan years beginning after the date of the enactment of this Act. 107. 60-day rollover to inherited individual retirement plan of nonspouse beneficiary (a) In general Section 402(c)(11) is amended by redesignating subparagraph (B) as subparagraph (C) and by striking subparagraph (A) and inserting the following: (A) In general If— (i) any portion of a distribution attributable to an employee is paid after the death of the employee to an individual who is a designated beneficiary (as defined by section 401(a)(9)(E)) of the employee and who is not the surviving spouse of the employee, and (ii) such portion is transferred or paid to an individual retirement plan in a transfer or payment meeting the requirements of subparagraph (B), the preceding provisions of this subsection shall apply to such distribution in the same manner as if the designated beneficiary were the employee. (B) Requirements for transfer of distribution The requirements of this subparagraph are met with respect to the portion of any distribution if— (i) such portion is transferred or paid to an individual retirement plan described in clause (i) or (ii) of paragraph (8)(B) established for the purposes of receiving the distribution on behalf of the designated beneficiary, (ii) such individual retirement plan is established as an inherited individual retirement account or individual retirement annuity (within the meaning of section 408(d)(3)(C)), whichever is applicable, and (iii) notice is provided to the trustee, insurance company, or other provider of the individual retirement plan that such individual retirement plan is being established as an inherited individual retirement account or individual retirement annuity. Section 401(a)(9)(B) (other than clause (iv) thereof) shall apply to such individual retirement plan. . (b) Rollover treatment for inherited accounts Section 408(d)(3)(C) is amended by adding at the end the following: (iii) Exception for qualified transfers to another inherited account Clause (i) shall not apply to any portion of a distribution from an inherited individual retirement account or inherited individual retirement annuity if such portion is paid to another such individual retirement plan or annuity, but only if the requirements of subparagraphs (A), (B), and (E) of this paragraph and the requirements of section 402(c)(11)(B) are met with respect to such transfer or payment. . (c) Effective date The amendments made by this section shall apply to distributions made after December 31, 2021. 108. Increase in age for required beginning date for mandatory distributions (a) Increase in age for required beginning date (1) In general Subclause (I) of section 401(a)(9)(C)(i) is amended to read as follows: (I) the first calendar year in which the employee attains the applicable age for such calendar year, or . (2) Special rule for owners Subclause (I) of section 401(a)(9)(C)(ii) is amended by striking in which the employee attains age 72 and inserting described in clause (i)(I) with respect to the employee . (b) Mandatory distribution age Paragraph (9) of section 401(a) is amended by inserting at the end the following new subparagraph: (J) Applicable age For purposes of this paragraph— (i) In general The applicable age is— (I) for calendar years before 2032, age 72, and (II) for calendar years after 2031, age 75. (ii) Transition rule If, as of a calendar year, an employee has not attained the applicable age with respect to such year, such employee shall be treated as not having attained the applicable age under this paragraph for such year without regard to whether, in a previous calendar year, the employee had attained the applicable age with respect to such previous calendar year. . (c) Spouse beneficiaries Subclause (I) of section 401(a)(9)(B)(iv) is amended by striking age 72 and inserting the applicable age . (d) Conforming amendment Subsection (b) of section 408 is amended by striking age 72 and inserting the applicable age determined under section 401(a)(9)(J) with respect to such individual . (e) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2021. 109. Increase in credit limitation for small employer pension plan startup costs of certain employers (a) In general Subsection (a) of section 45E is amended by inserting before the period at the end the following: (75 percent of such costs in the case of an eligible employer, as determined by substituting 25 for 100 in section 408(p)(2)(C)(i)) . (b) Conforming amendment Paragraph (2) of section 3511(d), as amended by this Act, is further amended— (1) by redesignating subparagraphs (E), (F), (G), (H), and (I) as subparagraphs (F), (G), (H), (I), and (J), respectively, and (2) by inserting after subparagraph (D) the following new subparagraph: (E) section 45E (small employer pension plan startup cost credit), . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 110. Credit for re-enrollment (a) In general Subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is further amended by adding at the end the following new section: 45V. Credit for re-enrollment provisions in plans provided by small employers (a) In general For purposes of section 38, in the case of an eligible employer, the retirement re-enrollment credit determined under this section for any taxable year is an amount equal to— (1) $500 for any taxable year occurring during the credit period, and (2) zero for any other taxable year. (b) Credit period For purposes of subsection (a)— (1) In general The credit period with respect to any eligible employer is the 3-taxable-year period beginning with the first taxable year for which the employer includes a re-enrollment provision in an eligible automatic contribution arrangement (as defined in section 414(w)(3)) in a qualified employer plan (as defined in section 4972(d)) maintained by the employer. (2) Maintenance of arrangement No taxable year with respect to an employer shall be treated as occurring within the credit period unless the provision described in paragraph (1) is included in the plan for such year. (c) Eligible employer For purposes of this section, the term eligible employer has the meaning given such term in section 408(p)(2)(C)(i). (d) Re-Enrollment provision For purposes of this section, the term re-enrollment provision means a provision of an eligible automatic contribution arrangement under which— (1) In general Each employee eligible to participate in the arrangement who is not contributing or is contributing less than the percentage applicable to an eligible employee in the first year of eligibility is treated as being in such first year of eligibility in each applicable year with respect to the employee. (2) Election out The election treated as having been made under paragraph (1) shall cease to apply with respect to any employee if such employee makes an affirmative election— (A) to not have such contributions made, or (B) to make elective contributions at a level specified in such affirmative election. (3) Applicable year every third year (A) In general For purposes of this section, the term applicable year means, with respect to an employee, such employee’s first plan year of eligibility under the arrangement, and all subsequent plan years of eligibility. (B) Exception Following any applicable year of an employee (determined after the application of this subparagraph), the plan may elect to treat the next 1 or 2 plan years as not being applicable years with respect to such employee. . (b) Credit To be part of general business credit Subsection (b) of section 38, as amended by this Act, is further amended by striking plus at the end of paragraph (33), by striking the period at the end of paragraph (34) and inserting , plus , and by adding at the end the following new paragraph: (35) in the case of an eligible employer (as defined in section 45V(c)), the retirement re-enrollment credit determined under section 45V(a). . (c) Conforming amendment Paragraph (2) of section 3511(d), as amended by this Act, is further amended— (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively, and (2) by inserting after subparagraph (G) the following new subparagraph: (H) section 45U (retirement re-enrollment credit), . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 45U the following new item: Sec. 45V. Credit for re-enrollment provisions in plans provided by small employers. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 111. Treatment of student loan payments as elective deferrals for purposes of matching contributions (a) In general Subparagraph (A) of section 401(m)(4) is amended by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting , and , and by adding at the end the following new clause: (iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment. . (b) Qualified student loan payment Paragraph (4) of section 401(m) is amended by adding at the end the following new subparagraph: (D) Qualified student loan payment The term qualified student loan payment means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only— (i) to the extent such payments in the aggregate for the year do not exceed an amount equal to— (I) the limitation applicable under section 402(g) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by (II) the elective deferrals made by the employee for such year, and (ii) if the employee certifies to the employer making the matching contribution under this paragraph that such payment has been made on such loan. For purposes of this subparagraph, the term qualified higher education expenses means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)). . (c) Matching contributions for qualified student loan payments Subsection (m) of section 401, as amended by this Act, is further amended by redesignating paragraph (14) as paragraph (15), and by inserting after paragraph (13) the following new paragraph: (14) Matching contributions for qualified student loan payments (A) In general For purposes of paragraph (4)(A)(iii), an employer contribution made to a defined contribution plan on account of a qualified student loan payment shall be treated as a matching contribution for purposes of this title if— (i) the plan provides matching contributions on account of elective deferrals at the same rate as contributions on account of qualified student loan payments, (ii) the plan provides matching contributions on account of qualified student loan payments only on behalf of employees otherwise eligible to receive matching contributions on account of elective deferrals, (iii) under the plan, all employees eligible to receive matching contributions on account of elective deferrals are eligible to receive matching contributions on account of qualified student loan payments, and (iv) the plan provides that matching contributions on account of qualified student loan payments vest in the same manner as matching contributions on account of elective deferrals. (B) Treatment for purposes of nondiscrimination rules, etc (i) Nondiscrimination rules For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). (ii) Student loan payments not treated as plan contribution Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. (iii) Matching contribution rules Solely for purposes of meeting the requirements of paragraph (11)(B), (12), or (13) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), (13)(D), or (15)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. (iv) Actual deferral percentage testing In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. (C) Employer may rely on employee certification The employer may rely on an employee certification of payment under paragraph (4)(D)(ii). . (d) Simple retirement accounts Paragraph (2) of section 408(p) is amended by adding at the end the following new subparagraph: (F) Matching contributions for qualified student loan payments (i) In general Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed— (I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by (II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. (ii) Qualified student loan payment For purposes of this subparagraph— (I) In general The term qualified student loan payment means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. (II) Qualified higher education expenses The term qualified higher education expenses has the same meaning as when used in section 401(m)(4)(D). (iii) Applicable rules Clause (i) shall apply to an arrangement only if, under the arrangement— (I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and (II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments. . (e) 403 (b) plans Subparagraph (A) of section 403(b)(12) is amended by adding at the end the following: The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(14) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder). . (f) 457 (b) plans Subsection (b) of section 457 is amended by adding at the end the following: A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely because the plan, or another plan maintained by the employer which meets the requirements of section 401(a), provides for matching contributions on account of qualified student loan payments as described in section 401(m)(14). . (g) Regulatory authority The Secretary of the Treasury (or such Secretary's delegate) shall prescribe regulations for purposes of implementing the amendments made by this section, including regulations— (1) permitting a plan to make matching contributions for qualified student loan payments, as defined in sections 401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986, as added by this section, at a different frequency than matching contributions are otherwise made under the plan, provided that the frequency is not less than annually; (2) permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan, including an annual deadline (not earlier than 3 months after the close of each plan year) by which a claim must be made; and (3) promulgating model amendments which plans may adopt to implement matching contributions on such qualified student loan payments for purposes of sections 401(m), 408(p), 403(b), and 457(b) of the Internal Revenue Code of 1986. (h) Effective date The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021. 112. Treatment of qualified retirement planning services (a) In general Subsection (m) of section 132 is amended by adding at the end the following new paragraph: (4) No constructive receipt No amount shall be included in the gross income of any employee solely because the employee may choose between any qualified retirement planning services and compensation which would otherwise be includible in the gross income of such employee. The preceding sentence shall apply to highly compensated employees only if the choice described in such sentence is available on substantially the same terms to each member of the group of employees normally provided education and information regarding the employer's qualified employer plan. . (b) Definition Paragraph (1) of section 132(m) is amended by inserting before the period the following: “, including— (A) advice regarding investments in any arrangement described in section 219(g)(5) (without regard to the last sentence thereof), and (B) retirement advice regarding investments held outside such an arrangement. . (c) Conforming amendments (1) Section 403(b)(3)(B) is amended by inserting 132(m)(4), after 132(f)(4), . (2) Section 414(s)(2) is amended by inserting 132(m)(4), after 132(f)(4), . (3) Section 415(c)(3)(D)(ii) is amended by inserting 132(m)(4), after 132(f)(4), . (d) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2021. 113. Allow additional nonelective contributions to simple plans (a) In general (1) Modification to definition Subparagraph (A) of section 408(p)(2) is amended by striking and at the end of clause (iii), by redesignating clause (iv) as clause (v), and by inserting after clause (iii) the following new clause: (iv) the employer may make nonelective contributions of a uniform percentage (up to 10 percent) of compensation for each employee who is eligible to participate in the arrangement and who has at least $5,000 of compensation from the employer for the year, and . (2) Limitation Subparagraph (A) of section 408(p)(2) is amended by adding at the end the following: The compensation taken into account under clause (iv) for any year shall not exceed the limitation in effect for such year under section 401(a)(17). . (3) Overall dollar limit on contributions Paragraph (8) of section 408(p) is amended to read as follows: (8) Coordination with maximum limitation under subsection (a) In the case of any simple retirement account, subsections (a)(1) and (b)(2) shall be applied by substituting for the dollar amount in effect under section 219(b)(1)(A) the following: the sum (but not to exceed 50 percent of the amount in effect under section 415(c)(1)(A) (except as provided in section 414(v))) of the dollar amount in effect under paragraph (2)(A)(ii) of this subsection; the employer contribution required under paragraph (2)(A)(iii) or (2)(B)(i) of this subsection, whichever is applicable; and the employer contribution made on behalf of the employee under paragraph (2)(A)(iv) of this subsection . . (b) Conforming amendments (1) Section 408(p)(2)(A)(v), as redesignated by subsection (a), is amended by striking or (iii) and inserting , (iii), or (iv) . (2) Paragraph (8) of section 408(p) is amended by inserting , the employer contribution actually made under paragraph (2)(A)(iv) of this subsection, after paragraph (2)(A)(ii) of this subsection . (3) Section 401(k)(11)(B)(i) is amended by striking and at the end of subclause (II), by redesignating subclause (III) as subclause (V), and by inserting after subclause (II) the following new subclauses: (III) the employer may make nonelective contributions of a uniform percentage (up to 10 percent) of compensation for each employee who is eligible to participate in the arrangement and who has at least $5,000 of compensation from the employer for the year, (IV) contributions on behalf of any employee for any year may not exceed 50 percent of the amount in effect under section 415(c)(1)(A) (except as provided in section 414(v)), and . (4) Section 401(k)(11)(B)(i)(V), as redesignated by paragraph (3), is amended by striking or (II) and inserting , (II), or (III) . (c) Effective date The amendments made by this section shall apply to years beginning after December 31, 2021. 114. Reform of the minimum participation rule (a) In general Subparagraph (H) of section 401(a)(26) is amended by adding at the end the following: Not later than December 31, 2022, the Secretary shall issue final regulations under which this paragraph may be applied separately to bona fide separate subsidiaries or divisions. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of enactment of this Act. 115. Expansion of Employee Plans Compliance Resolution System (a) In general Except as otherwise provided in regulations prescribed by the Secretary of the Treasury or the Secretary's delegate (referred to in this section as the Secretary ), any inadvertent failure to comply with the rules applicable under section 401(a), 403(a), 403(b), 408(p), or 408(k) of the Internal Revenue Code of 1986 may be self-corrected under the Employee Plans Compliance Resolution System (as described in Revenue Procedure 2019–19 or any successor guidance), except to the extent that such failure was identified by the Secretary prior to any actions which demonstrate a commitment to implement a self-correction. Revenue Procedure 2019–19 is deemed amended as of the date of the enactment of this Act to provide that the correction period under section 9.02 of such Revenue Procedure (or any successor provision) for an inadvertent failure is indefinite and has no last day, other than with respect to failures identified by the Secretary prior to any self-correction as described in the preceding sentence. (b) Loan error The Secretary of Labor shall treat any loan error corrected pursuant to subsection (a) as meeting the requirements of the Voluntary Fiduciary Correction Program of the Department of Labor. (c) EPCRS for IRAs The Secretary shall expand the Employee Plans Compliance Resolution System to allow custodians of individual retirement plans to address inadvertent failures for which the owner of an individual retirement plan was not at fault, including (but not limited to)— (1) waivers of the excise tax which would otherwise apply under section 4974 of the Internal Revenue Code of 1986; (2) under the self-correction component of the Employee Plans Compliance Resolution System, waivers of the 60-day deadline for a rollover where the deadline is missed for reasons beyond the reasonable control of the account owner; and (3) rules permitting a nonspouse beneficiary to return distributions to an inherited individual retirement plan described in section 408(d)(3)(C) of the Internal Revenue Code of 1986 in a case where, due to an inadvertent error by a service provider, the beneficiary had reason to believe that the distribution could be rolled over without inclusion in income of any part of the distributed amount. (d) Required minimum distribution corrections The Secretary shall expand the Employee Plans Compliance Resolution System to allow plans to which such system applies and custodians and owners of individual retirement plans to self-correct, without an excise tax, any inadvertent failures pursuant to which a distribution is made no more than 180 days after it was required to be made. (e) Additional safe harbors The Secretary shall expand the Employee Plans Compliance Resolution System (as described in Revenue Procedure 2019–19 or any successor guidance) to provide additional safe harbor means of correcting inadvertent failures described in subsection (a), including safe harbor means of calculating the earnings which must be restored to a plan in cases where plan assets have been depleted by reason of an inadvertent failure. (f) Definitions and special rules (1) Inadvertent failure For purposes of this section— (A) In general Except as provided in subparagraph (B), the term inadvertent failure means a failure that occurs despite the existence of practices and procedures which— (i) satisfy the standards set forth in section 4.04 of Revenue Procedure 2019–19 (or any successor provision); or (ii) satisfy similar standards in the case of an individual retirement plan. (B) Correction by owner of individual retirement plan In the case of a correction by an owner of an individual retirement plan under subsection (d), the term inadvertent failure means a failure due to reasonable cause. (2) Plan loan corrections In the case of an inadvertent failure relating to a loan to a participant from a plan, such failure may be self-corrected under subsection (a) according to the rules of section 6.07 of Revenue Procedure 2019–19 (or any successor provision), including the provisions related to whether a deemed distribution must be reported on Form 1099–R. 116. Enhancement of 403 (b) plans (a) In general (1) Permitted investments Subparagraph (A) of section 403(b)(7) is amended by striking the amounts are to be invested in regulated investment company stock to be held in that custodial account and inserting the amounts to be held in that custodial account are invested in regulated investment company stock or a group trust intended to satisfy the requirements of Internal Revenue Service Revenue Ruling 81–100 (or any successor guidance) . (2) Conforming amendment The heading of paragraph (7) of section 403(b) is amended by striking for regulated investment company stock . (3) Effective date The amendments made by this subsection shall apply to amounts invested after December 31, 2021. (b) Amendments to the Investment Company Act of 1940 Section 3(c)(11) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c)(11) ) is amended to read as follows: (11) Any— (A) employee's stock bonus, pension, or profit-sharing trust which meets the requirements for qualification under section 401 of the Internal Revenue Code of 1986; (B) custodial account meeting the requirements of section 403(b)(7) of such Code; (C) governmental plan described in section 3(a)(2)(C) of the Securities Act of 1933 ( 15 U.S.C. 77c(a)(2)(C) ); (D) collective trust fund maintained by a bank consisting solely of assets of one or more of such trusts, government plans, or church plans, companies or accounts that are excluded from the definition of an investment company under paragraph (14) of this subsection; (E) plan which meets the requirements of section 403(b) of the Internal Revenue Code of 1986 if— (i) such plan is subject to title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq.); (ii) any employer making such plan available agrees to serve as a fiduciary for the plan with respect to the selection of the plan’s investments among which participants can choose; or (iii) such plan is a governmental plan (as defined in section 414(d) of such Code); or (F) separate account the assets of which are derived solely from— (i) contributions under pension or profit-sharing plans which meet the requirements of section 401 of the Internal Revenue Code of 1986 or the requirements for deduction of the employer's contribution under section 404(a)(2) of such Code; (ii) contributions under governmental plans in connection with which interests, participations, or securities are exempted from the registration provisions of section 5 of the Securities Act of 1933 ( 15 U.S.C. 77e ) by section 3(a)(2)(C) of such Act ( 15 U.S.C. 77c(a)(2)(C) ); (iii) advances made by an insurance company in connection with the operation of such separate account; and (iv) contributions to a plan described in subparagraph (E). . (c) Amendments to the Securities Act of 1933 Section 3(a)(2) of the Securities Act of 1933 ( 15 U.S.C. 77c(a)(2) ) is amended— (1) by striking beneficiaries, or (D) and inserting beneficiaries, (D) a plan which meets the requirements of section 403(b) of such Code if (i) such plan is subject to title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq.), (ii) any employer making such plan available agrees to serve as a fiduciary for the plan with respect to the selection of the plan’s investments among which participants can choose, or (iii) such plan is a governmental plan (as defined in section 414(d) of such Code), or (E) ; (2) by striking (C), or (D) and inserting (C), (D), or (E) ; and (3) by striking (iii) which is a plan funded and inserting (iii) in the case of a plan not described in subparagraph (D), which is a plan funded . (d) Amendments to the Securities Exchange Act of 1934 Section 3(a)(12)(C) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(12)(C) ) is amended— (1) by striking or (iv) and inserting (iv) a plan which meets the requirements of section 403(b) of such Code if (I) such plan is subject to title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq.), (II) any employer making such plan available agrees to serve as a fiduciary for the plan with respect to the selection of the plan’s investments among which participants can choose, or (III) such plan is a governmental plan (as defined in section 414(d) of such Code), or (v) ; (2) by striking (ii), or (iii) and inserting (ii), (iii), or (iv) ; and (3) by striking (II) is a plan funded and inserting (II) in the case of a plan not described in clause (iv), is a plan funded . 117. Eligibility for participation in retirement plans An individual shall not be precluded from participating in an eligible deferred compensation plan by reason of having received a distribution under section 457(e)(9) of the Internal Revenue Code of 1986, as in effect prior to the enactment of the Small Business Job Protection Act of 1996. 118. Small immediate financial incentives for contributing to a plan (a) In general Subparagraph (A) of section 401(k)(4) is amended by inserting (other than a de minimis financial incentive) after any other benefit . (b) Section 403 (b) plans Subparagraph (A) of section 403(b)(12), as amended by this Act, is further amended by adding at the end the following: A plan shall not fail to satisfy clause (ii) solely by reason of the offering of a de minimis financial incentive for employees to elect to have the employer make contributions pursuant to a salary reduction agreement. . (c) Exemption from prohibited transaction rules Subsection (d) of section 4975 is amended by striking or at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting , or , and by adding at the end the following new paragraph: (24) the provision of a de minimis financial incentive described in section 401(k)(4)(A) or 403(b)(12)(A). . (d) Amendment of Employee Retirement Income Security Act of 1974 Subsection (b) of section 408 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1108(b) ) is amended by adding at the end the following new paragraph: (21) The provision of a de minimis financial incentive described in section 401(k)(4)(A) or 403(b)(12)(A) of the Internal Revenue Code of 1986. . (e) Effective date The amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. 119. Indexing IRA catch-up limit (a) In general Subparagraph (C) of section 219(b)(5) is amended by adding at the end the following new clause: (iii) Indexing of catch-up limitation In the case of any taxable year beginning in a calendar year after 2022, the $1,000 amount under subparagraph (B)(ii) 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 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. If any amount after adjustment under the preceding sentence is not a multiple of $200, such amount shall be rounded to the next lower multiple of $200. . (b) Effective date The amendments made by this section shall apply to years beginning after December 31, 2022. 120. Higher catch-up limit to apply at age 60 (a) In general (1) Plans other than simple plans Section 414(v)(2)(B)(i) is amended by inserting the following before the period: ($10,000, in the case of an eligible participant who has attained age 60 before the close of the taxable year) . (2) Simple plans Section 414(v)(2)(B)(ii) is amended by inserting the following before the period: ($5,000, in the case of an eligible participant who has attained age 60 before the close of the taxable year) . (b) Cost-of-Living adjustments Subparagraph (C) of section 414(v)(2) is amended by adding at the end the following: In the case of a year beginning after December 31, 2022, the Secretary shall adjust annually the $10,000 amount in subparagraph (B)(i) and the $5,000 amount in subparagraph (B)(ii) for increases in the cost-of-living at the same time and in the same manner as adjustments under the preceding sentence; except that the base period taken into account shall be the calendar quarter beginning July 1, 2021. . (c) Effective date The amendments made by this section shall apply to years beginning after December 31, 2021. 121. Deferral of tax for certain sales of employer stock to employee stock ownership plan sponsored by S corporation (a) In general Section 1042(c)(1)(A) is amended by striking domestic C corporation and inserting domestic corporation . (b) Effective date The amendment made by this section shall apply to sales after the date of the enactment of this Act. 122. Credit for small employers providing retirement plans for military spouses (a) In general Subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is further amended by adding at the end the following new section: 45W. Small employer provision of retirement savings for military spouses (a) In general For purposes of section 38, in the case of a covered small employer, the military spouse employee retirement plan credit determined under this section for the taxable year is an amount equal to the sum of— (1) $200 for each eligible military spouse employee who is eligible to participate in an eligible employer plan during the plan year ending with or within such taxable year, plus (2) with respect to each eligible military spouse employee participating in such plan, the lesser of— (A) the amount of employer contributions (other than any contribution described in subparagraph (B) or (C) of section 25B(d)(1) made under all eligible employer plans on behalf of such eligible military spouse during the plan year ending with or within such taxable year, or (B) $300. In the case of a defined benefit plan, the amount treated as an employer contribution under paragraph (2)(A) shall be the increase in the participant’s nonforfeitable accrued benefit (determined by using the rules of section 417(e)(3)) reduced by the amount of such increase attributable to employee contributions. (b) Eligible employer plan For purposes of this section, the term eligible employer plan means a qualified employer plan (within the meaning of section 4972(d)) in which all eligible military spouse employees of the covered small employer— (1) are eligible to participate as of the later of the first day of the first plan year of the plan or the date the employee has been employed for at least 2 months, (2) are eligible to receive matching contributions (as defined in section 401(m)) and nonelective contributions in the same manner as an employee (other than a highly compensated employee) with at least 2 years of service, and (3) are fully vested in their accrued benefit under the plan upon commencement of participation. (c) Covered small employer For purposes of this section, the term covered small employer means an eligible employer (within the meaning of section 408(p)(2)(C)(i)). (d) Eligible military spouse employee (1) In general The term eligible military spouse employee means any employee of the covered small employer who— (A) has been employed by the employer for more than 2 months, (B) is not a highly compensated employee (within the meaning of section 414(q)), and (C) makes a certification to the small employer that, as of the date such employee is hired by the employer, such employee is married to an individual who has performed service in the uniformed services (as defined in chapter 43 of title 38, United States Code) while on active duty for a period of more than 30 days (including the date such employee is hired). Any certification under subparagraph (C) shall include the servicemember's name, rank, and military branch and the employee's uniformed services identification card number. (2) Limitation An individual may not be treated as an eligible military spouse with respect to any covered small employer for more than 3 taxable years. . (b) Credit To be part of general business credit Section 38(b), as amended by this Act, is further amended by striking plus at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting , plus , and by adding at the end the following new paragraph: (36) the military spouse employee retirement plan credit determined under section 45W(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by this Act, is further amended by adding at the end the following new item: Sec. 45W. Small employer provision of retirement savings for military spouses. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. II Preservation of income 201. Qualifying longevity annuity contracts (a) In general Not later than the date which is 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall amend the regulation issued by the Department of the Treasury relating to Longevity Annuity Contracts (79 Fed. Reg. 37633 (July 2, 2014)), as follows: (1) Repeal 25-percent premium limit The Secretary (or delegate) shall amend Q&A–17(b)(3) of Treas. Reg. section 1.401(a)(9)–6 and Q&A–12(b)(3) of Treas. Reg. section 1.408–8 to eliminate the requirement that premiums for qualifying longevity annuity contracts be limited to 25 percent of an individual’s account balance, and to make such corresponding changes to the regulations and related forms as are necessary to reflect the elimination of this requirement. (2) Increase dollar limitation (A) In general The Secretary (or delegate) shall amend Q&A–17(b)(2)(i) of Treas. Reg. section 1.401(a)(9)–6 and Q&A–12(b)(2)(i) of Treas. Reg. section 1.408–8 to increase the dollar limitation on premiums for qualifying longevity annuity contracts from $125,000 to $200,000, and to make such corresponding changes to the regulations and related forms as are necessary to reflect this increase in the dollar limitation. (B) Adjustments for inflation The Secretary (or delegate) shall amend Q&A–17(d)(2)(i) of Treas. Reg. section 1.401(a)(9)–6 to provide that, in the case of calendar years beginning on or after January 1 of the second year following the year of enactment of this Act, the $200,000 dollar limitation (as increased by subparagraph (A)) will be adjusted at the same time and in the same manner as the limits are adjusted under section 415(d) of the Internal Revenue Code of 1986, except that the base period shall be the calendar quarter beginning July 1 of the year of enactment of this Act, and any increase to such dollar limitation which is not a multiple of $10,000 will be rounded to the next lowest multiple of $10,000. (3) Facilitate joint and survivor benefits The Secretary (or delegate) shall amend Q&A–17(c) of Treas. Reg. section 1.401(a)(9)–6, and make such corresponding changes to the regulations and related forms as are necessary, to provide that, in the case of a qualifying longevity annuity contract which was purchased with joint and survivor annuity benefits for the individual and the individual's spouse which were permissible under the regulations at the time the contract was originally purchased, a divorce occurring after the original purchase and before the annuity payments commence under the contract will not affect the permissibility of the joint and survivor annuity benefits or other benefits under the contract, or require any adjustment to the amount or duration of benefits payable under the contract, provided that any qualified domestic relations order (within the meaning of section 414(p) of the Internal Revenue Code of 1986) or any divorce or separation instrument (within the meaning of section 71(b)(2) of the Internal Revenue Code of 1986)— (A) provides that the former spouse is entitled to the survivor benefits under the contract; (B) does not modify the treatment of the former spouse as the beneficiary under the contract who is entitled to the survivor benefits; or (C) does not modify the treatment of the former spouse as the measuring life for the survivor benefits under the contract. (4) Permit short free look period The Secretary (or delegate) shall amend Q&A–17(a)(4) of Treas. Reg. section 1.401(a)(9)–6 to ensure that such Q&A does not preclude a contract from including a provision under which an employee may rescind the purchase of the contract within a period not exceeding 90 days from the date of purchase. (5) Facilitate indexed and variable contracts with guaranteed benefits The Secretary (or delegate) shall amend Q&A–17(d)(4) of Treas. Reg. section 1.401(a)(9)–6, and make such corresponding changes to the regulations and related forms as are necessary, to provide that an annuity contract is not treated as a contract described in such Q&A–17(a)(7) to the extent that the contract— (A) either— (i) is a variable contract under section 817(d) of the Internal Revenue Code of 1986; or (ii) is an indexed contract; (B) provides for the possibility of annuity payment increases (but not decreases) based on the investment return and market value of 1 or more segregated asset accounts (in the case of a variable contract) or based on the performance of 1 or more specified indexes (in the case of an indexed contract); (C) provides for a guaranteed minimum level of annuity payments irrespective of such investment return, market value, or performance; and (D) in the event of death before the annuity starting date, provides that any death benefit that is payable in a lump sum is equal to the premiums paid, without reduction for investment return, market value, index performance, surrender charges, market value adjustments, or any other amounts. For purposes of the preceding sentence, a downward adjustment to the dollar amount of annuity payments shall not be treated as an impermissible reduction in such payments, provided that the adjustment is made to reflect a change in annuitant that is required or permitted under the Internal Revenue Code of 1986 or regulations and the adjustment is based on reasonable actuarial assumptions. (b) Effective dates, enforcement, and interpretations (1) Effective dates (A) Paragraphs (1), (2), and (5) of subsection (a) shall be effective with respect to contracts purchased or received in an exchange on or after the date of the enactment of this Act. (B) Paragraphs (3) and (4) of subsection (a) shall be effective with respect to contracts purchased or received in an exchange on or after July 2, 2014. (2) Enforcement and interpretations Prior to the date on which the Secretary of the Treasury issues final regulations pursuant to subsection (a)— (A) the Secretary (or delegate) shall administer and enforce the law in accordance with subsection (a) and the effective dates in paragraph (1) of this subsection; and (B) taxpayers may rely upon their reasonable good faith interpretations of subsection (a). 202. Remove required minimum distribution barriers for life annuities (a) In general Paragraph (9) of section 401(a), as amended by this Act, is further amended by adding at the end the following new subparagraph: (K) Certain increases in payments under a commercial annuity Nothing in this section shall prohibit a commercial annuity (within the meaning of section 3405(e)(6)) which is issued in connection with any eligible retirement plan (within the meaning of section 402(c)(8)(B)) from providing 1 or more of the following types of payments on or after the annuity starting date: (i) Annuity payments which increase by a constant percentage, applied not less frequently than annually, at a rate which is less than 5 percent per year. (ii) A lump sum payment which— (I) results in a shortening of the payment period with respect to an annuity or a full or partial commutation of the future annuity payments, provided that such lump sum is determined using reasonable actuarial methods and assumptions, as determined in good faith by the issuer of the contract, or (II) accelerates the receipt of annuity payments which are scheduled to be received within the ensuing 12 months, regardless of whether such acceleration shortens the payment period with respect to the annuity, reduces the dollar amount of benefits to be paid under the contract, or results in a suspension of annuity payments during the period being accelerated. (iii) An amount which is in the nature of a dividend or similar distribution, provided that the issuer of the contract determines such amount based on a reasonable comparison of the actuarial factors assumed when calculating the initial annuity payments and the issuer’s experience with respect to those factors. (iv) A final payment upon death which does not exceed the excess of— (I) the total amount of the consideration paid for the annuity payments, over (II) the aggregate amount of prior distributions or payments from or under the contract. . (b) Regulations and enforcement (1) Regulations Not later than the date which is 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall amend the regulation issued by the Department of the Treasury relating to Required Distributions from Retirement Plans (69 Fed. Reg. 33288 (June 15, 2004)), and make any necessary corresponding amendments to other regulations, in order to— (A) conform such regulations to the amendments made by subsection (a), including by eliminating the types of payments described in section 401(a)(9)(K) of the Internal Revenue Code of 1986, as added by subsection (a), from the scope of the requirement in Q&A–14(c) of Treas. Reg. section 1.401(a)(9)–6 that the total future expected payments must exceed the total value being annuitized; (B) amend Q&A–14(c) of such section 1.401(a)(9)–6 to provide that a commercial annuity which provides an initial payment which is at least equal to the initial payment which would be required from an individual account pursuant to Treas. Reg. section 1.401(a)(9)–5 will be deemed to satisfy the requirement in Q&A–14(c) of such section 1.401(a)(9)–6 that the total future expected payments must exceed the total value being annuitized; and (C) amend Q&A–14(e)(3) of Treas. Reg. section 1.401(a)(9)–6 to provide that the total future expected payments under a commercial annuity are determined using the tables or other actuarial assumptions which the issuer of the contract actually uses in pricing the premiums and benefits with respect to the contract, provided that such tables or other actuarial assumptions are reasonable. (2) Effective date The modifications and amendments required under paragraph (1) shall be deemed to have been made as of the date of the enactment of this Act, and as of such date the Secretary of the Treasury (or the Secretary's delegate) shall administer and enforce the law with respect to plan years beginning before, on, or after the date of the enactment of this Act in accordance with the amendments made by subsection (a) and as though the actions which the Secretary is required to take under paragraph (1) had been taken. 203. Eliminating a penalty on partial annuitization (a) Eliminating a penalty on partial annuitization The Secretary of the Treasury (or the Secretary's delegate) shall amend the regulations under section 401(a)(9) of the Internal Revenue Code of 1986 to provide that if an employee’s benefit is in the form of an individual account under a defined contribution plan, the plan may allow the employee to elect to have the amount required to be distributed from such account under such section for a year to be calculated as the excess of the total required amount for such year over the annuity amount for such year. (b) Definitions For purposes of this section— (1) Total required amount The term total required amount , with respect to a year, means the amount which would be required to be distributed under Treas. Reg. section 1.401(a)(9)–5 for the year, determined by treating the account balance as of the last valuation date in the immediately preceding calendar year as including the value on that date of all annuity contracts which were purchased with a portion of the account and from which payments are made in accordance with Treas. Reg. section 1.401(a)(9)–6. (2) Annuity amount The term annuity amount , with respect to a year, is the total amount distributed in the year from all annuity contracts described in paragraph (1). (c) Conforming regulatory amendments The Secretary of the Treasury (or the Secretary's delegate) shall amend the regulations under sections 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Revenue Code of 1986 to conform to the amendments described in subsection (a). Such conforming amendments shall treat all individual retirement plans (as defined in section 7701(a)(37) of such Code) which an individual holds as the owner, or which an individual holds as a beneficiary of the same decedent, as one such plan for purposes of the amendments described in subsection (a). Such conforming amendments shall also treat all contracts described in section 403(b) of such Code which an individual holds as an employee, or which an individual holds as a beneficiary of the same decedent, as one such contract for such purposes. (d) Effective date The modifications and amendments required under subsections (a) and (c) shall be deemed to have been made as of the date of the enactment of this Act, and as of such date all applicable laws shall be applied in all respects as though the actions which the Secretary of the Treasury (or the Secretary's delegate) is required to take under such subsections had been taken. 204. Insurance-dedicated exchange-traded funds (a) In general Not later than the date which is 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall amend the regulation issued by the Department of the Treasury relating to Income Tax; Diversification Requirements for Variable Annuity, Endowment, and Life Insurance Contracts , 54 Fed. Reg. 8728 (March 2, 1989), and make any necessary corresponding amendments to other regulations, in order to facilitate the use of exchange-traded funds as investment options under variable contracts within the meaning of section 817(d) of the Internal Revenue Code of 1986, in accordance with subsections (b) and (c) of this section. (b) Designate certain authorized participants and market makers as eligible investors The Secretary of the Treasury (or the Secretary's delegate) shall amend Treas. Reg. section 1.817–5(f)(3) to provide that satisfaction of the requirements in Treas. Reg. section 1.817–5(f)(2)(i) with respect to an exchange-traded fund shall not be prevented by reason of beneficial interests in such a fund being held by 1 or more authorized participants or market makers. (c) Confirm that similarities to other funds are irrelevant The Secretary of the Treasury (or the Secretary's delegate) shall amend Treas. Reg. section 1.817–5(f) to confirm that, for Federal income tax purposes, a regulated investment company, partnership, or trust (including an exchange-traded fund) that satisfies the requirements of Treas. Reg. section 1.817–5(f) (2) and (3) shall not be treated as owned by the holder of a variable contract pursuant to the principles of Rev. Rul. 81–225, 1981–2 C.B. 12, merely because another regulated investment company, partnership, trust, or similar investment vehicle follows the same investment strategy, has the same investment manager, or holds the same investments. (d) Define relevant terms In amending Treas. Reg. section 1.817–5(f)(3) in accordance with subsections (b) and (c) of this section, the Secretary of the Treasury (or the Secretary's delegate) shall provide definitions consistent with the following: (1) Exchange-traded fund The term exchange-traded fund means a regulated investment company, partnership, or trust— (A) that is registered with the Securities and Exchange Commission as an open-end investment company or a unit investment trust; (B) the shares of which can be purchased or redeemed directly from the fund only by an authorized participant; and (C) the shares of which are traded throughout the day on a national stock exchange at market prices that may or may not be the same as the net asset value of the shares. (2) Authorized participant The term authorized participant means a financial institution that is a member or participant of a clearing agency registered under section 17A(b) of the Securities Exchange Act of 1934 that enters into a contractual relationship with an exchange-traded fund pursuant to which the financial institution is permitted to purchase and redeem shares directly from the fund and to sell such shares to third parties, but only if the contractual arrangement or applicable law precludes the financial institution from— (A) purchasing the shares for its own investment purposes rather than for the exclusive purpose of creating and redeeming such shares on behalf of third parties; and (B) selling the shares to third parties who are not market makers or otherwise described in Treas. Reg. section 1.817–5(f) (1) and (3). (3) Market maker The term market maker means a financial institution that is a registered broker or dealer under section 15(b) of the Securities Exchange Act of 1934 that maintains liquidity for an exchange-traded fund on a national stock exchange by being always ready to buy and sell shares of such fund on the market, but only if the financial institution is contractually or legally precluded from selling or buying such shares to or from persons who are not authorized participants or otherwise described in Treas. Reg. section 1.817–5(f) (2) and (3). (e) Effective dates, enforcement, and interpretations (1) Effective dates (A) Subsection (b), and the definitions under subsection (d), shall apply to segregated asset account investments made on or after the date of enactment of this Act. (B) Subsection (c) shall apply to taxable years beginning after December 31, 1983. (2) Enforcement and interpretations Prior to the date that the Secretary of the Treasury (or the Secretary's delegate) issues final regulations pursuant to this section— (A) the Secretary (or delegate) shall administer and enforce the law in accordance with this section and the effective dates in paragraph (1) of this subsection; and (B) taxpayers may rely upon their reasonable good faith interpretations of the preceding subsections of this section. III Simplification and clarification of retirement plan rules 301. Review and report to the Congress relating to reporting and disclosure requirements (a) Study As soon as practicable after the date of the enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Director of the Pension Benefit Guaranty Corporation (or their delegates) shall review the reporting and disclosure requirements of— (1) title I of the Employee Retirement Income Security Act of 1974 applicable to pension plans (as defined in section 3(2) of such Act); and (2) the Internal Revenue Code of 1986 applicable to qualified retirement plans (as defined in section 4974(c) of such Code, without regard to paragraphs (4) and (5) thereof). (b) Report Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Director of the Pension Benefit Guaranty Corporation (or their delegates), jointly, and after consultation with a balanced group of participant and employer representatives, shall with respect to plans referenced in subsection (a) report on the effectiveness of the applicable reporting and disclosure requirements and make such recommendations as may be appropriate to the appropriate committees of the Congress to consolidate, simplify, standardize, and improve such requirements so as to simplify reporting for such plans and ensure that plans can simply furnish and participants and beneficiaries timely receive and better understand the information they need to monitor their plans, plan for retirement, and obtain the benefits they have earned. Such report shall assess the extent to which retirement plans are retaining disclosures, work records, and plan documents that are needed to ensure accurate calculation of future benefits. To assess the effectiveness of the applicable reporting and disclosure requirements, the report shall include an analysis, based on plan data, of how participants and beneficiaries are providing preferred contact information, the methods by which plan sponsors and plans are furnishing disclosures, and the rate at which participants and beneficiaries (grouped by key demographics) are receiving, accessing, and retaining disclosures. The agencies shall conduct appropriate surveys and data collection to obtain any needed information. 302. Consolidation of defined contribution plan notices Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor and the Secretary of the Treasury (or such Secretaries' delegates) shall adopt regulations providing that a plan may, but is not required to, consolidate 2 or more of the notices required under sections 404(c)(5)(B) and 514(e)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c)(5)(B) and 29 U.S.C. 1144(e)(3) ) and sections 401(k)(12)(D), 401(k)(13)(E), and 414(w)(4) of the Internal Revenue Code of 1986 into a single notice so long as the combined notice includes the required content, clearly identifies the issues addressed therein, is provided at the time and with the frequency required for each such notice, and is presented in a manner that is understandable and does not obscure or fail to highlight important points for participants and beneficiaries. 303. Performance benchmarks for asset allocation funds (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of Labor (or the Secretary's delegate) shall modify the regulations under section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 ) to provide that, in the case of a designated investment alternative which contains a mix of asset classes, a plan administrator may, but is not required to, use a benchmark which is a blend of different broad-based securities market indices if— (1) the blend is reasonably representative of the asset class holdings of the designated investment alternative; (2) for purposes of determining the blend’s returns for 1-, 5-, and 10-calendar-year periods (or for the life of the alternative, if shorter), the blend is modified at least once per year to reflect changes in the asset class holdings of the designated investment alternative; (3) the blend is presented to participants and beneficiaries in a manner that is reasonably designed to be understandable and helpful; and (4) each securities market index which is used for an associated asset class would separately satisfy the requirements of such regulations for such asset class. (b) Study Not later than December 31, 2022, the Secretary of Labor (or the Secretary's delegate) shall deliver a report to the Committees on Ways and Means and Education and Labor of the House of Representatives and the Committees on Finance and Health, Education, Labor, and Pensions of the Senate regarding the effectiveness of the benchmarking requirements under section 2550.404a–5 of title 29, Code of Federal Regulations. 304. Permit nonspousal beneficiaries to roll assets to plans (a) In general Section 402(c) is amended by adding at the end the following new paragraph: (12) Distributions to qualified plan of nonspouse beneficiary If, with respect to any portion of a distribution from an eligible retirement plan described in clause (iii), (iv), (v), or (vi) of paragraph (8)(B) of a deceased employee, a direct trustee-to-trustee transfer is made to another such plan of an individual who is a designated beneficiary (as defined by section 401(a)(9)(E)) of the employee and who is not the surviving spouse of the employee— (A) the transfer shall be treated as an eligible rollover distribution, and (B) section 401(a)(9)(B) (other than clause (iv) thereof) shall apply to such plan. . (b) Conforming amendments – (1) 403 (a) plans Subparagraph (B) of section 403(a)(4) is amended by striking and (11) and (9) and inserting , (9), (11), and (12) . (2) 403 (b) plans Subparagraph (B) of section 403(b)(8) is amended by striking and (11) and inserting (11), and (12) . (3) 457 plans Subparagraph (B) of section 457(e)(16) is amended by striking and (11) and inserting (11), and (12) . (c) Effective date The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. 305. Deferral agreements (a) In general Paragraph (4) of section 457(b) of the Internal Revenue Code of 1986 is amended by inserting , or, in the case of a plan of an eligible employer described in subsection (e)(1)(A), before the date on which the compensation is (but for the deferral) available before the comma at the end. (b) Effective date The amendment made by this section shall apply to years beginning after December 31, 2021. 306. Simplifying 402 (f) notices Not later than December 31, 2022, the Secretary of the Treasury (or the Secretary's delegate), in consultation with the Secretary of Labor and the Director of the Pension Benefit Guaranty Corporation (or their delegates), shall simplify the model notices issued under section 402(f) of the Internal Revenue Code of 1986 so as to facilitate better understanding by recipients of different distribution options and corresponding tax consequences. Such model notices shall include an explanation of the effect of elections on spousal rights. 307. Permit plans to use base pay or rate of pay calculation (a) In general Not later than December 31, 2022, the Secretary of the Treasury (or the Secretary's delegate) shall modify Treasury Regulation section 1.414(s)–1(d)(3) to facilitate the use of the safe harbors in sections 401(k)(12), 401(k)(13), 401(k)(16), 401(m)(11), 401(m)(12), and 401(m)(13) of the Internal Revenue Code of 1986, and in Treasury Regulation section 1.401(a)(4)–3(b), by plans which use base pay or rate of pay in determining contributions or benefits. Such facilitation shall include increased flexibility in meeting the definition in section 414(s) of such Code in situations where the amount of overtime compensation payable in a year can vary significantly. (b) Exception The Secretary of the Treasury (or the Secretary's delegate) may make any modification under subsection (a) inapplicable to plans with respect to which, on a consistent basis, overtime is a major component of a substantial portion of the employees eligible to participate in the plan who are not highly compensated employees (as defined in section 414(q) of the Internal Revenue Code of 1986). 308. Roth SIMPLE IRAs (a) In general Section 408A(f) is amended— (1) by striking or a simple retirement account in paragraph (1); and (2) by striking or account in paragraph (2). (b) Conforming amendments Section 408A(c)(2) is amended by adding at the end the following flush sentence: In applying this paragraph to an individual on whose behalf elective employer contributions are made to a simple retirement account, the amount described in subparagraph (A) shall be increased by the amount of elective employer contributions made on behalf of the individual to such account, except to the extent that such contributions exceed the applicable dollar amount (as defined in subsection (p)(2)(E)) or cause the elective deferrals (as defined in section 402(g)(3)) on behalf of such individual to exceed the limitation under section 402(g)(1) (taking into account subparagraph (C) thereof). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 309. Reduction in excise tax on certain accumulations in qualified retirement plans (a) In general Subsection (a) of section 4974 is amended by striking 50 percent and inserting 25 percent . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2021. 310. Clarification of catch-up contributions with respect to separate lines of business (a) In general Subparagraph (B) of section 414(v)(4) is amended— (1) by striking except that a plan and inserting “except that— (i) a plan ; (2) by striking the period at the end and inserting , and ; and (3) by adding at the end the following new clause: (ii) for any year in which an employer complies with section 410(b) on the basis of separate lines of business pursuant to section 410(b)(5), the employer may apply subparagraph (A) for such year separately with respect to employees in each separate line of business. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 311. Clarification of substantially equal periodic payment rule (a) In general Paragraph (4) of section 72(t) is amended by inserting at the end the following new subparagraph: (C) Rollovers to subsequent plan If— (i) payments described in paragraph (2)(A)(iv) are being made from a qualified retirement plan, (ii) a transfer or a rollover from such qualified retirement plan of all or a portion of the taxpayer's benefit under the plan is made to another qualified retirement plan, and (iii) distributions from the transferor and transferee plans would in combination continue to satisfy the requirements of paragraph (2)(A)(iv) if they had been made only from the transferor plan, such transfer or rollover shall not be treated as a modification under subparagraph (A)(ii), and compliance with paragraph (2)(A)(iv) shall be determined on the basis of the combined distributions described in clause (iii). . (b) Nonqualified annuity contracts Paragraph (3) of section 72(q) is amended— (1) by redesignating clauses (i) and (ii) of subparagraph (B) as subclauses (I) and (II), and by moving such subclauses 2 ems to the right; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), by moving such clauses 2 ems to the right, and by adjusting the flush language at the end accordingly; (3) by striking payments .—If and inserting “ payments .— (A) In general If— ; and (4) by adding at the end the following new subparagraph: (B) Exchanges to subsequent contracts If— (i) payments described in paragraph (2)(D) are being made from an annuity contract, (ii) an exchange of all or a portion of such contract for another contract is made under section 1035, and (iii) the aggregate distributions from the contracts involved in the exchange continue to satisfy the requirements of paragraph (2)(D) as if the exchange had not taken place, such exchange shall not be treated as a modification under subparagraph (A)(ii), and compliance with paragraph (2)(D) shall be determined on the basis of the combined distributions described in clause (iii). . (c) Information reporting Section 6724 is amended by inserting at the end the following new subsection: (g) Special rule for reporting certain additional taxes No penalty shall be imposed under section 6721 or 6722 if— (1) a person makes a return or report under section 6047(d) or 408(i) with respect to any distribution, (2) such distribution is made following a rollover, transfer, or exchange described in section 72(t)(4)(C) or section 72(q)(3)(C), (3) in making such return or report the person relies upon a certification provided by the taxpayer that the distributions satisfy the requirements of section 72(t)(4)(C)(iii) or section 72(q)(3)(B)(iii), as applicable, and (4) such person does not have actual knowledge that the distributions do not satisfy such requirements. . (d) Safe harbor for annuity payments (1) Qualified retirement plans Subparagraph (A) of section 72(t)(2) is amended by adding at the end the following flush sentence: For purposes of clause (iv), periodic payments shall not fail to be treated as substantially equal merely because they are amounts received as an annuity, and such periodic payments shall be deemed to be substantially equal if they are payable over a period described in clause (iv) and satisfy the requirements applicable to annuity payments under section 401(a)(9). . (2) Other annuity contracts Paragraph (2) of section 72(q) is amended by adding at the end the following flush sentence: For purposes of subparagraph (D), periodic payments shall not fail to be treated as substantially equal merely because they are amounts received as an annuity, and such periodic payments shall be deemed to be substantially equal if they are payable over a period described in subparagraph (D) and would satisfy the requirements applicable to annuity payments under section 401(a)(9) if such requirements applied. . (e) Effective dates (1) In general The amendments made by subsections (a), (b), and (c) shall apply to transfers, rollovers, and exchanges occurring on or after the date of the enactment of this Act. (2) Annuity payments The amendment made by subsection (d) shall apply to distributions commencing on or after the date of the enactment of this Act. (3) No inference Nothing in the amendments made by this section shall be construed to create an inference with respect to the law in effect prior to the effective date of such amendments. 312. Clarification of treatment of distributions of annuity contracts (a) In general Clause (i) of section 402(e)(4)(D) is amended by inserting after section 401(c)(1). at the end of the second sentence the following: A distribution of an annuity contract from a trust or annuity plan referred to in the first sentence of this clause may be treated as a part of a lump sum distribution. . (b) Effective date The amendment made by this section shall take effect as if included in section 1401(b)(1) of the Small Business Job Protection Act of 1996. 313. Clarification regarding elective deferrals (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall amend Treas. Reg. section 1.415(c)–2(e), and make any necessary conforming amendments to other Treasury Regulations, to provide that plans may allow employees who have had a severance from employment to make deferrals or contributions described in subsection (b) with respect to payments of severance or back pay. The Secretary of the Treasury (or delegate) may provide for such other conditions on such deferrals or contributions as are necessary to carry out the purposes of this section. (b) Deferrals and contributions described The deferrals or contributions described in this subsection are— (1) elective deferrals described in subparagraph (A), (B), or (C) of section 402(g)(3) of the Internal Revenue Code of 1986 (other than elective deferrals under section 401(k)(11) of such Code); (2) elective contributions under an eligible deferred compensation plan described in section 457(b) of such Code; and (3) to the extent provided by such Secretary (or delegate), elective deferrals described in section 402(g)(3)(D) or 401(k)(11) of such Code. (c) Treatment of deferrals Except as otherwise determined by the Secretary of the Treasury (or the Secretary's delegate) to be necessary to carry out the purposes of this section, the rules described in subsection (a) shall provide that the contributions or deferrals shall, for purposes of section 457 and subchapter D of chapter 1 of subtitle A of the Internal Revenue Code of 1986, be treated as contributions or deferrals made on behalf of active employees, not on behalf of former employees. 314. Tax treatment of certain nontrade or business SEP contributions (a) In general Subparagraph (B) of section 4972(c)(6) is amended— (1) by striking 408(p)) or and inserting 408(p)), ; and (2) by inserting , or a simplified employee pension (within the meaning of section 408(k)) after 401(k)(11)) . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2019. 315. Allow certain plan transfers and mergers (a) Amendments to the Internal Revenue Code of 1986 (1) In general Section 414 is amended by adding at the end the following new subsection: (aa) Certain plan transfers and mergers (1) In general Under rules prescribed by the Secretary, no amount shall be includible in gross income by reason of— (A) a transfer of all or a portion of the account balance of a participant or beneficiary, whether or not vested, from a defined contribution plan described in section 401(a) or section 403(a) of an employer to an annuity contract described in section 403(b) of the same employer, (B) a transfer of all or a portion of the account balance of a participant or beneficiary, whether or not vested, from an annuity contract described in section 403(b) of an employer to a defined contribution plan described in section 401(a) or section 403(a) of the same employer, or (C) a merger of a defined contribution plan described in section 401(a) or section 403(a) of an employer with an annuity contract described in section 403(b) of the same employer, so long as the transfer or merger does not cause a reduction in the vested benefit or total benefit (including non-vested benefit) of any participant or beneficiary. A plan or contract shall not fail to be considered to be described in section 401(a), 403(a), or 403(b) (as applicable) merely because such plan or contract engages in a transfer or merger described in this paragraph. (2) Distributions Amounts transferred or merged pursuant to paragraph (1) shall be subject to the requirements of paragraphs (3) and (4) and to the distribution requirements under section 401(a), 403(a), or 403(b) applicable to the transferee or merged plan. (3) Spousal consent and anti-cutback protection In the case of a transfer or merger described in paragraph (1), amounts in the transferee or merged plan that are attributable to the transferor or predecessor plan shall— (A) (i) be subject to section 401(a)(11) and section 205 of the Employee Retirement Income Security Act of 1974 to the extent that such sections applied to such amounts in the transferor or predecessor plan, or (ii) be required to satisfy the requirements of section 401(a)(11)(B)(iii)(I) and section 205(b)(1)(C)(i) of the Employee Retirement Income Security Act of 1974 to the extent that such sections applied to such amounts in the transferor or predecessor plan, and (B) be treated as subject to section 411(d)(6) and section 204(g) of the Employee Retirement Income Security Act of 1974 to the extent that such amounts were subject to such sections in the transferor or predecessor plan. (4) Special rules Under rules prescribed by the Secretary, to the extent amounts transferred or merged pursuant to paragraph (1) were otherwise entitled to grandfather treatment under the transferor or predecessor plan, such amounts (and income or loss attributable thereto) shall remain entitled to such treatment under the transferee or merged plan. The rules prescribed by the Secretary shall require that such amounts be separately accounted for by the transferee or merged plan. For purposes of this paragraph, the term grandfather treatment means any special treatment under this title that is provided for prior benefits, prior periods of time, or certain individuals in connection with a change in the applicable law. (5) Consent In the case of a qualified trust described in section 401(a) or 403(a) and an annuity contract described in section 403(b) with respect to which transfers may be made only with the consent of a participant or beneficiary pursuant to the terms of such trust or contract or pursuant to applicable law, such consent requirement shall apply without regard to this subsection. Nothing in this subsection shall affect the application of contract or plan terms otherwise applicable in the case of a withdrawal from the contract or plan. . (2) Aggregation Paragraph (2) of section 414(t) is amended by inserting 414(aa), after 274(j), . (3) Technical amendment The heading of subsection (z) of section 414 is amended by striking plan and inserting church plan . (b) Amendment to the Employee Retirement Income Security Act of 1974 Section 4 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1003 ) is amended by adding at the end the following new subsection: (d) This title shall apply to any plan or contract described in section 414(aa) of the Internal Revenue Code of 1986 to the extent necessary to comply with the requirements of such section. . (c) Effective date (1) In general The amendments made by this section shall apply to transfers or mergers in years beginning after the Secretary of the Treasury (or the Secretary's delegate) prescribes rules under section 414(aa) of the Internal Revenue Code of 1986, as added by this section. (2) Rules The Secretary of the Treasury (or the Secretary's delegate) shall issue rules under section 414(aa) of the Internal Code of 1986, as so added, within 1 year after the date of the enactment of this Act. 316. Exception from required distributions where aggregate retirement savings do not exceed $100,000 (a) In general Section 401(a)(9), as amended by this Act, is further amended by adding at the end the following new subparagraph: (L) Exception from required minimum distributions during life of employee or beneficiary where assets do not exceed $100,000 (i) In general If, as of a measurement date, the aggregate value of the entire interest of an employee under all applicable eligible retirement plans does not exceed $100,000, then, with respect to any applicable eligible retirement plan of the employee, during any succeeding calendar year beginning before the next measurement date the requirements of subparagraph (A) shall not apply to the employee. (ii) Applicable eligible retirement plan For purposes of this subparagraph, the term applicable eligible retirement plan means an eligible retirement plan (as defined in section 402(c)(8)(B)) and any other plan, contract, or arrangement to which the requirements of this paragraph apply, but does not include any defined benefit plan. (iii) Measurement date (I) Initial measurement dates The initial measurement date for an employee is the last day of the calendar year preceding the earlier of— (aa) the calendar year in which the employee attains the applicable age, or (bb) the calendar year in which the employee dies. (II) Subsequent measurement dates If, in a calendar year, an employee to whom subparagraph (A) does not apply by reason of clause (i) receives contributions, rollovers, or transfers of amounts which were not previously taken into account in applying this subparagraph, then the last day of that calendar year shall be a new measurement date and a new determination shall be made as to whether clause (i) applies to such employee. (III) Special rule In the case of an employee who receives account statements at least annually with respect to a plan, the value of the employee's interest in such plan as shown on the last account statement provided to such employee for such calendar year may (at the election of the employee) be treated as the value of the employee's interest in such plan on the measurement date. If such last account statement does not include all amounts described in subclause (II) for such calendar year, the last day of the next calendar year shall be a new measurement date in accordance with subclause (II) and a new determination shall be made as to whether clause (i) applies to such employee. (iv) Determination of value For purposes of this subparagraph, the value of an employee's interest in a plan is the account balance of such plan. (v) Phase-out of exception In the case of an employee whose aggregate balance described in clause (i) as of a measurement date exceeds the dollar amount in effect under such clause by less than $10,000, the required distributions under this paragraph for calendar years beginning after such measurement date and before the next measurement date shall be equal to the amount which bears the same ratio to the required distributions otherwise determined under this paragraph as— (I) the amount by which such aggregate balance exceeds such dollar amount so in effect, bears to (II) $10,000. (vi) Cost-of-living adjustments The Secretary shall adjust annually the $100,000 amount specified in clause (i) for increases in the cost-of-living at the same time and in the same manner as adjustments under section 415(d); except that the base period shall be the calendar quarter beginning July 1, 2021, and any increase which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000. (vii) Plan reliance The plan administrator of an applicable eligible retirement plan shall be entitled to rely on a certification provided by an employee that such employee’s interest in other applicable eligible retirement plans does not prevent such employee from being described in clause (i). Any such certification shall apply to all future years in the absence of a contrary certification from the employee, and shall apply to the current year if received not later than March 1 of such current year. If no such certification is received by the plan administrator by March 1 of a year for which a required distribution is to be made under subparagraph (A), the plan administrator shall be treated as required to make the distribution required under subparagraph (A) for such year. . (b) Effective date The amendment made by this section shall apply to initial measurement dates occurring on or after December 31, 2021. 317. Hardship rules for 403 (b) plans (a) In general Section 403(b) is amended by adding at the end the following new paragraph: (15) Special rules relating to hardship withdrawals For purposes of paragraphs (7) and (11)— (A) Amounts which may be withdrawn The following amounts may be distributed upon hardship of the employee: (i) Contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D)). (ii) Qualified nonelective contributions (as defined in section 401(m)(4)(C)). (iii) Qualified matching contributions described in section 401(k)(3)(D)(ii)(I). (iv) Earnings on any contributions described in clause (i), (ii), or (iii). (B) No requirement to take available loan A distribution shall not be treated as failing to be made upon the hardship of an employee solely because the employee does not take any available loan under the plan. . (b) Conforming amendments (1) Section 403(b)(7)(A)(i)(V) is amended by striking in the case of contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D)) and inserting subject to the provisions of paragraph (15) . (2) Paragraph (11) of section 403(b), as amended by this Act, is further amended— (A) by striking in in subparagraph (B) and inserting subject to the provisions of paragraph (15), in ; and (B) by striking the last sentence. (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2021. 318. IRA preservation (a) Information made available The Secretary of the Treasury (or the Secretary's delegate) shall make available to the public the following information: (1) An overview of the laws and regulations related to individual retirement plans (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986), including— (A) limits on contributions; (B) limits on deductions for contributions; (C) rollovers; (D) minimum required distributions; (E) non-exempt prohibited transactions; and (F) tax consequences for early distributions. (2) Examples of common errors by taxpayers with respect to the laws and regulations described in paragraph (1) and instructions on how to avoid such errors. (b) Reduction in excise tax on excess contributions Section 4973 is amended by adding at the end the following new subsection: (i) Reduction of tax in certain cases (1) Reduction In the case of a taxpayer who— (A) corrects, during the correction window, an excess contribution which was made to an individual retirement plan and which resulted in imposition of a tax under paragraph (1) or (3) of subsection (a), and (B) submits a return, during the correction window, reflecting such tax (as modified by this subsection), the first and second sentences of subsection (a) shall be applied by substituting 3 percent for 6 percent each place it appears. (2) Correction window For purposes of this subsection, the term correction window means the period beginning on the date on which the tax under subsection (a) is imposed with respect to an excess contribution, and ending on the earlier of— (A) the date on which the Secretary initiates an audit, or otherwise demands payment, with respect to the excess contribution, or (B) the last day of the second taxable year that begins after the end of the taxable year in which the tax under subsection (a) is imposed. . (c) Reduction in excise tax on failures To take required minimum distributions Section 4974, as amended by this Act, is further amended by adding at the end the following new subsection: (e) Reduction of tax in certain cases (1) Reduction In the case of a taxpayer who— (A) corrects, during the correction window, a shortfall of distributions from an individual retirement plan which resulted in imposition of a tax under subsection (a), and (B) submits a return, during the correction window, reflecting such tax (as modified by this subsection), the first sentence of subsection (a) shall be applied by substituting 10 percent for 25 percent . (2) Correction window For purposes of this subsection, the term correction window means the period of time beginning on the date on which the tax under subsection (a) is imposed with respect to a shortfall of distributions from an individual retirement plan, and ending on the earlier of— (A) the date on which the Secretary initiates an audit, or otherwise demands payment, with respect to the shortfall of distributions, or (B) the last day of the second taxable year that begins after the end of the taxable year in which the tax under subsection (a) is imposed. . (d) Repeal of tax disqualification penalty (1) In general Paragraph (2) of subsection (e) of section 408 is repealed. (2) Conforming amendments (A) Section 408(e)(1) is amended by striking (2) or . (B) Sections 220(e)(2), 223(e)(2), and 530(e) are each amended by striking paragraphs (2) and (4) of section 408(e) and inserting section 408(e)(4) . (C) Section 4975(c)(3) is amended by striking the account ceases to be an individual retirement account by reason of the application of section 408(e)(2)(A) or if . (e) Statute of limitations Subsection (l) of section 6501 of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1), by inserting (other than with respect to an individual retirement plan) after section 4975 ; and (2) by adding at the end the following new paragraph: (4) Individual retirement plans For purposes of any tax imposed by section 4973, 4974, or 4975 in connection with an individual retirement plan, the return referred to in this section shall be the income tax return filed by the person on whom the tax under such section is imposed for the year in which the act (or failure to act) giving rise to the liability for such tax occurred. In the case of a person who is not required to file an income tax return for such year— (A) the return referred to in this section shall be the income tax return that such person would have been required to file but for the fact that such person was not required to file such return, and (B) the 3-year period referred to in subsection (a) with respect to the return shall be deemed to begin on the date by which the return would have been required to be filed (excluding any extension thereof). . (f) Effective date (1) In general Subject to paragraphs (2) and (3), this section and the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Transition provisions (A) In general The amendments made by this section shall apply to any determination of or affecting liability for taxes, interest, or penalties which is made on or after the date of the enactment of this Act, without regard to whether the conduct upon which the determination is based occurred before such date of enactment. (B) Calculation of correction window in certain cases In the case of an error that would have been eligible for correction under section 4973(i) or 4974(e) of the Internal Revenue Code of 1986 if tax had not been imposed under section 4973(a) or 4974(a), as the case may be, of such Code before the date of the enactment of this Act, the correction window referred to in sections 4973(i) and 4974(e) of such Code (as added by this section) shall be the period beginning on the date on which such tax was imposed and ending on the earlier of— (i) the date on which the Secretary of the Treasury (or the Secretary's delegate) initiates an audit or otherwise demands payment with respect to the conduct described in section 4973(a) or 4974(a), as the case may be, of such Code; or (ii) the last day of the second taxable year that begins after the taxable year in which the date of the enactment of this Act occurs. (3) Implementation Subsection (a) shall be implemented as soon as reasonably practicable after the enactment of this Act but in no case later than the date that is 1 year after such date of enactment. 319. Elimination of additional tax on certain distributions (a) In general Subparagraph (A) of section 72(t)(2), as amended by this Act, is further amended— (1) by striking or at the end of clause (vii); (2) by striking the period at the end of clause (viii) and inserting , or ; and (3) by inserting after clause (viii) the following new clause: (ix) attributable to withdrawal of interest or other income earned on excess contributions (as defined in section 4973(b) (without regard to the second to last sentence thereof)) to an individual retirement plan. . (b) Effective date The amendments made by this section shall apply to any determination of, or affecting, liability for taxes, interest, or penalties which is made on or after the date of the enactment of this Act, without regard to whether the act (or failure to act) upon which the determination is based occurred before such date of enactment. Notwithstanding the preceding sentence, nothing in the amendments made by this section shall be construed to create an inference with respect to the law in effect prior to the effective date of such amendments. 320. Distributions to firefighters (a) In general Subparagraph (A) of section 72(t)(10) is amended by striking 414(d)) and inserting 414(d)) or a distribution from a plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B) to an employee who provides firefighting services . (b) Conforming amendment The heading of paragraph (10) of section 72(t) is amended— (1) by striking public , and (2) by striking in governmental plans . (c) Effective date The amendments made by this section shall apply to distributions made after December 31, 2021. 321. Eliminating unnecessary plan requirements related to unenrolled participants (a) Amendment of Employee Retirement Income Security Act of 1974 (1) In general Part 1 of subtitle B of subchapter I of the Employee Retirement Income Security Act of 1974 is amended by redesignating section 111 as section 112 and by inserting after section 110 the following new section: 111. Eliminating unnecessary plan requirements related to unenrolled participants (a) In general Notwithstanding any other provision of this title, with respect to any individual account plan, no disclosure, notice, or other plan document (other than the notices and documents described in paragraphs (1) and (2)) shall be required to be furnished under this title to any unenrolled participant if the unenrolled participant receives— (1) in connection with the annual open season election period with respect to the plan or, if there is no such period, within a reasonable period prior to the beginning of each plan year, an annual reminder notice of such participant’s eligibility to participate in such plan and any applicable election deadlines under the plan; and (2) any document requested by such participant which the participant would be entitled to receive without regard to this section. (b) Unenrolled participant For purposes of this section, the term unenrolled participant means an employee who— (1) is eligible to participate in an individual account plan; (2) has received all required notices, disclosures, and other plan documents, including the summary plan description, required to be furnished under this title in connection with such participant’s initial eligibility to participate in such plan; (3) is not participating in such plan; and (4) does not have a balance in the plan. For purposes of this section, any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility. (c) Annual reminder notice For purposes of this section, the term annual reminder notice means a notice provided in accordance with section 2520.104b–1 of title 29, Code of Federal Regulations (or any successor regulation), which— (1) is furnished in connection with the annual open season election period with respect to the plan or, if there is no such period, is furnished within a reasonable period prior to the beginning of each plan year; (2) notifies the unenrolled participant of— (A) the unenrolled participant’s eligibility to participate in the plan; and (B) the key benefits under the plan and the key rights and features under the plan affecting such benefits; and (3) provides such information in a prominent manner calculated to be understood by the average participant. . (2) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by striking the item relating to section 111 and by inserting after the item relating to section 110 the following new items: Sec. 111. Eliminating unnecessary plan requirements related to unenrolled participants. Sec. 112. Repeal and effective date. . (b) Amendment of Internal Revenue Code of 1986 Section 414, as amended by this Act, is further amended by adding at the end the following new subsection: (bb) Eliminating unnecessary plan requirements related to unenrolled participants (1) In general Notwithstanding any other provision of this title, with respect to any defined contribution plan, no disclosure, notice, or other plan document (other than the notices and documents described in subparagraphs (A) and (B)) shall be required to be furnished under this title to any unenrolled participant if the unenrolled participant receives— (A) in connection with the annual open season election period with respect to the plan or, if there is no such period, within a reasonable period prior to the beginning of each plan year, an annual reminder notice of such participant’s eligibility to participate in such plan and any applicable election deadlines under the plan, and (B) any document requested by such participant which the participant would be entitled to receive without regard to this subsection. (2) Unenrolled participant For purposes of this subsection, the term unenrolled participant means an employee who— (A) is eligible to participate in a defined contribution plan, (B) has received all required notices, disclosures, and other plan documents required to be furnished under this title and the summary plan description as provided in section 104(b) of the Employee Retirement Income Security Act of 1974 in connection with such participant’s initial eligibility to participate in such plan, (C) is not participating in such plan, and (D) does not have a balance in the plan. For purposes of this subsection, any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility. (3) Annual reminder notice For purposes of this subsection, the term annual reminder notice means the notice described in section 111(c) of the Employee Retirement Income Security Act of 1974. . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2021. 322. Recovery of retirement plan overpayments (a) Overpayments under Internal Revenue Code of 1986 (1) Qualification requirements Section 414, as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: (cc) Special rules applicable to benefit overpayments (1) In general A plan shall not fail to be treated as described in clause (i), (ii), (iii), or (iv) of section 219(g)(5)(A) (and shall not fail to be treated as satisfying the requirements of section 401(a) or 403) merely because— (A) the plan fails to obtain payment from any participant, beneficiary, employer, plan sponsor, fiduciary, or other party on account of any inadvertent benefit overpayment made by the plan, or (B) the plan sponsor amends the plan to increase past or future benefit payments to affected participants and beneficiaries in order to adjust for prior inadvertent benefit overpayments. (2) Reduction in future benefit payments and recovery from responsible party Paragraph (1) shall not fail to apply to a plan merely because, after discovering a benefit overpayment, such plan— (A) reduces future benefit payments to the correct amount provided for under the terms of the plan, or (B) seeks recovery from the person or persons responsible for such overpayment. (3) Employer funding obligations Nothing in this subsection shall relieve an employer of any obligation imposed on it to make contributions to a plan to meet the minimum funding standards under sections 412 and 430 or to prevent or restore an impermissible forfeiture in accordance with section 411. (4) Observance of benefit limitations Notwithstanding paragraph (1), a plan to which paragraph (1) applies shall observe any limitations imposed on it by section 401(a)(17) or 415. The plan may enforce such limitations using any method approved by the Secretary for recouping benefits previously paid or allocations previously made in excess of such limitations. (5) Coordination with other qualification requirements The Secretary may issue regulations or other guidance of general applicability specifying how benefit overpayments and their recoupment or non-recoupment from a participant or beneficiary shall be taken into account for purposes of satisfying any requirement applicable to a plan to which paragraph (1) applies. . (2) Rollovers Section 402(c), as amended by this Act, is further amended by adding at the end the following new paragraph: (13) In the case of an inadvertent benefit overpayment from a plan to which section 414(cc)(1) applies which is transferred to an eligible retirement plan by or on behalf of a participant or beneficiary— (A) the portion of such overpayment with respect to which recoupment is not sought on behalf of the plan shall be treated as having been paid in an eligible rollover distribution if the payment would have been an eligible rollover distribution but for being an overpayment, and (B) the portion of such overpayment with respect to which recoupment is sought on behalf of the plan shall be permitted to be returned to such plan and in such case shall be treated as an eligible rollover distribution transferred to such plan by the participant or beneficiary who received such overpayment (and the plans making and receiving such transfer shall be treated as permitting such transfer). In any case in which recoupment is sought on behalf of the plan but is disputed by the participant or beneficiary who received such overpayment, such dispute shall be subject to the claims and appeals procedures of the plan that made such overpayment, such plan shall notify the plan receiving the rollover of such dispute, and the plan receiving the rollover shall retain such overpayment on behalf of the participant or beneficiary (and shall be entitled to treat such overpayment as plan assets) pending the outcome of such procedures. . (b) Overpayments under ERISA Section 206 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056 ) is amended by adding at the end the following new subsection: (h) Special rules applicable to benefit overpayments (1) General rule In the case of an inadvertent benefit overpayment by any pension plan, the responsible plan fiduciary shall not be considered to have failed to comply with the requirements of this title merely because such fiduciary determines, in the exercise of its fiduciary discretion, not to seek recovery of all or part of such overpayment from— (A) any participant or beneficiary, (B) any plan sponsor of, or contributing employer to— (i) an individual account plan, provided that the amount needed to prevent or restore any impermissible forfeiture from any participant’s or beneficiary’s account arising in connection with the overpayment is, separately from and independently of the overpayment, allocated to such account pursuant to the nonforfeitability requirements of section 203 (for example, out of the plan’s forfeiture account, additional employer contributions, or recoveries from those responsible for the overpayment), or (ii) a defined benefit pension plan subject to the funding rules in part 3 of this subtitle B, unless the responsible plan fiduciary determines, in the exercise of its fiduciary discretion, that failure to recover all or part of the overpayment faster than required under such funding rules would materially affect the plan’s ability to pay benefits due to other participants and beneficiaries, or (C) any fiduciary of the plan, other than a fiduciary (including a plan sponsor or contributing employer acting in a fiduciary capacity) whose breach of its fiduciary duties resulted in such overpayment, provided that if the plan has established prudent procedures to prevent and minimize overpayment of benefits and the relevant plan fiduciaries have followed such procedures, an inadvertent benefit overpayment will not give rise to a breach of fiduciary duty. (2) Reduction in future benefit payments and recovery from responsible party Paragraph (1) shall not fail to apply with respect to any inadvertent benefit overpayment merely because, after discovering such overpayment, the responsible plan fiduciary— (A) reduces future benefit payments to the correct amount provided for under the terms of the plan, or (B) seeks recovery from the person or persons responsible for the overpayment. (3) Employer funding obligations Nothing in this subsection shall relieve an employer of any obligation imposed on it to make contributions to a plan to meet the minimum funding standards under part 3 of this subtitle B or to prevent or restore an impermissible forfeiture in accordance with section 203. (4) Recoupment from participants and beneficiaries If the responsible plan fiduciary, in the exercise of its fiduciary discretion, decides to seek recoupment from a participant or beneficiary of all or part of an inadvertent benefit overpayment made by the plan to such participant or beneficiary, it may do so, subject to the following conditions: (A) No interest or other additional amounts (such as collection costs or fees) are sought on overpaid amounts. (B) If the plan seeks to recoup past overpayments of a non-decreasing periodic benefit by reducing future benefit payments— (i) the reduction ceases after the plan has recovered the full dollar amount of the overpayment, (ii) the amount recouped each calendar year does not exceed 10 percent of the full dollar amount of the overpayment, and (iii) future benefit payments are not reduced to below 90 percent of the periodic amount otherwise payable under the terms of the plan. Alternatively, if the plan seeks to recoup past overpayments of a non-decreasing periodic benefit through one or more installment payments, the sum of such installment payments in any calendar year does not exceed the sum of the reductions that would be permitted in such year under the preceding sentence. (C) If the plan seeks to recoup past overpayments of a benefit other than a non-decreasing periodic benefit, the plan satisfies requirements developed by the Secretary of the Treasury for purposes of this subparagraph. (D) Efforts to recoup overpayments are not made through a collection agency or similar third party and such efforts are not accompanied by threats of litigation, unless the responsible plan fiduciary reasonably believes it could prevail in a civil action brought in Federal or State court to recoup the overpayments. (E) Recoupment of past overpayments to a participant is not sought from any beneficiary of the participant, including a spouse, surviving spouse, former spouse, or other beneficiary. (F) Recoupment may not be sought if the first overpayment occurred more than 3 years before the participant or beneficiary is first notified in writing of the error. (G) A participant or beneficiary from whom recoupment is sought is entitled to contest all or part of the recoupment pursuant to the plan’s claims and appeals procedures. (H) In determining the amount of recoupment to seek, the responsible plan fiduciary may take into account the hardship that recoupment likely would impose on the participant or beneficiary. (5) Effect of culpability Subparagraphs (A) through (F) of paragraph (4) shall not apply to protect a participant or beneficiary who is culpable. For purposes of this paragraph, a participant or beneficiary is culpable if the individual bears responsibility for the overpayment (such as through misrepresentations or omissions that led to the overpayment), or if the individual knew, or had good reason to know under the circumstances, that the benefit payment or payments were materially in excess of the correct amount. Notwithstanding the preceding sentence, an individual is not culpable merely because the individual believed the benefit payment or payments were or might be in excess of the correct amount, if the individual raised that question with an authorized plan representative and was told the payment or payments were not in excess of the correct amount. With respect to a culpable participant or beneficiary, efforts to recoup overpayments shall not be made through threats of litigation, unless a lawyer for the plan could make the representations required under Rule 11 of the Federal Rules of Civil Procedure if the litigation were brought in Federal court. . (c) Effective date The amendments made by this section shall apply as of the date of the enactment of this Act. (d) Certain actions before date of enactment Plans, fiduciaries, employers, and plan sponsors are entitled to rely on— (1) a good faith interpretation of then existing administrative guidance for inadvertent benefit overpayment recoupments and recoveries that commenced before the date of enactment of this Act, and (2) determinations made before such date of enactment by the responsible plan fiduciary, in the exercise of its fiduciary discretion, not to seek recoupment or recovery of all or part of an inadvertent benefit overpayment. In the case of a benefit overpayment that occurred prior to the date of enactment of this Act, any installment payments by the participant or beneficiary to the plan or any reduction in periodic benefit payments to the participant or beneficiary, which were made in recoupment of such overpayment and which commenced prior to such date, may continue after such date. Nothing in this subsection shall relieve a fiduciary from responsibility for an overpayment that resulted from a breach of its fiduciary duties. 323. Retirement savings lost and found (a) Retirement Savings Lost and Found (1) Establishment (A) In general Not later than 3 years after the date of the enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce, in cooperation, shall establish an online searchable database (to be managed by the Pension Benefit Guaranty Corporation in accordance with section 4051 of the Employee Retirement Income Security Act of 1974) to be known as the Retirement Savings Lost and Found . The Retirement Savings Lost and Found shall— (i) allow an individual to search for information that enables the individual to locate the plan administrator of any plans with respect to which the individual is or was a participant or beneficiary, and to provide contact information for the plan administrator of any plan described in subparagraph (B); (ii) allow the Pension Benefit Guaranty Corporation to assist such an individual in locating any plan of the individual; and (iii) allow the Pension Benefit Guaranty Corporation to make any necessary changes to contact information on record for the plan administrator based on any changes to the plan due to merger or consolidation of the plan with any other plan, division of the plan into two or more plans, bankruptcy, termination, change in name of the plan, change in name or address of the plan administrator, or other causes. The Retirement Savings Lost and Found established under this paragraph shall include information reported under section 4051 of the Employee Retirement Income Security Act of 1974 and other relevant information obtained by the Pension Benefit Guaranty Corporation. (B) Plans described A plan described in this subparagraph is a plan to which the vesting standards of section 203 of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 apply. (2) Administration The Retirement Savings Lost and Found established under paragraph (1) shall provide individuals described in paragraph (1)(A) only with the ability to view contact information for the plan administrator of any plan with respect to which the individual is or was a participant or beneficiary, sufficient to allow the individual to locate the individual’s plan in order to recover any benefit owing to the individual under the plan. (3) Safeguarding participant privacy and security In establishing the Retirement Savings Lost and Found under paragraph (1), the Pension Benefit Guaranty Corporation, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce, shall take all necessary and proper precautions to ensure that individuals’ plan information maintained by the Retirement Savings Lost and Found is protected and that persons other than the individual cannot fraudulently claim the benefits to which any individual is entitled, and to allow any individual to opt out of inclusion in the Retirement Savings Lost and Found at the election of the individual. (b) Office of the Retirement Savings Lost and Found (1) In general Subtitle C of title IV of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1341 et seq.) is amended by adding at the end the following: 4051. Office of the Retirement Savings Lost and Found (a) Establishment; responsibilities of Office (1) In general Not later than 2 years after the date of the enactment of this section, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce shall establish within the corporation an Office of the Retirement Savings Lost and Found (in this section referred to as the Office ). (2) Responsibilities of Office (A) In general The Office shall— (i) carry out subsection (b) of this section; (ii) maintain the Retirement Savings Lost and Found established under section 323(a) of the Retirement Security and Savings Act of 2021 ; and (iii) perform an annual audit of plan information contained in the Retirement Savings Lost and Found and ensure that such information is current and accurate. (B) Option to contract (i) In general Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. (ii) Report The corporation shall report on the results of the analysis under clause (i) to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives. (b) Certain non-Responsive participants entitled to small benefits (1) General rule (A) Transfer to the Office of the Retirement Savings Lost and Found The administrator of a plan that is not terminated and to which section 401(a)(31)(B) of the Internal Revenue Code of 1986 applies shall transfer to the Office the amount required to be transferred under section 401(a)(31)(B)(iv) of such Code for a non-responsive participant. (B) Information and payment to the Office Upon making a transfer under subparagraph (A), the plan administrator shall provide such information and certifications as the Office shall specify, including with respect to the transferred amount and the non-responsive participant. (C) Information requirements after transfer In the event that, after a transfer is made under subparagraph (A), the relevant non-responsive participant contacts the plan administrator or the plan administrator discovers information that may assist the Office in locating the non-responsive participant, the plan administrator shall notify and provide such information as the Office shall specify to the Office. (D) Search and payment by the Office following transfer The Office shall periodically, and upon receiving information described in subparagraph (C), conduct a search for the non-responsive participant for whom the Office has received a transfer under subparagraph (A). Upon location of a non-responsive participant who claims benefits, the Office shall make a single payment to the non-responsive participant in an amount equal to the sum of— (i) the amount transferred to the Office under subparagraph (A) for such participant; and (ii) the return on the investment attributable to such amount under section 4005(j)(3). (2) Definition For purposes of this subsection, the term non-responsive participant means a participant or beneficiary of a plan described in paragraph (1)(A)— (A) who is entitled to a benefit subject to a mandatory transfer under section 401(a)(31)(B)(iii) of the Internal Revenue Code of 1986; and (B) for whom the plan has satisfied the conditions in section 401(a)(31)(B)(iv) of such Code. (3) Regulatory Authority The Office shall prescribe such regulations as are necessary to carry out the purposes of this section, including rules relating to the amount payable to the Office and the amount to be paid by the Office. (c) Information collection Within such period after the end of a plan year as the Office may by regulations prescribe, the administrator of a plan to which the vesting standards of section 203 apply shall submit the following information, and such other information as the corporation may require, to the corporation in such form as the corporation may require: (1) The information described in paragraphs (1) through (4) of section 6057(b) of the Internal Revenue Code of 1986. (2) The information described in subparagraphs (A), (B), (E), and (F) of section 6057(a)(2) of the Internal Revenue Code of 1986. (d) Effective date The requirements of subsections (b) and (c) shall apply with respect to plan years beginning after the second December 31 occurring after the date of the enactment of this section. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. . (2) Establishment of fund for transferred assets Section 4005 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1305 ) is amended by adding at the end the following: (j) (1) A ninth fund shall be established for the payment of benefits under section 4051(b)(1)(D). (2) Such fund shall be credited with the appropriate— (A) amounts transferred to the Office of the Retirement Savings Lost and Found under section 4051(b)(1)(A); and (B) earnings on investments of the fund or on assets credited to the fund. (3) Whenever the corporation determines that the moneys of any fund are in excess of current needs, it may request the investment of such amounts as it determines advisable by the Secretary of the Treasury in obligations issued or guaranteed by the United States. . (3) Conforming amendment The table of contents for the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq.) is amended by inserting after the matter relating to section 4050 the following: Sec. 4051. Certain non-responsive participants entitled to small benefits. . (c) Mandatory transfers of rollover distributions (1) Investment options (A) In general Subparagraph (B) of section 404(c)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c)(3) ) is amended by striking the period at the end and inserting “, and, to the extent the Secretary provides in guidance or regulations issued after the enactment of the Retirement Security and Savings Act of 2021 , is made to— (i) a target date or life cycle fund held under such account; (ii) as described in section 2550.404a–2 of title 29, Code of Federal Regulations, an investment product held under such account designed to preserve principal and provide a reasonable rate of return; (iii) the Office of the Retirement Savings Lost and Found in accordance with section 401(a)(31)(B)(iv) of the Internal Revenue Code of 1986 and section 323(c)(2)(A)(ii) of the Retirement Security and Savings Act of 2021 ; or (iv) such other option as the Secretary may so provide. . (B) Regulations Not later than 270 days after the date of the enactment of this Act, the Secretary of Labor shall promulgate regulations identifying the target date or life cycle funds, or specifying the characteristics of such a fund, that will be deemed to meet the requirements of section 404(c)(3)(B)(i) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c)(3)(B) ), as amended by subparagraph (A). (2) Expansion of cap; authority to transfer lesser amounts (A) Cap Sections 401(a)(31)(B)(ii) and 411(a)(11)(A) of the Internal Revenue Code of 1986 and section 203(e)(1) of the Employee Retirement Income Security Act of 1974 are each amended by striking $5,000 and inserting $6,000 . (B) Distribution of larger amounts to individual retirement plans only Section 401(a)(31)(B)(i) of such Code is amended by adding at the end the following: The Office of the Retirement Savings Lost and Found established by section 323 of the Retirement Security and Savings Act of 2021 shall not be treated as a trustee or issuer that is eligible to receive such distributions. . (C) Lesser amounts Section 401(a)(31)(B) of such Code is amended by adding at the end the following new clauses: (iii) Treatment of lesser amounts In the case of a trust which is part of an eligible plan, such trust shall not be a qualified trust under this section unless such plan provides that, if a participant in the plan separates from the service covered by the plan and the nonforfeitable accrued benefit described in clause (ii) is not in excess of $1,000, the plan administrator shall (either separately or as part of the notice under section 402(f)) notify the participant that the participant is entitled to such benefit or attempt to pay the benefit directly to the participant. (iv) Transfers to Retirement Savings Lost and Found If, after a plan administrator takes the action required under clause (iii), the participant does not— (I) within 6 months of the notification under such clause, make an election under subparagraph (A) or elect to receive a distribution of the benefit directly, or (II) accept any direct payment made under such clause within 6 months of the attempted payment, the plan administrator shall transfer the amount of such benefit to the Office of the Retirement Savings Lost and Found in accordance with section 4051(b) of the Employee Retirement Income Security Act of 1974. (v) Income tax treatment of transfers to Retirement Savings Lost and Found For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)— (I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and (II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan. . (D) Effective date The amendments made by this paragraph shall apply to vested benefits with respect to participants who separate from service connected to the plan in plan years beginning after the second December 31 occurring after the date of the enactment of this Act. (d) Better reporting for mandatory transfers (1) In general Paragraph (2) of section 6057(a) of the Internal Revenue Code of 1986 is amended— (A) in subparagraph (C)— (i) by striking during such plan year in clause (i) and inserting during the plan year immediately preceding such plan year ; (ii) by adding and at the end of clause (i); and (iii) by striking clause (iii); (B) by redesignating subparagraph (E) as subparagraph (G); (C) by striking and at the end of subparagraph (D); and (D) by inserting after subparagraph (D) the following new subparagraphs: (E) the name and taxpayer identifying number of each participant or former participant in the plan— (i) who, during the current plan year or any previous plan year, was reported under subparagraph (C), and with respect to whom the benefits described in subparagraph (C)(ii) were fully paid during the plan year, (ii) with respect to whom any amount was distributed under section 401(a)(31)(B) during the plan year, or (iii) with respect to whom a deferred annuity contract was distributed during the plan year, (F) in the case of a participant or former participant to whom subparagraph (E) applies— (i) in the case of a participant described in clause (ii) thereof, the name and address of the designated trustee or issuer described in section 401(a)(31)(B)(i) and the account number of the individual retirement plan to which the amount was distributed, and (ii) in the case of a participant described in clause (iii) thereof, the name and address of the issuer of such annuity contract and the contract or certificate number, and . (2) Rules relating to direct trustee-to-trustee transfers (A) In general Paragraph (6) of section 402(e) of such Code is amended— (i) by striking transfers .—Any and inserting “ transfers .— (A) In general Any ; and (ii) by adding at the end the following new subparagraph: (B) Notification of trustee In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section. . (B) Penalty Subsection (i) of section 6652 of such Code is amended— (i) by striking to recipients in the heading and inserting or notification ; (ii) by striking 402(f), and inserting 402(f) or a notification as required by section 402(e)(6)(B), ; and (iii) by striking such written explanation and inserting such written explanation or notification . (C) Reports Subsection (i) of section 408 of such Code is amended— (i) by redesignating subparagraphs (A) and (B) of paragraph (2) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (ii) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; and (iii) by striking as the Secretary prescribes in subparagraph (B)(ii), as so redesignated, and all that follows through a simple retirement account and inserting “as the Secretary prescribes. (3) Simple retirement accounts In the case of a simple retirement account ; (iv) by striking Reports .—The trustee of and inserting “ Reports.— (1) In general The trustee of ; (v) by striking under paragraph (2) in paragraph (3), as redesignated by clause (iii), and inserting under paragraph (1)(B) ; and (vi) by inserting after paragraph (1)(B)(ii), as redesignated by the preceding clauses, the following new paragraph: (2) Mandatory distributions In the case of an account, contract, or annuity to which a transfer under section 401(a)(31)(B) is made (including a transfer from the individual retirement plan to which the original transfer under such section was made to another individual retirement plan), the report required by this subsection for the year of the transfer and any year in which the information previously reported in subparagraph (B) changes shall— (A) identify such transfer as a mandatory distribution required by such section, (B) include the name, address, and taxpayer identifying number of the trustee or issuer of the individual retirement plan to which the amount is transferred, and (C) be filed with the Pension Benefit Guaranty Corporation as well as with the Secretary. . (3) Notification of participants upon separation Subsection (e) of section 6057 of such Code is amended by inserting , and, with respect to any benefit of the individual subject to section 401(a)(31)(B), a notice of availability of, and the contact information for, the Retirement Savings Lost and Found established under section 323(a)(1) of the Retirement Security and Savings Act of 2021 before the period at the end of the second sentence. (4) Effective date The amendments made by this subsection shall apply to distributions made in, and returns and reports relating to, years beginning after the second December 31 occurring after the date of the enactment of this Act. (e) Requirement of electronic filing (1) In general Paragraph (2) of section 6011(e) of the Internal Revenue Code of 1986 is amended— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (B) by striking regulations .—In prescribing and inserting “ regulations .— (A) In general In prescribing ; and (C) by adding at the end the following new subparagraph: (C) Exceptions Notwithstanding subparagraph (A), the Secretary shall require returns or reports required under— (i) sections 6057, 6058, and 6059, and (ii) sections 408(i), 6041, and 6047 to the extent such return or report relates to the tax treatment of a distribution from a plan, account, contract, or annuity, to be filed on magnetic media, but only with respect to persons who are required to file at least 50 returns during the calendar year which includes the first day of the plan year to which such returns or reports relate. . (2) Effective date The amendments made by this subsection shall apply to returns and reports relating to years beginning after the second December 31 occurring after the date of the enactment of this Act. (f) Rulemaking to clarify fiduciary duties (1) Request for information Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a request for information relating to the rulemaking described in paragraph (2). (2) Issuance of final rule Not later than 3 years after such date, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a final rule that defines the following: (A) The steps a plan sponsor must take to locate a deferred vested participant in order to meet its fiduciary duty under section 404 of the Employee Retirement Income Security Act of 1974 with respect to locating that participant. (B) The ongoing practices and procedures a plan sponsor must institute in order to meet such fiduciary duty with respect to maintaining up-to-date contact information on deferred vested participants. IV Defined benefit plan reforms 401. Cash balance (a) In general Section 414, as amended by this Act, is further amended by adding at the end the following new subsection: (cc) Projected interest crediting rate For purposes of this part, in the case of an applicable defined benefit plan which provides variable interest crediting rates, the interest crediting rate which is treated as in effect and as the projected interest crediting rate shall be a reasonable projection of such variable interest crediting rate, not to exceed 6 percent. . (b) Amendment of Employee Retirement Income Security Act of 1974 Section 210 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1060 ) is amended by adding at the end the following new subsection: (g) Projected interest crediting rate For purposes of this title, in the case of an applicable defined benefit plan (within the meaning of section 203(f)(3)) which provides variable interest crediting rates, the interest crediting rate which is treated as in effect and as the projected interest crediting rate shall be a reasonable projection of such variable interest crediting rate, not to exceed 6 percent. . (c) Effective date The amendments made by this section shall apply with respect to years beginning after the date of the enactment of this Act. 402. Aligning use of lookback months to determine interest rates (a) In general The Secretary of the Treasury (or the Secretary's delegate) shall modify Treasury Regulation section 1.417(e)–1(d)(10)(ii) (or any successor provision) to provide that the same rule applicable to modifications of the time for determining the applicable interest rate shall apply to modifications of the time for determining any interest rate used by a plan to the extent that the use of such interest rate is permissible under section 417(e)(3) of the Internal Revenue Code of 1986. Such modified regulations shall require that after any such modification of such time under a plan pursuant to this section, no further modifications of such time are to be permitted for 5 years with respect to such plan without the consent of the Secretary of the Treasury (or delegate). (b) Effective date The modifications and amendments required under subsection (a) shall be deemed to have been made as of the date of the enactment of this Act, and as of such date all applicable laws shall be applied in all respects as though the actions which the Secretary of the Treasury (or the Secretary's delegate) is required to take under such subsection had been taken. 403. Corrections of mortality tables (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall amend the regulation relating to Mortality Tables for Determining Present Value Under Defined Benefit Pension Plans (82 Fed. Reg. 46388 (October 5, 2017)). Under such amendment, for valuation dates occurring during or after 2022, such mortality improvement rates shall not assume future mortality improvements at any age which are greater than .78 percent. The Secretary of the Treasury (or delegate) shall by regulation modify the .78 percent figure in the preceding sentence as necessary to reflect material changes in the overall rate of improvement projected by the Social Security Administration. (b) Effective date The amendments required under subsection (a) shall be deemed to have been made as of the date of the enactment of this Act, and as of such date all applicable laws shall be applied in all respects as though the actions which the Secretary of the Treasury (or the Secretary's delegate) is required to take under such subsections had been taken. 404. Cease double-indexing the variable rate premium (a) In general Clause (ii) of section 4006(a)(3)(E) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1306(a)(3)(E)(ii) ) is amended by striking the applicable dollar amount under paragraph (8) and inserting $38 . (b) Conforming amendment Subsection (a) of section 4006 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1306(a) ) is amended by striking paragraph (8). (c) Technical amendment Clause (i) of section 4006(a)(3)(E) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1306(a)(3)(E) ) is amended by striking subparagraph (H) and inserting subparagraph (I) . (d) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2021. 405. Enhancing retiree health benefits in pension plans (a) Extension of transfers of excess pension assets to retiree health accounts Paragraph (4) of section 420(b) is amended by striking December 31, 2025 and inserting December 31, 2031 . (b) De minimis transfer rule (1) In general Subsection (e) of section 420 is amended by adding at the end the following new paragraph: (7) Special rule for de minimis transfers (A) In general In the case of a transfer of an amount which is not more than 1.75 percent of the amount determined under paragraph (2)(A) by a plan which meets the requirements of subparagraph (B), paragraph (2)(B) shall be applied by substituting 110 percent for 125 percent . (B) Two-year lookback requirement A plan is described in this subparagraph if, as of any valuation date in each of the 2 plan years immediately preceding the plan year in which the transfer occurs, the amount determined under paragraph (2)(A) with respect to such plan exceeded 110 percent of the sum of the funding target and the target normal cost determined under section 430 for such plan year. . (2) Cost maintenance period Subparagraph (D) of section 420(c)(3) is amended by striking 5 taxable years and inserting 5 taxable years (7 taxable years in the case of a transfer to which subsection (e)(7) applies) . (3) Conforming amendments (A) Excess pension assets Clause (i) of section 420(f)(2)(B) is amended— (i) by striking In general .—In and inserting “ In general .— (I) Determination In , (ii) by striking subsection (e)(2) and inserting subsection (e)(2)(B) , and (iii) by adding at the end the following new subclause: (II) Special rule for collectively bargained transfers In determining excess pension assets for purposes of a collectively bargained transfer, subsection (e)(7) shall not apply. . (B) Minimum cost Subclause (I) of section 420(f)(2)(D)(i) is amended by striking 4th year and inserting 4th year (the 6th year in the case of a transfer to which subsection (e)(7) applies) . (c) Amendment of Employee Retirement Income Security Act of 1974 (1) Definitions Section 101(e)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021(e)(3) ) is amended by striking (as in effect on the date of the enactment of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015) and inserting (as in effect on the date of the enactment of the Retirement Security and Savings Act of 2021 ) . (2) Use of assets Section 403(c)(1) of such Act ( 29 U.S.C. 1103(c)(1) ) is amended by striking (as in effect on the date of the enactment of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015) and inserting (as in effect on the date of the enactment of the Retirement Security and Savings Act of 2021 ) . (3) Exemption Section 408(b)(13) of such Act ( 29 U.S.C. 1108(b)(13) ) is amended— (A) by striking January 1, 2026 and inserting January 1, 2032 ; and (B) by striking (as in effect on the date of the enactment of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015) and inserting (as in effect on the date of the enactment of the Retirement Security and Savings Act of 2021 ) . (d) Effective date The amendments made by this section shall apply to transfers made after the date of the enactment of this Act. V Reforming plan rules to harmonize with IRA rules 501. Roth plan distribution rules (a) In general Subsection (d) of section 402A is amended by adding at the end the following new paragraph: (5) Mandatory distribution rules not to apply before death Notwithstanding sections 403(b)(10) and 457(d)(2), the following provisions shall not apply to any designated Roth account: (A) Section 401(a)(9)(A). (B) The incidental death benefit requirements of section 401(a). . (b) Effective date (1) In general Except as provided in paragraph (2), the amendment made by this section shall apply to taxable years beginning after December 31, 2021. (2) Special rule The amendment made by this section shall not apply to distributions which are required with respect to years beginning before January 1, 2022, but are permitted to be paid on or after such date. 502. Distributions for charitable purposes (a) In general Section 402 is amended by adding at the end the following new subsection: (m) Distributions for charitable purposes (1) In general Gross income for any taxable year shall not include so much of the aggregate amount of qualified charitable distributions made with respect to a taxpayer during such taxable year which does not exceed the applicable amount. (2) Qualified charitable distribution For purposes of this subsection, the term qualified charitable distribution means any distribution from an eligible retirement plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B)— (A) which is made directly by the plan to an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)), and (B) which is made on or after the date that the individual on whose behalf the distribution is made has attained age 70½. A distribution shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to paragraph (1). (3) Special rules (A) In general Rules similar to the rules of subparagraphs (C) and (E) of section 408(d)(8) shall apply for purposes of this subsection. (B) Application of 72 Rules similar to the rules of section 408(d)(8)(D) shall apply for purposes of this subsection, by taking into account all amounts in the eligible retirement plan to which the taxpayer has a nonforfeitable right in lieu of all amounts in all individual retirement plans of the individual. (4) Applicable amount For purposes of this subsection, the term applicable amount means the excess of— (A) $100,000, over (B) the total amount of any distributions not includible in gross income of the taxpayer for the taxable year by reason of sections 403(b)(16), 408(d)(8), and 457(e)(19). . (b) SEPs and SIMPLEs Subparagraph (B) of section 408(d)(8) is amended by striking (other than a plan described in subsection (k) or (p)) . (c) 403 (b) plans Section 403(b), as amended by this Act, is further amended by adding at the end the following new paragraph: (16) Distributions for charitable purposes The rules of section 402(m) shall apply to distributions under an annuity contract described in this subsection. . (d) 457 (b) plans Subsection (e) of section 457 is amended by adding at the end the following new paragraph: (19) Distributions for charitable purposes The rules of section 402(m) shall apply to distributions under an eligible deferred compensation plan established and maintained by an employer described in subsection (e)(1)(A). . (e) Effective date The amendments made by this section shall apply to distributions made after December 31, 2021. 503. Surviving spouse election to be treated as employee (a) In general Clause (iv) of section 401(a)(9)(B) is amended— (1) by inserting or at the election of the surviving spouse, after begin, in subclause (II); and (2) by adding at the end the following flush sentence: An election described in subclause (II) shall be made at such time and in such manner as prescribed by the Secretary, shall include a timely notice to the plan administrator, and once made may not be revoked except with the consent of the Secretary. . (b) Effective date The amendment made by this section shall apply to distributions with respect to employees who die after December 31, 2021. 504. Rollovers from Roth IRAs to plans (a) In general Subparagraph (B) of section 402A(c)(3) is amended by striking shall not and inserting or, in the case of a rollover from a Roth IRA, under section 408 shall not . (b) Regulations The Secretary of the Treasury (or the Secretary's delegate) shall amend the regulations with respect to rollovers from Roth IRAs to permit such rollovers to be made to an applicable retirement plan (as defined in section 402A(e)(1) of the Internal Revenue Code of 1986) in accordance with the amendment made by subsection (a). (c) Effective date (1) In general The amendment made by subsection (a) shall apply to distributions made after December 31, 2021. (2) Effective date The modifications and amendments required under subsection (b) shall be deemed to have been made as of January 1, 2022, and as of such date all applicable laws shall be applied in all respects as though the actions which the Secretary of the Treasury (or the Secretary's delegate) is required to take under such subsection had been taken. VI Administrative provisions 601. Provisions relating to plan amendments (a) In general If this section applies to any retirement plan or contract amendment— (1) such retirement plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A); and (2) except as provided by the Secretary of the Treasury (or the Secretary's delegate), such retirement plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 and section 204(g) of the Employee Retirement Income Security Act of 1974 by reason of such amendment. (b) Amendments to which section applies (1) In general This section shall apply to any amendment to any retirement plan or annuity contract which is made— (A) pursuant to any amendment made by this Act or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor (or a delegate of either such Secretary) under this Act; and (B) on or before the last day of the first plan year beginning on or after January 1, 2023. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), this paragraph shall be applied by substituting 2025 for 2023 . (2) Conditions This section shall not apply to any amendment unless— (A) during the period— (i) beginning on the date the legislative or regulatory amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan); and (ii) ending on the date described in paragraph (1)(B) (as modified by the second sentence of paragraph (1)) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (B) such plan or contract amendment applies retroactively for such period. (c) Coordination with other provisions relating to plan amendments (1) SECURE Act Section 601(b)(1) of the Setting Every Community Up for Retirement Enhancement Act of 2019 is amended— (A) by striking January 1, 2022 in subparagraph (B) and inserting January 1, 2023 , and (B) by striking substituting 2024 for 2022 . in the flush matter at the end and inserting substituting 2025 for 2023 . . (2) CARES Act (A) Special rules for use of retirement funds Section 2202(c)(2)(A) of the CARES Act is amended by striking January 1, 2022 in clause (ii) and inserting January 1, 2023 . (B) Temporary waiver of required minimum distributions rules for certain retirement plans and accounts Section 2203(c)(2)(B)(i) of the CARES Act is amended— (i) by striking January 1, 2022 in subclause (II) and inserting January 1, 2023 , and (ii) by striking substituting 2024 for 2022 . in the flush matter at the end and inserting substituting 2025 for 2023 . . (C) Taxpayer Certainty and Disaster Tax Relief Act of 2020 Section 302(d)(2)(A) of the Taxpayer Certainty and Disaster Tax Relief Act of 2020 is amended by striking January 1, 2022 in clause (ii) and inserting January 1, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s1770is/xml/BILLS-117s1770is.xml |
117-s-1771 | II 117th CONGRESS 1st Session S. 1771 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Cotton (for himself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize reference to the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, as the National Cold War Center .
1. Short title This Act may be cited as the National Cold War Center Act of 2021 . 2. Findings Congress makes the following findings: (1) The BAFB Cold War Museum, Inc., a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986, is responsible for the finances and management of the National Cold War Museum at Blytheville/Eaker Air Force Base in Blytheville, Arkansas. (2) The National Cold War Center, located on the Blytheville/Eaker Air Force Base, will be recognized as a major tourist attraction in Arkansas that will provide an immersive and authoritative experience in informing, interpreting, and honoring the legacy of the Cold War. (3) The Blytheville/Eaker Air Force Base has the only intact, publicly accessible Alert Facility and Weapons Storage Facility in the United States. (4) There is an urgent need to preserve the stories, artifacts, and heroic achievements of the Cold War. (5) The United States has a need to preserve forever the knowledge and history of the United Stats' achievements in the Cold War century and to portray that history to citizens, visitors, and school children for centuries to come. (6) The National Cold War Center seeks to educate a diverse group of audiences through its collection of artifacts, photographs, and firsthand personal accounts of the participants in the war on the home front. 3. Purposes The purposes of this Act are— (1) to authorize references to the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, including its future and expanded exhibits, collections, and educational programs, as the National Cold War Center ; (2) to ensure the continuing preservation, maintenance, and interpretation of the artifacts, documents, images, and history collected by the Center; (3) to enhance the knowledge of the American people of the experience of the United States during the Cold War years; (4) to provide and support a facility for the public display of the artifacts, photographs, and personal histories of the Cold War years; and (5) to ensure that all future generations understand the sacrifices made to preserve freedom and democracy, and the benefits of peace for all future generations in the 21st century and beyond. 4. Reference to America’s Cold War Center The museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, is hereby authorized to be referred to as the National Cold War Center . | https://www.govinfo.gov/content/pkg/BILLS-117s1771is/xml/BILLS-117s1771is.xml |
117-s-1772 | II 117th CONGRESS 1st Session S. 1772 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Casey (for himself, Mrs. Murray , Ms. Klobuchar , Mr. Blumenthal , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to increase survivors benefits for disabled widows, widowers, and surviving divorced spouses, and for other purposes.
1. Short title This Act may be cited as the Surviving Widow(er) Income Fair Treatment Act of 2021 , or the SWIFT Act . 2. Eligibility for unreduced survivors benefits for widows, widowers, and surviving divorced spouses with disabilities at any age (a) In general Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended— (1) in subsection (e)— (A) in paragraph (1)— (i) in subparagraph (B)(ii)— (I) by striking has attained age 50 but has not attained age 60 and ; and (II) by striking which began before the end of the period specified in paragraph (4) ; and (ii) in subparagraph (F)(ii), by striking (I) in the period specified in paragraph (4) and (II) ; (B) by amending paragraph (3) to read as follows: (3) For purposes of paragraph (1), if a widow or surviving divorced wife marries after the first month in which she satisfies subparagraphs (A) and (B) of such paragraph, such marriage shall be deemed not to have occurred. ; (C) by striking paragraph (4); and (D) in paragraph (5)(A), by amending clause (ii) to read as follows: (ii) which begins not earlier than the first day of the seventeenth month before the month in which her application is filed. ; and (2) in subsection (f)— (A) in paragraph (1)— (i) in subparagraph (B)(ii)— (I) by striking has attained age 50 but has not attained age 60 and ; and (II) by striking which began before the end of the period specified in paragraph (4) ; and (ii) in subparagraph (F)(ii), by striking (I) in the period specified in paragraph (4) and (II) ; (B) by amending paragraph (3) to read as follows: (3) For purposes of paragraph (1), if a widower or surviving divorced husband marries after the first month in which he satisfies subparagraphs (A) and (B) of such paragraph, such marriage shall be deemed not to have occurred. ; (C) by striking paragraph (4); and (D) in paragraph (5)(A), by amending clause (ii) to read as follows: (ii) which begins not earlier than the first day of the seventeenth month before the month in which his application is filed. . (b) Elimination of reduction of benefit amounts for benefits claimed by widows, widowers, and surviving divorced spouses with disabilities before retirement age Section 202(q) of the Social Security Act ( 42 U.S.C. 402(q) ) is amended— (1) in paragraph (3)(A), by striking and has attained age 62 and all that follows through widower's insurance benefit) and inserting and, in the case of a wife's or husband's insurance benefit, has attained age 62 ; (2) in paragraph (5), by adding at the end the following new subparagraph: (E) No widow's or widower's insurance benefit shall be reduced under this subsection for any month during which the individual entitled to such benefit is entitled to the benefit on the basis of paragraph (1)(B)(ii) of subsection (e) (in the case of a widow's insurance benefit) or paragraph (1)(B)(ii) of subsection (f) (in the case of a widower's insurance benefit). ; and (3) in paragraph (7)— (A) in subparagraph (E), by striking benefits, and and inserting benefits, ; (B) in subparagraph (F), by striking the period at the end and inserting , and ; and (C) by adding at the end the following new subparagraph: (G) in the case of a widow's or widower's insurance benefit— (i) any month in which there was no reduction to the benefit under this subsection pursuant to paragraph (5)(E); and (ii) any month in which there would have been no reduction to the benefit under this subsection pursuant to paragraph (5)(E) if such paragraph had been in effect for such month. . (c) Technical amendments Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended— (1) in subsection (e)— (A) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7); and (B) in paragraph (1)(F)(i), by striking (as defined in paragraph (5)) and inserting (as defined in paragraph (4)) ; and (2) in subsection (f)— (A) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7); and (B) in paragraph (1)(F)(i), by striking (as defined in paragraph (5)) and inserting (as defined in paragraph (4)) . (d) Effective date The amendments made by this section shall take effect on January 1, 2022, and shall apply to determinations of eligibility for, and the amount of, widow's and widower's insurance benefits payable on or after such date. 3. Increase in child's age limit for child-in-care benefits (a) In general Section 202(s)(1) of the Social Security Act ( 42 U.S.C. 402(s)(1) ) is amended by striking age of 16 and inserting age of 18 (or, in the case of a child who is a full-time elementary or secondary school student, 19) . (b) Effective date The amendment made by this section shall take effect on January 1, 2022, and shall apply to determinations of eligibility for, and the amount of, benefits payable on or after such date. 4. Modification of benefit limit for widows, widowers, and surviving divorced spouses; increase in benefit amount for delay in claiming benefits (a) In general Section 202 of the Social Security Act ( 42 U.S.C. 402 ), as amended by section 2, is further amended— (1) in subsection (e)(2)— (A) in subparagraph (A), by inserting subsection (aa), subsection (bb) after subsection (q), ; and (B) by amending subparagraph (D) to read as follows: (D) Subject to subsections (aa) and (bb), if the deceased individual (on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to widow's insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widow's insurance benefit of such widow or surviving divorced wife for any month shall not exceed the greater of— (i) amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (q)) for such month if such individual were still living and section 215(f)(5), 215(f)(6), or 215(f)(9)(B) were applied, where applicable; and (ii) 82 1/2 percent of the primary insurance amount (as determined without regard to subparagraph (C)) of such deceased individual. ; (2) in subsection (f)(2)— (A) in subparagraph (A), by inserting subsection (aa), subsection (bb), after subsection (q), ; and (B) by amending subparagraph (D) to read as follows: (D) Subject to subsections (aa) and (bb), if the deceased individual (on the basis of whose wages and self-employment income a widower or surviving divorced husband is entitled to widower's insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widower's insurance benefit of such widower or surviving divorced husband for any month shall not exceed the greater of— (i) amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (q)) for such month if such individual were still living and section 215(f)(5), 215(f)(6), or 215(f)(9)(B) were applied, where applicable; and (ii) 82 1/2 percent of the primary insurance amount (as determined without regard to subparagraph (C)) of such deceased individual. ; and (3) by adding at the end the following new subsections: (aa) Increase over retirement insurance benefit limit of widow's and widower's insurance benefit amounts on account of delayed receipt of benefit (1) Subject to paragraph (6), the amount of a widow's or widower's insurance benefit (other than a benefit based on a primary insurance amount determined under section 215(a)(3) as in effect in December 1978 or section 215(a)(1)(C)(i) as in effect thereafter) which is payable without regard to this subsection to an individual who is described in paragraph (7) for a month shall be increased by— (A) the applicable percentage (as determined for the individual under paragraph (5)) of such amount, multiplied by (B) the number (if any) of the increment months for such individual. (2) For purposes of this subsection, the number of increment months for any individual shall be a number equal to the total number of months beginning on or after January 1, 2022, during which— (A) the individual— (i) would have been entitled to a widow's or widower's insurance benefit except that the individual had not filed an application for such benefit; or (ii) was entitled to a widow's or widower's insurance benefit that the individual did not receive pursuant to a request under section 202(z) that such benefit not be paid; (B) the individual had attained early retirement age (as defined in section 216(l)(2)); and (C) the individual was not under a penalty imposed under section 1129A. (3) For purposes of paragraph (1), a determination of the total number of increment months for an individual shall be made each time the individual becomes entitled or re-entitled to a widow's or widower's insurance benefit or begins receiving such a benefit after a period during which the individual did not receive the benefit pursuant to a request under section 202(z) that such benefit not be paid. (4) This subsection shall be applied to a widow's or widower's insurance benefit before any reduction under this title except for the reduction under subparagraph (D) of subsection (e)(2) or (f)(2) of section 202 (as applicable). (5) For purposes of paragraph (1)(A), the applicable percentage for an individual is a percentage equal to— (A) 28.5; divided by (B) the number of months between the month in which the individual attains early retirement age (as defined in section 216(l)(2)) and the month in which the individual attains retirement age (as defined in section 216(l)(1)). (6) In no case shall the amount of a widow or widower's insurance benefit be increased under this subsection to an amount that exceeds the higher of— (A) the primary insurance amount of the deceased individual on whose wages and self-employment income the widow's or widower's insurance benefit is based; or (B) the amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (q) and, where applicable, subsection (w)) for such month if such individual were still living and section 215(f)(5), 215(f)(6), or 215(f)(9)(B) were applied, where applicable. (7) An individual described in this section is an individual who is entitled to a widow's or widower's insurance benefit that is subject to reduction under subparagraph (D) of subsection (e)(2) or (f)(2) of section 202 (as applicable). (bb) Increase in widow's and widower's insurance benefit amounts on account of delayed receipt of benefit (1) Subject to paragraph (6), the amount of a widow's or widower's insurance benefit (other than a benefit based on a primary insurance amount determined under section 215(a)(3) as in effect in December 1978 or section 215(a)(1)(C)(i) as in effect thereafter) which is payable without regard to this subsection to an individual for a month shall be increased by— (A) the applicable percentage (as determined for the individual under paragraph (5)) of such amount, multiplied by (B) the number (if any) of the increment months for such individual. (2) For purposes of this subsection, the number of increment months for any individual shall be a number equal to the total number of months beginning on or after January 1, 2022, during which— (A) the individual— (i) would have been entitled to a widow's or widower's insurance benefit except that the individual had not filed an application for such benefit; or (ii) was entitled to a widow's or widower's insurance benefit that the individual did not receive pursuant to a request under section 202(z) that such benefit not be paid; (B) the individual had attained retirement age (as defined in section 216(l)(1)); (C) the individual was not under a penalty imposed under section 1129A; and (D) the individual— (i) is not an individual described in subsection (aa)(7); or (ii) is an individual— (I) who is described in subsection (aa)(7); and (II) who, if the individual were entitled to and did receive a widower's or widower's insurance benefit for the month, would receive a benefit that would be increased under subsection (aa) to the maximum amount permissible under paragraph (6) of such subsection. (3) For purposes of paragraph (1), a determination of the total number of increment months for an individual shall be made each time the individual becomes entitled or re-entitled to a widow's or widower's insurance benefit or begins receiving such a benefit after a period during which the individual did not receive the benefit pursuant to a request under section 202(z) that such benefit not be paid. (4) This subsection shall be applied to a widow's or widower's insurance benefit— (A) after application of subsections (e)(2)(C), (f)(2)(C), and (aa) (as applicable); and (B) before any other reduction under this title. (5) For purposes of paragraph (1)(A), the applicable percentage for an individual is— (A) 1/12 of 1 percent in the case of an individual who attains early retirement age in any calendar year before 1979; (B) 1/4 of 1 percent in the case of an individual who attains early retirement age in any calendar year after 1978 and before 1987; (C) in the case of an individual who attains early retirement age in a calendar year after 1986 and before 2005, a percentage equal to the applicable percentage in effect under this subparagraph for persons who attain early retirement age in the preceding calendar year (as increased pursuant to this clause), plus 1/24 of 1 percent if the calendar year in which the individual involved attains early retirement age is not evenly divisible by 2; and (D) 2/3 of 1 percent in the case of an individual who attains early retirement age in a calendar year after 2004. (6) In no case shall the amount of a widow or widower's insurance benefit be increased under this subsection to an amount that exceeds the maximum amount to which the old age insurance benefit (as determined without regard to subsection (w)) of the individual on whose wages and self-employment income the widow's or widower's insurance benefit is based could have been increased under subsection (w). . (b) Conforming amendment Section 202(z)(1)(A) of the Social Security Act ( 42 U.S.C. 402(z)(1)(A) ) is amended— (1) in the matter preceding clause (i), by inserting and any individual who is entitled to widow's or widower's insurance benefits at any age before may request that ; and (2) in clause (ii), by inserting , or, in the case of an individual entitled to a widow's or widower's insurance benefit, the first month in which, if the individual filed an application for such benefit or requested that such benefit be resumed in such month, the amount of such benefit would be equal to the maximum amount permissible under subsection (aa)(7) before the period. (c) Effective date The amendments made by this section shall take effect on January 1, 2022, and shall apply to the determination of the amount of widow's and widower's insurance benefits payable on or after such date. 5. Holding current beneficiaries harmless (a) In general In the case of an individual who is receiving benefits or assistance under any Federal program or under any State or local program financed in whole or in part with Federal funds as of the date on which the amendments made by this Act take effect, the amount of any additional income that is attributable to an increase in benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq.) or to new eligibility for benefits under such title that results from the amendments made by this Act shall be disregarded for the purpose of determining such individual's continued eligibility for, and amount of, benefits or assistance under such Federal, State, or local program. (b) Limitation In the case of an individual described in subsection (a) who, after the date on which the amendments made by this Act take effect, ceases to be eligible for benefits or assistance under a Federal, State, or local program described in such subsection, such subsection shall not apply to such individual for purposes of such program beginning on the date that such individual ceases to be so eligible. 6. Provision of information to widows, widowers, and surviving divorced spouses (a) In general Not later than January 1, 2022, the Commissioner of Social Security shall publish a booklet containing information related to benefits available under title II of the Social Security Act to widows, widowers, and surviving divorced spouses, including information on— (1) how old-age insurance benefits and survivors insurance benefits interact with each other; (2) how to claim benefits, and how the timing of claiming benefits can impact benefit amounts; (3) the lump sum death benefit; and (4) how to contact the Social Security Administration for additional information. (b) Provision of booklet to widows, widowers, and surviving divorced spouses In the case of any individual who dies on or after January 1, 2022, the Commissioner of Social Security shall, not later than 30 days after the Social Security Administration is informed of the death of such individual, mail a copy of the booklet described in subsection (a) to each widow, widower, or surviving divorced spouse of the individual who is known to the Social Security Administration (based on the records of the Social Security Administration). | https://www.govinfo.gov/content/pkg/BILLS-117s1772is/xml/BILLS-117s1772is.xml |
117-s-1773 | II 117th CONGRESS 1st Session S. 1773 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Casey (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XI of the Social Security Act to establish internet website-based dashboards to allow the public to review information on spending for, and utilization of, prescription drugs and biologicals covered under the Medicare and Medicaid programs.
1. Short title This Act may be cited as the Prescription Drug Pricing Dashboard Act . 2. Prescription drug pricing dashboards Part A of title XI of the Social Security Act is amended by adding at the end the following new section: 1150D. Prescription drug pricing dashboards (a) In general Beginning not later than January 1, 2022, the Secretary shall establish, and annually update, internet website-based dashboards, through which beneficiaries, clinicians, researchers, and the public can review information on spending for, and utilization of, prescription drugs and biologicals (and related supplies and mechanisms of delivery) covered under each of parts B and D of title XVIII and under a State program under title XIX, including information on trends of such spending and utilization over time. (b) Medicare part B drug and biological dashboard (1) In general The dashboard established under subsection (a) for part B of title XVIII shall provide the information described in paragraph (2). (2) Information described The information described in this paragraph is the following information with respect to drug or biologicals covered under such part B: (A) The brand name and, if applicable, the generic names of the drug or biological. (B) Consumer-friendly information on the uses and clinical indications of the drug or biological. (C) The manufacturer or labeler of the drug or biological. (D) To the extent feasible, the following information: (i) Average total spending per dosage unit of the drug or biological in the most recent 2 calendar years for which data is available. (ii) The percentage change in average spending on the drug or biological per dosage unit between the most recent calendar year for which data is available and— (I) the preceding calendar year; and (II) the preceding 5 and 10 calendar years. (iii) The annual growth rate in average spending per dosage unit of the drug or biological in the most recent 5 or 10 calendar years for which data is available. (iv) Total spending for the drug or biological for the most recent calendar year for which data is available. (v) The number of beneficiaries receiving the drug or biological in the most recent calendar year for which data is available. (vi) Average spending on the drug per beneficiary for the most recent calendar year for which data is available. (E) The average sales price of the drug or biological (as determined under section 1847A) for the most recent quarter. (F) Consumer-friendly information about the coinsurance amount for the drug or biological for beneficiaries for the most recent quarter. Such information shall not include coinsurance amounts for qualified medicare beneficiaries (as defined in section 1905(p)(1)). (G) For the most recent calendar year for which data is available— (i) the 15 drugs and biologicals with the highest total spending under such part; and (ii) any drug or biological for which the average annual per beneficiary spending exceeds the gross spending for covered part D drugs at which the annual out-of-pocket threshold under section 1860D–2(b)(4)(B) would be met for the year. (H) Other information (not otherwise prohibited in law from being disclosed) that the Secretary determines would provide beneficiaries, clinicians, researchers, and the public with helpful information about drug and biological spending and utilization (including trends of such spending and utilization). (c) Medicare covered part D drug dashboard (1) In general The dashboard established under subsection (a) for part D of title XVIII shall provide the information described in paragraph (2). (2) Information described The information described in this paragraph is the following information with respect to covered part D drugs under such part D: (A) The information described in subparagraphs (A) through (D) of subsection (b)(2). (B) Information on average annual beneficiary out-of-pocket costs below and above the annual out-of-pocket threshold under section 1860D–2(b)(4)(B) for the current plan year. Such information shall not include out-of-pocket costs for subsidy eligible individuals under section 1860D–14. (C) Information on how to access resources as described in sections 1860D–1(c) and 1851(d). (D) For the most recent calendar year for which data is available— (i) the 15 covered part D drugs with the highest total spending under such part; and (ii) any covered part D drug for which the average annual per beneficiary spending exceeds the gross spending for covered part D drugs at which the annual out-of-pocket threshold under section 1860D–2(b)(4)(B) would be met for the year. (E) Other information (not otherwise prohibited in law from being disclosed) that the Secretary determines would provide beneficiaries, clinicians, researchers, and the public with helpful information about covered part D drug spending and utilization (including trends of such spending and utilization). (d) Medicaid covered outpatient drug dashboard (1) In general The dashboard established under subsection (a) for title XIX shall provide the information described in paragraph (2). (2) Information described The information described in this paragraph is the following information with respect to covered outpatient drugs under such title: (A) The information described in subparagraphs (A) through (D) of subsection (b)(2). (B) For the most recent calendar year for which data is available, the 15 covered outpatient drugs with the highest total spending under such title. (C) Other information (not otherwise prohibited in law from being disclosed) that the Secretary determines would provide beneficiaries, clinicians, researchers, and the public with helpful information about covered outpatient drug spending and utilization (including trends of such spending and utilization). (e) Data files The Secretary shall make available the underlying data for each dashboard established under subsection (a) in a machine-readable format. . | https://www.govinfo.gov/content/pkg/BILLS-117s1773is/xml/BILLS-117s1773is.xml |
117-s-1774 | II 117th CONGRESS 1st Session S. 1774 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Schatz (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To strengthen United States engagement in the Oceania region and enhance the security and resilience of allies and partners of the Oceania community, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Honoring Our Commitment to Elevate America’s Neighbor Islands and Allies Act of 2021 or the Honoring OCEANIA Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Statement of policy. Sec. 3. Oceania strategic roadmap. Sec. 4. Review of USAID programming in Oceania. Sec. 5. Oceania development finance strategy. Sec. 6. Oceania disaster preparedness. Sec. 7. Oceania infrastructure resilience program. Sec. 8. Oceania Peace Corps partnerships. Sec. 9. Oceania Youth Engagement Coordinator. Sec. 10. Improving health care access for veterans in freely associated states. Sec. 11. Public health capacity-building in Oceania. Sec. 12. Oceania Security Dialogue. Sec. 13. Oceania Restoration and Hazards Removal Program. Sec. 14. Report on countering illegal, unreported, and unregulated fishing in Oceania. Sec. 15. Oceania maritime security initiative. Sec. 16. Coordinator for displaced persons. Sec. 17. Oceania anticorruption program. Sec. 18. Imposition of sanctions with respect to corruption in Oceania. Sec. 19. Report on financial intelligence resources of the Department of the Treasury in Oceania. Sec. 20. Definitions. 2. Statement of policy It shall be the policy of the United States— (1) to elevate the countries of Oceania, including the people and the protection of their cultural, historical, and environmental resources, as a strategic priority of the United States Government in all national security and economic considerations; (2) to promote civil society, the rule of law, and democratic governance across Oceania as part of a free and open Indo-Pacific region; (3) to broaden and deepen relationships with the Freely Associated States of the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia through robust defense, diplomatic, economic, and development exchanges that promote the goals of individual states and the entire region; (4) to work with the governments of Pacific Islands countries, Australia, France, Japan, New Zealand, the Republic of Korea, and the United Kingdom to advance shared alliance goals of the Oceania region concerning health, environmental protection, disaster resilience and preparedness, illegal, unreported, and unregulated fishing (commonly referred to as IUU fishing ), maritime security, and economic development; (5) to invest in a whole-of-government United States strategy that will enhance youth engagement and advance long-term growth and development throughout Oceania, especially as it relates to protecting marine resources and fisheries, addressing the existential global climate crisis, and strengthening the resilience of countries of the Oceania region against current and future threats resulting from extreme weather and severe changes in the environment that pose a threat to livelihoods, public health, and safety; (6) to participate, wherever possible and appropriate, in existing regional organizations and international structures to support the Boe Declaration on Regional Security and advance the national security and economic goals of the United States and countries of the Oceania region; (7) to deter and combat acts of malign foreign influence and corruption aimed at undermining the political, environmental, social, and economic stability of the people and governments of countries of Oceania; (8) to improve the local capacity of the countries of Oceania to address public health challenges and improve global health security, particularly as it relates to domestic violence, substance use disorders, obesity, diabetes, and cardiovascular-related diseases, malnutrition, and endemic tropical diseases, as well as global pandemic diseases, such as coronaviruses, influenza viruses, HIV/AIDS, and the Zika virus; (9) to help the countries of Oceania access market-based private sector investments that adhere to best practices regarding transparency, debt sustainability, and environmental and social safeguards as an alternative to state-directed investments by authoritarian governments; (10) to ensure the people and communities of Oceania remain safe from the risks of old and degrading munitions hazards, marine plastics, and other marine debris that threaten health and livelihoods; and (11) to work cooperatively with all governments in Oceania to promote the dignified return of all the remains of members of the United States Armed Forces that are missing in action from previous conflicts in the Indo-Pacific region. 3. Oceania strategic roadmap (a) Oceania strategic roadmap Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategic roadmap for strengthening United States engagement with the countries specified in subsection (c) to address shared concerns and promote shared goals in pursuit of security and resiliency for the countries of Oceania. (b) Elements The strategic roadmap required by subsection (a) shall include the following: (1) An assessment of the regional goals and concerns shared by the countries specified in subsection (c), including a review of issues related to anticorruption, maritime security, environmental protection, fisheries management, foreign economic assistance and development, and disaster resilience and preparedness. (2) A review of ongoing programs and initiatives by the governments of the countries specified in subsection (c) and the United States in pursuit of those shared regional goals and concerns, including with respect to the issues described in paragraph (1). (3) A review of ongoing programs and initiatives by regional organizations and other related intergovernmental structures aimed at addressing the issues described in paragraph (1). (4) A plan for aligning United States programs and resources in pursuit of the shared regional goals and concerns with respect to the issues described in paragraph (1). (5) Recommendations for additional United States authorities, personnel, programs, or resources necessary to execute the strategic roadmap. (6) Any other elements the Secretary considers appropriate. (c) Countries specified The countries specified in this subsection are the following: (1) Australia. (2) France. (3) Japan. (4) New Zealand. (5) The Republic of Korea. (6) The United Kingdom. 4. Review of USAID programming in Oceania (a) In general The Secretary of State, in coordination with the Administrator of the United States Agency for International Development (in this section referred to as USAID ), shall include the countries of Oceania in existing strategic planning and multi-sector program evaluation processes, including the Department of State’s Integrated Country Strategies and USAID’s Country Development Cooperation Strategies, the Joint Strategic Plan, and the Journey to Self-Reliance Country Roadmaps. (b) Programmatic considerations Evaluations and considerations for countries of Oceania in the program planning and strategic development processes under subsection (a) should include— (1) descriptions of the diplomatic and development challenges of the Indo-Pacific countries of Oceania as those challenges relate to the strategic, economic, and humanitarian interests of the United States; (2) reviews of existing Department of State and USAID programs to address the diplomatic and development challenges of those countries evaluated under paragraph (1); (3) descriptions of the barriers, if any, to increasing Department of State and USAID programming to countries of Oceania, including— (A) the relative income level of the countries of Oceania relative to other regions where there is high demand for United States foreign assistance to support development needs; (B) the relative capacity of the countries of Oceania to absorb United States foreign assistance for diplomatic and development needs through partner governments and civil society institutions; and (C) any other factor that the Secretary or Administrator determines may constitute a barrier to deploying or increasing United States foreign assistance to the countries of Oceania; (4) assessments of the presence of, degree of international development by, partner country indebtedness to, and political influence of malign foreign governments, such as the Government of the People’s Republic of China, and non-state actors; (5) assessments of new foreign economic assistance modalities that could assist in strengthening United States foreign assistance in the countries of Oceania, including the deployment of technical assistance and asset recovery tools to partner governments and civil society institutions to help develop the capacity and expertise necessary to achieve self-sufficiency; (6) an evaluation of the existing budget and resource management processes for the mission and work of the Department of State and USAID with respect to programming in the countries of Oceania; (7) an explanation of how the Secretary and the Administrator will use existing programming processes, including those with respect to development of an Integrated Country Strategy, a Country Development Cooperation Strategy, the Joint Strategic Plan, and the Journey to Self-Reliance Country Roadmaps, to advance the long-term growth, governance, economic development, and resilience of the countries of Oceania; and (8) any recommendations about appropriate budgetary, resource management, and programmatic changes necessary to assist in strengthening United States foreign assistance programming in the countries of Oceania. (c) Oceania defined In this section, the term Oceania includes such independent countries of Oceania as are identified by the Secretary of State and the Administrator of the United States Agency for International Development. 5. Oceania development finance strategy (a) In general The Chief Executive Officer of the United States International Development Finance Corporation (in this section referred to as the Corporation ), in consultation with the Administrator of the United States Agency for International Development, shall establish a strategy for supporting the development goals of the countries of Oceania using market-based private investment wherever there is appropriate capacity to absorb private financing. (b) Purpose The purpose of the strategy required by subsection (a) is to ensure that the United States Government is fully utilizing existing development finance authorities to support efforts of the countries of Oceania to access market-based private investment, including authorities provided under the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9601 et seq.), and consistent with section 1412(c) of that Act ( 22 U.S.C. 9612(c) ), to support sustainability, resilience, and development. (c) Objectives In developing the strategy required by subsection (a), the Chief Executive Officer of the Corporation shall consider the following, to the maximum extent practicable: (1) How the full range of financing products and technical assistance tools available to the Corporation can be used to help counter malign foreign influence in Oceania that entraps host countries with development projects that result in high indebtedness and financial imbalance. (2) How the Corporation can create an investment portfolio that complements existing United States foreign economic assistance programs in the countries of Oceania, including specifically those activities aimed at advancing the long-term growth, governance, economic development, and resilience of the countries of Oceania. (3) How the Corporation can partner with related institutions of the governments of Australia, New Zealand, and Japan to maximize the effectiveness of United States financing products and technical assistance tools to help the countries of Oceania use market-based investment to advance economic security as it relates to the development of fifth generation and future generation telecommunications infrastructure, undersea cables, and other critical infrastructure and associated supply chains. (4) How the Corporation can create an investment portfolio that minimizes financial risk exposure to the United States Government while helping to support the sustainable development goals of the countries of Oceania. (5) How the capacity of the private sector and economic constraints of the countries in Oceania may, at times, require that investment and development are better supported by government rather than the private sector. (d) Report Not later than March 1, 2022, and annually thereafter, the Chief Executive Officer of the Corporation shall submit to the appropriate congressional committees a list of countries for which the Corporation plans to prioritize support for access to market-based private investment based on the objectives described in subsection (c) during the following 12-month period. (e) Oceania defined In this section, the term Oceania includes such independent countries of Oceania as are identified by the Chief Executive Officer of the Corporation and the Administrator of the United States Agency for International Development. 6. Oceania disaster preparedness (a) In general The Secretary of State shall develop a program to strengthen the disaster risk reduction and resilience of the countries of Oceania. (b) Goals The goals of the program required by subsection (a) are to help the countries of Oceania— (1) build national first responder capacity to anticipate, respond to, and recover from natural and man-made disasters; (2) strengthen end-to-end early warning systems to ensure the ability of emergency management and first responders to reach all communities vulnerable to natural and man-made disasters; and (3) improve community-based assistance, including through the development of community action plans, exercises, and training programs that improve local capacity to deliver first aid and emergency services. (c) Interagency coordination In developing the program required by subsection (a), the Secretary shall review best practices of, and, where appropriate, collaborate with, other United States Government agencies to strengthen the disaster risk reduction and resilience of the countries of Oceania, including— (1) the Office of Foreign Disaster Assistance of the United States Agency for International Development; (2) the Food and Nutrition Service of the Department of Agriculture; (3) the Federal Emergency Management Agency of the Department of Homeland Security; (4) the Federal Communications Commission; (5) the National Oceanic and Atmospheric Administration of the Department of Commerce; and (6) the United States Coast Guard. (d) Academic partnerships The Secretary may partner with institutions of higher education in the United States and affiliated centers of excellence that have expertise with strengthening disaster risk reduction and resilience to carry out the program required by subsection (a). (e) Report required (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the status of the program required by subsection (a) in strengthening the disaster risk reduction and resilience of the countries of Oceania. (2) Elements The report required by paragraph (1) shall include the following: (A) A review of programs that currently exist to strengthen the disaster risk reduction and resilience of the countries of Oceania, including with respect to the programs and activities of regional partners and organizations to strengthen disaster preparedness and emergency management, and a description of how those efforts have been incorporated into the program required by subsection (a). (B) An assessment of the challenges with delivering assistance to the countries of Oceania in support of the goals described in subsection (b). (C) Recommendations regarding the funding, personnel, and related resources required to address the challenges described in subparagraph (B). 7. Oceania infrastructure resilience program (a) In general The Secretary of State, in collaboration with the Secretary of Transportation, the Chief of Engineers, and the Secretary of Energy, working through the directors of the national laboratories of the Department of Energy and the Secretary of the Treasury, shall develop a program to provide frequent and meaningful technical assistance to inform the needs assessments and planning of the countries of Oceania to protect against threats to critical infrastructure. (b) Goals The goal of the program established under subsection (a) is to strengthen United States support of the countries of Oceania in assessing— (1) existing and forecasted threats to the functionality and safety of infrastructure resulting from sea-level fluctuation, salt water intrusion, extreme weather, or other severe changes in the environment, as well as cyber threats and any other security risks that disrupt essential services or threaten public health; (2) the strategies, designs, and engineering techniques for reinforcing or rebuilding failing infrastructure in ways that with withstand and maintain function in light of existing and forecasted threats to community infrastructure; (3) rate and sources of deterioration, structural deficiencies, and most pressing risks to public safety from aging and failing infrastructure; (4) priorities for infrastructure improvement, reinforcement, re-engineering, or replacement based on the significance of infrastructure to ensuring public health, safety, and economic growth; (5) risks associated with the interconnectedness of supply chains and technology, communications, and financial systems; and (6) the policy and governance needed to strengthen critical infrastructure resilience, including with respect to infrastructure financing to meet the contemporary needs of countries in Oceania. (c) Activities To achieve the purpose of the program established under subsection (a), the Secretary is encouraged to consider the following activities: (1) Educational and information sharing with the countries of Oceania that helps develop the local capacity of government and civil society leaders to evaluate localized critical infrastructure risks, interdependencies across systems, and risk-mitigation solutions. (2) Technology exchanges that provide the countries of Oceania with access to proven, cost-effective solutions for mitigating the risks associated with critical infrastructure vulnerabilities and related interdependencies. (3) Financial and budget management and related technical assistance that provide the countries of Oceania with additional capacity to access, manage, and service financing for contemporary infrastructure projects to support the resilience needs of communities in the Oceania region. 8. Oceania Peace Corps partnerships (a) In general Not later than one year after the date of the enactment of this Act, the Director of the Peace Corps shall submit to Congress a report on strategies to reasonably and safely expand the number of Peace Corps volunteers in Oceania, with the goals of— (1) expanding the presence of the Peace Corps to all currently feasible locations in Oceania; and (2) working with regional and international partners of the United States to expand the presence of Peace Corps volunteers in low-income Oceania communities in support of climate resilience initiatives. (b) Elements The report required by subsection (a) shall— (1) assess the factors contributing to the current absence of the Peace Corps and its volunteers in Oceania; and (2) examine potential remedies that include working with United States Government agencies and regional governments, including governments of United States allies— (A) to increase the health infrastructure and medical evacuation capabilities of the countries of Oceania to better support the safety of Peace Corps volunteers while in those countries; (B) to address physical safety concerns that have decreased the ability of the Peace Corps to operate in Oceania; and (C) to increase transportation infrastructure in the countries of Oceania to better support the travel of Peace Corps volunteers and their access to necessary facilities. (3) evaluate the potential to expand the deployment of Peace Corps Response volunteers to help the countries of Oceania address social, economic, and development needs of their communities that require specific professional expertise; and (4) explore potential new operational models to address safety and security needs of Peace Corps volunteers in the countries of Oceania, including— (A) changes to volunteer deployment durations; and (B) scheduled redeployment of volunteers to regional or United States-based healthcare facilities for routine physical and behavioral health evaluation. (c) Volunteers in low-Income Oceania communities (1) In general In examining the potential to expand the presence of Peace Corps volunteers in low-income Oceania communities under subsection (a)(3), the Director of the Peace Corps shall consider the development of initiatives described in paragraph (2). (2) Initiatives described Initiatives described in this paragraph are volunteer initiatives that help the countries of Oceania address social, economic, and development needs of their communities, including by— (A) addressing, through appropriate resilience-based interventions, the vulnerability that communities in Oceania face as result of extreme weather, severe environmental change, and other climate related trends; and (B) improving, through smart infrastructure principles, access to transportation and connectivity infrastructure that will help address the economic and social challenges that communities in Oceania confront as a result of poor or nonexistent infrastructure. 9. Oceania Youth Engagement Coordinator (a) Findings Congress makes the following findings: (1) The population of Oceania is young, with an estimated 23 percent of individuals living in the region under the age of 15 years old. (2) In some of the countries of Oceania, the percentage of the population under the age of 15 years old is higher than the regional average, including in the Federated States of Micronesia (32 percent), Papua New Guinea (36 percent), and the Republic of the Marshall Islands (39 percent). (3) Young people, especially young women and girls, in Oceania are disproportionately impacted by sustainable development challenges, including challenges with access to employment, education, health care, and housing, as well as food, water, and sanitation. (4) Enhancing United States engagement with young people in Oceania can strengthen democratic governance and civil society and increase civic engagement in support of achieving regional sustainable development goals. (b) Assignment The Deputy Assistant Secretary for the Office of Public Affairs and Public Diplomacy and Regional and Security of the Bureau of East Asian and Pacific Affairs of the Department of State shall serve as the Oceania Youth Engagement Coordinator (in this section referred to as the Coordinator ) to work with the Assistant Secretary of State for East Asian and Pacific Affairs and the Assistant Secretary of State for Global Public Affairs regarding youth engagement matters in Oceania. (c) Duties The Coordinator shall— (1) ensure that youth engagement in Oceania and supporting activities are integrated in and coordinated between the foreign policy initiatives of the Bureau of East Asian and Pacific Affairs and the Bureau of Global Public Affairs; (2) ensure that youth engagement opportunities are developed in support of the programs, activities, and initiatives authorized under this Act; (3) advocate for programs to expand Oceania youth engagement, including through educational and cultural exchange programs of the Department of State, as well as through country partnerships and civil society engagement coordinated through and with the support of the United States missions (including the chiefs of mission) in the countries of Oceania; and (4) coordinate Oceania youth engagement with other bureaus and offices of the Department of State, including, as appropriate, the United States Agency for International Development and the United States Mission to the United Nations. 10. Improving health care access for veterans in freely associated states (a) Demonstration program (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of the Interior, shall commence a demonstration program to provide hospital care, medical services, and extended care services to veterans residing in the freely associated states. (2) Duration The Secretary shall carry out the demonstration program required by paragraph (1) during the 3-year period beginning on the date of the commencement of the demonstration program. (3) Elements In carrying out the demonstration program required by paragraph (1), the Secretary shall— (A) consult with the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of the Interior, the Secretary of State, each government of the freely associated states, and nongovernmental organizations as the Secretary considers appropriate; (B) emphasize the use of telehealth and provide education and training using technology-enabled collaborative learning and capacity-building models to employees of the Department of Veterans Affairs and, to the extent practicable, to local health care providers, responsible for carrying out the demonstration program; (C) assess the feasibility of providing hospital care, medical services, and extended care services through local providers; (D) conduct a robust outreach program to inform veterans in the freely associated states about the demonstration program and the services available under the demonstration program; (E) assess the feasibility and advisability of building clinics or leasing space on military installations or embassy compounds or in consulate facilities of the United States in the freely associated states for the purposes of providing hospital care, medical services, and extended care services to veterans; and (F) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the Secretary with respect to the demonstration program that includes— (i) an explanation of how the Secretary expects to provide continuity of care to veterans in the freely associated states; (ii) an assessment of the barriers and facilitators to providing hospital care, medical services, and extended care services to veterans residing in the freely associated states, including recommendations to facilitate the provision of such care and services; and (iii) an estimate of the budgetary resources required to establish and provide hospital care, medical services, and extended care services to veterans in the freely associated states during the 10-year period beginning on the date of the submittal of the report to such committees. (4) Definitions In this subsection: (A) Freely associated states The term freely associated states means the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, which have each entered into a Compact of Free Association with the United States. (B) Veteran The term veteran has the meaning given such term in section 101 of title 38, United States Code. (b) Conditions under which care is required To be furnished under veterans community care program Section 1703(d) of title 38, United States Code, is amended by adding at the end the following new paragraph: (4) For purposes of paragraph (1)(B), the term State includes the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, which have each entered into a Compact of Free Association with the United States. . (c) Hospital care, medical services, and nursing home care abroad Section 1724 of such title is amended— (1) in subsection (b)(2)(A), by striking or in Canada and inserting , Canada, or the freely associated states ; and (2) by adding at the end, the following new subsection: (f) In this section, the term freely associated states means the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, which have each entered into a Compact of Free Association with the United States. . 11. Public health capacity-building in Oceania (a) In general The Secretary of State, in consultation with the Secretary of Health and Human Services, shall establish a program to make grants, enter into cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of State or the Department of Health and Human Services to support the governments of the countries of Oceania in building public health capacity and improving access to care and local health outcomes. (b) Authority The Secretary of State, in consultation with the Secretary of Health and Human Services, shall establish eligibility criteria and a process for providing assistance described in subsection (a), which shall include the authority— (1) to make grants and enter into cooperative agreements with, and supplement other available Federal funds directly to, the governments of the countries of Oceania in accordance with the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.); (2) to provide grants to qualified nongovernmental organizations within the counties of Oceania specialized in building health capacity and improving access to care and local health outcomes; and (3) to provide grants to qualified United States nongovernmental organizations and institutions of higher education specialized in building health capacity and improving access to care and health outcomes in Oceania. (c) Scope of assistance (1) In general The program established under subsection (a) shall prioritize assistance aimed at building public health capacity and improving access to care and health outcomes related to— (A) maternal and child morbidity and mortality; (B) morbidity and mortality from sexually transmitted infections, HIV/AIDS, tuberculosis, malaria, and neglected tropical diseases; (C) morbidity, premature death, and disabilities from noncommunicable diseases; (D) gender-based violence; (E) substance use disorder; (F) mortality due to epidemics, disasters, and the impacts from severe weather and environmental change; (G) access to essential mental, behavioral, and physical health services and supplies; and (H) any other health issue that the Secretary of State, in consultation with the Secretary of Health and Human Services, determines is necessary to improving access to care and health outcomes. (2) Goals To support the goals of the program established under subsection (a), the Secretary may consider incorporating traditional modalities for improving access to care and health outcomes, such as— (A) the use of interactive technology, such as telehealth; (B) the deployment of mobile health teams; (C) indigenous health worker recruitment, training, and retention activities; (D) strategies for overcoming the logistics management challenges posed by vast distances, geographic isolation, and multinational regulation; and (E) health promotion and preventive medicine initiatives. (d) Report required (1) In general Not later than one year after the establishment of the program under subsection (a), and annually thereafter, the Secretary of State, in consultation with the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the outcomes with respect to the efficacy of United States assistance to the governments of the countries of Oceania in building public health capacity and improving local health outcomes. (2) Elements The report required by paragraph (1) shall include the following: (A) An explanation and review of the methodology used to determine which activities to fund to achieve the goals of the program established under subsection (a). (B) A description of each grant, cooperative agreement, or other funding mechanism selected to support the goals of the program during the year preceding submission of the report. (C) An explanation of how, if at all, traditional modalities for building health capacity and improving access to care and health outcomes were integrated into the program, including— (i) the use of interactive technology, such as telehealth; (ii) the deployment of mobile health teams; (iii) the recruitment, training, and retention of indigenous health workers; (iv) strategies for overcoming the logistics management challenges posed by vast distances, geographic isolation, and multinational regulation; and (v) health promotion and preventive medicine initiatives. (D) An assessment of the activities carried out under the program and their efficacy in achieving the goals of the program. (E) A review of how public health capacity and access to care and health outcomes have improved from the year preceding the year covered by the report. (F) An assessment of areas for improvement in achieving the goals of the program, including consideration of new modalities for improving health capacity and outcomes in Oceania. (e) Authorization of appropriations (1) In general There are authorized to be appropriated such sums as may be necessary to carry out the program under this section. (2) Period of availability Amounts appropriated or otherwise made available pursuant to the authorization of appropriations under paragraph (1) shall remain available until expended. 12. Oceania Security Dialogue (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the feasibility and advisability of establishing a United States-based public-private sponsored security dialogue (to be known as the Oceania Security Dialogue ) among the countries of Oceania for the purposes of jointly exploring and discussing issues affecting the economic, diplomatic, and national security of the countries of Oceania. (b) Report required The report required by subsection (a) shall, at a minimum, include the following: (1) A review of the ability of the Department of State to participate in a public-private sponsored security dialogue, including the available expertise, funding, and other resources available to the Bureau of Educational and Cultural Affairs of the Department of State. (2) An assessment of the potential locations for conducting an Oceania Security Dialogue in the jurisdiction of the United States. (3) Consideration of dates for conducting an Oceania Security Dialogue that would maximize participation of representatives from the Pacific Islands countries of Oceania and United States allies that work in support of regional issues, including the governments of Australia, France, Japan, New Zealand, the Republic of Korea, and the United Kingdom. (4) A review of the funding modalities available to the Department of State to help finance an Oceania Security Dialogue, including grant-making authorities available to the Department of State. (5) An assessment of any administrative, statutory, or other legal limitations that would prevent the establishment of an Oceania Security Dialogue with participation and support of the Department of State as described in subsection (a). (6) An evaluation of how an Oceania Security Dialogue could help amplify the issues and work of existing regional structures and organizations dedicated to the security of the Oceania region, such as the Pacific Islands Forum and Pacific Environmental Security Forum. (7) An analysis of how an Oceania Security Dialogue would help with implementation of the strategic roadmap required by section 3 and advance the National Security Strategy of the United States. (c) Interagency consultation To the extent practicable, the Secretary of State may consult with the Secretary of Defense and, where appropriate, evaluate the lessons learned of the Regional Centers for Security Studies of the Department of Defense to determine the feasibility and advisability of establishing a United States-based public-private Oceania Security Dialogue. 13. Oceania Restoration and Hazards Removal Program (a) In general The Secretary of State shall establish an Oceania Restoration and Hazards Removal Program (in this section referred to as the Program ). (b) Purpose The purpose of the Program is— (1) to coordinate with the countries of Oceania— (A) to support survey and clearance operations of buried and abandoned bombs, mortars, artillery shells, and unexploded ordnance from battlefields of World War II; and (B) to identify, isolate, and, where appropriate, mitigate environmental risks associated with submerged maritime vessels that pose a public health or marine resource threat because of the presence of oil, fuel, corrosive metals, or other toxins; and (2) to build the national capacity of the countries of Oceania to identify, isolate, and mitigate risks related to explosive ordnance hazards, submerged maritime vessels, or related hazardous marine debris through survey and disposal training, funding to nongovernmental organizations, and support to regional cooperation initiatives with countries that are partners and allies of the United States, including Australia, France, Japan, New Zealand, the Republic of Korea, and the United Kingdom. (c) Report required Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the committees specified in subsection (d) a report on the Program that includes the following: (1) An assessment of the risk from surface and subsurface explosive ordnance hazards, submerged maritime vessels, and related hazards as determined by the Secretary that exists for the people of Oceania, including a review of threats to critical infrastructure, environmental resources, and other sectors essential to the health, safety, and livelihoods of the people of Oceania. (2) A list of the locations where the United States plans to prioritize mitigation efforts based on the risk assessment conducted under paragraph (1) to support and fund survey and clearance operations and enhance national capacity building to clear hazards or mitigate risks associated with the hazards identified in paragraph (1). (3) A description of the survey and removal activities and national capacity building initiatives conducted during the year preceding submission of the report, including an explanation of how those activities and initiatives aligned with the activities and initiatives of countries that are partners or allies of the United States. (4) A description of the survey and removal activities and national capacity building initiatives planned for the year following the submission of the report, including budgetary and other resource requirements necessary to conduct those activities and initiatives during that year. (5) A description of the United States support provided to nongovernmental organizations conducting survey and removal activities in the countries of Oceania. (d) Committees specified The committees specified in this subsection are— (1) the appropriate congressional committees; and (2) the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary of State $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section. 14. Report on countering illegal, unreported, and unregulated fishing in Oceania (a) Sense of Congress It is the sense of Congress that— (1) many countries of the Oceania region depend on commercial tuna fisheries as a critical component of their economies; (2) the Government of the People’s Republic of China has used its licensed fishing fleet to exert greater influence in Oceania, but at the same time, its licensed fishing fleet is also a major contributor to illegal, unreported, and unregulated fishing (in this section referred to as IUU fishing ) activities; (3) the sustainability of Oceania’s fisheries is threatened by IUU fishing, which depletes both commercially important fish stocks and non-targeted species that help maintain the integrity of the ocean ecosystem; (4) IUU fishing puts pressure on protected species of marine mammals, sea turtles, and sea birds, which also jeopardizes the integrity of the ocean ecosystem; (5) because IUU fishing goes unrecorded, the loss of biomass compromises the work of scientists to assess and model fishery stocks and advise managers on sustainable catch levels; (6) beyond the damage to living marine resources, IUU fishing also contributes directly to illegal activity in the Oceania region, such as food fraud, smuggling, and human trafficking; (7) current approaches to IUU fishing enforcement rely on established methods, such as vessel monitoring systems, logbooks maintained by government fisheries enforcement authorities to record the catches landed by fishing vessels, and corroborating data on catches hand-collected by human observer programs; (8) such established methods are imperfect because— (A) vessels can turn off monitoring systems and unlicensed vessels do not use them; and (B) observer coverage is thin and subject to human error and corruption; (9) maritime domain awareness technology solutions for vessel monitoring have gained credibility in recent years and include systems such as observing instruments deployed on satellites, crewed and uncrewed air and surface systems, aircraft, and surface vessels, as well as electronic monitoring systems on fishing vessels; (10) maritime domain awareness technologies hold the promise of significantly augmenting the current IUU fishing enforcement capacities; and (11) maritime domain awareness technologies offer an avenue for addressing key United States national interests, including those interests related to— (A) increasing bilateral diplomatic ties with key allies and partners in the Oceania region; (B) countering illicit trafficking in arms, narcotics, and human beings associated with IUU fishing; (C) advancing security, long-term growth, and development in the Oceania region; (D) supporting ocean conservation objectives; (E) reducing food insecurity; and (F) countering attempts by the Government of the People’s Republic of China to grow its influence in the Oceania region. (b) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the Commandant of the Coast Guard, and the Secretary of Defense, shall submit to the appropriate congressional committees a report assessing the use of advanced maritime domain awareness technology systems to combat IUU fishing in Oceania. (2) Elements The report required by paragraph (1) shall include— (A) a review of the effectiveness of existing monitoring technologies, including electronic monitoring systems, to combat IUU fishing; (B) recommendations for effectively integrating effective monitoring technologies into a Oceania-wide strategy for IUU fishing enforcement; (C) an assessment and recommendations for the secure and reliable processing of data from such monitoring technologies, including the security and verification issues; (D) the technical and financial capacity of countries of the Oceania region to deploy and maintain large-scale use of maritime domain awareness technological systems for the purposes of combating IUU fishing and supporting fisheries resource management; (E) a review of the technical and financial capacity of regional organizations and international structures to support countries of the Oceania region in the deployment and maintenance of large-scale use of maritime domain awareness technology systems for the purposes of combating IUU fishing and supporting fisheries resource management; (F) an evaluation of the utility of using foreign assistance, security assistance, and development assistance provided by the United States to countries of the Oceania region to support the large-scale deployment and operations of maritime domain awareness systems to increase maritime security across the region; and (G) an assessment of the role of large-scale deployment and operations of maritime domain awareness systems throughout Oceania to supporting United States economic and national security interests in the Oceania region, including efforts related to countering IUU fishing, improving maritime security, and countering malign foreign influence. 15. Oceania maritime security initiative (a) In general The Secretary of Defense and the Secretary of Homeland Security shall cooperate to carry out a program in support of strengthening maritime security partnerships in Oceania using assets of the Department of Defense and the Department of Homeland Security. (b) Goals The goals of the program developed under subsection (a) shall be, to the extent practicable— (1) to enhance interoperability between personnel of the United States Coast Guard and the United States Navy and the maritime forces of countries that are allies and partners of the United States in Oceania; (2) to strengthen the participation and coordination of the United States Coast Guard and, where appropriate, the United States Navy in regional organizations dedicated to coordination and cooperation in support of Oceania fisheries policies, ocean conservation, maritime security, and related initiatives; (3) to strengthen maritime domain awareness, enforcement of exclusive economic zones, marine environment protection, combat illegal, unreported, and unregulated fishing, and strengthen disaster preparedness and resilience; (4) to mature logistics delivery among the countries of Oceania to enhance the ability of the Department of Defense and the Department of Homeland Security to supply remote areas following extreme weather events and other major natural disasters; (5) to increase the presence of United States Coast Guard personnel and capabilities to support law enforcement, maritime protection, and capacity-building initiatives in Oceania; and (6) to conduct research and development and, where possible, deploy technologies or related capabilities to countries in the Oceania region that will improve maritime domain awareness, improve the ability to monitor fisheries and other marine resources, and strengthen disaster warning and response. (c) Strategy required Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall jointly submit to Congress a strategy that includes the following: (1) A review of ongoing United States efforts to promote maritime security, environmental protection, and disaster resilience and preparedness in Oceania. (2) An assessment of the feasibility and advisability of routine ports of call by the United States Navy and the Coast Guard at ports in the countries of Oceania and the Pacific Islands region. (3) An assessment of the feasibility and advisability of expanding shiprider agreements between the United States and the countries of Oceania and the Pacific Islands region. (4) An assessment of the feasibility and advisability of developing joint and multinational exercises focused on improving combined response and logistics delivery in support of humanitarian assistance and disaster relief operations. (5) An assessment of ways to increase the presence of United States Coast Guard cutters and personnel to the Oceania region in support of law enforcement, maritime security, disaster responses, and related goals, including— (A) a review of challenges related to the deployment of medium- and long-range cutters, including personnel and logistical requirements; (B) a review of budgetary constraints that would limit the deployment of additional Coast Guard cutters and resources to the Oceania region; and (C) any other considerations that the Secretary of Homeland Security, in coordination with the Commandant of the Coast Guard, considers important to assessing ways to increase the presence of United States Coast Guard cutters and personnel to the Oceania region. 16. Coordinator for displaced persons (a) In general The Secretary of State shall be responsible for ensuring that the United States Government, in collaboration with allies and partners of the United States and intergovernmental organizations, is reasonably prepared to provide support to people residing in countries in the Oceania region that may become permanently displaced as a result of severe weather or extreme changes in the environment, including sea-level fluctuation, salt water intrusion, or changes in precipitation. (b) Coordinator The Deputy Assistant Secretary for Australia, New Zealand, and the Pacific Islands of the Bureau of East Asian and Pacific Affairs of the Department of State shall— (1) serve as the Coordinator for Displaced Persons in the Oceania Region (in this section referred to as the Coordinator ); and (2) be responsible for working with the Assistant Secretary of State for East Asian and Pacific Affairs, the Assistant Secretary of State for Population, Refugees, and Migration, the Assistant to the Administrator in the Bureau for Humanitarian Assistance at the United States Agency for International Development, and the United States Representative to the United Nations regarding matters concerning the displacement of persons in Oceania. (c) Duties The Coordinator shall— (1) facilitate a whole-of-government approach to reasonably anticipate and respond to the displaced persons in Oceania; (2) explore opportunities to collaborate with, and when appropriate provide direct support to, allies, regional forums, and intergovernmental organizations to support displaced persons in Oceania; (3) review the contributions of the United States to organizations that support displaced persons in Oceania to ensure sure that the funding contributes to outcomes that are consistent with United States Government policies; (4) advocate for legislative authority, programs, and funding that are necessary to carry out the United States and international response to support displaced persons in Oceania; and (5) oversee the production of an annual report on the challenges related to displaced persons in Oceania, including recommendations to Congress related to requirements for carrying out the United States and international response to support displaced persons in Oceania. (d) Annual report Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that includes the following: (1) An assessment of the risks driving the displacement of persons in the Oceania region, including a projection of the number of persons that are at risk of being displaced during the 25-year period after submission of the report based on the best information available at the time of submission of the report. (2) A review of ongoing programs and initiatives by the governments of Australia, France, Japan, New Zealand, the Republic of Korea, the United Kingdom, and the United States to respond to potentially displaced persons in the Oceania region. (3) An assessment of the efficacy of the programs and initiatives described in paragraph (2) to mitigate the risks driving the displacement of persons described in paragraph (1) and to support displaced persons. (4) A plan to address any shortfalls in the efficacy of such programs identified under paragraph (3). (5) Recommendations related to any legislative authority, programs, and funding that the Secretary determines are necessary to carry out the United States and international response to support displaced persons in Oceania. 17. Oceania anticorruption program (a) In general The Secretary of State shall establish a program to provide technical and financial assistance to civil society organizations and governments in Oceania to strengthen the capacity of civil society and the law enforcement agencies to identify and defeat acts of corruption that destabilize democratic governments and undermine the rule of law. (b) Interagency coordination In establishing the program under subsection (a), the Secretary of State shall coordinate with the head of any other Federal agency managing a program or initiative to strengthen anticorruption, fiscal transparency, economic governance, or related legal processes in Oceania to ensure policy coherence and unity of effort. (c) Required report Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the committees specified in subsection (d) a report that includes the following: (1) A list of civil society organizations and governments in Oceania, and the agencies of those governments, receiving assistance under the program established under subsection (a). (2) A description of the activities carried out by those civil society organizations, governments, and agencies using that assistance during the year preceding submission of the report. (3) The goals and anticipated outcomes of the activities described in paragraph (2). (4) The metrics used to evaluate the success of the activities described in paragraph (2) and the achievement of the goals and outcomes described in paragraph (3). (5) A description of what, if any, follow-on activities are planned to build on the activities described in paragraph (2) and the preliminary goals for those follow-on activities. (6) An explanation, as appropriate, of how the activities described in paragraph (2) complement the programs or projects of another Federal agency supporting anticorruption, fiscal transparency, economic governance, or related legal processes in Oceania. (d) Committees specified The committees specified in this subsection are— (1) the appropriate congressional committees; and (2) the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary of State such sums as may be necessary to carry out the program established under subsection (a). 18. Imposition of sanctions with respect to corruption in Oceania (a) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Defense, the Secretary of Commerce, the Secretary of Homeland Security, the Attorney General, and the Director of National Intelligence, shall submit to Congress a report on the efforts of foreign persons (including foreign financial institutions) to engage or attempt to engage in acts of corruption in a country or territory of Oceania. (2) Elements Each report required by paragraph (1) shall include, for the one-year period preceding submission of the report— (A) an identification of each foreign person that the Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Defense, the Secretary of Commerce, the Secretary of Homeland Security, the Attorney General, and the Director of National Intelligence, determines engaged or attempted to engage, during that period, in an act of corruption in a country or territory of Oceania; (B) for each person identified under subparagraph (A)— (i) an identification of the country of origin of the person; (ii) a description of the act or attempted act that resulted in the identification of the person; and (iii) an identification of any foreign financial institution that knowingly conducted a significant transaction with the person during that period; (C) an assessment of the capacity of the government of the country or territory in which the act or attempted act occurred or would have occurred to identify actors engaged in corruption, prosecute anticorruption cases, and enforce existing anticorruption laws; and (D) an assessment of the impact the act or attempted act could have on the national or economic security of the United States. (3) Exclusion of certain information (A) Intelligence The Secretary of State shall not disclose the identity of a person in a report submitted under paragraph (1) if the Director of National Intelligence determines that such disclosure could compromise an intelligence operation, activity, source, or method of the United States. (B) Law enforcement The Secretary of State shall not disclose the identity of a person in a report submitted under paragraph (1) if the Attorney General, in coordination with the head of an appropriate Federal law enforcement agency, determines that such disclosure could reasonably be expected— (i) to compromise the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis; (ii) to jeopardize the integrity or success of an ongoing criminal investigation or prosecution; (iii) to endanger the life or physical safety of any person; or (iv) to cause substantial harm to physical property. (C) Notification required If the Director of National Intelligence makes a determination under subparagraph (A) or the Attorney General makes a determination under subparagraph (B), the Director or the Attorney General, as the case may be, shall notify Congress of the determination and the reasons for the determination. (4) Form of report Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (b) Imposition of sanctions The President shall impose sanctions pursuant to section 1263 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 foreign person identified in a report submitted under subsection (a). (c) Waiver The President may waive the imposition of sanctions under subsection (b) with respect to a foreign person if the President— (1) determines that imposing such sanctions with respect to that person would harm the national security of the United States; and (2) submits to Congress a report describing the determination and the reasons for the determination. 19. Report on financial intelligence resources of the Department of the Treasury in Oceania (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Director of National Intelligence, shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report on the financial intelligence resources of the Department of the Treasury in Oceania. (b) Elements The report required by subsection (a) shall include— (1) a review of the existing financial intelligence resources of the Department of the Treasury in Oceania, including budgetary and manpower resources, that the Department dedicates to detecting and countering illicit finance activity and acts of corruption in Oceania; (2) an assessment of the success of the Department in countering illicit finance activity and acts of corruption in Oceania using the resources described in paragraph (1); (3) an assessment of the ability to the Department to effectively use and operationalize the financial intelligence resources of United States allies to help counter illicit finance activity and acts of corruption in Oceania; (4) an identification of the resource gaps, including with respect to budgetary and manpower resources and lack of legal authorities, that would prevent the Department from supporting the implementation of the strategic roadmap required by section 3; and (5) a plan to fill the gaps identified under paragraph (4). (c) Form of report The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 20. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Foreign financial institution (A) In general Except as provided in subparagraph (B), the term foreign financial institution means any foreign entity that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchasers and sellers thereof, as principal or agent, including— (i) a depository institution; (ii) a bank; (iii) a savings bank; (iv) a money service business; (v) a trust company; (vi) a securities broker or dealer; (vii) a commodity futures and options broker or dealer; (viii) a forward contract or foreign exchange merchant; (ix) a securities or commodities exchange; (x) a clearing corporation; (xi) an investment company; (xii) an employee benefit plan; (xiii) a dealer in precious metals, stones, or jewels; and (xiv) any holding company, affiliate, or subsidiary of an entity specified in any clauses (i) through (xiii). (B) Exceptions The term foreign financial institution does not include— (i) an international financial institution, as defined in section 1701(c) of the International Financial Institutions Act ( 22 U.S.C. 262r(c) ); (ii) the International Fund for Agricultural Development; (iii) the North American Development Bank; or (iv) any other international financial institution specified by the Office of Foreign Assets Control of the Department of the Treasury. (3) Foreign person The term foreign person means an individual or entity that is not a United States person. (4) Knowingly The term knowingly with respect to conduct, a circumstance, or a result, means that a person had actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Oceania Except as provided in sections 4 and 5, the term Oceania may include the following: (A) Easter Island of Chile. (B) Fiji. (C) French Polynesia of France. (D) Kiribati. (E) New Caledonia of France. (F) Nieu of New Zealand. (G) Papua New Guinea. (H) Samoa. (I) Vanuatu. (J) The Ashmore and Cartier Islands of Australia. (K) The Cook Islands of New Zealand. (L) The Coral Islands of Australia. (M) The Federated States of Micronesia. (N) The Norfolk Island of Australia. (O) The Pitcairn Islands of the United Kingdom. (P) The Republic of the Marshal Islands. (Q) The Republic of Palau. (R) The Solomon Islands. (S) Tokelau of New Zealand. (T) Tonga. (U) Tuvalu. (V) Wallis and Futuna of France. (6) 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 any jurisdiction within the United States, including a foreign branch of such an entity. | https://www.govinfo.gov/content/pkg/BILLS-117s1774is/xml/BILLS-117s1774is.xml |
117-s-1775 | II Calendar No. 62 117th CONGRESS 1st Session S. 1775 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Grassley (for himself, Mr. Cruz , and Mr. Tillis ) introduced the following bill; which was read the first time May 24, 2021 Read the second time and placed on the calendar A BILL To address gun violence, improve the availability of records to the National Instant Criminal Background Check System, address mental illness in the criminal justice system, and end straw purchases and trafficking of illegal firearms, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Communities and Preserving the Second Amendment Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Reauthorization and improvements to NICS. Sec. 4. Availability of records to NICS. Sec. 5. Definitions relating to mental health. Sec. 6. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes. Sec. 7. Reports and certifications to Congress. Sec. 8. Increasing Federal prosecution of gun violence. Sec. 9. Prosecution of felons and fugitives who attempt to illegally purchase firearms. Sec. 10. Limitation on operations by the Department of Justice. Sec. 11. Straw purchasing of firearms. Sec. 12. Increased penalties for lying and buying. Sec. 13. Amendments to section 924 (a) . Sec. 14. Amendments to section 924 (h) . Sec. 15. Amendments to section 924 (k) . Sec. 16. Multiple sales reports for rifles and shotguns. Sec. 17. Study by the National Institutes of Justice and National Academy of Sciences on the causes of mass shootings. Sec. 18. Reports to Congress regarding ammunition purchases by Federal agencies. Sec. 19. Reduction of Byrne JAG funds for State failure to provide mental health records to NICS. Sec. 20. Firearm commerce modernization. Sec. 21. Firearm dealer access to law enforcement information. Sec. 22. Interstate transportation of firearms or ammunition. Sec. 23. Preventing duplicative grants. 2. Definitions In this Act— (1) the term agency has the meaning given the term in section 551 of title 5, United States Code; (2) the term NICS means the National Instant Criminal Background Check System; and (3) the term relevant Federal records means any record demonstrating that a person is prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code. 3. Reauthorization and improvements to NICS (a) In general Section 103 of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40913 ) is amended— (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; (2) by amending subsection (f), as so redesignated, to read as follows: (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2022 through 2026. ; and (3) by inserting after subsection (d) the following: (e) Accountability All grants awarded by the Attorney General under this section shall be subject to the following accountability provisions: (1) Definition In this subsection, the term unresolved audit finding means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. (2) Audits Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (3) Priority In awarding grants under this section, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section. . (b) Modification of eligibility requirements The NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40902 et seq.) is amended— (1) in section 102(b)(1) ( 34 U.S.C. 40912(b)(1) )— (A) in subparagraph (A), by striking subparagraph (C) and inserting subparagraph (B) ; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (2) in section 103(a)(1) ( 34 U.S.C. 40913(a)(1) ), by striking and subject to section 102(b)(1)(B) ; and (3) in section 104(d) ( 34 U.S.C. 40914(d) ), by striking section 102(b)(1)(C) and inserting section 102(b)(1)(B) . 4. Availability of records to NICS (a) Guidance Not later than 45 days after the date of enactment of this Act, the Attorney General shall issue guidance regarding— (1) the identification and sharing of relevant Federal records; and (2) submission of the relevant Federal records to NICS. (b) Prioritization of records Each agency that possesses relevant Federal records shall prioritize providing the relevant information contained in the relevant Federal records to NICS on a regular and ongoing basis in accordance with the guidance issued by the Attorney General under subsection (a). (c) Reports Not later than 60 days after the Attorney General issues guidance under subsection (a), the head of each agency shall submit a report to the Attorney General that— (1) advises whether the agency possesses relevant Federal records; and (2) describes the implementation plan of the agency for making the relevant information contained in relevant Federal records available to NICS in a manner consistent with applicable law. (d) Determination of relevance The Attorney General shall resolve any dispute regarding whether— (1) agency records are relevant Federal records; and (2) the relevant Federal records of an agency should be made available to NICS. 5. Definitions relating to mental health (a) Title 18 definitions Chapter 44 of title 18, United States Code, is amended— (1) in section 921(a), by adding at the end the following: (36) (A) Subject to subparagraph (B), the term has been adjudicated mentally incompetent or has been committed to a psychiatric hospital , with respect to a person— (i) means the person is the subject of an order or finding by a judicial officer, court, board, commission, or other adjudicative body— (I) that was issued after— (aa) a hearing— (AA) of which the person received actual notice; and (BB) at which the person had an opportunity to participate with counsel; or (bb) the person knowingly and intelligently waived the opportunity for a hearing— (AA) of which the person received actual notice; and (BB) at which the person would have had an opportunity to participate with counsel; and (II) that found that the person, as a result of marked subnormal intelligence, mental impairment, or mental illness— (aa) was a danger to himself or to others; (bb) was guilty but mentally ill in a criminal case; (cc) was not guilty in a criminal case by reason of insanity or mental disease or defect; (dd) was incompetent to stand trial in a criminal case; (ee) was not guilty only by reason of lack of mental responsibility under section 850a of title 10 (article 50a of the Uniform Code of Military Justice); (ff) required involuntary inpatient treatment by a psychiatric hospital; (gg) required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person is a danger to himself or to others; or (hh) required involuntary commitment to a psychiatric hospital for any reason, including drug use; and (ii) does not include— (I) a person who is in a psychiatric hospital for observation; or (II) a voluntary admission to a psychiatric hospital. (B) In this paragraph, the term order or finding does not include— (i) an order or finding that has expired or has been set aside or expunged; (ii) an order or finding that is no longer applicable because a judicial officer, court, board, commission, or other adjudicative body has found that the person who is the subject of the order or finding— (I) does not present a danger to himself or to others; (II) has been restored to sanity or cured of mental disease or defect; (III) has been restored to competency; or (IV) no longer requires involuntary inpatient or outpatient treatment by, or involuntary commitment to, a psychiatric hospital; or (iii) an order or finding with respect to which the person who is subject to the order or finding has been granted relief from disabilities under section 925(c) or under a program described in section 101(c)(2)(A) or 105 of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40911 , 40915). (37) The term psychiatric hospital includes a mental health facility, a mental hospital, a sanitarium, a psychiatric facility, and any other facility that provides diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital. ; and (2) in section 922— (A) in subsection (d)(4)— (i) by striking as a mental defective and inserting mentally incompetent ; and (ii) by striking any mental institution and inserting a psychiatric hospital ; and (B) in subsection (g)(4)— (i) by striking as a mental defective or who has and inserting mentally incompetent or has ; and (ii) by striking mental institution and inserting psychiatric hospital . (b) Technical and conforming amendment The NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40902 et seq.) is amended— (1) by striking as a mental defective each place that term appears and inserting mentally incompetent ; (2) by striking mental institution each place that term appears and inserting psychiatric hospital ; and (3) in section 102(c)(3) ( 34 U.S.C. 40912(c)(3) )— (A) in the paragraph heading, by striking as a mental defective or committed to a mental institution and inserting mentally incompetent or committed to a psychiatric hospital ; and (B) by striking mental institutions and inserting psychiatric hospitals . 6. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes (a) In general Chapter 55 of title 38, United States Code, is amended by adding at the end the following: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others. . (b) Technical and conforming amendment The table of sections at the beginning of chapter 55 of title 38, United States Code, is amended by adding at the end the following: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes. . 7. Reports and certifications to Congress (a) NICS reports Not later than October 1, 2022, and every year thereafter, the head of each agency that possesses relevant Federal records shall submit a report to Congress that includes— (1) a description of the relevant Federal records possessed by the agency that can be shared with NICS in a manner consistent with applicable law; (2) the number of relevant Federal records the agency submitted to NICS during the reporting period; (3) efforts made to increase the percentage of relevant Federal records possessed by the agency that are submitted to NICS; (4) any obstacles to increasing the percentage of relevant Federal records possessed by the agency that are submitted to NICS; (5) measures put in place to provide notice and programs for relief from disabilities as required under the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40902 et seq.) if the agency makes qualifying adjudications relating to the mental health of an individual; (6) measures put in place to correct, modify, or remove records available to NICS when the basis on which the records were made available no longer applies; and (7) additional steps that will be taken during the 1-year period after the submission of the report to improve the processes by which relevant Federal records are— (A) identified; (B) made available to NICS; and (C) corrected, modified, or removed from NICS. (b) Certifications (1) In general The annual report requirement in subsection (a) shall not apply to an agency that, as part of a report required to be submitted under subsection (a), provides certification that the agency has— (A) made available to NICS relevant Federal records that can be shared in a manner consistent with applicable law; (B) a plan to make any relevant Federal records available to NICS and a description of that plan; and (C) a plan to update, modify, or remove records electronically from NICS not less than quarterly as required by the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40902 et seq.) and a description of that plan. (2) Frequency Each agency that is not required to submit annual reports under paragraph (1) shall submit an annual certification to Congress attesting that the agency continues to submit relevant Federal records to NICS and has corrected, modified, or removed records available to NICS when the basis on which the records were made available no longer applies. (c) Reports to Congress on firearms prosecutions (1) Report to congress Beginning February 1, 2022, and on February 1 of each year thereafter through 2031, the Attorney General shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and the House of Representatives a report of information gathered under this subsection during the fiscal year that ended on September 30 of the preceding year. (2) Subject of annual report Not later than 90 days after the date of enactment of this Act, the Attorney General shall require each component of the Department of Justice, including each United States Attorney's Office, to furnish for the purposes of the report described in paragraph (1), information relating to any case presented to the Department of Justice for review or prosecution, in which the objective facts of the case provide probable cause to believe that there has been a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986. (3) Elements of annual report With respect to each case described in paragraph (2), the report submitted under paragraph (1) shall include information indicating— (A) whether in any such case, a decision has been made not to charge an individual with a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986, or any other violation of Federal criminal law; (B) in any case described in subparagraph (A), a description of why no charge was filed under sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986; (C) whether in any case described in paragraph (2), an indictment, information, or other charge has been brought against any person, or the matter is pending; (D) whether, in the case of an indictment, information, or other charge described in subparagraph (C), the charging document contains a count or counts alleging a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986; (E) in any case described in subparagraph (D) in which the charging document contains a count or counts alleging a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986, whether a plea agreement of any kind has been entered into with such charged individual; (F) whether any plea agreement described in subparagraph (E) required that the individual plead guilty, to enter a plea of nolo contendere, or otherwise caused a court to enter a conviction against that individual for a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986; (G) in any case described in subparagraph (F) in which the plea agreement did not require that the individual plead guilty, enter a plea of nolo contendere, or otherwise cause a court to enter a conviction against that individual for a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986, identification of the charges to which that individual did plead guilty; (H) in the case of an indictment, information, or other charge described in subparagraph (C), in which the charging document contains a count or counts alleging a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986, the result of any trial of such charges (guilty, not guilty, mistrial); (I) in the case of an indictment, information, or other charge described in subparagraph (C), in which the charging document did not contain a count or counts alleging a violation of sections 922 and 924, United States Code, and section 5861 of the Internal Revenue Code of 1986, the nature of the other charges brought and the result of any trial of such other charges as have been brought (guilty, not guilty, mistrial); (J) the number of persons who attempted to purchase a firearm but were denied because of a background check conducted in accordance with section 922(t) of title 18, United States Code; and (K) the number of prosecutions conducted in relation to persons described in subparagraph (J). 8. Increasing Federal prosecution of gun violence (a) In general Not later than 90 days after the date of enactment of this Act, the Attorney General shall establish in jurisdictions specified in subsection (c) a program that meets the requirements of subsection (b), to be known as the Nationwide Project Exile Expansion . (b) Program elements Each program established under subsection (a) shall, for the jurisdiction concerned— (1) provide for coordination with State and local law enforcement officials in the identification of violations of Federal firearms laws; (2) provide for the establishment of agreements with State and local law enforcement officials for the referral to the Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Attorney for prosecution of persons arrested for violations of section 922 or section 924 of title 18, United States Code, or section 5861 of the Internal Revenue Code of 1986, relating to firearms; (3) provide for the establishment of multijurisdictional task forces, coordinated by the Executive Office of the United States attorneys to investigate and prosecute illegal straw purchasing rings that purchase firearms in one jurisdiction and transfer them to another; (4) require that the United States attorney designate not less than 1 assistant United States attorney to prosecute violations of Federal firearms laws; (5) provide for the hiring of agents for the Bureau of Alcohol, Tobacco, Firearms and Explosives to investigate violations of the provisions referred to in paragraph (2), United States Code, relating to firearms; and (6) ensure that each person referred to the United States attorney under paragraph (2) be charged with a violation of the most serious Federal firearm offense consistent with the act committed. (c) Covered jurisdictions (1) In general Subject to paragraph (2), the jurisdictions specified in this subsection are— (A) the 10 jurisdictions with a population equal to or greater than 100,000 persons that had the highest total number of homicides according to the uniform crime report of the Federal Bureau of Investigation for the most recent year available; (B) the 5 jurisdictions with such a population, other than the jurisdictions covered by paragraph (1), with the highest per capita rate of homicide according to the uniform crime report of the Federal Bureau of Investigation for the most recent year available; and (C) the 3 tribal jurisdictions that have the highest homicide crime rates, as determined by the Attorney General. (2) Limitation The 15 jurisdictions described in subparagraphs (A) and (B) shall not include any jurisdiction other than those within the 50 States. (d) Annual reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the following information: (1) The number of individuals indicted for such violations of Federal firearms laws during that year by reason of the program. (2) The increase or decrease in the number of individuals indicted for such violations of Federal firearms laws during that year by reason of the program when compared with the year preceding that year. (3) The number of individuals held without bond in anticipation of prosecution by reason of the program. (4) To the extent the information is available, the average length of prison sentence of the individuals convicted of violations of Federal firearms laws by reason of the program. (5) The number of multijurisdictional task forces established and the number of individuals arrested, indicted, convicted or acquitted of charges for violations of the specific crimes listed in subsection (b)(2). (e) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out the program under this section $15,000,000 for each of fiscal years 2022, 2023, and 2024, which shall be used for salaries and expenses of assistant United States attorneys and Bureau of Alcohol, Tobacco, Firearms and Explosives agents. (2) Use of funds (A) Assistant United States Attorneys The assistant United States attorneys hired using amounts authorized to be appropriated under paragraph (1) shall prosecute violations of Federal firearms laws in accordance with subsection (b)(2). (B) ATF agents The Bureau of Alcohol, Tobacco, Firearms and Explosives agents hired using amounts authorized to be appropriated under paragraph (1) shall, to the maximum extent practicable, concentrate their investigations on violations of Federal firearms laws in accordance with subsection (b)(2). 9. Prosecution of felons and fugitives who attempt to illegally purchase firearms (a) Task Force (1) Establishment There is established a task force within the Department of Justice, which shall be known as the Felon and Fugitive Firearm Task Force (referred to in this section as the Task Force ), to strengthen the efforts of the Department of Justice to investigate and prosecute cases of convicted felons and fugitives from justice who illegally attempt to purchase a firearm. (2) Membership The members of the Task Force shall be— (A) the Deputy Attorney General, who shall serve as the Chairperson of the Task Force; (B) the Assistant Attorney General for the Criminal Division; (C) the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives; (D) the Director of the Federal Bureau of Investigation; and (E) such other officers or employees of the Department of Justice as the Attorney General may designate. (3) Duties The Task Force shall— (A) provide direction for the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; and (B) provide recommendations to the Attorney General relating to— (i) the allocation and reallocation of resources of the Department of Justice for investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; (ii) enhancing cooperation among agencies and entities of the Federal Government in the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; (iii) enhancing cooperation among Federal, State, and local authorities responsible for the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; and (iv) changes in rules, regulations, or policy to improve the effective investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm. (4) Meetings The Task Force shall meet not less than once a year. (5) Termination The Task Force shall terminate on the date that is 5 years after the date of enactment of this Act. (b) Authorization for use of funds Section 524(c)(1) of title 28, United States Code, is amended— (1) in subparagraph (H), by striking and at the end; (2) in subparagraph (I), by striking the period at the end and inserting ; and ; and (3) by inserting after subparagraph (I) the following: (J) the investigation and prosecution of cases of convicted felons and fugitives from justice who illegally attempt to purchase a firearm, in accordance with section 9 of the Protecting Communities and Preserving the Second Amendment Act of 2021 , provided that— (i) not more than $10,000,000 shall be available to the Attorney General for each of fiscal years 2022 through 2026 under this subparagraph; and (ii) not more than 5 percent of the amounts made available under this subparagraph may be used for the administrative costs of the task force established under section 9 of the Protecting Communities and Preserving the Second Amendment Act of 2021 . . 10. Limitation on operations by the Department of Justice The Department of Justice, and any of the law enforcement coordinate agencies of the Department of Justice, shall not conduct any operation where a Federal firearms licensee is directed, instructed, enticed, or otherwise encouraged by the Department of Justice to sell a firearm to an individual if the Department of Justice, or a coordinate agency, knows or has reasonable cause to believe that such an individual is purchasing on behalf of another for an illegal purpose unless the Attorney General, the Deputy Attorney General, or the Assistant Attorney General for the Criminal Division personally reviews and approves the operation, in writing, and determines that the agency has prepared an operational plan that includes sufficient safeguards to prevent firearms from being transferred to third parties without law enforcement taking reasonable steps to lawfully interdict those firearms. 11. Straw purchasing of firearms (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Straw purchasing of firearms (a) Definitions For purposes of this section— (1) the term crime of violence has the meaning given that term in section 924(c)(3); (2) the term drug trafficking crime has the meaning given that term in section 924(c)(2); and (3) the term Federal crime of terrorism has the meaning given that term in section 2332b(g). (b) Offense It shall be unlawful for any person to— (1) purchase or otherwise obtain a firearm, which has been shipped, transported, or received in interstate or foreign commerce, for or on behalf of any other person who the person purchasing or otherwise obtaining the firearm knows— (A) is prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922; (B) intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; (C) intends to engage in conduct that would constitute a crime of violence, a drug trafficking crime, or a Federal crime of terrorism if the conduct had occurred within the United States; or (D) is not a resident of any State and is not a citizen or lawful permanent resident of the United States; or (2) willfully procure another to engage in conduct described in paragraph (1). (c) Penalty Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 15 years, or both. 933. Trafficking in firearms (a) Definitions For purposes of this section— (1) the term crime of violence has the meaning given that term in section 924(c)(3); (2) the term drug trafficking crime has the meaning given that term in section 924(c)(2); and (3) the term Federal crime of terrorism has the meaning given that term in section 2332b(g). (b) Offense It shall be unlawful for any person to— (1) ship, transport, transfer, or otherwise dispose of two or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the transferor knows that the use, carrying, or possession of a firearm by the transferee would violate subsection (g) or (n) of section 922, or constitute a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; (2) receive from another person two or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient— (A) knows that such receipt would violate subsection (g) or (n) of section 922; or (B) intends to use the firearm in furtherance of a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; or (3) attempt or conspire to commit the conduct described in paragraph (1) or (2). (c) Penalties (1) In general Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 15 years, or both. (2) Organizer If a violation of subsection (b) is committed by a person acting in concert with other persons as an organizer, leader, supervisor, or manager, the person shall be fined under this title, imprisoned not more than 20 years, or both. . (b) Technical and conforming amendment The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 931 the following: 932. Straw purchasing of firearms. 933. Trafficking in firearms. . (c) Directive to the sentencing commission Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code, and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. In its review, the Commission shall consider, in particular, an appropriate amendment to reflect the intent of Congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. 12. Increased penalties for lying and buying Section 924(a)(1) of title 18, United States Code, is amended in the undesignated matter following subparagraph (D) by striking five years and inserting the following: 5 years (or, in the case of a violation under subparagraph (A), not more than 10 years) . 13. Amendments to section 924 (a) Section 924(a) of title 18, United States Code, is amended— (1) in paragraph (2), by striking (d), (g), ; and (2) by adding at the end the following: (8) Whoever knowingly violates subsection (d), (g), or (n) of section 922 shall be fined under this title, imprisoned not more than 15 years, or both. . 14. Amendments to section 924 (h) Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: (h) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), a Federal crime of terrorism (as defined in section 2332b(g)), or a crime under the Arms Export Control Act ( 22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), or the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq.), shall be imprisoned not more than 15 years, fined in accordance with this title, or both. . 15. Amendments to section 924 (k) Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: (k) (1) A person who, with intent to engage in or promote conduct that— (A) is punishable under the Controlled Substances Act ( 21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq.), or chapter 705 of title 46; (B) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802 ); (C) constitutes a crime of violence (as defined in subsection (c)(3)); or (D) constitutes a Federal crime of terrorism (as defined in section 2332b(g)), smuggles or knowingly brings into the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both. (2) A person who, with intent to engage in or to promote conduct that— (A) would be punishable under the Controlled Substances Act ( 21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or (B) would constitute a crime of violence (as defined in subsection (c)(3)) or a Federal crime of terrorism (as defined in section 2332b(g)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, smuggles or knowingly takes out of the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both. . 16. Multiple sales reports for rifles and shotguns Section 923(g)(5) of title 18, United States Code, is amended by adding at the end the following: (C) The Attorney General may not require a licensee to submit ongoing or periodic reporting of the sale or other disposition of 2 or more rifles or shotguns during a specified period of time. . 17. Study by the National Institutes of Justice and National Academy of Sciences on the causes of mass shootings (a) In general (1) Study Not later than 90 days after the date of enactment of this Act, the Attorney General shall instruct the Director of the National Institutes of Justice, to conduct a peer-reviewed study to examine various sources and causes of mass shootings including psychological factors, the impact of violent video games, and other factors. The Director shall enter into a contract with the National Academy of Sciences to conduct this study jointly with an independent panel of 5 experts appointed by the Academy. (2) Report Not later than 1 year after the date on which the study required under paragraph (1) begins, the Directors shall submit to Congress a report detailing the findings of the study. (b) Issues examined The study conducted under subsection (a)(1) shall examine— (1) mental illness; (2) the availability of mental health and other resources and strategies to help families detect and counter tendencies toward violence; (3) the availability of mental health and other resources at schools to help detect and counter tendencies of students towards violence; (4) the extent to which perpetrators of mass shootings, either alleged, convicted, deceased, or otherwise, played violent or adult-themed video games and whether the perpetrators of mass shootings discussed, planned, or used violent or adult-themed video games in preparation of or to assist in carrying out their violent actions; (5) familial relationships, including the level of involvement and awareness of parents; (6) exposure to bullying; and (7) the extent to which perpetrators of mass shootings were acting in a copycat manner based upon previous violent events. 18. Reports to Congress regarding ammunition purchases by Federal agencies Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget, shall report to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Chairmen and Ranking Members of the House and Senate Committees on Appropriations and the Committees on the Judiciary, the House Committee on Homeland Security, the Senate Committee on Homeland Security and Governmental Affairs, and the House Committee on Oversight and Reform, a report including— (1) details of all purchases of ammunition by each Federal agency; (2) a summary of all purchases, solicitations, and expenditures on ammunition by each Federal agency; (3) a summary of all the rounds of ammunition expended by each Federal agency and a current listing of stockpiled ammunition for each Federal agency; and (4) an estimate of future ammunition needs and purchases for each Federal agency for the next fiscal year. 19. Reduction of Byrne JAG funds for State failure to provide mental health records to NICS Section 104(b) of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40914(b) ) is amended— (1) by striking paragraphs (1) and (2); (2) by redesignating paragraph (3) as paragraph (2); (3) in paragraph (2), as so redesignated, by striking of paragraph (2) and inserting of paragraph (1) ; and (4) by inserting before paragraph (2), as so redesignated, the following: (1) Reduction for failure to provide mental health records (A) In general During the period beginning on the date that is 18 months after the date of enactment of the Protecting Communities and Preserving the Second Amendment Act of 2021 and ending on the day before the date described in subparagraph (B), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10156 ) if the State does not— (i) provide not less than 90 percent of the records required to be provided under sections 102 and 103; or (ii) have in effect a statute that— (I) requires the State to provide the records required to be provided under sections 102 and 103; and (II) implements a relief from disabilities program in accordance with section 105. (B) Final implementation deadline Beginning on the date that is 5 years after the date of enactment of the Protecting Communities and Preserving the Second Amendment Act of 2021 , the Attorney General shall withhold 10 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10156 ) if the State does not have in effect a statute described in subparagraph (A)(ii) of this paragraph. . 20. Firearm commerce modernization (a) Firearms dispositions Section 922(b)(3) of title 18, United States Code, is amended— (1) in the matter preceding subparagraph (A), by striking located and inserting located or temporarily located ; and (2) in subparagraph (A)— (A) by striking rifle or shotgun and inserting firearm ; (B) by striking located and inserting located or temporarily located ; and (C) by striking both such States and inserting the State in which the transfer is conducted and the State of residence of the transferee . (b) Dealer location Section 923 of title 18, United States Code, is amended— (1) in subsection (j)— (A) in the first sentence, by striking , and such location is in the State which is specified on the license ; and (B) in the last sentence— (i) by inserting transfer, after sell, ; and (ii) by striking Act, and all that follows and inserting Act. ; and (2) by adding at the end the following: (m) Nothing in this chapter shall be construed to prohibit the sale, transfer, delivery, or other disposition of a firearm or ammunition— (1) by a person licensed under this chapter to another person so licensed, at any location in any State; or (2) by a licensed importer, licensed manufacturer, or licensed dealer to a person not licensed under this chapter, at a temporary location described in subsection (j) in any State. . (c) Residence of United States officers Section 921 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: (b) For purposes of this chapter: (1) A member of the Armed Forces on active duty, or a spouse of such a member, is a resident of— (A) the State in which the member or spouse maintains legal residence; (B) the State in which the permanent duty station of the member is located; and (C) the State in which the member maintains a place of abode from which the member commutes each day to the permanent duty station of the member. (2) An officer or employee of the United States (other than a member of the Armed Forces) who is stationed outside the United States for a period of more than 1 year, and a spouse of such an officer or employee, is a resident of the State in which the person maintains legal residence. . 21. Firearm dealer access to law enforcement information (a) In general Section 103(b) of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ), is amended— (1) by striking Not later than and inserting the following: (1) In general Not later than ; and (2) by adding at the end the following: (2) Voluntary background checks (A) In general Not later than 90 days after the date of enactment of the Protecting Communities and Preserving the Second Amendment Act of 2021 , the Attorney General shall promulgate regulations allowing licensees to use the national instant criminal background check system established under this section for purposes of conducting voluntary, no fee employment background checks on current or prospective employees. (B) Notice Before conducting an employment background check relating to an individual under subparagraph (A), a licensee shall— (i) provide written notice to the individual that the licensee intends to conduct the background check; and (ii) obtain consent to conduct the background check from the individual in writing. (C) Exemption An employment background check conducted by a licensee under subparagraph (A) shall not be governed by the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.). (D) Appeal Any individual who is the subject of an employment background check conducted by a licensee under subparagraph (A) the result of which indicates that the individual is prohibited from possessing a firearm or ammunition pursuant to subsection (g) or (n) of section 922 of title 18, United States Code, may appeal the results of the background check in the same manner and to the same extent as if the individual had been the subject of a background check relating to the transfer of a firearm. . (b) Acquisition, preservation, and exchange of identification records and information Section 534 of title 28, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by inserting after paragraph (4) the following: (5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen. ; and (2) in subsection (b), by inserting , except for dissemination authorized under subsection (a)(5) of this section before the period. (c) Regulations Not later than 90 days after the date of enactment of this Act, and without regard to chapter 5 of title 5, United States Code, the Attorney General shall promulgate regulations allowing a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, to receive access to records of stolen firearms maintained by the National Crime Information Center operated by the Federal Bureau of Investigation, solely for the purpose of voluntarily verifying whether firearms offered for sale to such licensees have been stolen. (d) Statutory construction; evidence (1) Statutory construction Nothing in this section or the amendments made by this section shall be construed— (A) to create a cause of action against any person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, or any other person for any civil liability; or (B) to establish any standard of care. (2) Evidence Notwithstanding any other provision of law, evidence regarding the use or non-use by a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, of the systems, information, or records made available under this section or the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity. 22. Interstate transportation of firearms or ammunition (a) In general Section 926A of title 18, United States Code, is amended to read as follows: 926A. Interstate transportation of firearms or ammunition (a) Definition In this section, the term transport includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport. (b) Authorization Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to— (1) transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation— (A) the firearm is unloaded; and (B) (i) if the transportation is by motor vehicle— (I) the firearm is not directly accessible from the passenger compartment of the motor vehicle; or (II) if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is— (aa) in a locked container other than the glove compartment or console; or (bb) secured by a secure gun storage or safety device; or (ii) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and (2) transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation— (A) the ammunition is not loaded into a firearm; and (B) (i) if the transportation is by motor vehicle— (I) the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or (II) if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or (ii) if the transportation is by other means, the ammunition is in a locked container. (c) State law (1) Arrest authority A person who is transporting a firearm or ammunition may not be— (A) arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is probable cause to believe that the transportation is not in accordance with subsection (b); or (B) detained for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is reasonable suspicion that the transportation is not in accordance with subsection (b). (2) Prosecution (A) Burden of proof If a person asserts this section as a defense in a criminal proceeding, the government shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person was not in accordance with subsection (b). (B) Prevailing defendant If a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant reasonable attorney's fees. . (b) Technical and conforming amendment The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 926A and inserting the following: 926A. Interstate transportation of firearms or ammunition. . 23. Preventing duplicative grants Section 1701 of title I 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) Preventing duplicative grants (1) In general Before the Attorney General awards a grant to an applicant under this part, the Attorney General shall compare potential grant awards with grants awarded under part A or T to determine if duplicate grant awards are awarded for the same purpose. (2) Report If the Attorney General awards duplicate grants to the same applicant for the same purpose the Attorney General 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 includes— (A) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and (B) the reason the Attorney General awarded the duplicate grants. .
May 24, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s1775pcs/xml/BILLS-117s1775pcs.xml |
117-s-1776 | II 117th CONGRESS 1st Session S. 1776 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Portman (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To implement recommendations relating to military training on emerging technologies.
1. Short title This Act may be cited as the Artificial Intelligence for the Military Act of 2021 . 2. Integrating digital skill sets and computational thinking into military junior leader education Not later than 270 days after the date of the enactment of this Act, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps shall expand the curriculum for military junior leader education to incorporate appropriate training material related to problem definition and curation, a conceptual understanding of the artificial intelligence lifecycle, data collection and management, probabilistic reasoning and data visualization, and data-informed decisionmaking. Whenever possible, the new training and education should include the use of existing artificial intelligence-enabled systems and tools. 3. Integration of material on emerging technologies into professional military education Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Joint Chiefs of Staff, shall ensure that the curriculum for professional military education is revised in each of the military services to incorporate periodic courses on militarily significant emerging technologies that increasingly build the knowledge base, vocabulary, and skills necessary to intelligently analyze and utilize emerging technologies in the tactical, operational, and strategic levels of warfighting and warfighting support. 4. Short course on emerging technologies for senior civilian and military leaders (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a short course on emerging technologies for general and flag officers and senior executive-level civilian leaders. The short course shall be taught on an iterative, two-year cycle and shall address the most recent, most relevant technologies and how these technologies may be applied to military and business outcomes in the Department of Defense. (b) Throughput objectives In assessing participation in the short course authorized by subsection (a), the Secretary of Defense shall ensure that— (1) in the first year that the course is offered, no fewer than 20 percent of general flag officers and senior executive-level civilian leaders are certified as having passed the short course required by subsection (a); and (2) in each subsequent year, an additional 10 percent of general flag officers and senior executive-level civilian leaders are certified as having passed such course, until such time as 80 percent of such officers and leaders are so certified. 5. Emerging technology-coded billets within the Department of Defense (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that the military services— (1) code appropriate billets to be filled by emerging technology-qualified officers; and (2) develop a process for officers to become qualified in emerging technologies. (b) Appropriate positions Emerging technology-coded positions may include, as appropriate— (1) positions responsible for assisting with acquisition of emerging technologies; (2) positions responsible for helping integrate technology into field units; (3) positions responsible for developing organizational and operational concepts; (4) positions responsible for developing training and education plans; and (5) leadership positions at the operational and tactical levels within the military services. (c) Qualification process The process for qualifying officers for emerging technology-coded billets shall be modeled on a streamlined version of the joint qualification process and may include credit for serving in emerging technology focused fellowships, emerging technology focused talent exchanges, emerging technology focused positions within government, and educational courses focused on emerging technologies. | https://www.govinfo.gov/content/pkg/BILLS-117s1776is/xml/BILLS-117s1776is.xml |
117-s-1777 | II 117th CONGRESS 1st Session S. 1777 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Braun (for himself, Mr. McConnell , Mr. Barrasso , Mrs. Blackburn , Mr. Boozman , Mr. Blunt , Mr. Burr , Mrs. Capito , Mr. Cassidy , Mr. Cornyn , Mr. Cotton , Mr. Cramer , Mr. Crapo , Mr. Cruz , Mr. Daines , Ms. Ernst , Mrs. Fischer , Mr. Grassley , Mr. Hagerty , Mr. Hawley , Mr. Hoeven , Mrs. Hyde-Smith , Mr. Inhofe , Mr. Johnson , Mr. Lankford , Mr. Moran , Mr. Lee , Ms. Lummis , Mr. Marshall , Mr. Paul , Mr. Risch , Mr. Rounds , Mr. Rubio , Mr. Sasse , Mr. Scott of Florida , Mr. Shelby , Mr. Thune , Mr. Tillis , Mr. Toomey , Mr. Tuberville , Mr. Wicker , Mr. Young , Mr. Kennedy , and Mr. Scott of South Carolina ) 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 codify the Trump administration rule on reporting requirements of exempt organizations, and for other purposes.
1. Short title This Act may be cited as the Don't Weaponize the IRS Act . 2. Organizations exempt from reporting (a) Gross receipts threshold Clause (ii) of section 6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $50,000 . (b) Organizations described Subparagraph (C) of section 6033(a)(3) of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of clause (v), (2) by striking the period at the end of clause (vi) and inserting a semicolon, and (3) by adding at the end the following new clauses: (vii) any other organization described in section 501(c) (other than a private foundation or a supporting organization described in section 509(a)(3)); and (viii) any organization (other than a private foundation or a supporting organization described in section 509(a)(3)) which is not described in section 170(c)(2)(A), or which is created or organized in a possession of the United States, which has no significant activity (including lobbying and political activity and the operation of a trade or business) other than investment activity in the United States. . (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. 3. Clarification of application to section 527 organizations (a) In general Paragraph (1) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (1) by striking This section and inserting Except as otherwise provided by this subsection, this section , and (2) by striking for the taxable year. and inserting for the taxable year in the same manner as to an organization exempt from taxation under section 501(a). . (b) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. 4. Reporting of names and addresses of contributors (a) In general Paragraph (1) of section 6033(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Except as provided in subsections (b)(5) and (g)(2)(B), such annual return shall not be required to include the names and addresses of contributors to the organization. . (b) Application to section 527 organizations Paragraph (2) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of subparagraph (A), (2) by redesignating subparagraph (B) as subparagraph (C), and (3) by inserting after subparagraph (A) the following new subparagraph: (B) containing the names and addresses of all substantial contributors, and . (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1777is/xml/BILLS-117s1777is.xml |
117-s-1778 | II 117th CONGRESS 1st Session S. 1778 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Bennet (for himself, Ms. Warren , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit transfers of individuals between ICE facilities and Federal, State, and local facilities, to ensure physical distancing inside ICE facilities, and for other purposes.
1. Short title This Act may be cited as the End Transfers of Detained Immigrants Act . 2. Limitation on transfers from ICE detention facilities (a) Transfers between ICE facilities (1) In general Except as provided in subsection (c), no person in the custody of U.S. Immigration and Customs Enforcement (referred to in this Act as ICE ) may be transferred between ICE facilities during the period beginning on the date of the enactment of this Act and ending on the date on which the public health emergency declared by the Department of Health and Human Services on January 27, 2020 has concluded. (2) Determination of conclusion of public health emergency For purposes of paragraph (1), the public health emergency referred to in such paragraph shall be deemed to conclude when the daily transmission rate of the novel coronavirus (2019–nCoV) that causes COVID–19 has been sufficiently contained so that the daily transmission rate of the virus in the United States during the prior 2-week period is at or below 1 per 1,500,000 individuals. (3) Transfers described The restriction under subsection (a)(1) shall apply to any transfer between any 2 ICE facilities utilized for the purpose of civil immigration detention, including— (A) service processing centers; (B) contract detention facilities; (C) facilities operating under intergovernmental service agreements (whether dedicated or nondedicated with ICE); (D) juvenile facilities; and (E) family residential centers. (b) Transfers between Federal, State, or local facilities (1) In general Except as provided in paragraph (2) or subsection (c), an ICE officer may not apprehend or transfer any individual to or from any ICE detention facility and— (A) a Federal prison, including any facility operated by the Bureau of Prisons or the United States Marshals Service and any other facility used for the detention of Federal prisoners; (B) a detention facility operated by a State or local law enforcement agency; (C) a shelter or facility, whether permanent or temporary in nature, housing unaccompanied minors in the custody of the Office of Refugee Resettlement; or (D) a State or local prison or jail. (2) Requirements Notwithstanding paragraph (1), a medical professional may authorize the transfer of an individual between an ICE detention facility and a State or local prison or jail if the medical professional— (A) administers a COVID–19 test; and (B) quarantines the individual in a nonpunitive medical unit immediately before or after conducting the transfer— (i) for a period of 14 consecutive days; or (ii) until the test comes back negative. (3) Defined term As used in paragraph (2)(B), the term nonpunitive medical unit excludes any punitive holding area, including isolation, solitary confinement, and administrative segregation. (c) Release of detainees Nothing in subsections (a) and (b) may be construed to prohibit— (1) the transfer of any individual solely for the purpose of necessary processing related to the individual’s release from custody; or (2) the transfer of a minor from the custody of ICE to the custody of the Office of Refugee Resettlement. 3. Physical distancing inside ICE facilities (a) In general If, at any time, the Department of Homeland Security Office of the Inspector General, the Centers for Disease Control and Prevention, State or local public health officials, court-appointed investigators, or the Director of ICE determine that ICE cannot ensure adherence to guidelines issued by the Centers for Disease Control and Prevention to mitigate against the spread of COVID–19 at any ICE facility, including maintaining physical distance between individuals in custody at all times, due to population levels or facility structures that necessitates housing and sleeping large groups of people in a single room, the Director shall— (1) immediately conduct a custody review of all the individuals detained at such facility; and (2) release all individuals who are determined eligible for release, with priority given to individuals who are most medically vulnerable to the effects of COVID–19. (b) Effect of failure To maintain physical distancing If the Director of ICE is unable to ensure physical distancing between all individuals in ICE custody at all times by the end of the 30-day period beginning on the date of the enactment of this Act, the Director shall— (1) immediately initiate a custody review of all the individuals detained by ICE; and (2) not later than 45 days after the date of the enactment of this Act, release sufficient numbers of detainees to ensure adherence to the guidelines issued by the Centers for Disease Control and Prevention regarding physical distancing to mitigate the spread of COVID–19. | https://www.govinfo.gov/content/pkg/BILLS-117s1778is/xml/BILLS-117s1778is.xml |
117-s-1779 | II 117th CONGRESS 1st Session S. 1779 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Duckworth (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to eliminate copayments by the Department of Veterans Affairs for medicines relating to preventive health services, and for other purposes.
1. Short title This Act may be cited as the Veterans Preventive Health Coverage Fairness Act . 2. Improvement to preventive health services furnished by Department of Veterans Affairs (a) Elimination of medication copayments Section 1722A(a)(3) of title 38, United States Code, is amended— (1) in subparagraph (C), by striking or ; (2) in subparagraph (D), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (E) to medication that is or is part of a preventive health service. . (b) Elimination of hospital care and medical services copayments Section 1710 of such title is amended— (1) in subsection (f)— (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph (5): (5) A veteran shall not be liable to the United States under this subsection for any amounts for preventive health services. ; and (2) in subsection (g)(3), by adding at the end the following new subparagraph: (C) Preventive health services. . (c) Definition Section 1701(9) of such title is amended— (1) in subparagraph (K), by striking ; and and inserting a semicolon; (2) by redesignating subparagraph (L) as subparagraph (O); and (3) by inserting after subparagraph (K) the following new subparagraphs: (L) evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force; (M) immunizations that have in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved; (N) with respect to services for women, the preventive care and screenings provided for in the Health Resources and Services Administration Women's Preventive Services Guidelines in effect as of the date of the enactment of the Veterans Preventive Health Coverage Fairness Act , or successor similar guidelines; and . | https://www.govinfo.gov/content/pkg/BILLS-117s1779is/xml/BILLS-117s1779is.xml |
117-s-1780 | II 117th CONGRESS 1st Session S. 1780 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Booker (for himself, Mr. Brown , Ms. Klobuchar , Mr. Markey , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To remove college cost as a barrier to every student having access to a well-prepared and diverse educator workforce, and for other purposes.
1. Short title This Act may be cited as the Diversifying by Investing in Educators and Students To Improve Outcomes For Youth Act or the Diversify Act . 2. Findings Congress finds the following: (1) Schools predominantly enrolling historically underserved students are often disproportionately impacted by teacher shortages. (2) According to Department of Education data for the 2020–2021 school year, to date 43 States are reporting shortages in mathematics teachers, 42 in science teachers, and 44 in special education teachers. (3) Data shows that, between 2009 and 2017, teacher education enrollments dropped from 691,000 to 444,000, a 38-percent reduction. This amounts to a decrease of about 340,000 professionals on their way to becoming teachers in the year 2017, as compared to 2009. (4) Current data show that the impacts of COVID–19 may be further exacerbating student access to well-prepared and diverse teachers through declining higher education enrollments and potential increased turnover due to pandemic teaching conditions, among other factors. (5) About 80 percent of educators begin teaching with a bachelor’s degree, yet the latest Federal data show a 4.5-percent decline in undergraduate enrollment in the Spring of 2021. Enrollment declines have inequitably impacted students of color. (6) In an August 2020 Census Bureau survey, respondents cited their inability to pay as a factor in their decision to forgo college. (7) Research suggests that service scholarship programs like the TEACH Grant Program are successful when they are both administratively manageable and when subsidies are large enough to substantially offset training costs. Efforts to increase the TEACH Grant award amount must be combined with efforts to ensure that the program is administratively manageable. In order for the TEACH Grant Program to meet its full potential, the research is clear that both criteria need to be addressed. (8) The TEACH Grant’s award amount has not increased since its creation in the bipartisan College Cost Reduction and Access Act ( Public Law 110–84 ). In addition, due to the Budget Control Act of 2011 ( Public Law 112–25 ), the maximum amount of grant aid available under the TEACH Grant Program of $4,000 a year has been cut for a majority of the program’s existence. This comes at a time when the yearly full cost of a public 4-year college for an in-State student exceeds $20,000. Further, more than two-thirds of individuals entering the field of education borrow money to pay for their higher education, resulting in an average debt of about $20,000 for those with a bachelor’s degree and $50,000 for those with a master’s degree. (9) Grant programs can eliminate or reduce the need to borrow student loans in order to afford a college education. This is important because a college student’s potential debt burden influences the student’s decisions about what profession to enter, with the result that the student is less likely to pursue a career in education or take other low-paying jobs after graduation if the student expects to incur more debt. This is especially true for students of color, who, according to a recent report, are more likely to come from families that are unable to contribute financially to their higher education. (10) Students with disabilities, including students of color with disabilities, are also likely to accrue significant student loan debt. This often results from limited ability to work while in school due to the increased time needed for coursework. (11) Teachers of color face unique barriers to entering and staying in the profession. For example, teachers of color are more likely to enter teaching through alternative pathways due to the high cost of traditional teacher preparation programs and the debt burden faced by college students of color. Lower quality pathways can result in less effective teaching and high turnover rates. Research shows that candidates who receive comprehensive preparation are 2 to 3 times more likely to stay in teaching than those who receive little training. In many cases, however, teachers of color are more likely to begin teaching without having completed comprehensive preparation and entering instead through alternative routes that often skip student teaching and key coursework, leaving teachers to learn on the job. (12) Research shows that recruiting and retaining a diverse teacher workforce is key to improving outcomes for all students and for closing achievement gaps. While White students also benefit by learning from teachers of color, the impact is especially significant for students of color, who have higher test scores, are more likely to graduate high school, and more likely to succeed in college when they have had teachers of color who serve as role models and support their attachment to school and learning. 3. Amendments to the TEACH Grants program under the Higher Education Act of 1965 Subpart 9 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070g et seq.) is amended— (1) in section 420L(1), by inserting (except that such term does not include an institution described in subsection (a)(1)(A) of section 102) after 102 ; (2) in section 420M— (A) in subsection (a)(1), by striking $4,000 and inserting $8,000 ; (B) in subsection (b)(3), by striking the second and third sentences and inserting the following: Any disbursement allowed to be made by crediting the teacher candidate's account shall be used for the full cost of attendance (as defined in section 472). ; and (C) in subsection (d)— (i) in paragraph (1)(B), by striking $16,000 and inserting $32,000 ; and (ii) in paragraph (2), by striking $8,000 and inserting $16,000 ; and (3) in section 420N— (A) in subsection (b)— (i) by striking paragraphs (2) and (3); (ii) by striking an agreement and all that follows through the applicant will and inserting an agreement by the applicant that the applicant will ; (iii) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively, and moving the margins of such paragraphs (as so redesignated) 2 ems to the left; (iv) by redesignating clauses (i) through (vii) as subparagraphs (A) through (G), respectively, and moving the margins of such subparagraphs (as so redesignated) 2 ems to the left; (v) in paragraph (2), as redesignated by clause (iii), by striking teach in a school described in section 465(a)(2)(A) and inserting teach in a school described in section 465(a)(2)(A) or teach in a high-need early education program ; and (vi) in paragraph (3), as redesignated by clause (iii)— (I) in subparagraph (F), as redesignated by clause (iv), by striking or after the semicolon; (II) in subparagraph (G), as redesignated by clause (iv), by inserting or after the semicolon; and (III) by adding at the end the following: (H) early childhood education; ; and (B) by striking subsection (c) and inserting the following: (c) Certificate Upon the completion of the service requirement in subsection (b), the Secretary shall send to the recipient of a grant under this subpart an electronic certificate documenting the completion of such service. ; (C) by redesignating subsection (d) as subsection (e); (D) by inserting after subsection (c) the following: (d) Prohibition The Secretary may not institute or create a monetary penalty for failure or refusal to complete the service requirement under subsection (b). ; and (E) in subsection (e), as redesignated by subparagraph (C)— (i) by striking subsection (b)(1)(C)(vii) and inserting subsection (b)(3)(G) ; and (ii) by striking subsection (b)(1) and inserting subsection (b) . 4. Amendment to the balanced budget and deficit control act (a) Exemption of program from sequestration Section 255(h) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(h) ) is amended by inserting after the item relating to Supplemental Security Income Program (28–0406–0–1–609). the following new item: TEACH Grants under subpart 9 of part A of title IV of the Higher Education Act of 1965. . (b) Applicability The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq.) on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1780is/xml/BILLS-117s1780is.xml |
117-s-1781 | II 117th CONGRESS 1st Session S. 1781 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Cortez Masto (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Comptroller General of the United States to assess the quality and nutrition of food available at military installations for members of the Armed Forces.
1. Short title This Act may be cited as the Military Nutrition Improvement Act . 2. Comptroller General assessment of quality and nutrition of food available at military installations for members of the Armed Forces (a) Assessment The Comptroller General of the United States shall conduct an assessment of the quality and nutrition of food available at military installations for members of the Armed Forces. (b) Elements The assessment required by subsection (a) shall include the following: (1) A description of the extent to which data is being collected on the nutritional food options available at military installations for members of the Armed Forces, including the fat, sodium, and fiber content of hot line foods. (2) An assessment of the extent to which the Department of Defense has evaluated whether the nutritional food options described in paragraph (1) meet or exceed the daily nutrition standards for adults set forth by the Department of Agriculture. (3) A description of how the Secretary integrates and coordinates nutrition recommendations, policies, and pertinent information through the Interagency Committee on Human Nutrition Research. (4) An assessment of the extent to which the Department of Defense has evaluated how such recommendations, policies, and information affect health outcomes of members of the Armed Forces or retention rates for those members who do not meet physical standards set forth by the Department. (5) A description of how the Secretary gathers input on the quality of food service options provided to members of the Armed Forces. (6) An assessment of how the Department of Defense tracks the attitudes and perceptions of members of the Armed Forces on the quality of food service operations at military installations in terms of availability during irregular hours, accessibility, portion, price, and quality. (7) An assessment of access by members of the Armed Forces to high-quality food options on military installations, such as availability of food outside typical meal times or options for members not located in close proximity to dining facilities at a military installation. (8) Such recommendations as the Comptroller General may have to address any findings related to the quality and availability of food options provided to members of the Armed Forces by the Department of Defense. (c) Briefing and report (1) Briefing Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the assessment conducted under subsection (a). (2) Report Not later than one year after the briefing under paragraph (1), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the assessment conducted under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1781is/xml/BILLS-117s1781is.xml |
117-s-1782 | II 117th CONGRESS 1st Session S. 1782 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Booker (for himself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of Energy to establish a grant program to facilitate tree planting that reduces residential energy consumption, and for other purposes.
1. Short title This Act may be cited as the Trees for Residential Energy and Economic Savings Act of 2021 or the TREES Act of 2021 . 2. Tree planting grant program (a) Definitions In this section: (1) Covered project The term covered project means a tree planting project that reduces residential energy consumption. (2) Eligible cost The term eligible cost means, with respect to a covered project— (A) the cost of carrying out the project, including— (i) planning and design activities; (ii) establishing nurseries to supply trees; (iii) purchasing trees; and (iv) preparing sites and planting trees; (B) the cost of maintaining and monitoring trees planted under the project for a period of not more than 3 years; (C) the cost of training activities; and (D) any other cost determined appropriate by the Secretary. (3) Eligible entity The term eligible entity means— (A) a State government entity; (B) a local government entity; (C) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (D) a nonprofit organization; and (E) a retail power provider. (4) Energy burden The term energy burden means the percentage of household income spent on residential energy bills. (5) Local government entity The term local government entity means any municipal government or county government entity with jurisdiction over local land use decisions. (6) Nonprofit organization The term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (7) Program The term Program means the program established under subsection (b). (8) Retail power provider The term retail power provider means any entity authorized under State or Federal law to generate, distribute, or provide retail electricity, natural gas, or fuel oil service. (9) Secretary The term Secretary means the Secretary of Energy. (b) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall award grants to eligible entities to facilitate covered projects in accordance with this section. (c) Consultation In carrying out the Program, the Secretary shall consult with the Secretary of Agriculture, acting through the Chief of the Forest Service. (d) Applications To receive a grant under the Program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, with respect to the proposed covered project, a description of— (1) how the covered project will reduce residential energy consumption and the expected reduction in residential energy consumption; (2) the total eligible costs of the covered project and other sources of funding for the covered project; (3) the anticipated community engagement in the covered project; and (4) the tree species to be planted under the covered project and the suitability of those species to the local environment. (e) Priority In awarding grants under the Program, the Secretary shall give priority to eligible entities that propose covered projects that— (1) provide the largest potential reduction in residential energy consumption for households with a high energy burden; (2) provide maximum amounts of— (A) shade during periods when residences are exposed to the most sun intensity; and (B) wind protection during periods when residences are exposed to the most wind intensity; (3) are located in a neighborhood with a low percentage of tree canopy cover; (4) are located in a neighborhood with a high percentage of senior citizens or children; (5) are located in an area where the average annual income is below the regional median; (6) will collaboratively engage community members that will be affected by the tree planting; and (7) will employ local residents as a substantial percentage of the workforce of the covered project, with a focus on local residents who are unemployed or underemployed. (f) Tree planting goals Subject to the availability of appropriations, the Secretary shall, to the maximum extent practicable, award grants under the Program in a manner that facilitates the planting of at least 300,000 trees each year. (g) Federal share The Federal share of the cost of a covered project carried out using a grant awarded under the Program shall be 90 percent. (h) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the Program $50,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1782is/xml/BILLS-117s1782is.xml |
117-s-1783 | II 117th CONGRESS 1st Session S. 1783 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide emergency loans to maintain access to essential services during the COVID–19 pandemic, and for other purposes.
1. Short title This Act may be cited as the Maintaining Access to Essential Services Act of 2021 . 2. Emergency loans to publicly owned and nonprofit water and wastewater utilities (a) Definitions In this section: (1) Emergency period The term emergency period means the period that— (A) begins on March 13, 2020; and (B) ends on the date on which the national emergency terminates under section 202 of the National Emergencies Act ( 50 U.S.C. 1622 ). (2) Loan program The term loan program means the loan program established by the Secretary under subsection (b). (3) Loan repayment date The term loan repayment date means the date that is 2 years after the date described in paragraph (1)(B). (4) National emergency The term national emergency means the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19). (5) Payment shortfall (A) In general The term payment shortfall , with respect to a qualified utility, means a good faith estimate of the total amount of rates and charges for water service provided during the emergency period that the qualified utility has not collected from residential water consumers of the qualified utility, as certified by the qualified utility to the Secretary under subsection (g)(1). (B) Exclusion The term payment shortfall does not include any portion of the uncollected amounts described in subparagraph (A) that the qualified utility has sold to a third party. (6) Qualified utility The term qualified utility means— (A) a publicly owned or nonprofit community water system (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f )); and (B) a publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 )). (7) Residential water consumer The term residential water consumer means a household that serves as a principal residence to which water services are provided for any purpose other than resale. (8) Secretary The term Secretary means Secretary of the Treasury. (9) Water service The term water service means the treatment and provision of drinking water, the collection and treatment of wastewater, or stormwater management provided by a qualified utility to a residential water consumer, including any activities necessary to provide those services. (b) Establishment (1) In general The Secretary shall establish a loan program to ensure that qualified utilities are able to continue providing water service to residential water consumers during the emergency period. (2) Requirement In carrying out the loan program, the Secretary shall take all necessary steps, including outreach and the provision of technical assistance to qualified utilities, to ensure that all qualified utilities, without reference to the size of the customer base of the qualified utility, have a fair opportunity to apply for and obtain loans under the loan program. (c) Loan authorization The Secretary may make 1 or more loans to a qualified utility under the loan program, such that the total amount of loans provided to the qualified utility is not greater than the payment shortfall of the qualified utility. (d) Loan repayment (1) In general Except as provided in paragraph (2) and subsection (e), a qualified utility receiving a loan under the loan program shall repay the loan in full, with accrued interest, not later than the loan repayment date. (2) Right to call Notwithstanding paragraph (1) and subsection (e), if the qualified utility carries out or fails to carry out, as applicable, any of the following actions, a loan received by the qualified utility under the loan program shall be due and payable in full, with accrued interest, 90 days after the date on which the utility carries out or fails to carry out, as applicable, that action: (A) During the emergency period and after the date on which the qualified utility receives the loan— (i) the qualified utility charges any residential water consumer interest, late fees, or other charges or penalties associated with the late payment or nonpayment of rates or charges for the provision of water service; (ii) the qualified utility discontinues water service or refuses to establish new water service to any residential water consumer of the qualified utility due to the nonpayment of rates or charges or the nonpayment of a deposit for the provision of water service; (iii) the qualified utility sells any uncollected residential water consumer debt; (iv) the qualified utility places, sells, or initiates the collection of a lien on the residence of a residential water consumer to collect outstanding rates or charges for water service; (v) the qualified utility files an adverse report on a residential water consumer to a credit reporting agency due to the nonpayment of rates or charges for the provision of water service; or (vi) the qualified utility charges a service restoration fee for the restoration of service described in subparagraph (B). (B) Not later than 30 days after the date on which the qualified utility receives the loan, the qualified utility fails to restore (except for reasons of safety) water service to all residential water consumers of the qualified utility who had been disconnected due to nonpayment of rates or charges for the provision of water service. (e) Loan forgiveness (1) In general Except as provided in subsection (d)(2), after receipt of a certification under subsection (g)(2), the Secretary shall forgive any loans provided to a qualified utility under the loan program in an amount equal to the total amount of the payment shortfall from the residential water consumers of the qualified utility for water service provided by the qualified utility to those residential water consumers during the emergency period. (2) Requirements On forgiveness of a loan or a portion of a loan under paragraph (1), the qualified utility shall— (A) forgive all outstanding debt owed to the qualified utility, including any interest charges, late fees, or other charges or penalties associated with late payment or the nonpayment of rates or charges for the provision of water service, that results from the provision of water services to residential water consumers during the emergency period; (B) not later than 30 days after the date on which the debt described in subparagraph (A) is forgiven for a residential water consumer, notify the residential water consumer of the amount of that forgiveness; and (C) file with the applicable State regulatory commission documents demonstrating that rates and charges for the provision of water service have been appropriately adjusted. (f) Interest rate A loan made under the loan program shall bear interest at a rate not to exceed 1 percent per year. (g) Borrower requirements (1) Application A qualified utility seeking a loan under the loan program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) the amount of the loan sought by the qualified utility, which shall be in an amount not greater than the payment shortfall of the qualified utility; and (B) a good faith certification that— (i) a significant number of the residential water consumers of the qualified utility have not paid for the water service received by those residential water consumers during the emergency period; (ii) the amount of the loan sought by the qualified utility is a good faith estimate of the payment shortfall of the qualified utility; and (iii) a loan in the amount described in subparagraph (A) is needed to support the qualified utility in continuing to provide water service to the residential water consumers of the qualified utility during the emergency period. (2) Final certification Not earlier than 18 months after the date described in subsection (a)(1)(B) and not later than the loan repayment date, a qualified utility that receives a loan under the loan program shall make a good faith certification to the Secretary of the total amount of rates that the qualified utility has not collected from the residential water consumers of the qualified utility for the water service provided to those residential water consumers during the emergency period, excluding any such amount of uncollected payments that the qualified utility has sold to a third party. (3) Reporting requirement A qualified utility that receives a loan under the loan program shall, for each month until the month after the month of the loan repayment date or the month in which the loan is forgiven under subsection (e), as applicable, submit to the Secretary a report that includes— (A) by ZIP Code— (i) the number of residential water consumers disconnected from water service by the qualified utility due to nonpayment of rates and charges for the provision of water service; (ii) the number of restorations of water service by the qualified utility of residential water consumers that had been disconnected for nonpayment of rates and charges for the provision of water service; (iii) for each applicable residential water consumer, the time between— (I) the disconnection of water service by the qualified utility for nonpayment of rates and charges for the provision of water service; and (II) the restoration of that water service; (iv) the average time between the disconnection and restoration described in clause (iii) for all residential water consumers disconnected during the applicable month; (v) the number of residential water consumers for which the time between the disconnection and restoration described in clause (iii) exceeded 2 days; (vi) the number of residential water consumers of the qualified utility that became eligible for disconnection of water service due to nonpayment of rates and charges for the provision of water service but, because of a loan received under the loan program, avoided disconnection; (vii) (I) the number of residential water consumers of the qualified utility that are in arrears of payment of rates and charges for the provision of water service by the qualified utility; and (II) the total amount and the range of arrearages for which all residential water consumers described in subclause (I) are in arrears; (viii) the total amount for which the residential water consumers described in clause (vii)(I) have had the amounts described in that clause forgiven; (ix) the number of residential water consumers that have had an arrearage described in clause (vii)(I) forgiven in full; (x) a good faith estimate of the average amount per residential water consumer of the forgiveness described in clause (ix); (xi) the number, if any, of residential water consumers that have had an arrearage described in clause (vii)(I) forgiven only in part; (xii) (I) the number, if any, of residential water consumers for whom an arrearage described in clause (vii)(I) has been sold to a third-party debt buyer; and (II) the total amount of arrearages described in clause (vii)(I) that have been sold to a third-party debt buyer, if any; and (xiii) data similar to the data described in clauses (i) through (xii) for the arrearages that had accrued at the beginning of the emergency period, including how much of those arrearages have been forgiven or sold, and how much of those arrearages remain; and (B) a statement of whether the qualified utility has carried out any of the actions described in subsection (d)(2)(A) or failed to carry out any of the actions described in subsection (d)(2)(B) within the applicable month. (h) Submissions to Congress (1) Monthly reports Not later than 180 days after the date of enactment of this Act, and every other month thereafter for which funding for this section remains available, the Secretary shall submit to the Committees on Appropriations, Financial Services, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Finance of the Senate a report that describes— (A) each qualified utility that received a loan under or pursuant to this section; (B) the total amount of each loan provided under or pursuant to this section; (C) the amount forgiven under subsection (e) for each loan provided under or pursuant to this section; and (D) a summary of the information provided by each qualified utility that receives a loan under or pursuant to this section under paragraphs (2) and (3) of subsection (g). (2) Other reports The Secretary shall submit to the Committees on Appropriations, Financial Services, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Finance of the Senate a report that describes the results of activities carried out pursuant to this section— (A) not later than 1 year after the date of enactment of this Act; (B) on the date on which all funds appropriated under subsection (j) have been fully disbursed; and (C) on the date on which all loans made under or pursuant to this section have been repaid or forgiven. (i) Savings clause Except as provided in subsection (e), nothing in this section affects the obligation of— (1) a residential water consumer to pay for water service received by the residential water consumer; or (2) a qualified utility to make reasonable, good faith efforts to collect payment for water services provided to residential water consumers of the qualified utility. (j) Mandatory spending (1) In general There is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $9,000,000,000 to carry out this section, to remain available until September 30, 2025. (2) Requirement Of the amounts made available under paragraph (1) to provide loans under the loan program— (A) 50 percent shall be used to provide loans to qualified utilities described in subsection (a)(6)(A); and (B) 50 percent shall be used to provide loans to qualified utilities described in subsection (a)(6)(B). 3. Emergency loans to privately-owned water utilities (a) Definitions In this section: (1) Emergency period The term emergency period means the period that— (A) begins on March 13, 2020; and (B) ends on the date on which the national emergency terminates under section 202 of the National Emergencies Act ( 50 U.S.C. 1622 ). (2) Loan program The term loan program means the loan program established by the Secretary under subsection (b). (3) Loan repayment date The term loan repayment date means the date that is 2 years after the date described in paragraph (1)(B). (4) National emergency The term national emergency means the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19). (5) Payment shortfall (A) In general The term payment shortfall , with respect to a qualified utility, means a good faith estimate of the total amount of rates and charges for water service provided during the emergency period that the qualified utility has not collected from residential water consumers of the qualified utility, as certified by the qualified utility to the Secretary under subsection (g)(1). (B) Exclusion The term payment shortfall does not include any portion of the uncollected amounts described in subparagraph (A) that the qualified utility has sold to a third party. (6) Qualified utility The term qualified utility means— (A) a privately owned, for-profit community water system (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f )); and (B) a privately owned, for-profit treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 )). (7) Residential water consumer The term residential water consumer means a household that serves as a principal residence to which water services are provided for any purpose other than resale. (8) Secretary The term Secretary means the Secretary of the Treasury. (9) Water service The term water service means the treatment and provision of drinking water, the collection and treatment of wastewater, or stormwater management provided by a qualified utility to a residential water consumer, including any activities necessary to provide those services. (b) Establishment (1) In general The Secretary shall establish a loan program to ensure that qualified utilities are able to continue providing water service to residential water consumers during the emergency period. (2) Requirement In carrying out the loan program, the Secretary shall take all necessary steps, including outreach and the provision of technical assistance to qualified utilities, to ensure that all qualified utilities, without reference to the size of the customer base of the qualified utility, have a fair opportunity to apply for and obtain loans under the loan program. (c) Loan authorization The Secretary may make 1 or more loans to a qualified utility under the loan program, such that the total amount of loans provided to the qualified utility is not greater than the payment shortfall of the qualified utility. (d) Loan repayment (1) In general Except as provided in paragraph (2) and subsection (e), a qualified utility receiving a loan under the loan program shall repay the loan in full, with accrued interest, not later than the loan repayment date. (2) Right to call Notwithstanding paragraph (1) and subsection (e), if the qualified utility carries out or fails to carry out, as applicable, any of the following actions, a loan received by the qualified utility under the loan program shall be due and payable in full, with accrued interest, 90 days after the date on which the utility carries out or fails to carry out, as applicable, that action: (A) During the emergency period and after the date on which the qualified utility receives the loan— (i) the qualified utility charges any residential water consumer interest, late fees, or other charges or penalties associated with the late payment or nonpayment of rates or charges for the provision of water service; (ii) the qualified utility discontinues water service or refuses to establish new water service to any residential water consumer of the qualified utility due to the nonpayment of rates or charges or the nonpayment of a deposit for the provision of water service; (iii) the qualified utility sells any uncollected residential water consumer debt; (iv) the qualified utility files an adverse report on a residential water consumer to a credit reporting agency due to the nonpayment of rates or charges for the provision of water service; or (v) the qualified utility charges a service restoration fee for the restoration of service described in subparagraph (B). (B) Not later than 30 days after the date on which the qualified utility receives the loan, the qualified utility fails to restore (except for reasons of safety) water service to all residential water consumers of the qualified utility who had been disconnected due to nonpayment of rates or charges for the provision of water service. (e) Loan forgiveness (1) In general Except as provided in subsection (d)(2), after receipt of a certification under subsection (g)(2), the Secretary shall forgive any loans provided to a qualified utility under the loan program in an amount equal to 50 percent of the total amount of the payment shortfall from the residential water consumers of the qualified utility for water service provided by the qualified utility to those residential water consumers during the emergency period. (2) Requirements On forgiveness of a loan or a portion of a loan under paragraph (1), the qualified utility shall— (A) forgive all outstanding debt owed to the qualified utility, including any interest charges, late fees, or other charges or penalties associated with late payment or the nonpayment of rates or charges for the provision of water service, that results from the provision of water services to residential water consumers during the emergency period; and (B) not later than 30 days after the date on which the debt described in subparagraph (A) is forgiven for a residential water consumer, notify the residential water consumer of the amount of that forgiveness. (f) Interest rate A loan made under the loan program shall bear interest at a rate not to exceed 1 percent per year. (g) Borrower requirements (1) Application A qualified utility seeking a loan under the loan program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) the amount of the loan sought by the qualified utility, which shall be in an amount not greater than the payment shortfall of the qualified utility; and (B) a good faith certification that— (i) a significant number of the residential water consumers of the qualified utility are unable to pay for the water service received by those residential water consumers during the emergency period; and (ii) the amount of the loan sought by the qualified utility is a good faith estimate of the payment shortfall of the qualified utility. (2) Final certification Not earlier than 18 months after the date described in subsection (a)(1)(B) and not later than the loan repayment date, a qualified utility that receives a loan under the loan program shall make a good faith certification to the Secretary of the total amount of rates that the qualified utility has not collected from the residential water consumers of the qualified utility for the water service provided to those residential water consumers during the emergency period, excluding any such amount of uncollected payments that the qualified utility has sold to a third party. (3) Reporting requirement A qualified utility that receives a loan under the loan program shall, for each month until the month after the month of the loan repayment date or the month in which the loan is forgiven under subsection (e), as applicable, submit to the Secretary a report that includes— (A) by ZIP Code— (i) the number of residential water consumers disconnected from water service by the qualified utility due to nonpayment of rates and charges for the provision of water service; (ii) the number of restorations of water service by the qualified utility of residential water consumers that had been disconnected for nonpayment of rates and charges for the provision of water service; (iii) the average time of the qualified utility between— (I) the disconnection of water service by the qualified utility for nonpayment of rates and charges for the provision of water service; and (II) the restoration of that water service; (iv) the number of residential water consumers of the qualified utility that became eligible for disconnection of water service due to nonpayment of rates and charges for the provision of water service but, because of a loan received under the loan program, avoided disconnection; (v) (I) the number of residential water consumers of the qualified utility that are in arrears of payment of rates and charges for the provision of water service by the qualified utility; and (II) the total amount and the range of arrearages for which all residential water consumers described in subclause (I) are in arrears; (vi) the total amount for which the residential water consumers described in clause (v)(I) have had the amounts described in that clause forgiven; (vii) the number of residential water consumers that have had an arrearage described in clause (v)(I) forgiven in full; (viii) a good faith estimate of the average amount per residential water consumer of the forgiveness described in clause (vii); (ix) the number, if any, of residential water consumers that have had an arrearage described in clause (v)(I) forgiven only in part; (x) (I) the number, if any, of residential water consumers for whom an arrearage described in clause (v)(I) has been sold to a third-party debt buyer; and (II) the total amount of arrearages described in clause (v)(I) that have been sold to a third-party debt buyer, if any; and (xi) data similar to the data described in clauses (i) through (x) for the arrearages that had accrued at the beginning of the emergency period, including how much of those arrearages have been forgiven or sold, and how much of those arrearages remain; and (B) a statement of whether the qualified utility has carried out any of the actions described in subsection (d)(2)(A) or failed to carry out any of the actions described in subsection (d)(2)(B) within the applicable month. (h) Submissions to Congress (1) Monthly reports Not later than 180 days after the date of enactment of this Act, and every other month thereafter for which funding for this section remains available, the Secretary shall submit to the Committees on Appropriations, Financial Services, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Finance of the Senate a report that describes— (A) each qualified utility that received a loan under or pursuant to this section; (B) the total amount of each loan provided under or pursuant to this section; (C) the amount forgiven under subsection (e) for each loan provided under or pursuant to this section; and (D) a summary of the information provided by each qualified utility that receives a loan under or pursuant to this section under paragraphs (2) and (3) of subsection (g). (2) Other reports The Secretary shall submit to the Committees on Appropriations, Financial Services, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Finance of the Senate a report that describes the results of activities carried out pursuant to this section— (A) not later than 1 year after the date of enactment of this Act; (B) on the date on which all funds appropriated under subsection (k) have been fully disbursed; and (C) on the date on which all loans made under or pursuant to this section have been repaid or forgiven. (i) Taxability A loan forgiven under subsection (e) shall be excluded from gross income for purposes of the Internal Revenue Code of 1986. (j) Savings clause Except as provided in subsection (e), nothing in this section affects the obligation of— (1) a residential water consumer to pay for water service received by the residential water consumer; or (2) a qualified utility to make reasonable, good faith efforts to collect payment for water services provided to residential water consumers of the qualified utility. (k) Mandatory spending (1) In general There is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $1,000,000,000 to carry out this section, to remain available until September 30, 2025. (2) Requirement Of the amounts made available under paragraph (1) to provide loans under the loan program— (A) 75 percent shall be used to provide loans to qualified utilities described in subsection (a)(6)(A); and (B) 25 percent shall be used to provide loans to qualified utilities described in subsection (a)(6)(B). 4. Emergency loans to municipal and cooperative electric utilities (a) Definitions In this section: (1) Electric service The term electric service means the delivery of electric energy by a qualified utility to a residential electricity consumer. (2) Electricity consumer The term electricity consumer means a person to which electric energy is sold by a qualified utility for any purpose other than resale. (3) Emergency period The term emergency period means the period that— (A) begins on March 13, 2020; and (B) ends on the date on which the national emergency terminates under section 202 of the National Emergencies Act ( 50 U.S.C. 1622 ). (4) Loan program The term loan program means the loan program established by the Secretary under subsection (b). (5) Loan repayment date The term loan repayment date means the date that is 2 years after the date described in paragraph (3)(B). (6) National emergency The term national emergency means the national emergency declared by the President in response to the coronavirus disease on March 13, 2020 (Proclamation 9994, 85 Fed. Reg. 15337 (Mar. 18, 2020)). (7) Payment shortfall The term payment shortfall , with respect to a qualified utility, means a good faith estimate of the total amount of rates and charges (including interest and fees) for electric service provided during the emergency period that the qualified utility is unable to collect from all residential electricity consumers of the qualified utility, as certified by the qualified utility to the Secretary under subsection (g)(1). (8) Qualified utility The term qualified utility means— (A) an electric cooperative (as defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 )); and (B) an agency, authority, or instrumentality of a State or political subdivision of a State that sells electric energy to residential electricity consumers. (9) Secretary The term Secretary means the Secretary of Energy. (b) Establishment The Secretary shall establish a loan program to ensure that qualified utilities are able to continue providing electric service to residential electricity consumers during the emergency period. (c) Loan authorization The Secretary may make 1 or more loans to a qualified utility under the loan program, such that the total amount of loans provided to the qualified utility is not more than the payment shortfall of the qualified utility. (d) Loan repayment (1) In general Except as provided in paragraph (2) and subsection (e), a qualified utility receiving a loan under the loan program shall repay the loan in full, with accrued interest, not later than the loan repayment date. (2) Right to call Notwithstanding paragraph (1) and subsection (e), if, during the emergency period and after the date on which a qualified utility receives a loan under the loan program, the qualified utility discontinues electric service to the residential electricity consumers of the qualified utility due to nonpayment of rates and charges for the provision of electric service, the loan shall be due and payable in full, with accrued interest, 90 days after the date on which the qualified utility discontinues that electric service. (e) Loan forgiveness Except as provided in subsection (d)(2), the Secretary shall forgive any loans provided to a qualified utility under the loan program in an amount equal to the total amount of payments the qualified utility was unable to collect from the residential electricity consumers of the qualified utility for electric service provided by the qualified utility to those residential electricity consumers during the emergency period. (f) Interest rate A loan made under the loan program shall bear interest at a rate not to exceed 1 percent per year. (g) Borrower requirements (1) Application A qualified utility seeking a loan under the loan program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) the amount of the loan sought by the qualified utility, which shall be in an amount equal to the payment shortfall of the qualified utility; and (B) a good faith certification that— (i) a significant number of the residential electricity consumers of the qualified utility are unable to pay for the electric service received by those residential electricity consumers during the emergency period; (ii) the amount of the loan sought by the qualified utility is a good faith estimate of the payment shortfall of the qualified utility; and (iii) a loan in the amount described in subparagraph (A) is needed to support the qualified utility in continuing to provide electric service to the residential electricity consumers of the qualified utility during the emergency period. (2) Final certification Not earlier than the date described in subsection (a)(3)(B) and not later than the loan repayment date, a qualified utility that receives a loan under the loan program shall make a good faith certification to the Secretary of the total amount of rates and charges (including interest and fees) that the qualified utility has been unable to recover from the residential electricity consumers of the qualified utility for the electric service provided to those residential electricity consumers during the emergency period. (h) Taxability A loan forgiven under subsection (e) shall be excluded from gross income for purposes of the Internal Revenue Code of 1986. (i) Savings clause Except as provided in subsection (e), nothing in this section affects the obligation of— (1) an electricity consumer to pay for electric service received by the electricity consumer; or (2) a qualified utility to make reasonable, good faith efforts to collect payment for electric service provided to electricity consumers of the qualified utility. (j) Mandatory spending (1) In general There is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $4,000,000,000 to carry out this section, to remain available until September 30, 2025. (2) Requirement Of the amounts made available under paragraph (1) to provide loans under the loan program— (A) 50 percent shall be used to provide loans to qualified utilities described in subsection (a)(8)(A); and (B) 50 percent shall be used to provide loans to qualified utilities described in subsection (a)(8)(B). 5. Emergency loans to investor-owned energy utilities (a) Definitions In this section: (1) Emergency period The term emergency period means the period that— (A) begins on March 13, 2020; and (B) ends on the date on which the national emergency terminates under section 202 of the National Emergencies Act ( 50 U.S.C. 1622 ). (2) Energy consumer The term energy consumer means a person to which electric energy, natural gas, or propane is sold by a qualified utility for any purpose other than resale. (3) Energy service The term energy service means the delivery of electric energy, natural gas, or propane by a qualified utility to a residential energy consumer. (4) Interest, late fees, or other charges The term interest, late fees, or other charges , with respect to the provision of energy service to a residential energy consumer, includes— (A) any late fee charged by a qualified utility with respect to the payment or nonpayment of rates; (B) any other fee charged by a qualified utility that is associated with— (i) the payment or nonpayment of rates; or (ii) the connection, disconnection, or reconnection of a residential energy consumer; and (C) any interest charged by a qualified utility to a residential energy consumer. (5) Loan program The term loan program means the loan program established by the Secretary under subsection (b). (6) Loan repayment date The term loan repayment date means the date that is 2 years after the date described in paragraph (1)(B). (7) National emergency The term national emergency means the national emergency declared by the President in response to the coronavirus disease on March 13, 2020 (Proclamation 9994, 85 Fed. Reg. 15337 (Mar. 18, 2020)). (8) Payment shortfall The term payment shortfall , with respect to a qualified utility, means a good faith estimate of the total amount of rates for energy service provided during the emergency period that the qualified utility is unable to collect from all residential energy consumers of the qualified utility, as certified by the qualified utility to the Secretary under subsection (g)(1). (9) Qualified utility The term qualified utility means an investor-owned— (A) electric utility; (B) gas utility; or (C) utility that sells and delivers propane to energy consumers. (10) Rate (A) In general The term rate , with respect to the provision of energy service to a residential energy consumer, means the amount charged by a qualified utility for that energy service. (B) Exclusions The term rate does not include— (i) any late fee charged by a qualified utility with respect to the payment or nonpayment of an amount described in subparagraph (A); (ii) any other fee charged by a qualified utility that is associated with— (I) the payment or nonpayment of an amount described in that subparagraph; or (II) the connection, disconnection, or reconnection of a residential energy consumer; or (iii) any interest charged by a qualified utility to a residential energy consumer, including any interest on— (I) a fee described in clause (i) or (ii); or (II) an amount described in subparagraph (A). (11) Secretary The term Secretary means the Secretary of the Treasury. (b) Establishment The Secretary shall establish a loan program to ensure that qualified utilities are able to continue providing energy service to residential energy consumers during the emergency period. (c) Loan authorization The Secretary may make 1 or more loans to a qualified utility under the loan program, such that the total amount of loans provided to the qualified utility is not more than the payment shortfall of the qualified utility. (d) Loan repayment (1) In general Except as provided in paragraph (2) and subsection (e), a qualified utility receiving a loan under the loan program shall repay the loan in full, with accrued interest, not later than the loan repayment date. (2) Right to call Notwithstanding paragraph (1) and subsection (e), if, during the emergency period and after the date on which a qualified utility receives a loan under the loan program, the qualified utility charges residential energy consumers interest, late fees, or other charges, does not reconnect all residential energy consumers who have been disconnected for nonpayment of rates or interest, late fees, or other charges by the date that is 30 days after the date on which the loan is made, or discontinues energy service to a residential energy consumer due to nonpayment of rates or interest, late fees, or other charges, the loan shall be due and payable in full, with accrued interest, 90 days after, as applicable— (A) the date on which the qualified utility first charged residential energy consumers interest, late fees, or other charges after receiving the loan; (B) the deadline by which to reconnect all residential energy consumers under this paragraph; or (C) the first date after receipt of the loan on which the qualified utility disconnected a residential energy consumer. (e) Loan forgiveness (1) In general Except as provided in subsection (d)(2), after receiving from a qualified utility the final certification described in subsection (g)(2), the Secretary shall forgive any loans provided to that qualified utility under the loan program in an amount equal to 50 percent of the total amount of rates the qualified utility was unable to collect from the residential energy consumers of the qualified utility for energy service provided by the qualified utility to those residential energy consumers during the emergency period. (2) Requirement On forgiveness of a loan or a portion of a loan under paragraph (1), the qualified utility shall forgive all outstanding debt owed to the qualified utility that results from the provision of energy service to residential energy consumers during the emergency period. (f) Interest rate A loan made under the loan program shall bear interest at a rate not to exceed 1 percent per year. (g) Borrower requirements (1) Application A qualified utility seeking a loan under the loan program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) the amount of the loan sought by the qualified utility, which shall be in an amount equal to the payment shortfall of the qualified utility; and (B) a good faith certification that— (i) a significant number of the residential energy consumers of the qualified utility are unable to pay for the energy service received by those residential energy consumers during the emergency period; and (ii) the amount of the loan sought by the qualified utility is a good faith estimate of the payment shortfall of the qualified utility. (2) Final certification Not earlier than the date that is 18 months after the date described in subsection (a)(1)(B) and not later than the loan repayment date, a qualified utility that receives a loan under the loan program shall make a good faith certification to the Secretary of the amount of rates that the qualified utility has not recovered from the residential energy consumers of the qualified utility for the energy service provided to those residential energy consumers during the emergency period. (3) Reporting requirements A qualified utility that receives a loan under the loan program shall submit to the Secretary a monthly report describing— (A) the number of residential energy consumers disconnected by the qualified utility for nonpayment; (B) the number of service restorations to residential energy consumers disconnected for nonpayment; (C) the average time between service disconnection for nonpayment and service restoration; (D) the number of residential energy consumers that became eligible for disconnection for nonpayment but avoided disconnection because of a loan under the loan program; (E) the number of residential energy consumers in arrears and the total dollar amount of arrears for residential energy consumers of the qualified utility; and (F) the amount of arrears forgiven by the qualified utility with respect to residential energy consumers. (h) Taxability A loan forgiven under subsection (e) shall be excluded from gross income for purposes of the Internal Revenue Code of 1986. (i) Savings clause Except as provided in subsection (e), nothing in this section affects the obligation of— (1) an energy consumer to pay for energy service received by the energy consumer; or (2) a qualified utility to make reasonable, good faith efforts to collect payment for energy service provided to energy consumers of the qualified utility. (j) Mandatory spending There is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $6,000,000,000 to carry out this section, to remain available until September 30, 2025. 6. Emergency loans to internet service providers (a) Definitions In this section: (1) Covered loan The term covered loan means a loan made by the Secretary to an internet service provider under the program established under subsection (c). (2) Internet consumer The term internet consumer means a household to which internet service is provided. (3) Emergency period The term emergency period means the period during which the national emergency declaration by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) is in effect. (4) Large internet service provider The term large internet service provider means an internet service provider that provides internet service to not fewer than 250,000 customers. (5) Loan repayment date The term loan repayment date means the date that is 2 years after the last day of the emergency period. (6) Payment shortfall The term payment shortfall means the total amount of rates and charges for internet service provided by an internet service provider during the emergency period that the provider is unable to recover from internet consumers. (7) Secretary The term Secretary means the Secretary of the Treasury. (8) Small internet service provider The term small internet service provider means an internet service provider that provides internet service to fewer than 250,000 customers. (b) Establishment of loan program The Secretary shall establish a loan program in accordance with this section to ensure that internet service providers are able to continue providing internet service to their internet consumers during the emergency period. (c) Loan authorization The Secretary may make 1 or more loans to an internet service provider under this section in a total amount equal to the payment shortfall of the internet service provider, based on a good-faith estimate of the payment shortfall made by the provider when applying for the loan. (d) Loan repayment (1) In general Except as provided in paragraph (2) and subsections (e) and (f), not later than the loan repayment date, an internet service provider receiving a covered loan shall repay the covered loan in full, with accrued interest. (2) Extension if forgiveness amount pending It shall not be considered a violation of paragraph (1) if an internet service provider— (A) submits a final certification under subsection (h)(2) on or before the loan repayment date; (B) is unable to meet the deadline under paragraph (1) of this subsection because the internet service provider is waiting for the Secretary to calculate the amount of the covered loan that will be forgiven; and (C) pays the final balance owed on the covered loan within a reasonable amount of time, as determined by the Secretary, after the Secretary forgives the covered loan (in whole or in part) under subsection (e)(1). (e) Loan forgiveness (1) Forgiveness of covered loans (A) In general Except as provided in subsection (f), after receiving a final certification from an internet service provider under subsection (h)(2), the Secretary shall forgive— (i) the portion of the total amount of covered loans made to the internet service provider that is equal to the applicable amount; and (ii) the interest accrued on the forgiven amount described in clause (i). (B) Applicable amount For purposes of this paragraph, the term applicable amount — (i) with respect to a small internet service provider, means the payment shortfall; and (ii) with respect to a large internet service provider, means one-half of the payment shortfall. (2) Forgiveness of customer debt Upon forgiveness of the covered loans (in whole or in part) made to an internet service provider under paragraph (1), the internet service provider shall forgive all outstanding debt of the internet consumers of the internet service provider relating to internet service provided during the emergency period. (f) Right to call If, after receipt of a covered loan, an internet service provider discontinues internet service to an internet consumer for nonpayment of a bill during the emergency period, the covered loan shall be due and payable in full to the Secretary, with accrued interest, not later than 90 days after the date of discontinuance. (g) Interest rate A covered loan shall bear interest at a rate of not more than 1 percent per year. (h) Borrower requirements (1) Initial certification In applying for a covered loan, an internet service provider shall certify to the Secretary that— (A) a significant number of its internet consumers are unable to pay for internet service during the national emergency; and (B) the amount of the covered loan requested is a good faith estimate of the payment shortfall of the internet service provider. (2) Final certification Not earlier than 18 months after the last day of the emergency period, and not later than the loan repayment date, an internet service provider that receives a covered loan shall certify to the Secretary the amount of the payment shortfall. (i) Taxability For purposes of the Internal Revenue Code of 1986, any amount that (but for this subsection) would be included in the gross income of an internet service provider by reason of forgiveness under subsection (e)(1) shall be excluded from gross income. (j) Savings clause Except as provided in subsection (e), nothing in this section shall be construed to relieve— (1) an internet consumer from paying for internet service provided to the internet consumer; or (2) an internet service provider from making reasonable, good faith efforts to collect payment for internet service from its internet consumers. (k) Direct appropriation Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this section $10,000,000,000 for fiscal year 2021, to remain available through September 30, 2025, of which— (1) $4,000,000,000 shall be for covered loans to small internet service providers; and (2) $6,000,000,000 shall be for covered loans to large internet service providers. | https://www.govinfo.gov/content/pkg/BILLS-117s1783is/xml/BILLS-117s1783is.xml |
117-s-1784 | II 117th CONGRESS 1st Session S. 1784 IN THE SENATE OF THE UNITED STATES May 20, 2021 Ms. Duckworth (for herself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Fairness to Contact Lens Consumers Act to modernize verification of contact lens prescriptions, and for other purposes.
1. Short title This Act may be cited as the Contact Lens Prescription Verification Modernization Act . 2. Amendments Section 4 of the Fairness to Contact Lens Consumers Act ( 15 U.S.C. 7603 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (B) by striking A seller may and inserting the following: (1) Sellers generally A seller may ; and (C) by adding at the end the following new paragraphs: (2) Online sellers An online seller of contact lenses shall provide a method that enables an individual to electronically transmit, in accordance with the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) )), a copy of a contact lens prescription for such individual. (3) Encryption required Any protected health information (as defined for purposes of the HIPAA privacy regulation) that an online seller sends pursuant to this section by email shall be encrypted. ; (2) in subsection (c)(6), by striking and telephone number and inserting the following: , telephone number, and email address ; and (3) in subsection (g), by striking the period at the end and inserting the following: , but does not include a call made using an artificial or prerecorded voice. . | https://www.govinfo.gov/content/pkg/BILLS-117s1784is/xml/BILLS-117s1784is.xml |
117-s-1785 | II 117th CONGRESS 1st Session S. 1785 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Schatz (for himself, Mr. Bennet , Mr. Van Hollen , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To repeal the debt ceiling, and for other purposes.
1. Short title This Act may be cited as the End the Threat of Default Act . 2. Repeal of debt ceiling (a) In general Section 3101 of title 31, United States Code, is repealed. (b) Technical and conforming amendments (1) Section 301(b)(5) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(b)(5) ) is amended by striking debt subject to limit (in section 3101 of title 31 of the United States Code) and inserting face value of obligations issued under chapter 31 of title 31, United States Code, and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) . (2) Section 8348 of title 5, United States Code, is amended by striking subsections (j), (k), and (l). (3) Section 8438 of title 5, United States Code, is amended by striking subsections (g) and (h). (4) Section 14(d)(2) of the Federal Deposit Insurance Act ( 12 U.S.C. 1824(d)(2) ) is amended— (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively. (5) Section 3101A of title 31, United States Code, is repealed. (6) Section 3130(e)(2) of title 31, United States Code, is amended by striking total amount of the obligations subject to the public debt limit established in section 3101 of this title and inserting face value of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) . (7) Section 1145(b) of the Social Security Act ( 42 U.S.C. 1320b–15(b) ) is amended by striking any obligation subject to the public debt limit established under section 3101 of title 31, United States Code and inserting any obligation issued under chapter 31 of title 31, United States Code, and any obligation whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) . (8) The table of sections for chapter 31 of title 31, United States Code, is amended by striking the items relating to sections 3101 and 3101A. (c) Savings provisions (1) Civil service retirement and disability fund Notwithstanding the amendments made by subsection (b), paragraphs (2), (3), and (4) of subsection (j) and subsection (l)(1) of section 8348 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to any debt issuance suspension period (as defined under section 8348(j)(5) of such title) that is in effect on the date of enactment of this Act. (2) Thrift savings fund Notwithstanding the amendments made by subsection (b), paragraphs (2), (3), and (4) of subsection (g) and subsection (h)(1) of section 8438 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, shall apply to any debt issuance suspension period (as defined under section 8438(g)(6) of such title) that is in effect on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1785is/xml/BILLS-117s1785is.xml |
117-s-1786 | II 117th CONGRESS 1st Session S. 1786 IN THE SENATE OF THE UNITED STATES May 24, 2021 Ms. Klobuchar (for herself, Mr. Durbin , Mr. Blumenthal , Mr. Booker , Mr. King , Mr. Merkley , Mr. Van Hollen , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Federal Election Campaign Act of 1971 to require disclosures to contributors regarding recurring contributions or donations.
1. Short title This Act may be cited as the Rescuing Every Contributor from Unwanted Recurrences (RECUR) Act . 2. Required disclosures to contributors regarding recurring contributions or donations (a) In general Section 318(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(d) ) is amended by adding at the end the following new paragraph: (3) Communications that solicit recurring contributions or donations (A) In general Any person soliciting a recurring contribution to a political committee, a recurring contribution to fund an independent expenditure, or a recurring donation to fund an electioneering communication must receive the affirmative consent of the contributor or donor at the arrangement of the recurring contribution or donation. Passive action by the contributor or donor, such as failing to uncheck a pre-checked box authorizing a recurring contribution, shall not meet the requirement of affirmative consent under this subparagraph. (B) Requirements Any person accepting a recurring contribution or donation described in subparagraph (A) shall— (i) provide a receipt for an initial contribution or donation and each recurrence that clearly and conspicuously discloses all material terms; (ii) provide all information needed to cancel recurring contributions or donations in each communication with the contributor or donor that concerns the contribution or donation; and (iii) shall immediately cancel recurring contributions or donations upon request of the contributor or donor. . (b) Deadline for regulations Not later than 180 days after the date of enactment of this Act, the Federal Election Commission shall promulgate regulations to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1786is/xml/BILLS-117s1786is.xml |
117-s-1787 | II 117th CONGRESS 1st Session S. 1787 IN THE SENATE OF THE UNITED STATES May 24, 2021 Mr. Lee (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28 of the United States Code to prevent the transfer of actions arising under the antitrust laws in which a State is a complainant.
1. Short title This Act may be cited as the State Antitrust Enforcement Venue Act of 2021 . 2. Amendments Section 1407 of title 28 of the United States Code is amended— (1) in subsection (g) by inserting or a State after United States , and (2) by striking subsection (h). 3. Effective date This Act and the amendments made by this Act, shall take effect on June 1, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1787is/xml/BILLS-117s1787is.xml |
117-s-1788 | II 117th CONGRESS 1st Session S. 1788 IN THE SENATE OF THE UNITED STATES May 24, 2021 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide appropriations for the Internal Revenue Service to overhaul technology and strengthen enforcement, and for other purposes.
1. Short title This Act may be cited as the Restoring the IRS Act . 2. Sense of Congress It is the sense of Congress that— (1) the Internal Revenue Service should be given resources to increase audits and enforcement of tax compliance of high-income, high-wealth individuals and corporations, with an emphasis on the auditing and enforcement of tax compliance by individuals with gross income of not less than $1,000,000 and of large corporations; (2) priorities for actions and resources to improve compliance with tax laws should be guided by the relative revenue loss from non-compliance; (3) the Internal Revenue Service should ensure there are not racial disparities in its enforcement activities; (4) it should be the goal of the Internal Revenue service that, by the tenth tax year after the date of the enactment of this Act, the net tax gap should be reduced by at least one-third, as compared with the fraction estimated in the most recently Internal Revenue Service study prior to such date of enactment; and (5) it should be the goal of the Internal Revenue Service to provide quality, timely, and accurate assistance to all taxpayers interacting with the Internal Revenue Service. 3. Internal Revenue Service appropriations (a) In general There is hereby appropriated to each fiscal year ending after fiscal year 2021, out of any moneys in the Treasury not otherwise appropriated, $31,500,000,000, for necessary expenses for activities of the Internal Revenue Service related to the following activities: (1) To provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner, and other related expenses, including the Tax Counseling for the Elderly Program, low-income taxpayer clinic grants, and the Taxpayer Advocate Service. (2) Tax enforcement activities to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other financial crimes, to purchase and hire passenger motor vehicles ( 31 U.S.C. 1343(b) ), to increase audits of high-income taxpayers, and to provide other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner. (3) To support taxpayer services and enforcement programs and activities, including rent payments; facilities services; printing; postage; physical security; headquarters and other IRS-wide administration activities; research and statistics of income; telecommunications; information technology development and support, enhancement, operations, maintenance, and security; the hire of passenger motor vehicles ( 31 U.S.C. 1343(b) ); the operations of the Internal Revenue Service Oversight Board; and other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner. (4) For the business systems modernization program for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109 . (b) Inflation adjustment (1) In general In the case of any fiscal year beginning after fiscal year 2022, the dollar amount in subsection (a) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year in which such fiscal year begins by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding Any increase determined under paragraph (1) shall be rounded to the nearest multiple of $100. (c) Limitation Of the amounts appropriated under subsection (a)— (1) not less than 50 percent of funds made available for any fiscal year shall be used for purposes described in subsection (a)(2) (or for activities described in subsection (a)(3) that are related to activities described in subsection (a)(2); and (2) not less than 15 percent of funds made available for any fiscal year shall be used for purposes described in subsection (a)(1). (d) Administrative provisions None of the funds made available in this section may be used to enter into, renew, extend, administer, implement, or enforce any qualified tax collection contract (as defined in section 6306 of the Internal Revenue Code of 1986). 4. Returns relating to certain business transactions (a) In general (1) Return requirement Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6050Z. Returns relating to account transactions (a) Requirement of reporting Any covered financial institution shall make the information return described in subsection (b) at such time as the Secretary may by regulations prescribe. (b) Return A return is described in this subsection if such return— (1) is in such form as the Secretary may prescribe, and (2) contains, with respect to each account maintained by the covered financial institution— (A) the name, address, and TIN of the person on whose behalf the account is maintained, (B) the monthly gross inflows and outflows with respect to such account, (C) in the case of an account that is not related to a trade or business, the amount of such inflows and outflows that are related to— (i) cash transactions, (ii) foreign transactions, and (iii) transfers to related accounts, and (D) such other information as the Secretary may require for tax administration and enforcement purposes. (c) Statement To be furnished to taxpayers with respect to whom information is required (1) In general Every covered financial institution that is required to make a return under subsection (a) shall furnish to each person whose identity is required to be set forth in such return a written statement showing— (A) the name, address, and phone number of the information contact of the covered financial institution required to make such a return, and (B) the information required to be shown on such return with respect to such person. (2) Furnishing of information The written statement required under paragraph (1) shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made. (d) Covered financial institution For purposes of this section, the term covered financial institution means any financial institution (as determined under regulations provided by the Secretary) which maintains an account on behalf of another person. . (2) Regulations (A) In general Not later than 12 months after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall issue regulations on information reporting required under section 6050Z of the Internal Revenue Code of 1986 (as added by paragraph (1)), including regulations specifying any other information required to be reported under such section for purposes of closing the tax gap (as defined in section 4(a)(2)). (B) Avoidance of additional burden The regulations established under subparagraph (A) shall minimize additional reporting burdens on taxpayers. (b) Penalties (1) Returns Section 6724(d)(1)(B) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (xxv), by striking and at the end of clause (xxvi), and by inserting after clause (xxvi) the following new clause: (xxvii) section 6050Z (relating to information with respect to account transactions), . (2) Statements Section 6724(d)(2) of such Code is amended— (A) by striking or at the end of subparagraph (II), (B) by striking the period at the end of the first subparagraph (JJ) (relating to section 6035) and inserting a comma, (C) by redesignating the second subparagraph (JJ) (relating to section 6050Y) as subparagraph (KK), (D) by striking the period at the end of subparagraph (KK) (as redesignated by subparagraph (C)) and inserting , or , and (E) by inserting after subparagraph (KK) (as so redesignated) the following new subparagraph: (LL) section 6050Z (relating to information with respect to account transactions). . (c) Clerical amendment The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: Sec. 6050Z. Returns relating to account transactions. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 5. Reports to Congress Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Commissioner of the Internal Revenue Service, after consultation with the Comptroller General, shall submit to Congress a report containing the following: (1) Audit plan A comprehensive description of— (A) a plan to— (i) shift more of the auditing and enforcement assets of the Internal Revenue Service toward high-income, high-wealth tax filers and corporations, and (ii) recruit and retain auditors with the skills essential to audit high-income individuals, and (B) the progress made in implementing such plan. (2) Tax gap analysis (A) In general A comprehensive description of the tax gap, including— (i) the amount attributed to high-income, high-wealth tax filers and corporations, and (ii) how other information reporting improvements could reduce the tax gap, including strengthened third-party reporting on ownership of C-corporations and ultimate ownership of partnerships. (B) Tax gap For purposes of this paragraph, the term tax gap means, with respect to any tax year, the difference between— (i) the amount of taxes owed by taxpayers under the Internal Revenue Code of 1986 for such tax year, and (ii) the amount of revenue paid voluntarily and timely by taxpayers under such Code for such tax year. (3) Racial disparities analysis A comprehensive analysis and description of whether there exist any racial disparities in the Internal Revenue Service’s enforcement activities, including audits, based on gross income, including a comprehensive description of any plans the Internal Revenue Service has to address any such disparities in the coming fiscal year. 6. Underpayment penalties increased for certain taxpayers (a) In general Subsection (a) of section 6662 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Imposition of penalty (1) In general If this section applies to any portion of an underpayment of tax required to be shown on a return, there shall be added to the tax an amount equal to the applicable percentage of the portion of the underpayment to which this section applies. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means— (A) in the case of a taxpayer with a taxable income of less than $2 million, 20 percent, (B) in the case of a taxpayer with a taxable income greater than $2 million but less than $5 million, 30 percent, and (C) in the case of a taxpayer with a taxable income greater than $5 million, 40 percent. . (b) Conforming amendments (1) Gross valuation misstatements Section 6662(h)(1) of such Code is amended by striking with respect to such portion by substituting and all that follows and inserting with respect to such portion— (A) by substituting 40 percent for 20 percent in paragraph (2)(A) thereof, (B) by substituting 45 percent for 30 percent in paragraph (2)(B) thereof, and (C) by substituting 50 percent for 40 percent in paragraph (2)(C) thereof. . (2) Nondisclosed noneconomic substance transactions Section 6662(i)(1) of such Code is amended by striking with respect to such portion by substituting and all that follows and inserting with respect to such portion— (A) by substituting 40 percent for 20 percent in paragraph (2)(A) thereof, (B) by substituting 45 percent for 30 percent in paragraph (2)(B) thereof, and (C) by substituting 50 percent for 40 percent in paragraph (2)(C) thereof. . (3) Undisclosed foreign financial asset understatements Section 6662(j)(3) of such Code is amended by striking with respect to such portion by substituting and all that follows and inserting with respect to such portion— (A) by substituting 40 percent for 20 percent in paragraph (2)(A) thereof, (B) by substituting 45 percent for 30 percent in paragraph (2)(B) thereof, and (C) by substituting 50 percent for 40 percent in paragraph (2)(C) thereof. . (c) Effective date The amendments made by this section shall apply to returns on the due date which (determined without regard to extensions) is after December 31, 2022. 7. Application of false claims rules to the tax claims (a) In general Subsection (d) of section 3729 of title 31, United States Code is amended to read as follows: (d) Internal revenue code (1) General exclusion Except as provided under paragraph (2), this section does not apply to claims, records, or statements made under the Internal Revenue Code of 1986. (2) Exception This section shall apply to any claims, records, or statements made under the Internal Revenue Code of 1986 if— (A) the gross income of the person making the claim equals or exceeds $10,000,000 for the taxable year with respect to which the claim is made; and (B) the damages sustained by the Government because of the act of the person exceed $1,000,000. . (b) Effective date The amendments made by this section shall apply to claims, records, or statements made after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1788is/xml/BILLS-117s1788is.xml |
117-s-1789 | II 117th CONGRESS 1st Session S. 1789 IN THE SENATE OF THE UNITED STATES May 24, 2021 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize appropriations for highway-rail grade crossing improvement projects.
1. Short title This Act may be cited as the Warren Cowles Grade Crossing Safety Act . 2. Authorization of appropriations for highway-rail grade crossing improvement projects Section 22907 of title 49, United States Code, is amended— (1) in subsection (c)(5), by inserting , including such a project for commuter rail and operators in high-ridership corridors before the period at the end; and (2) by adding at the end the following: (m) Authorization of appropriations (1) In general Notwithstanding section 22905(f), there are authorized to be appropriated for eligible projects described in subsection (c)(5) for commuter rail and operators in high-ridership corridors— (A) for fiscal year 2022, $250,000,000; and (B) for fiscal year 2023, and each fiscal year thereafter, the amount described in paragraph (2). (2) Amount described The amount described in this paragraph for a fiscal year is $250,000,000, adjusted to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020. (3) Consumer price index defined In this subsection, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. . | https://www.govinfo.gov/content/pkg/BILLS-117s1789is/xml/BILLS-117s1789is.xml |
117-s-1790 | II 117th CONGRESS 1st Session S. 1790 IN THE SENATE OF THE UNITED STATES May 24, 2021 Mr. Rubio (for himself and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To ensure that the Federal Communications Commission does not approve radio frequency devices that pose a national security risk.
1. Short title This Act may be cited as the Secure Equipment Act of 2021 . 2. Updates to equipment authorization process of Federal Communications Commission (a) Definition In this section, the term Commission means the Federal Communications Commission. (b) Rulemaking (1) In general Not later than 60 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding, in accordance with paragraph (2), to update the equipment authorization procedures of the Commission. (2) Updates required In the rulemaking proceeding conducted under paragraph (1), the Commission shall clarify that the Commission will no longer review or approve any application for equipment authorization for equipment that is on the list of covered communications equipment or services published by the Commission under section 2(a) of the Secure and Trusted Communications Network Act of 2019 ( 47 U.S.C. 1601(a) ). | https://www.govinfo.gov/content/pkg/BILLS-117s1790is/xml/BILLS-117s1790is.xml |
117-s-1791 | II 117th CONGRESS 1st Session S. 1791 IN THE SENATE OF THE UNITED STATES May 24, 2021 Ms. Cantwell introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand existing tax credits to include non-passenger electric-powered vehicles, associated recharging and refueling infrastructure, and for other purposes.
1. Short title This Act may be cited as the Fueling America's Security and Transportation with Electricity Act of 2021 or the FAST Electricity Act . 2. Credit for qualified electric transportation options (a) In general Section 30D of the Internal Revenue Code of 1986 is amended— (1) in the heading, by striking plug-in electric drive motor and inserting electric , (2) by adding at the end the following new subsection: (h) Credit allowed for qualified electric transportation options (1) In general In the case of a qualified electric transportation option— (A) there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the cost of the qualified electric transportation option placed in service by the taxpayer during the taxable year, (B) the amount of the credit allowed under subparagraph (A) shall be treated as a credit allowed under subsection (a), and (C) the requirements described in subsection (f)(7) shall not apply. (2) Applicable percentage For purposes of paragraph (1)(A), the applicable percentage shall be— (A) in the case of a qualified electric transportation option placed in service after December 31, 2021, and before January 1, 2028, 30 percent, (B) in the case of a qualified electric transportation option placed in service during a calendar year after 2027 and before 2033, the applicable percentage determined under this paragraph for the preceding calendar year, reduced by 5 percentage points, and (C) in the case of a qualified electric transportation option placed in service after calendar year 2032, 0 percent. (3) Qualified electric transportation option (A) In general For purposes of this subsection, the term qualified electric transportation option means any vehicle used in any manner of transportation which— (i) the original use of which commences with the taxpayer, (ii) is acquired for use or lease by the taxpayer and not for resale, (iii) is capable of moving passengers, cargo, or property, (iv) is powered by an integrated, on-board electric propulsion system that— (I) is the primary source of propulsion, (II) is capable of powering the vehicle (including any of its components and accessories) for not less than 2/3 of the maximum operating period between recharging or refueling of such vehicle, and (III) in the case of a vehicle which derives any of its power from the on-board combustion of a fuel, uses a renewable fuel, (v) was manufactured for sale in commercial quantities with a reasonable expectation of profit, (vi) is in compliance with any applicable safety or air quality standards, as determined by the Secretary in coordination with the Secretary of Transportation, the Secretary of Homeland Security, and the Administrator of the Environmental Protection Agency, and (vii) is not a new qualified plug-in electric drive motor vehicle (as defined in subsection (d)(1)), unless the vehicle— (I) has a gross vehicle weight rating of not less than 3,000 pounds and not more than 14,000 pounds, (II) has no more than 2 seats, including the driver’s seat, (III) uses the majority of its interior space to carry cargo, (IV) is primarily used for delivering commercial cargo, and (V) does not use any energy which is derived from the on-board combustion of a fuel. (B) On-board electric propulsion system For purposes of this subsection, the term on-board electric propulsion system means— (i) 1 or more on-board traction batteries which— (I) are integrated or swappable, and (II) have an aggregate capacity (as defined in subsection (d)(4)) of not less than 8 kilowatt hours, or (ii) an on-board power source other than a battery with an electrical output capacity equivalent of not less than 8 kilowatt hours, as determined by the Secretary. (C) Renewable fuel For purposes of this paragraph, the term renewable fuel means any fuel at least 85 percent of the volume of which consists of one or more of the following: (i) Ethanol. (ii) Biodiesel (as defined in section 40A(d)(1)). (iii) Advanced biofuel (as defined in section 211(o)(1)(B) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(B) )). (iv) Renewable natural gas. (v) Hydrogen. (4) Exclusion For purposes of paragraph (1)(A), the cost of the qualified electric transportation option shall not include any cost relating to any component or feature which— (A) is not integral to the qualified electric transportation option, or (B) does not contribute to improving the efficiency or range of the electric propulsion of the qualified electric transportation option. . (b) Conforming amendments (1) Section 38(b)(30) of the Internal Revenue Code of 1986 is amended by striking plug-in electric drive motor and inserting electric . (2) Section 48C(c)(1)(A)(i)(VI) of such Code is amended by inserting or qualified electric transportation options after new qualified plug-in electric drive motor vehicles . (3) The item relating to section 30D in the table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: Sec. 30D. New Qualified Electric Vehicles. . (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2021. 3. Credit for qualified electric vehicle recharging property (a) In general Section 30C of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)— (A) by inserting the sum of after equal to , and (B) by inserting and the applicable percentage of the cost of any qualified electric vehicle recharging property before placed in service , (2) in subsection (c)(2), by striking subparagraph (C), (3) in subsection (e)(2), by inserting or qualified electric vehicle recharging property after qualified alternative fuel vehicle refueling property , (4) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, (5) by inserting after subsection (e) the following: (f) Qualified electric vehicle recharging property (1) In general For purposes of this section, the term qualified electric vehicle recharging property means any property, including any onsite component, device, or software integral to its performance (with the exception of a building or its structural components or any associated offsite infrastructure), which satisfies applicable industry safety standards and provides non-proprietary— (A) recharging or repowering of any qualified electric transportation option or new qualified plug-in electric drive motor vehicle (as defined in section 30D), or (B) storage and dispensing of hydrogen fuel into the fuel tank of a vehicle with an on-board electric propulsion system (as defined in section 30D(h)(3)(B)), but only if the storage and dispensing of the fuel is at the point where such fuel is delivered to the vehicle. (2) Applicable percentage For purposes of subsection (a), in the case of any qualified electric vehicle recharging property, the applicable percentage shall be— (A) in the case of any property placed in service after December 31, 2021, and before January 1, 2028, 30 percent, (B) in the case of any property placed in service during a calendar year after 2028 and before 2033, the applicable percentage determined under this paragraph for the preceding calendar year, reduced by 5 percentage points, and (C) in the case of any property placed in service after calendar year 2032, 0 percent. (3) Termination For purposes of any qualified electric vehicle recharging property, this section shall not apply to any property placed in service after December 31, 2032. , and (6) in subsection (h), as redesignated by paragraph (4)— (A) in the heading, by inserting for qualified alternative fuel vehicle refueling property after Termination , and (B) by striking property and inserting qualified alternative fuel vehicle refueling property . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2021. 4. Loan guarantees for transportation electrification domestic manufacturing capacity Section 136 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17013 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking the period at the end and inserting ; and ; (ii) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (iii) in the matter preceding clause (i) (as so redesignated), by striking means an ultra and inserting the following: means— (A) an ultra ; and (iv) by adding at the end the following: (B) a medium-duty vehicle or a heavy-duty vehicle that exceeds 125 percent of the greenhouse gas emissions and fuel efficiency standards established by the final rule entitled Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2 (81 Fed. Reg. 73478 (October 25, 2016)). ; (B) in paragraph (3)— (i) in subparagraph (A), by inserting , qualified electric transportation options, or qualified electric vehicle recharging properties after advanced technology vehicles ; and (ii) in subparagraph (B), by striking or advanced technology vehicles and inserting , advanced technology vehicles, qualified electric transportation options, or qualified electric vehicle recharging properties ; (C) in paragraph (4), by inserting , qualified electric transportation options, or qualified electric vehicle recharging properties after advanced technology vehicles each place it appears; (D) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively; and (E) by inserting after paragraph (3) the following: (4) Qualified electric transportation option The term qualified electric transportation option has the meaning given the term in section 30D(h)(3)(A) of the Internal Revenue Code of 1986. (5) Qualified electric vehicle recharging property The term qualified electric vehicle recharging property has the meaning given the term in section 30C(f) of the Internal Revenue Code of 1986. ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting qualified electric transportation option manufacturers, qualified electric vehicle recharging property manufacturers, before and component suppliers ; (B) in paragraph (1)— (i) in subparagraph (B), by striking or at the end; (ii) in subsection (C), by striking and at the end; and (iii) by adding at the end the following: (D) qualified electric transportation options; or (E) qualified electric vehicle recharging properties; and ; and (C) in paragraph (2), by inserting qualified electric transportation options, qualified electric vehicle recharging properties, before and qualifying components ; (3) in subsection (c), by striking December 30, 2020 each place it appears and inserting December 31, 2030 ; (4) in subsection (g), in the first sentence, by inserting , qualified electric transportation options, or qualified electric vehicle recharging properties before the period at the end; (5) in subsection (h)(1), by striking subparagraph (B) and inserting the following: (B) manufactures— (i) ultra efficient vehicles; (ii) automobiles or components of automobiles; (iii) qualified electric transportation options or components of qualified electric transportation options; or (iv) qualified electric vehicle recharging properties or components of qualified electric vehicle recharging properties. ; and (6) in subsection (i), by striking fiscal years 2008 through 2012 and inserting fiscal years 2021 through 2032 . | https://www.govinfo.gov/content/pkg/BILLS-117s1791is/xml/BILLS-117s1791is.xml |
117-s-1792 | II 117th CONGRESS 1st Session S. 1792 IN THE SENATE OF THE UNITED STATES May 24, 2021 Mrs. Fischer (for herself, Ms. Duckworth , Mr. Grassley , Mr. Thune , Ms. Ernst , and Mr. Sasse ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish certain requirements for the small refineries exemption of the renewable fuels provisions under the Clean Air Act, and for other purposes.
1. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Petition The term petition means a petition for an exemption from the requirements of paragraph (2) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ) under paragraph (9) of that section for a calendar year. 2. Annual deadline for petitions by small refineries for exemptions from renewable fuel requirements (a) Deadline Notwithstanding any other provision of law, a petition shall be submitted to the Administrator not later than June 1 of the year preceding the year in which an exemption under the petition, if the petition were granted, would be in effect. (b) Effect of failure To meet deadline If a petition described in subsection (a) is not submitted by the deadline described in that subsection, the petition shall be ineligible for consideration or approval. 3. Transparency (a) Information in petition subject to public disclosure (1) In general Subject to paragraph (2), information submitted to the Administrator by a person, including a small refinery, in a petition— (A) shall not be a trade secret or confidential information; and (B) notwithstanding section 552(b) of title 5, United States Code, and any other Federal law (including regulations), shall be subject to public disclosure. (2) Applicability Paragraph (1) applies only with respect to information submitted under a petition for calendar year 2021 or subsequent calendar years. (b) Decision The Administrator shall, at the same time that the Administrator informs the petitioner of a decision of whether to grant the petition— (1) make publicly available— (A) the name of the petitioner; (B) the name and location of the facility for which relief under the petition was requested; (C) the time period for which relief under the petition was requested; and (D) the extent to which the Administrator granted or denied the petition; and (2) submit to Congress a report— (A) describing the nature of the relief requested in the petition, including the factors identified by the petitioner to demonstrate disproportionate economic hardship under section 211(o)(9)(B)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(9)(B)(i) ); and (B) that includes the detailed discussion required by section 80.1441(e)(2) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), submitted by the petitioner describing the hardship the refinery would encounter in producing transportation fuel (as defined in section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ) that meets the requirements of section 80.1405 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). 4. Annual renewable fuel standards When determining the annual value of the renewable fuel standard for a calendar year under section 80.1105 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), the Administrator shall, for the variable GE i referenced in that section, which is the quantity of gasoline projected to be produced by exempt small refineries and small refiners in gallons for a calendar year, use the number that is the sum of the total number of gallons waived as a result of all petitions granted by the Administrator for that calendar year. | https://www.govinfo.gov/content/pkg/BILLS-117s1792is/xml/BILLS-117s1792is.xml |
117-s-1793 | II 117th CONGRESS 1st Session S. 1793 IN THE SENATE OF THE UNITED STATES May 24, 2021 Mr. Manchin (for himself 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 title XXVII of the Public Health Service Act to improve health care coverage under vision and dental plans, and for other purposes.
1. Short title This Act may be cited as the Dental and Optometric Care Access Act of 2021 or the DOC Access Act of 2021 . 2. Improving health care coverage under vision and dental plans (a) PHSA (1) In general Part D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq.) is amended by adding at the end the following: 2799A–11. Improving coverage under vision and dental plans (a) In general Under a group health plan or individual or group health insurance coverage (including such a plan or coverage offering limited scope dental or vision benefits), the following shall apply: (1) Payment amounts from covered persons (A) In general The plan or coverage shall provide that, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan or coverage and that provides items or services that are not covered services under the plan or coverage to a person enrolled under such plan or coverage, the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services. (B) Items or services considered covered by a plan For purposes of subparagraph (A), an item or service shall be considered, with respect to a plan or coverage, to be covered services under the plan or coverage only if the item or service is an item or service with respect to which the plan or coverage is obligated to pay an amount that is reasonable and is not nominal or de minimis. (C) Exception for dental cleaning For purposes of subparagraph (A), a doctor of dental surgery or doctor of dental medicine that has an agreement to participate in the plan or coverage may charge an enrollee only the contracted network fee for any dental cleaning, including any dental cleaning that exceeds the annual maximum under the enrollee’s plan or coverage. (2) Duration of limited scope vision and dental plans In the case of an agreement between such a doctor and such a plan or coverage that offers limited scope dental or vision benefits— (A) the agreement may be extended for a term longer than 2 years only with the prior acceptance of the doctor for each such term extension; and (B) the agreement may be extended for unlimited terms, subject to subparagraph (A). (3) No restrictions on choice of laboratories The plan or coverage may not, directly or indirectly, restrict or limit, such a doctor’s choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan or coverage. (b) Private right of action In addition to any other remedies under State or Federal law, a person adversely affected by a violation of this subsection may bring action for injunctive relief against a plan described in subsection (a) and, upon prevailing, in addition to such injunctive relief shall recover monetary damages of no more than $1,000 for each day found to be in violation plus attorney’s fees and costs. The district courts of the United States shall have exclusive jurisdiction of civil actions brought under this subsection. (c) Relationship to exception for limited, excepted benefits Section 2722(c)(1) shall not apply with respect to the requirements of this section. (d) Election To be excluded (1) In general If a doctor of optometry, doctor of dental surgery, or doctor of dental medicine to which the provisions of paragraphs (1) and (3) of subsection (a) otherwise apply makes an election under this paragraph (in such form and manner as the Secretary may by regulations prescribe), the requirements of such paragraphs insofar as they apply directly to the plan or coverage shall not apply to such plan or coverage for such period, as described in paragraph (2). (2) Period of election An election under paragraph (1)— (A) shall apply for a single specified plan year; (B) may be extended through subsequent elections under this subsection; and (C) shall not be available with respect to the requirements concerning the duration of limited scope vision and dental plans under subsection (a)(2). (e) Definitions In this section: (1) The term covered services means dental care or vision care services for which reimbursement is available under a plan or coverage contract, or for which reimbursement would be available but for the application of contractual limitations, including deductibles, copayments, coinsurance, waiting periods, lifetime maximum, frequency limitations, and alternative benefit payments. (2) The terms doctor of dental surgery and doctor of dental medicine mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions. (3) The term doctor of optometry means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices. . (2) Conforming amendment Section 2722(c)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–21(c)(1) ) is amended by striking The requirements and inserting Subject to section 2799A–11, the requirements . (b) ERISA (1) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq.) is amended by adding at the end the following: 726. Improving coverage under vision and dental plans (a) In general Under a group health plan or group health insurance coverage (including such a plan or coverage offering limited scope dental or vision benefits), the following shall apply: (1) Payment amounts from covered persons (A) In general The plan or coverage shall provide that, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan or coverage and that provides items or services that are not covered services under the plan or coverage to a person enrolled under such plan or coverage, the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services. (B) Items or services considered covered by a plan For purposes of subparagraph (A), an item or service shall be considered, with respect to a plan or coverage, to be covered services under the plan or coverage only if the item or service is an item or service with respect to which the plan or coverage is obligated to pay an amount that is reasonable and is not nominal or de minimis. (C) Exception for dental cleaning For purposes of subparagraph (A), a doctor of dental surgery or doctor of dental medicine that has an agreement to participate in the plan or coverage may charge an enrollee only the contracted network fee for any dental cleaning, including any dental cleaning that exceeds the annual maximum under the enrollee’s plan or coverage. (2) Duration of limited scope vision and dental plans In the case of an agreement between such a doctor and such a plan or coverage that offers limited scope dental or vision benefits— (A) the agreement may be extended for a term longer than 2 years only with the prior acceptance of the doctor for each such term extension; and (B) the agreement may be extended for unlimited terms, subject to subparagraph (A). (3) No restrictions on choice of laboratories The plan or coverage may not, directly or indirectly, restrict or limit, such a doctor’s choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan or coverage. (b) Private right of action In addition to any other remedies under State or Federal law, a person adversely affected by a violation of this subsection may bring action for injunctive relief against a plan described in subsection (a) and, upon prevailing, in addition to such injunctive relief shall recover monetary damages of no more than $1,000 for each day found to be in violation plus attorney’s fees and costs. The district courts of the United States shall have exclusive jurisdiction of civil actions brought under this subsection. (c) Relationship to exception for limited, excepted benefits Section 732(c)(1) shall not apply with respect to the requirements of this section. (d) Election To be excluded (1) In general If a doctor of optometry, doctor of dental surgery, or doctor of dental medicine to which the provisions of paragraphs (1) and (3) of subsection (a) otherwise apply makes an election under this paragraph (in such form and manner as the Secretary may by regulations prescribe), the requirements of such paragraphs insofar as they apply directly to the plan or coverage shall not apply to such plan or coverage for such period, as described in paragraph (2). (2) Period of election An election under paragraph (1)— (A) shall apply for a single specified plan year; (B) may be extended through subsequent elections under this subsection; and (C) shall not be available with respect to the requirements concerning the duration of limited scope vision and dental plans under subsection (a)(2). (e) Definitions In this section: (1) The term covered services means dental care or vision care services for which reimbursement is available under a plan or coverage contract, or for which reimbursement would be available but for the application of contractual limitations, including deductibles, copayments, coinsurance, waiting periods, lifetime maximum, frequency limitations, and alternative benefit payments. (2) The terms doctor of dental surgery and doctor of dental medicine mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions. (3) The term doctor of optometry means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices. . (2) Conforming amendment Section 732(c)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191a(c)(1) ) is amended by striking The requirements and inserting Subject to section 726, the requirements . (3) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq.) is amended by inserting after the item relating to section 725 the following: Sec. 726. Improving coverage under vision and dental plans. . (c) IRC (1) In general Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 9826. Improving coverage under vision and dental plans (a) In general Under a group health plan (including such a plan offering limited scope dental or vision benefits), the following shall apply: (1) Payment amounts from covered persons (A) In general The plan shall provide that, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan and that provides items or services that are not covered services under the plan to a person enrolled under such plan, the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services. (B) Items or services considered covered by a plan For purposes of subparagraph (A), an item or service shall be considered, with respect to a plan, to be covered services under the plan only if the item or service is an item or service with respect to which the plan is obligated to pay an amount that is reasonable and is not nominal or de minimis. (C) Exception for dental cleaning For purposes of subparagraph (A), a doctor of dental surgery or doctor of dental medicine that has an agreement to participate in the plan may charge an enrollee only the contracted network fee for any dental cleaning, including any dental cleaning that exceeds the annual maximum under the enrollee’s plan. (2) Duration of limited scope vision and dental plans In the case of an agreement between such a doctor and such a plan that offers limited scope dental or vision benefits— (A) the agreement may be extended for a term longer than 2 years only with the prior acceptance of the doctor for each such term extension; and (B) the agreement may be extended for unlimited terms, subject to subparagraph (A). (3) No restrictions on choice of laboratories The plan may not, directly or indirectly, restrict or limit, such a doctor’s choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan. (b) Private right of action In addition to any other remedies under State or Federal law, a person adversely affected by a violation of this subsection may bring action for injunctive relief against a plan described in subsection (a) and, upon prevailing, in addition to such injunctive relief shall recover monetary damages of no more than $1,000 for each day found to be in violation plus attorney’s fees and costs. The district courts of the United States shall have exclusive jurisdiction of civil actions brought under this subsection. (c) Relationship to exception for limited, excepted benefits Section 9831(c)(1) shall not apply with respect to the requirements of this section. (d) Election To be excluded (1) In general If a doctor of optometry, doctor of dental surgery, or doctor of dental medicine to which the provisions of paragraphs (1) and (3) of subsection (a) otherwise apply makes an election under this paragraph (in such form and manner as the Secretary may by regulations prescribe), the requirements of such paragraphs insofar as they apply directly to the plan shall not apply to such plan for such period, as described in paragraph (2). (2) Period of election An election under paragraph (1)— (A) shall apply for a single specified plan year; (B) may be extended through subsequent elections under this subsection; and (C) shall not be available with respect to the requirements concerning the duration of limited scope vision and dental plans under subsection (a)(2). (e) Definitions In this section: (1) The term covered services means dental care or vision care services for which reimbursement is available under a plan contract, or for which reimbursement would be available but for the application of contractual limitations, including deductibles, copayments, coinsurance, waiting periods, lifetime maximum, frequency limitations, and alternative benefit payments. (2) The terms doctor of dental surgery and doctor of dental medicine mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions. (3) The term doctor of optometry means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices. . (2) Conforming amendment Section 9831(c)(1) of the Internal Revenue Code of 1986 is amended by striking The requirements and inserting Subject to section 9826, the requirements . (3) Clerical amendment The table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Sec. 9826. Improving coverage under vision and dental plans. . 3. Exclusive applicability of State law Notwithstanding any amendment made by this Act, State law that directly affects any standard or requirement relating to health insurance issuers and dental or vision benefit plans, shall have exclusive application and the amendments made by this Act shall not apply to the extent that such State law conflicts with such amendments. The State shall retain exclusive jurisdiction over health insurance issuers and limited scope dental or vision benefit plans that are directly governed by such State. | https://www.govinfo.gov/content/pkg/BILLS-117s1793is/xml/BILLS-117s1793is.xml |
117-s-1794 | II 117th CONGRESS 1st Session S. 1794 IN THE SENATE OF THE UNITED STATES May 24, 2021 Ms. Hassan (for herself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Inspector General Act of 1978 to provide testimonial subpoena authority, and for other purposes.
1. Short title This Act may be cited as the IG Testimonial Subpoena Authority Act . 2. Additional authority provisions for Inspectors General The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) by inserting after section 6 the following: 6A. Additional authority (a) Definition of Inspector General In this section, the term Inspector General — (1) means an Inspector General of an establishment or a designated Federal entity (as defined in section 8G(a)); and (2) includes— (A) the Inspector General of the Central Intelligence Agency established under section 17 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517 ); (B) the Inspector General of the Intelligence Community established under section 103H of the National Security Act of 1947 ( 50 U.S.C. 3033 ); (C) the Special Inspector General for Afghanistan Reconstruction established under section 1229 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 379); (D) the Special Inspector General for the Troubled Asset Relief Plan established under section 121 of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5231 ); (E) the Inspector General for the Government Accountability Office established under section 705 of title 31, United States Code; (F) the Inspector General for the United States Capitol Police established under section 1004 of the Legislative Branch Appropriations Act, 2006 ( 2 U.S.C. 1909 ); (G) the Inspector General of the Architect of the Capitol established under section 1301 of the Architect of the Capitol Inspector General Act of 2007 ( 2 U.S.C. 1808 ); (H) the Inspector General of the Library of Congress established under section 1307 of the Library of Congress Inspector General Act of 2005 ( 2 U.S.C. 185 ); (I) the Inspector General of the Government Publishing Office established under section 3901 of title 44, United States Code; and (J) the Special Inspector General for Pandemic Recovery established under section 4018 of the CARES Act ( 15 U.S.C. 9053 ). (b) Testimonial subpoena authority (1) In general In addition to the authority otherwise provided by this Act and in accordance with the requirements of this section, each Inspector General, in carrying out the provisions of this Act or the provisions of the authorizing statute of the Inspector General, as applicable, is authorized to require by subpoena the attendance and testimony of witnesses as necessary in the performance of the functions assigned to the Inspector General by this Act or by the authorizing statute of the Inspector General, as applicable, which in the case of contumacy or refusal to obey, such subpoena shall be enforceable by order of any appropriate United States district court. (2) Prohibition An Inspector General may not require by subpoena the attendance and testimony of an individual who is otherwise obligated to provide testimony and cooperate with the Inspector General, but may use other authorized procedures. (c) Notice to Attorney General Not less than 7 days before issuing a subpoena under this section, an Inspector General shall— (1) notify the Attorney General of the issuance; and (2) take into consideration any objection provided by the Attorney General relating to the subpoena. (d) Training and standards The Council of the Inspectors General on Integrity and Efficiency shall promulgate standards and provide training relating to the issuance of subpoenas, conflicts of interest, and any other matter the Council determines necessary to carry out this section. (e) Applicability The provisions of this section shall not affect the exercise of authority by an Inspector General of testimonial subpoena authority established under another provision of law. ; (2) in section 5(a)— (A) in paragraph (21)(B), by striking and at the end; (B) in paragraph (22), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (23) a description of the use of subpoenas for the attendance and testimony of certain witnesses authorized under section 6A. ; and (3) in section 8G(g)(1), by inserting 6A, before and 7 . | https://www.govinfo.gov/content/pkg/BILLS-117s1794is/xml/BILLS-117s1794is.xml |
117-s-1795 | II 117th CONGRESS 1st Session S. 1795 IN THE SENATE OF THE UNITED STATES May 24, 2021 Mr. Menendez (for himself, Ms. Cortez Masto , Mr. Booker , Mr. Carper , Ms. Smith , Mr. Bennet , Mr. Blumenthal , Mr. Padilla , Ms. Warren , Mr. Luján , Mr. Murphy , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To address mental health issues for youth, particularly youth of color, and for other purposes.
1. Short title This Act may be cited as the Pursuing Equity in Mental Health Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Health Equity and Accountability Sec. 101. Integrated Health Care Demonstration Program. Sec. 102. Addressing racial and ethnic minority mental health disparities research gaps. Sec. 103. Health professions competencies to address racial and ethnic minority mental health disparities. Sec. 104. Racial and ethnic minority behavioral and mental health outreach and education strategy. Sec. 105. Additional funds for National Institutes of Health. Sec. 106. Additional funds for National Institute on Minority Health and Health Disparities. Title II—Other provisions Sec. 201. Reauthorization of Minority Fellowship Program. Sec. 202. Study on the Effects of Smartphone and Social Media Use on Adolescents. Sec. 203. Technical correction. I Health Equity and Accountability 101. Integrated Health Care Demonstration Program Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq.) is amended by inserting after section 553 of such Act (as redesignated and moved by section 203 of this Act) the following: 554. Interprofessional health care teams for provision of behavioral health care in primary care settings (a) Grants The Secretary shall award grants to eligible entities for the purpose of establishing interprofessional health care teams that provide behavioral health care. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall be a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act), rural health clinic, or behavioral health program, serving a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)). (c) Scientifically based Integrated health care funded through this section shall be scientifically based, taking into consideration the results of the most recent peer-reviewed research available. (d) Authorization of appropriations To carry out this section, there is authorized to be appropriated $20,000,000 for each of the first 5 fiscal years following the date of enactment of the Pursuing Equity in Mental Health Act . . 102. Addressing racial and ethnic minority mental health disparities research gaps Not later than 6 months after the date of the enactment of this Act, the Director of the National Institutes of Health shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine (or, if the National Academies of Sciences, Engineering, and Medicine decline to enter into such an arrangement, the Patient-Centered Outcomes Research Institute, the Agency for Healthcare Research and Quality, or another appropriate entity)— (1) to conduct a study with respect to mental health disparities in racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) )); and (2) to submit to the Congress a report on the results of such study, including— (A) a compilation of information on the dynamics of mental disorders in such racial and ethnic minority groups; and (B) a compilation of information on the impact of exposure to community violence, adverse childhood experiences, structural racism, and other psychological traumas on mental disorders in such racial and minority groups. 103. Health professions competencies to address racial and ethnic minority mental health disparities (a) In general The Secretary of Health and Human Services may award grants to qualified national organizations for the purposes of— (1) developing, and disseminating to health professional educational programs best practices or core competencies addressing mental health disparities among racial and ethnic minority groups for use in the training of students in the professions of social work, psychology, psychiatry, marriage and family therapy, mental health counseling, and substance misuse counseling; and (2) certifying community health workers and peer wellness specialists with respect to such best practices and core competencies and integrating and expanding the use of such workers and specialists into health care to address mental health disparities among racial and ethnic minority groups. (b) Best practices; core competencies Organizations receiving funds under subsection (a) may use the funds to engage in the following activities related to the development and dissemination of best practices or core competencies described in subsection (a)(1): (1) Formation of committees or working groups comprised of experts from accredited health professions schools to identify best practices and core competencies relating to mental health disparities among racial and ethnic minority groups. (2) Planning of workshops in national fora to allow for public input into the educational needs associated with mental health disparities among racial and ethnic minority groups. (3) Dissemination and promotion of the use of best practices or core competencies in undergraduate and graduate health professions training programs nationwide. (4) Establishing external stakeholder advisory boards to provide meaningful input into policy and program development and best practices to reduce mental health disparities among racial and ethnic minority groups. (c) Definitions In this section: (1) Qualified national organization The term qualified national organization means a national organization that focuses on the education of students in one or more of the professions of social work, psychology, psychiatry, marriage and family therapy, mental health counseling, and substance misuse counseling. (2) Racial and ethnic minority group The term racial and ethnic minority group has the meaning given to such term in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) ). 104. Racial and ethnic minority behavioral and mental health outreach and education strategy Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq.) is amended by inserting after section 554 of such Act, as added by section 101 of this Act, the following: 555. Behavioral and mental health outreach and education strategy (a) In general The Secretary shall, in consultation with advocacy and behavioral and mental health organizations serving racial and ethnic minority groups, develop and implement an outreach and education strategy to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among racial and ethnic minority groups. Such strategy shall— (1) be designed to— (A) meet the diverse cultural and language needs of the various racial and ethnic minority groups; and (B) be developmentally and age-appropriate; (2) increase awareness of symptoms of mental illnesses common among such groups, taking into account differences within at-risk subgroups; (3) provide information on evidence-based, culturally and linguistically appropriate and adapted interventions and treatments; (4) ensure full participation of, and engage, both consumers and community members in the development and implementation of materials; and (5) seek to broaden the perspective among both individuals in these groups and stakeholders serving these groups to use a comprehensive public health approach to promoting behavioral health that addresses a holistic view of health by focusing on the intersection between behavioral and physical health. (b) Reports Beginning not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary shall submit to Congress, and make publicly available, a report on the extent to which the strategy developed and implemented under subsection (a) increased behavioral and mental health outcomes associated with mental health conditions and substance abuse among racial and ethnic minority groups. (c) Definition In this section, the term racial and ethnic minority group has the meaning given to that term in section 1707(g). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026. . 105. Additional funds for National Institutes of Health (a) In general In addition to amounts otherwise authorized to be appropriated to the National Institutes of Health, there is authorized to be appropriated to such Institutes $100,000,000 for each of fiscal years 2022 through 2026 to build relations with communities and conduct or support clinical research, including clinical research on racial or ethnic disparities in physical and mental health. (b) Definition In this section, the term clinical research has the meaning given to such term in section 409 of the Public Health Service Act ( 42 U.S.C. 284d ). 106. Additional funds for National Institute on Minority Health and Health Disparities In addition to amounts otherwise authorized to be appropriated to the National Institute on Minority Health and Health Disparities, there is authorized to be appropriated to such Institute $650,000,000 for each of fiscal years 2022 through 2026. II Other provisions 201. Reauthorization of Minority Fellowship Program Section 597(c) of the Public Health Service Act ( 42 U.S.C. 297ll(c) ) is amended by striking $12,669,000 for each of fiscal years 2018 through 2022 and inserting $25,000,000 for each of fiscal years 2022 through 2026 . 202. Study on the Effects of Smartphone and Social Media Use on Adolescents (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall conduct or support research on— (1) smartphone and social media use by adolescents; and (2) the effects of such use on— (A) emotional, behavioral, and physical health and development; and (B) disparities in minority and underserved populations. (b) Report Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Congress, and make publicly available, a report on the findings of research described in this section. 203. Technical correction Title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq.) is amended— (1) by redesignating the second section 550 ( 42 U.S.C. 290ee–10 ) (relating to Sobriety Treatment And Recovery Teams) as section 553; and (2) by moving such section, as so redesignated, so as to appear after section 552 ( 42 U.S.C. 290ee–7 ). | https://www.govinfo.gov/content/pkg/BILLS-117s1795is/xml/BILLS-117s1795is.xml |
117-s-1796 | II 117th CONGRESS 1st Session S. 1796 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Blumenthal (for himself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To prohibit procurement, purchasing, and sale by the Department of Defense of certain items containing perfluoroalkyl substances and polyfluoroalkyl substances.
1. Short title This Act may be cited as the PFAS Free Military Purchasing Act . 2. Prohibition on procurement, purchasing, and sale by Department of Defense of certain items containing perfluoroalkyl substances and polyfluoroalkyl substances (a) Prohibition on procurement and purchasing The Secretary of Defense may not procure or purchase any covered item containing a perfluoroalkyl substance or polyfluoroalkyl substance. (b) Prohibition on sale The Secretary of Defense may not permit the sale of any covered item containing a perfluoroalkyl substance or polyfluoroalkyl substance on property under the jurisdiction of the Department of Defense. (c) Definitions In this section: (1) Covered item The term covered item means— (A) non-stick cookware or food service ware for use in galleys or dining facilities; (B) food packaging materials; (C) floor waxes; (D) carpeting, rugs, curtains, or upholstered furniture; (E) personal care items; (F) dental floss or toothpaste; (G) sunscreen; (H) umbrellas, luggage, or bags; (I) ski wax; (J) car wax and car window treatments; (K) cleaning products; and (L) shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not currently necessary for an essential function. (2) Perfluoroalkyl substance The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) Polyfluoroalkyl substance The term polyfluoroalkyl substance means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom. (4) Property under the jurisdiction of the Department of Defense The term property under the jurisdiction of the Department of Defense includes commissaries, facilities operated by the Army and Air Force Exchange Service, the Navy Exchange Service Command, the Navy Resale and Services Support Office, Marine Corps exchanges, online exchange shops, and ships’ stores. (d) Repeal of superseded authority Section 333 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is repealed. (e) Effective date This section and the amendment made by this section shall take effect on the date that is one year after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1796is/xml/BILLS-117s1796is.xml |
117-s-1797 | II 117th CONGRESS 1st Session S. 1797 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Padilla (for himself, Mr. Lankford , Mrs. Feinstein , Ms. Smith , and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Indian Health Care Improvement Act to expand the funding authority for renovating, constructing, and expanding certain facilities.
1. Short title This Act may be cited as the Urban Indian Health Providers Facilities Improvement Act . 2. Expanding the funding authority for renovating, constructing, and expanding certain facilities Section 509 of the Indian Health Care Improvement Act ( 25 U.S.C. 1659 ) is amended— (1) by striking minor before renovations ; and (2) by striking , to assist and all that follows through standards . | https://www.govinfo.gov/content/pkg/BILLS-117s1797is/xml/BILLS-117s1797is.xml |
117-s-1798 | II 117th CONGRESS 1st Session S. 1798 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Carper (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for strategies to increase access to telehealth under the Medicaid program and Children’s Health Insurance Program, and for other purposes.
1. Short title This Act may be cited as the Telehealth Improvement for Kids’ Essential Services Act or the TIKES Act . 2. Strategies to increase access to telehealth under medicaid and children’s health insurance program (a) Guidance Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue and disseminate guidance to States to clarify strategies to overcome existing barriers and increase access to telehealth under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) and the Children’s Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq.). Such guidance shall include technical assistance and best practices regarding— (1) telehealth delivery of covered services; (2) recommended voluntary billing codes, modifiers, and place-of-service designations for telehealth and other virtual health care services; (3) the simplification or alignment (including through reciprocity) of provider licensing, credentialing, and enrollment protocols with respect to telehealth across States, State Medicaid plans under such title XIX, and Medicaid managed care organizations, including during national public health emergencies; (4) existing strategies States can use to integrate telehealth and other virtual health care services into value-based health care models; and (5) examples of States that have used waivers under the Medicaid program to test expanded access to telehealth, including during the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ). (b) Studies (1) Telehealth impact on health care access Not later than 1 year after the date of the enactment of this Act, the Medicaid and CHIP Payment and Access Commission shall conduct a study, with respect to a minimum of 10 States across geographic regions of the United States, and submit to Congress a report, on the impact of telehealth on health care access, utilization, cost, and outcomes, broken down by race, ethnicity, sex, age, disability status, and zip code. Such report shall— (A) evaluate cost, access, utilization, outcomes, and patient experience data from across the health care field, including States, Medicaid managed care organizations, provider organizations, and other organizations that provide or pay for telehealth under the Medicaid program and Children’s Health Insurance Program; (B) identify barriers and potential solutions to provider entry and participation in telehealth that States are experiencing, as well as barriers to providing telehealth across State lines, including during times of public health crisis or public health emergency; (C) determine the frequency at which out-of-State telehealth is provided to patients enrolled in the Medicaid program and the potential impact on access to telehealth if State Medicaid policies were more aligned; and (D) identify and evaluate opportunities for more alignment among such policies to promote access to telehealth across all States, State Medicaid plans under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.), State child health plans under title XXI of such Act ( 42 U.S.C. 1397aa et seq.), and Medicaid managed care organizations, including the potential for regional compacts or reciprocity agreements. (2) Federal agency telehealth collaboration Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to Congress a report evaluating collaboration between Federal agencies with respect to telehealth services furnished under the Medicaid or CHIP program to individuals under the age of 18, including such services furnished to such individuals in early care and education settings. Such report shall include recommendations on— (A) opportunities for Federal agencies to improve collaboration with respect to such telehealth services; and (B) opportunities for collaboration between Federal agencies to expand telehealth access to such individuals enrolled under the Medicaid or CHIP program, including in early care and education settings. | https://www.govinfo.gov/content/pkg/BILLS-117s1798is/xml/BILLS-117s1798is.xml |
117-s-1799 | II 117th CONGRESS 1st Session S. 1799 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Hawley (for himself, Mrs. Gillibrand , Mr. Cramer , Mr. Cardin , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To professionalize the position of Sexual Assault Response Coordinator in the military, and for other purposes.
1. Short title This Act may be cited as the Professionalizing the Sexual Assault Response Coordinator Act of 2021 . 2. Sexual Assault Response Coordinator Military Occupational Specialty (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the optimal execution of a Sexual Assault Response Coordinator (SARC) Military Occupational Specialty (MOS). (b) Elements The report required under subsection (a) shall include the following elements: (1) A recommendation on the required rank and experience of a SARC MOS. (2) Recommendations for strengthening recruitment and retention of members of the Armed Forces of the required rank and experience identified under paragraph (1), including— (A) designating SARC as a secondary MOS instead of a primary MOS; (B) providing initial or recurrent bonuses or duty stations of choice to service members who qualify for the SARC MOS; (C) limiting the amount of time that a service member who has qualified for the SARC MOS can serve as a SARC in a given period of time; or (D) requiring evaluations for service members who have qualified for the SARC MOS and are serving as a SARC to be completed by an officer of the rank of O–6 or higher. (3) Recommendations for standardizing training and education for service members seeking a SARC MOS or serving as a SARC, including by institutionalizing relevant academies for each of the services. (4) An analysis of the impact of a SARC MOS on the talent management of the existing SARC program, including recruitment and retention. (5) An analysis of the requirements for a SARC-specific chain of command. (6) A plan to execute a SARC MOS within two years. (7) Analysis of the cost of a SARC MOS program. (8) Any other matter the Secretary of Defense considers relevant for inclusion. (c) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the report required under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1799is/xml/BILLS-117s1799is.xml |
117-s-1800 | II 117th CONGRESS 1st Session S. 1800 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Braun (for himself, Mr. Daines , Mr. Lankford , Ms. Ernst , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit certain types of human-animal chimeras.
1. Short title This Act may be cited as the Human-Animal Chimera Prohibition Act of 2021 . 2. Prohibition on certain human-animal chimeras Part I of title 18, United States Code, is amended by inserting after chapter 51 the following: 52 Certain Types of Human-Animal Chimeras Prohibited Sec. 1131. Definitions. 1132. Prohibition on human-animal chimeras. 1131. Definitions In this chapter: (1) Human embryo The term human embryo means an organism of the species Homo sapiens during the earliest stages of development, from 1 cell up to 8 weeks after conception. (2) Prohibited human-animal chimera The term prohibited human-animal chimera means— (A) a human embryo into which a nonhuman cell or cells (or the component parts thereof) have been introduced to render the embryo’s membership in the species Homo sapiens uncertain; (B) a human-animal embryo produced by fertilizing a human egg with nonhuman sperm; (C) a human-animal embryo produced by fertilizing a nonhuman egg with human sperm; (D) an embryo produced by introducing a nonhuman nucleus into a human egg; (E) an embryo produced by introducing a human nucleus into a nonhuman egg; (F) an embryo containing at least haploid sets of chromosomes from both a human and a nonhuman life form; (G) a nonhuman life form engineered such that human gametes develop within the body of a nonhuman life form; (H) a nonhuman life form engineered such that it contains a human brain or a brain derived wholly or predominantly from human neural tissues; (I) nonhuman life form engineered such that it exhibits human facial features or other bodily morphologies to resemble human features; or (J) an embryo produced by mixing human and nonhuman cells, such that— (i) human gametes develop within the body of the resultant organism; (ii) it contains a human brain or a brain derived wholly or predominantly from human neural tissues; or (iii) it exhibits human facial features or other bodily morphologies to resemble human features. 1132. Prohibition on certain human-animal chimeras (a) In general It shall be unlawful for any person to knowingly, in or otherwise affecting interstate commerce— (1) create or attempt to create a prohibited human-animal chimera; (2) transfer or attempt to transfer a human embryo into a nonhuman womb; (3) transfer or attempt to transfer a nonhuman embryo into a human womb; or (4) transport or receive for any purpose a prohibited human-animal chimera. (b) Penalties (1) In general Whoever violates subsection (a) shall be fined under this title, imprisoned not more than 10 years, or both. (2) Civil penalty Whoever violates subsection (a) shall be subject to a civil fine of the greater of— (A) $1,000,000; or (B) the amount equal to twice the amount of the gross pecuniary gain, if any. (c) Rule of construction This section does not prohibit research involving the use of transgenic animal models containing human genes or transplantation of human organs, tissues, or cells into recipient animals, if such activities are not prohibited under subsection (a). . 3. Technical amendment The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 51 the following: 52. Certain types of human-animal chimeras prohibited 1131. . | https://www.govinfo.gov/content/pkg/BILLS-117s1800is/xml/BILLS-117s1800is.xml |
117-s-1801 | II 117th CONGRESS 1st Session S. 1801 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Leahy (for himself, Mr. Whitehouse , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms.
1. Short title This Act may be cited as the Crime Gun Tracing Modernization Act of 2021 . 2. Electronic, searchable databases Section 923(g) of title 18, United States Code, is amended by adding at the end the following: (8) (A) In this paragraph, the term foreign intelligence information has the meaning given the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (B) Not later than 3 years after the date of enactment of this paragraph, the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall establish and maintain electronic, searchable databases of all records within its possession of the importation, production, shipment, receipt, sale, or other disposition of firearms required to be submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives by persons licensed under this chapter. (C) Each licensee under this chapter may provide the National Tracing Center with electronic access, consistent with the requirements of this paragraph, to all records within the licensee’s possession that are required to be kept under this chapter. (D) A licensee may voluntarily relinquish possession of any non-electronic record required to be kept under this chapter to the Bureau of Alcohol, Tobacco, Firearms, and Explosives if— (i) 10 years have elapsed from the date of the firearm transaction; or (ii) in the case of paper acquisition and disposition books, 10 years have elapsed without any open disposition entries and without any dispositions recorded in that record. (E) The National Tracing Center— (i) shall have remote access to and may query, search, or otherwise access the electronic databases described in this paragraph; and (ii) may, with the permission of a State, or political subdivision of a State, have remote access to, and may query, search, or otherwise access the databases of the firearms registration system or pawnbroker records system of the State or political subdivision. (F) The National Tracing Center may query, search, or otherwise access the electronic databases described in this paragraph for only the following purposes: (i) To obtain information related to a bona fide law enforcement investigation by any Federal, State, local, tribal, or foreign law enforcement agency. (ii) To obtain information that is— (I) foreign intelligence information; or (II) necessary to understand, or assess the importance of, foreign intelligence information. (iii) To obtain information necessary during a compliance inspection of an active licensee who has submitted non-electronic records in accordance with subparagraph (D). (G) The databases established under this paragraph— (i) shall be electronically searchable by date of acquisition or disposition, license number, and the information identified on each firearm or other firearm descriptor, including the manufacturer, importer, model, serial number, type, and caliber or gauge; (ii) shall not be electronically searchable by the personally identifiable information of any individual; and (iii) shall include in search results the entire contents of the relevant records kept by the licensee. (H) This paragraph shall take effect notwithstanding any other provision of law, including any temporary or permanent restrictions placed on funds made available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or the Department of Justice. . | https://www.govinfo.gov/content/pkg/BILLS-117s1801is/xml/BILLS-117s1801is.xml |
117-s-1802 | II 117th CONGRESS 1st Session S. 1802 IN THE SENATE OF THE UNITED STATES May 25, 2021 Ms. Hassan (for herself, Mr. Young , Ms. Cortez Masto , and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes.
1. Short title This Act may be cited as the Upskilling and Retraining Assistance Act . 2. Temporary increase in exclusion for educational assistance programs In the case of taxable years beginning after December 31, 2020, and before January 1, 2023, section 127(a)(2) of the Internal Revenue Code of 1986 shall be applied by substituting $12,000 for $5,250 each place it appears. 3. Expenses for education-related tools and technology (a) In general Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking equipment both places it appears in subparagraphs (A) and (C) thereof and inserting education-related tools and technology and other equipment . (b) Education-Related tools and technology Subsection (c) of section 127 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Education-related tools and technology For purposes of paragraph (1), the term education-related tools and technology includes any— (A) hand tools and construction equipment, (B) computer or peripheral equipment (as defined in section 168(i)(2)(B)), (C) computer software (as defined in section 197(e)(3)(B)), (D) Internet access and related services (including equipment or technology necessary for Internet access), (E) Internet, mobile, or virtual reality learning tools and technology, (F) licensure fees, materials, or other equipment, and (G) any other tools or technology as determined by the Secretary, provided to an employee which is required for the education of the employee or in connection with a course of instruction for the employee, or is required in order for the employee to obtain professional advancement, to obtain any certification, licensure, or employment under any State, regional or national guidelines or regulations applicable to a trade or other skilled profession, or to maintain such a certification, licensure, or employment through a continuing education program. . (c) Employee retention of education-Related tools and technology Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking completion of a course of instruction, and inserting completion of a course of instruction (other than education-related tools and technology not described in paragraph (8)(D)), . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred on or after the first day of the calendar quarter which includes the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1802is/xml/BILLS-117s1802is.xml |
117-s-1803 | II 117th CONGRESS 1st Session S. 1803 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Warnock (for himself and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To designate the community-based outpatient clinic of the Department of Veterans Affairs in Columbus, Georgia, as the Robert S. Poydasheff Department of Veterans Affairs Clinic .
1. Findings Congress makes the following findings: (1) Former mayor of Columbus, Georgia, Robert S. Poydasheff died on September 24, 2020. (2) Robert S. Poydasheff earned a B.A. in political science from the Citadel in 1954, a J.D. from Tulane University Law School in 1957, an M.A. in international relations from the graduate program of Boston University in Berlin, Germany, in 1967, and attended the Hague Academy of International Law in the Netherlands in preparation for a military and subsequent civilian career that focused on serving others. (3) In 1955, Robert S. Poydasheff was commissioned as a Second Lieutenant in the Infantry Branch of the United States Army and he was reassigned to the Judge Advocate General's Corps. (4) Robert S. Poydasheff was a 1976 graduate of the United States Army War College and served a total of 24 years in the Armed Forces, retiring as a Colonel in 1979. (5) Colonel Poydasheff was decorated with the Legion of Merit with two Oak Leaf Clusters, the Bronze Star Medal, and the Vietnam Ribbon with Four Battle Stars, and during his military career and because of his expert legal acumen he was assigned to work on the biggest cases of the time in which he served, but during that time he never lost sight of what he considered his primary role, which was to take care of members of the Armed Forces. (6) Colonel Poydasheff was appointed as legal counsel to the Secretary of the Army and served the needs of all members of the Armed Forces by helping to shape the policy of the Army. (7) In 2012, the Army War College Foundation named Colonel Poydasheff an Outstanding Alumnus in recognition of his wide-ranging service to his community after his retirement from active duty in the Armed Forces. (8) Colonel Poydasheff served on the City Council for Columbus, Georgia, from 1994 to 2002, helping all citizens of the community he had come to love while concurrently serving Fort Benning and his beloved members of the Armed Forces. (9) Colonel Poydasheff was elected mayor of Columbus, Georgia, in 2002, served a four-year term and maintained a focus on community-based programs and strengthening the relationship between the city and Fort Benning. (10) During that time he made great contributions to the joint military and civilian communities of Columbus, Georgia, and Fort Benning, appointing first a fellow member of the Armed Forces and later the first African American to the position of city manager, while knowing that doing so would be at his own political peril. (11) After his service as mayor of Columbus, Georgia, Colonel Poydasheff found continued success as a practicing lawyer helping countless citizens and members of the Armed Forces living in the city he once led as well as advocating for many members of the Armed Forces in the area. (12) The continued interest of Colonel Poydasheff in the betterment of Columbus, Georgia, as well as his contributions to the Veterans Action Committee has a continued impact to this day. (13) Colonel Poydasheff served as past president of the Chattahoochee Council Boy Scouts of America, past president of the Chattahoochee Valley Association of the United States Army, past president of the Columbus Symphony Orchestra, member of the Board of Directors of the Springer Opera Arts Association, past president of the Ann Elizabeth Shepherd Home, and member of the Kiwanis Club and Columbus Bar Association. 2. Robert S. Poydasheff Department of Veterans Affairs Clinic (a) Designation The community-based outpatient clinic of the Department of Veterans Affairs located at 6910 River Road, Columbus, Georgia, shall after the date of the enactment of this Act be known and designated as the Robert S. Poydasheff Department of Veterans Affairs Clinic or the Robert S. Poydasheff VA Clinic . (b) Reference Any reference in any law, regulation, map, document, paper, or other record of the United States to the community-based outpatient clinic referred to in subsection (a) shall be considered to be a reference to the Robert S. Poydasheff Department of Veterans Affairs Clinic. | https://www.govinfo.gov/content/pkg/BILLS-117s1803is/xml/BILLS-117s1803is.xml |
117-s-1804 | II 117th CONGRESS 1st Session S. 1804 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Kaine (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to improve maternal health and promote safe motherhood.
1. Short title This Act may be cited as the Mothers and Newborns Success Act . 2. Findings and sense of the Senate (a) Findings Congress finds the following: (1) Among developed nations, the United States has disturbingly high rates of maternal and infant mortality. (2) The United States published an official maternal mortality rate from vital statistics for the first time since 2007 in 2018. The United States maternal mortality rate of 17.4 per 100,000 live births, is significantly higher than the Organisation for Economic Co-operation and Development (referred to in this section as the OECD ) average of 14.0 in 2017, according to modeling by the World Bank. (3) The United States infant mortality rate in 2017 was 5.8 per 1,000 live births, while the OECD average was 3.8 per 1,000 live births. (4) In the United States, there are significant maternal mortality and infant mortality inequities. (5) The maternal mortality rate for non-Hispanic Black women in 2018 was 37.1 per 100,000 live births. This rate is more than 2.5 times higher than the maternal mortality rate of 14.7 for non-Hispanic white women and more than 3.1 times higher than the maternal mortality rate of 11.8 for Hispanic women of any race. (6) The Centers for Disease Control and Prevention data from 2007 through 2016 shows that American Indian/Alaska Native women also have significantly higher rates of pregnancy-related deaths than white, Hispanic, and Asian/Pacific Islander women. American Indian/Alaska Native women had a rate of 29.7 pregnancy-related deaths per 100,000 live births from 2007 through 2016, which is 2.3 times higher than the rate of 12.7 deaths per 100,000 live births for white women during the same time period. (7) The mortality rate for infants of non-Hispanic Black women is 11.0 per 1,000 live births and 9.2 per 1,000 live births for infants of American Indian or Alaska Native women. This rate is more than 2.3 times higher than the infant mortality rate of non-Hispanic white infants at 4.7 and more than 2.1 times higher than the infant mortality rate of Hispanic infants of any race at 5.1 per 1,000 live births. (b) Sense of the Senate It is the sense of the Senate that the following should apply: (1) The United States should dramatically reduce maternal and infant mortality, ensure that all infants can grow up healthy and safe, and protect women’s health before, during, and after pregnancy. (2) Any pregnant woman choosing to have a child should be able to do so safely without regard to income, race, ethnicity, employment status, geographic location, ability, or any other socio-economic factor. United States policy should support women’s health so that women thrive and newborns have the maximum chance for a healthy life. (3) The evidence of serious racial inequities in maternal and infant mortality, especially between Black women and white women demonstrates the persistence of racism and racial bias in our society and health care system. A 2015 study funded by the National Institute for Biomedical and Bioengineering of the National Institutes of Health found that most health care providers appear to harbor negative implicit biases towards people of color. These biases were found to impact patient-provider interactions, treatment decisions, treatment adherence, and patient health outcomes. Therefore, the programs authorized by this Act should be specifically deployed in ways to counter such inequities. (4) In the next 5 years, the United States should aim to reduce its overall maternal and infant mortality rates such that they are no higher than the OECD average. The United States should dramatically reduce the maternal mortality and infant mortality inequities between Black and American Indian/Alaskan Native women and white women. (5) By advancing evidence-based policies to improve maternal and infant health outcomes, the United States can work to reduce and eliminate preventable maternal and infant mortality and severe maternal morbidity. 3. State maternal health innovation Title III of the Public Health Service Act is amended by inserting after section 330N ( 42 U.S.C. 254c–20 ) the following: 330O. State maternal health innovation (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall continue in effect the State Maternal Health Innovation Program and the Supporting Maternal Health Innovation Program to award competitive grants to eligible entities for the purpose of assisting States to implement State-specific actions that address racial, ethnic and geographic inequities in maternal health and improve maternal health outcomes, including the prevention and reduction of maternal mortality and severe maternal morbidity. (b) Use of funds An entity receiving a grant under this section may use such funds— (1) to translate recommendations on addressing maternal mortality and severe maternal morbidity into action through activities which may include— (A) establishing a State- or regional multi-State-focused Maternal Health Task Force to create and implement a strategic plan; (B) improving the collection, analysis, and application of State- or regional multi-State-level data on maternal mortality and severe maternal morbidity; and (C) promoting and executing innovation in maternal health service delivery, such as improving access to maternal health care services, identifying and addressing workforce needs, including maternal health provider shortages; identifying and addressing implicit and explicit bias based on race or ethnicity; or supporting postpartum and inter-pregnancy care services; or (2) to provide support to entities receiving assistance under paragraph (1), and other initiatives of the Department of Health and Human Services to improve maternal health outcomes as the Secretary determines appropriate, States, multi-State regions and other stakeholders working to reduce and prevent maternal mortality and severe maternal morbidity through activities which may include— (A) providing capacity-building assistance to such entities to implement innovative and evidence-informed strategies; and (B) establishing or continuing the operation of a resource center to provide national guidance to such entities, States, and key stakeholders to improve maternal health. (c) Alignment of activities An entity carrying out activities under subsection (b)(1) shall coordinate and align such activities with the activities to improve maternal health outcomes carried out by such entities under title V of the Social Security Act. (d) Eligible entities To be eligible for a grant under subsection (a), a domestic public or non-profit private entity, Indian Tribe, or Tribal serving organization, such as a Tribal health department or other organization fulfilling similar functions for the Tribe, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. In the case of applicants intending to carry out activities described in subsection (b)(1), such applicants shall demonstrate in such application that the entity has a commitment from a State or group of States to collaborate as part of the project on strengthening State-level capacity in achieving the program aims. (e) Report to Congress Not later than January 1, 2025, the Secretary 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, and make publicly available, a report concerning the impact of the programs continued under this section on addressing inequities in maternal health and improving maternal health outcomes, including the prevention and reduction of maternal mortality and severe maternal morbidity, together with recommendations on whether to expand such programs to additional recipients and the estimated amount of funds needed to expand such programs. (f) Authorization of appropriations To carry out this section, including carrying out the programs referred to in subsection (a) on a national basis (subject to the availability of appropriations), there is authorized to be appropriated $53,000,000 for each of fiscal years 2022 through 2025. . 4. Safe motherhood Section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 ) is amended— (1) by redesignating subsections (e) and (f) as subsections (h) and (i), respectively; (2) by inserting after subsection (d) the following: (e) Levels of maternal and neonatal care (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish or continue in effect a program to award competitive grants to eligible entities to assist with the classification of birthing facilities based on the level of risk-appropriate maternal and neonatal care such entities can provide in order to strategically improve maternal and infant care delivery and health outcomes. (2) Use of funds An eligible entity receiving a grant under this subsection shall use such funds to— (A) coordinate an assessment of the risk-appropriate maternal and neonatal care of a State, jurisdiction, or region, based on the most recent guidelines and policy statements issued by the professional associations representing relevant clinical specialties, including obstetrics and gynecology and pediatrics; and (B) work with relevant stakeholders, such as hospitals, hospital associations, perinatal quality collaboratives, members of the communities most affected by racial, ethnic, and geographic maternal health inequities, maternal mortality review committees, and maternal and neonatal health care providers and community-based birth workers to review the findings of the assessment made of activities carried out under paragraph (1) and implement changes, as appropriate, based on identified gaps in perinatal services and differences in maternal and neonatal outcomes in the State, jurisdiction, or region for which such an assessment was conducted to support the provision of risk-appropriate care. (3) Eligible entities To be eligible for a grant under this subsection, a State health department, Indian Tribe or other Tribal serving organization, such as a Tribal health department or other organization fulfilling similar functions for the Tribe, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (4) Period A grant awarded under this subsection shall be made for a period of 3 years. Any supplemental award made to a grantee under this subsection may be made for a period of less than 3 years. (5) Report to Congress Not later than January 1, 2024, the Secretary 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, and make publicly available, a report concerning the impact of the programs established or continued under this subsection. (f) Pregnancy checkbox quality assurance (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may establish or continue a program to award competitive grants and provide technical assistance to eligible entities to implement a quality assurance process to improve the validity of the pregnancy checkbox data from death certificates. (2) Use of funds Eligible entities receiving a grant under this subsection shall use grant funds to implement a quality assurance process to improve the validity of the pregnancy checkbox data from death certificates in the State or within the Indian Tribe. Activities funded under the grant may include the following: (A) Reviewing death certificates for women of reproductive age and individuals with a pregnancy checkbox marked. (B) Attempting to confirm the pregnancy of a decedent by searching for a matching birth or fetal death record (or other matching state administrative data source), contacting the death certifier, or reviewing the medical record. (C) Amending death certificates or death record files, as appropriate, and sending the updated file to the National Center for Health Statistics. (D) Providing training to death certifiers about completing the death certificate. (E) Building awareness among death certifiers and health department staff about the pregnancy checkbox. (F) Coordinating quality assurance activities among State maternal and child health programs, State vital records offices, and maternal mortality review committee members and abstractors. (3) Eligible entities To be eligible for a grant under this subsection, a State health department, Indian Tribe, or other Tribal serving organization, such as a Tribal health department or other organization fulfilling similar functions for the Tribe, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (4) Report to Congress Not later than January 1, 2024, the Secretary 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, and make publicly available, a report concerning the impact of the programs established or continued under this subsection. ; and (3) in subsection (i) (as so redesignated), by striking $58,000,000 for each of fiscal years 2019 through 2023 and inserting $81,000,000 for each of fiscal years 2022 through 2024 . 5. Pregnancy risk assessment monitoring system Section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 ) is amended by inserting after subsection (f) (as added by section 4) the following: (g) Pregnancy risk assessment monitoring system (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may establish or continue activities to collect data on maternal attitudes and experiences during the prepregnancy, pregnancy, labor and delivery, and postpartum periods. The Secretary may expand data collection to all States, Indian Tribes, and territories, and to the extent practicable, compile and publish population-based findings on the health and well-being of women, mothers and infants. (2) Enhanced surveillance activities and technical assistance The Secretary, acting through the Director of the Centers for Disease Control and Prevention may support enhanced surveillance activities and provide technical assistance to States and Indian Tribes to improve data collection and ensure an adequate representation of racial, ethnic and other communities of color in related datasets. . 6. Postpartum care coordination pilot program Title III of the Public Health Service Act is amended by inserting after section 330O (as added by section 3) the following: 330P. Postpartum care coordination pilot program (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, and in consultation with experts representing a variety of clinical specialties, including obstetrics and gynecology, State, Tribal, or local public health officials, and in coordination with existing efforts to address postpartum care, including activities conducted under section 330H, shall establish a program to award competitive grants to not more than 10 eligible entities for the purpose of— (1) identifying and disseminating best practices to improve care and outcomes for women, including women with chronic health conditions prepregnancy and those with ongoing pregnancy-related conditions, in the postpartum period of at least one year following birth, which may include— (A) information on evidence-based and evidence-informed practices to improve the quality of care; (B) best practices for connecting women to primary or specialized care, including behavioral health services, in the postpartum period; (C) information on addressing social and clinical determinants of health that impact women in the postpartum period; and (D) information on the most appropriate course of care during the postpartum period, including continued access to maternity care providers and ways to strengthen capabilities of primary care providers and specialists, including cardiologists and endocrinologists to recognize and treat conditions that may result from or be exacerbated by pregnancy; (2) collaborating with State-based maternal mortality review committees, State-based perinatal quality care collaboratives and other relevant initiatives to— (A) identify risk factors and systems issues for the development of best practices; and (B) disseminate best practices; (3) providing technical assistance and supporting the implementation of best practices identified in paragraph (1) to entities and providers providing health care and social support services to postpartum women; (4) identifying, developing, and evaluating new models of care that improve maternal health outcomes, which may include the integration of community-based services, behavioral health, and clinical care, including interprofessional education for team-based care; and (5) developing condition-specific consumer materials directed toward women to help them better manage their physical and behavioral health in the postpartum period. (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 to congress Not later than January 1, 2026, the Secretary 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, and make publicly available, a report concerning the impact of the programs established or continued under this section. (d) Authorization of appropriations To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026. . 7. Maternal health research network Subpart 7 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285g et seq.) is amended by adding at the end the following: 452H. Maternal health research network (a) Establishment The Secretary, acting through the Director of the National Institutes of Health, shall establish a National Maternal Health Research Network (referred to in this section as the Network ), to more effectively support innovative research to reduce maternal mortality and promote maternal health. (b) Activities The Secretary, acting through the Network, may carry out activities to support mechanistic, translational, clinical, behavioral, or epidemiologic research, as well as community-informed research on structural risk factors to address unmet maternal health research needs specific to the underlying causes of maternal mortality and severe maternal morbidity and their treatment. Such activities should be focused on optimizing improved diagnostics and clinical treatments, improving health outcomes, and reducing inequities. (c) Existing networks In carrying out this section, the Secretary may utilize or coordinate with the Maternal Fetal Medicine Units Network and the Obstetric-Fetal Pharmacology Research Centers Network. (d) Use of funds Amounts appropriated to carry out this section may be used to support the Network for activities related to maternal mortality or severe maternal morbidity that lead to potential therapies or clinical practices that will improve maternal health outcomes and reduce inequities. Amounts provided to such Network shall be used to supplement, and not supplant, other funding provided to such Network for such activities. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026. . 8. Telehealth demonstration program Section 330A of the Public Health Service Act ( 42 U.S.C. 254c ) is amended— (1) by redesignating subsections (h) through (j) as subsections (i) through (k), respectively; and (2) by inserting after subsection (g), the following: (h) Telehealth demonstration program (1) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall continue in effect the Rural Maternity and Obstetrics Management Strategies (RMOMS) Program to award competitive grants to eligible entities for the purpose of improving access to, and continuity of, maternal and obstetrics care in rural communities. (2) Use of funds An entity receiving a grant under this subsection shall use grant funds to develop a sustainable consortium approach to coordinate maternal and obstetrics care within a rural region— (A) through a focus on— (i) rural regional approaches to risk appropriate care; (ii) an approach to coordinating a continuum of care for prepregnancy, pregnancy, labor and delivery, postpartum, and interpregnancy services; (iii) leveraging telehealth and specialty care to enhance case management of higher-risk expectant mothers living in geographically isolated areas; and (iv) demonstrating financial sustainability through improved maternal and neonatal outcomes and potential cost savings; and (B) by testing and improving upon strategies to improve access to, and continuity of, obstetrics care in rural communities and reduce geographic inequities in maternal health through the use of data and outcome measures spanning the continuum of care from prepregnancy through pregnancy, labor, delivery, and the postpartum period. (3) Eligible entities To be eligible for a grant under paragraph (1), a domestic public or non-profit private entity, including Indian Tribes, and Tribal serving organizations such as a Tribal health department or other organization fulfilling similar functions for the Tribe, shall— (A) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (B) propose to carry out activities that exclusively target populations residing in rural counties or rural census tracts in urban counties as designated by the Health Resources and Services Administration; and (C) demonstrate a formal arrangement among a consortium of three or more entities, including the applicant, to build a rural based system of perinatal and maternal care. (4) Report to Congress Not later than January 1, 2024, the Secretary 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, and make publicly available, a report concerning the impact of the programs continued under this subsection together with recommendations on whether to expand such programs and the estimated amount of funds needed to expand such programs. (5) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated $12,000,000 for each of fiscal years 2022 through 2024. . 9. Public and provider awareness campaign promoting maternal and child health (a) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, and in coordination with State, local, territorial, health departments, Indian Tribes, Tribal serving organizations, public health experts and associations, the medical and allied professional community, and minority health organizations, shall award competitive grants to eligible entities to establish a national evidence-based public and provider awareness campaign on the importance of maternal and child health, including identifying and responding to maternal health warning signs and vaccinations for the health of pregnant women and their children, with the goal of increasing vaccination rates among pregnant women and children, reducing racism and racial, ethnic, and geographic inequities in maternal and child health, and reducing maternal mortality and severe maternal morbidity. (b) Use of funds An entity receiving a grant under this section shall use grant funds to supplement, not supplant, any Federal, State, or local funds supporting the establishment of a national evidence-based public and provider awareness campaign with all resources in an accessible format that— (1) increases awareness and knowledge of maternal health warning signs and how to respond to those signs as well as the safety and effectiveness of vaccines for pregnant women and their children; (2) provides targeted evidence-based, culturally- and linguistically-appropriate resources to pregnant women, particularly in communities with low rates of vaccination and in rural and underserved areas; and (3) provides evidence-based information and resources on the importance of maternal and child health, including maternal health warning signs and the safety of vaccinations for pregnant women and their children to public health departments and health care providers that care for pregnant women. (c) Eligible entities To be eligible for a grant under this section, a public or private entity shall submit to the Secretary of Health and Human Services an application at such time, in such manner, and containing such information as the Secretary may require. (d) Collaboration The Secretary of Health and Human Services shall ensure that the information and resources developed for the campaign under this section are disseminated to other divisions of the Department of Health and Human Services working to improve maternal and child health outcomes. (e) Evaluation Not later than January 1, 2026, the Secretary of Health and Human Services shall establish quantitative and qualitative metrics to evaluate the campaign under this section and shall submit a report detailing the campaign’s impact to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. (f) Authorization of appropriations To carry out this section, there is authorized to be appropriated $2,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1804is/xml/BILLS-117s1804is.xml |
117-s-1805 | II 117th CONGRESS 1st Session S. 1805 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Bennet (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit against tax for disaster mitigation expenditures.
1. Short title This Act may be cited as the SHELTER Act . 2. Nonrefundable personal credit for disaster mitigation expenditures (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. Disaster mitigation expenditures (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified disaster mitigation expenditures made by the taxpayer during such taxable year. (b) Maximum credit (1) In general Subject to paragraph (2), the credit allowed under subsection (a) for any taxable year shall not exceed $5,000. (2) Phaseout (A) In general The amount under paragraph (1) for the taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount under such paragraph as— (i) the amount (not less than zero) equal to the adjusted gross income of the taxpayer for such taxable year minus $84,200, bears to (ii) $40,800. (B) Joint return For purposes of determining the amount of any reduction under subparagraph (A) for any taxable year, if a joint return was filed for such taxable year, each of the dollar amounts under such subparagraph shall be doubled. (C) Inflation adjustment In the case of any taxable year after 2022, each of the dollar amounts under subparagraph (A) 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 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (D) Rounding If any reduction determined under subparagraph (A) or (B) is not a multiple of $50, or any increase under subparagraph (C) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. (c) Definitions For purposes of this section— (1) Qualified disaster mitigation expenditure (A) In general The term qualified disaster mitigation expenditure means an expenditure relating to a qualified dwelling unit— (i) for property to— (I) improve the strength of a roof deck attachment, (II) create a secondary water barrier to prevent water intrusion or mitigate against potential water intrusion from wind-driven rain, (III) improve the durability, impact resistance (not less than class 3 or 4 rating), or fire resistance (not less than class A rating) of a roof covering, (IV) brace gable-end walls, (V) reinforce the connection between a roof and supporting wall, (VI) protect openings from penetration by wind-borne debris, (VII) protect exterior doors and garages from natural hazards, (VIII) complete measures contained in the publication of the Federal Emergency Management Agency entitled Wind Retrofit Guide for Residential Buildings (P–804), (IX) elevate the qualified dwelling unit, as well as utilities, machinery, or equipment, above the base flood elevation or other applicable minimum elevation requirement, (X) seal walls in the basement of the qualified dwelling unit using waterproofing compounds, or (XI) protect propane tanks or other external fuel sources, (ii) to install— (I) check valves to prevent flood water from backing up into drains, (II) flood vents, breakaway walls or open lattice for homes located in V zones, (III) a stormwater drainage system or improve an existing system, (IV) natural or nature-based features for flood control, including living shorelines, (V) roof coverings, sheathing, flashing, roof and attic vents, eaves, or gutters that conform to ignition-resistant construction standards, (VI) wall components for wall assemblies that conform to ignition-resistant construction standards, (VII) a wall-to-foundation anchor or connector, or a shear transfer anchor or connector, (VIII) wood structural panel sheathing for strengthening cripple walls, (IX) anchorage of the masonry chimney to the framing, (X) prefabricated lateral resisting systems, (XI) a standby generator system consisting of a standby generator and an automatic transfer switch, (XII) a storm shelter that meets the design and construction standards established by the International Code Council and the National Storm Shelter Association (ICC–500), or a safe room that satisfies the criteria contained in— (aa) the publication of the Federal Emergency Management Agency entitled Safe Rooms for Tornadoes and Hurricanes (P–361), or (bb) the publication of the Federal Emergency Management Agency entitled Taking Shelter from the Storm (P–320), (XIII) a lightning protection system, (XIV) exterior walls, doors, windows, or other exterior dwelling unit elements that conform to ignition-resistant construction standards, (XV) exterior deck or fence components that conform to ignition-resistant construction standards, (XVI) structure-specific water hydration systems, including fire mitigation systems such as interior and exterior sprinkler systems, (XVII) water capture and delivery systems to accommodate drought events or to decrease water use, including the design of such systems, (XVIII) flood openings for fully enclosed areas below the lowest floor of the dwelling unit, (XIX) lateral bracing for wall elements, foundation elements, and garage doors or other large openings to resist seismic loads, or (XX) automatic shutoff valves for water and gas lines, or (iii) for services or equipment to— (I) create buffers around the qualified dwelling unit through the removal or reduction of flammable vegetation, including vertical clearance of tree branches, (II) create buffers around the dwelling unit through— (aa) the removal of exterior deck or fence components or ignition-prone landscape features, or (bb) replacement of the components or features described in item (aa) with components or features that conform to ignition-resistant construction standards, (III) perform fire maintenance procedures identified by the Federal Emergency Management Agency or the United States Forest Service, including fuel management techniques such as creating fuel and fire breaks, (IV) gather and analyze water and weather data to better understand the local climate and drought history, (V) replace flammable vegetation with less flammable species, or (VI) determine the risk of natural disasters which may occur in the area in which the qualified dwelling unit is located, or (iv) for property relating to satisfying the standards required for receipt of a FORTIFIED designation from the Insurance Institute for Business and Home Safety, provided that the qualified dwelling unit receives such designation following installation of such property. (B) Exception The term qualified disaster mitigation expenditure shall not include any expenditure or portion thereof which is paid, funded, or reimbursed by a Federal, State, or local government entity, or any political subdivision, agency, or instrumentality thereof. (2) Qualified dwelling unit The term qualified dwelling unit means a dwelling unit which is— (A) located— (i) in the United States or in a territory of the United States, and (ii) in an area— (I) in which a Federal disaster declaration has been made within the preceding 10-year period, or (II) which is adjacent to an area described in subclause (I), and (B) used as a residence by the taxpayer. (d) Limitation (1) In general In the case of an expenditure described in clause (i) or (ii) of subsection (c)(1)(A), such expenditure shall be taken into account in determining the qualified disaster mitigation expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be in compliance with the latest published editions of relevant consensus-based codes, specifications, and standards or any more restrictive Federal, State, or local floodplain management standards and consistent with floodplain management regulations for the local jurisdiction in which the qualified dwelling unit is located. (2) Latest published editions The term latest published editions means, with respect to relevant consensus-based codes, specifications, and standards, either of the 2 most recently published editions. (e) Labor costs For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in clause (i) or (ii) of subsection (c)(1)(A) shall be taken into account in determining the qualified disaster mitigation expenditures made by the taxpayer during the taxable year. (f) Inspection costs For purposes of this section, expenditures for the cost of any inspection required under subsection (d) which is properly allocable to the inspection of the preparation, assembly, or installation of the property described in clause (i) or (ii) of subsection (c)(1)(A) shall be taken into account in determining the qualified disaster mitigation expenditures made by the taxpayer during the taxable year. (g) Documentation Any taxpayer claiming the credit under this section shall provide the Secretary with adequate documentation regarding the specific qualified disaster mitigation expenditures made by the taxpayer during the taxable year, as well as such other information or documentation as the Secretary may require. . (b) Conforming 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. Disaster mitigation expenditures. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 3. Business-related credit for disaster mitigation (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45T the following new section: 45U. Disaster mitigation credit (a) General rule For purposes of section 38, the disaster mitigation credit determined under this section for any taxable year is an amount equal to 25 percent of the qualified disaster mitigation expenditures made by the taxpayer during the taxable year. (b) Maximum credit (1) In general Subject to paragraph (2), the amount of the credit determined under subsection (a) for any taxable year shall not exceed $5,000. (2) Phaseout (A) In general The amount under paragraph (1) for the taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount under such paragraph as— (i) the amount (not less than zero) equal to the average gross receipts of the taxpayer over the 3 preceding taxable years minus $5,000,000, bears to (ii) $5,000,000. (B) Inflation adjustment In the case of any taxable year after 2022, each of the dollar amounts under subparagraph (A) 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 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (C) Rounding If any reduction determined under subparagraph (A) is not a multiple of $50, or any increase under subparagraph (B) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. (c) Qualified disaster mitigation expenditure For purposes of this section, the term qualified disaster mitigation expenditure has the same meaning given such term under paragraph (1) of section 25E(c), except that place of business shall be substituted for qualified dwelling unit each place it appears in such paragraph. (d) Special rules Rules similar to the rules of subsections (d) through (g) of section 25E shall apply for purposes of this section. . (b) Conforming amendments (1) Section 38(b) of such Code is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the disaster mitigation credit determined under section 45U(a). . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45T the following new item: Sec. 45U. Disaster mitigation credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1805is/xml/BILLS-117s1805is.xml |
117-s-1806 | II 117th CONGRESS 1st Session S. 1806 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Grassley (for himself, Ms. Cantwell , Ms. Ernst , Ms. Klobuchar , Mr. Marshall , Mrs. Shaheen , Mrs. Fischer , Mrs. Murray , Mr. Rounds , Ms. Smith , and Ms. Hirono ) 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 extend tax incentives for biodiesel and renewable diesel.
1. Short title This Act may be cited as the Biodiesel Tax Credit Extension Act of 2021 . 2. Extension of tax incentives for biodiesel and renewable diesel (a) Income tax credit (1) In general Section 40A(g) is amended by striking December 31, 2022 and inserting December 31, 2025 . (2) Effective date The amendment made by this subsection shall apply to fuel sold or used after December 31, 2022. (b) Excise tax incentives (1) Termination (A) In general Section 6426(c)(6) is amended by striking December 31, 2022 and inserting December 31, 2025 . (B) Payments Section 6427(e)(6)(B) is amended by striking December 31, 2022 and inserting December 31, 2025 . (2) Effective date The amendments made by this subsection shall apply to fuel sold or used after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s1806is/xml/BILLS-117s1806is.xml |
117-s-1807 | II 117th CONGRESS 1st Session S. 1807 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Carper introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for a production and investment tax credit related to the production of clean hydrogen.
1. Short title This Act may be cited as the Clean H2 Production Act . 2. Tax credit for production of clean hydrogen (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Credit for production of clean hydrogen (a) Amount of credit For purposes of section 38, the clean hydrogen production credit for any taxable year is an amount equal to the product of— (1) the applicable amount, multiplied by (2) the kilograms of qualified clean hydrogen— (A) produced by the taxpayer at a qualified clean hydrogen production facility during the 10-year period beginning on the date the facility was placed in service, and (B) (i) sold by the taxpayer to an unrelated person during the taxable year, (ii) used by the taxpayer or a related person during the taxable year, or (iii) stored during the taxable year for subsequent use by the taxpayer or a related person. (b) Applicable amount (1) In general For purposes of subsection (a)(1), the applicable amount shall be an amount equal to the applicable percentage of $3.00. If any amount as determined under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means— (A) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is less than 75 percent, 20 percent, (B) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 75 percent and less than 85 percent, 25 percent, (C) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 85 percent and less than 95 percent, 34 percent, and (D) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 95 percent, 100 percent. (3) Inflation adjustment The $3.00 amount in paragraph (1) shall be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), determined by substituting 2020 for 1992 in subparagraph (B) thereof) for the calendar year in which the sale or use of the qualified clean hydrogen occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. (c) Credit reduction The amount of the credit determined under subsection (a) with respect to any qualified clean hydrogen production facility for any taxable year shall be reduced in a manner similar to the reduction applied under section 45(b)(3). (d) Definitions For purposes of this section— (1) Lifecycle greenhouse gas emissions For purposes of this section, the term lifecycle greenhouse gas emissions has the same meaning given such term under subparagraph (H) of section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ), as in effect on the date of enactment of this section, as related to the full fuel lifecycle through the point of hydrogen production. (2) Qualified clean hydrogen (A) In general The term qualified clean hydrogen means hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming of non-renewable natural gas, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 50 percent. (B) Exclusion The term qualified clean hydrogen shall not include any hydrogen for which a credit is allowed for the taxable year— (i) under section 38 which is properly allocable to any credit determined under this part (other than this section), or (ii) under subchapter B of chapter 65 of subtitle F. (3) Qualified clean hydrogen production facility (A) In general The term qualified clean hydrogen production facility means— (i) a facility owned by the taxpayer— (I) which produces qualified clean hydrogen which, with respect to any taxable year, is sold by the taxpayer to an unrelated person or used by the taxpayer, (II) which satisfies the requirements under subparagraphs (B) and (C), and (III) the construction of which begins before January 1, 2030, and (ii) in connection with any facility described in clause (i), any property used to convert feedstock to hydrogen, including any equipment or supporting facility which— (I) accepts or receives feedstock, (II) conditions or stores feedstock or hydrogen, or (III) distributes or redistributes hydrogen. (B) Wage requirements The requirements described in this subparagraph with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (i) the construction of such facility, or (ii) for any year during the period described in subsection (a)(2)(A) which begins after the date of the enactment of this section, the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (C) Labor requirements (i) Apprenticeships The requirements described in this subparagraph with respect to any facility are that the taxpayer shall ensure that all contractors and subcontractors engaged in the performance of construction, alteration, or repair work on any facility shall, subject to clause (ii), ensure that not less than 15 percent of the total labor hours of such work be performed by qualified apprentices. (ii) Apprentice-to-journeyworker ratio The requirement under clause (i) shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the Department of Labor or the applicable State apprenticeship agency. (iii) Participation Each contractor and subcontractor described in clause (i) that employs 4 or more individuals to perform construction, alteration, or repair work on any facility shall employ 1 or more qualified apprentices to perform such work. (iv) Exception Notwithstanding any other provision in this subparagraph, this subparagraph shall not apply in the case of a taxpayer who— (I) demonstrates a lack of availability of qualified apprentices in the geographic area of the construction, alteration, or repair work, and (II) makes a good faith effort, and its contractors and subcontractors make a good faith effort, to comply with the requirements of this subparagraph. (4) Steam-methane reforming The term steam-methane reforming means a hydrogen production process in which high-temperature steam is used to produce hydrogen from natural gas, without carbon capture and sequestration. (e) Special rules (1) In general Rules similar to the rules of paragraphs (3) and (4) of section 45(e) shall apply for purposes of this section. (2) Production in the United States No credit shall be allowed under this section with respect to any qualified clean hydrogen which is produced outside of the United States (as defined in section 638(1) or any possession of the United States (as defined in section 638(2)). (f) Guidance Not later than 1 year after the date of enactment of this section, the Secretary, in consultation with the Secretary of Energy and Administrator of the Environmental Protection Agency, shall publish guidance prescribing methods for determining the credit based on lifecycle greenhouse gas emissions. For purposes of the preceding sentence, such methods shall consider the emissions associated with any feedstock or energy source which is not co-located at the qualified clean hydrogen production facility if— (1) such feedstock or energy source is contractually obtained by the taxpayer, (2) the taxpayer provides sufficient legal assurances that no other person can claim credit for the environmental attributes of such feedstock or energy source, and (3) environmental attributes of the non co-located feedstock or energy source are only considered to the extent the taxpayer consumes an equivalent amount of the feedstock or energy source in the production of hydrogen, whereas— (A) in the case of electricity used to produce hydrogen then only an equivalent amount of electricity which is not co-located may be considered, and (B) in the case of natural gas used to produce hydrogen then only an equivalent amount of biogas which is not co-located may be considered. . (b) Conforming amendments (1) Section 38(b) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (32), by striking plus at the end, (B) in paragraph (33), by striking the period at the end and inserting , plus , and (C) by adding at the end the following new paragraph: (34) the clean hydrogen production credit determined under section 45U(a). . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45U. Credit for production of clean hydrogen. . (c) Effective date The amendments made by this section shall apply to hydrogen used or sold after December 31, 2020. 3. Expansion of energy credit to include clean hydrogen production facilities (a) In general Section 48(a)(5) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (A)(ii), by inserting subject to subparagraph (G)(i), before the energy percentage , (2) in subparagraph (B), by inserting or 45U after section 45 , (3) in subparagraph (C)— (A) in clause (i), by inserting or, subject to subparagraph (G)(ii), a qualified clean hydrogen production facility (as defined in section 45U(d)(3)) which meets the requirements of section 45U(b)(2)(C) after section 45(d) , (B) in clause (ii), by inserting (or, in the case of a qualified clean hydrogen production facility, which is placed in service after 2020 and the construction of which begins before January 1, 2030) after January 1, 2022 , and (C) in clause (iii)(I), by inserting or 45U after section 45 , and (4) by adding at the end the following: (G) Qualified clean hydrogen production facilities (i) Energy percentage (I) In general For purposes of subparagraph (A)(ii), in the case of a qualified investment credit facility which is a qualified clean hydrogen production facility, the energy percentage with respect to such facility shall be an amount (expressed as a percentage) equal to— (aa) in the case of a facility which is estimated to produce qualified clean hydrogen (as defined in described in section 45U(d)(2)) which is described in subparagraph (A) of section 45U(b)(2), 20 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), (bb) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (B) of section 45U(b)(2), 25 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), (cc) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (C) of section 45U(b)(2), 34 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), and (dd) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (D) of section 45U(b)(2), 100 percent of the energy percentage otherwise applicable under subparagraph (A)(ii). (II) Recapture The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under this section with respect to any qualified clean hydrogen production facility which significantly fails to produce qualified clean hydrogen consistent with the applicable percentage reduction in lifecycle greenhouse gas emissions described in section 45U(b)(2) which were estimated for such facility pursuant to subclause (I). (ii) No double benefit For purposes of this paragraph, the term qualified investment credit facility shall not include any qualified clean hydrogen production facility for which a credit is allowed under section 38 for the taxable year or any prior taxable year which is properly allocable to any credit determined under— (I) this section (other than pursuant to this paragraph), or (II) section 45, 45J, or 45Q. . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2020. | https://www.govinfo.gov/content/pkg/BILLS-117s1807is/xml/BILLS-117s1807is.xml |
117-s-1808 | II 117th CONGRESS 1st Session S. 1808 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mrs. Shaheen (for herself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a pilot program for the transfer and sale of toll credits, and for other purposes.
1. Short title This Act may be cited as the Toll Credit Marketplace Act of 2021 . 2. Transfer and sale of toll credits (a) Definitions In this section: (1) Originating State The term originating State means a State that— (A) is eligible to use a credit under section 120(i) of title 23, United States Code; and (B) has been selected by the Secretary under subsection (d)(2). (2) Pilot program The term pilot program means the pilot program established under subsection (b). (3) Recipient State The term recipient State means a State that receives a credit by transfer or by sale under this section from an originating State. (4) Secretary The term Secretary means the Secretary of Transportation. (5) State The term State has the meaning given the term in section 101(a) of title 23, United States Code. (b) Establishment of pilot program Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and implement a toll credit exchange pilot program in accordance with this section. (c) Purposes The purposes of the pilot program are— (1) to identify the extent of the demand to purchase toll credits; (2) to identify the cash price of toll credits through bilateral transactions between States; (3) to analyze the impact of the purchase or sale of toll credits on transportation expenditures; (4) to test the feasibility of expanding the pilot program to allow all States to participate on a permanent basis; and (5) to identify any other repercussions of the toll credit exchange. (d) Selection of originating States (1) Application In order to participate in the pilot program as an originating State, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, such information as is required for the Secretary to verify— (A) the amount of unused toll credits for which the State has submitted certification to the Secretary that are available to be sold or transferred under the pilot program, including— (i) toll revenue generated and the sources of that revenue; (ii) toll revenue used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce; and (iii) an accounting of any Federal funds used by the public, quasi-public, or private agency to build, improve, or maintain the toll facility, to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds; (B) the documentation of maintenance of effort for toll credits earned by the originating State; and (C) the accuracy of the accounting system of the State to earn and track toll credits. (2) Selection Of the States that submit an application under paragraph (1), the Secretary may select not more than 10 States to be designated as an originating State. (3) Limitation on sales At any time, the Secretary may limit the amount of unused toll credits that may be offered for sale under the pilot program. (e) Transfer or sale of credits (1) In general In carrying out the pilot program, the Secretary shall provide that an originating State may transfer or sell to a recipient State a credit not previously used by the originating State under section 120(i) of title 23, United States Code. (2) Website support The Secretary shall make available a publicly accessible website on which originating States shall post the amount of toll credits, verified under subsection (d)(1)(A), that are available for sale or transfer to a recipient State. (3) Bilateral transactions An originating State and a recipient State may enter into a bilateral transaction to sell or transfer verified toll credits. (4) Notification Not later than 30 days after the date on which a credit is transferred or sold, the originating State and the recipient State shall jointly submit to the Secretary a written notification of the transfer or sale, including details on— (A) the amount of toll credits that have been sold or transferred; (B) the price paid or other value transferred in exchange for the toll credits; (C) the intended use by the recipient State of the toll credits, if known; (D) the intended use by the originating State of the cash or other value transferred; (E) an update on the toll credit balance of the originating State and the recipient State; and (F) any other information about the transaction that the Secretary may require. (5) Use of credits by transferee or purchaser A recipient State may use a credit received under paragraph (1) toward the non-Federal share requirement for any funds made available to carry out title 23 or chapter 53 of title 49, United States Code, in accordance with section 120(i) of title 23, United States Code. (6) Use of proceeds from sale of credits An originating State shall use the proceeds from the sale of a credit under paragraph (1) for a project eligible for assistance under title 23 or chapter 53 of title 49, United States Code. (f) Metropolitan planning organization and local government toll credit allocation (1) Purchase of toll credits On request of a metropolitan planning organization or local government in the State, and with a timely payment of the amount of the toll credits, a State may purchase toll credits under this section on behalf of the metropolitan planning organization or local government. (2) Allocation of toll credits On approval of the applicable metropolitan planning organization or local government, a State may allocate toll credits purchased by the State for use by the metropolitan planning organization or local government. (g) Limitation on use of Federal funds for the purchase of toll credits A State, metropolitan planning organization, or local government may not use Federal funds to purchase toll credits on a toll credit marketplace. (h) Reporting requirements (1) Initial report Not later than 1 year after the date on which the pilot program is established, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the pilot program. (2) Final report Not later than 3 years after the date on which the pilot program is established, the Secretary shall— (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (i) determines whether a toll credit marketplace is viable and cost effective; (ii) describes the buying and selling activities under the pilot program; (iii) describes the average sale price of toll credits; (iv) determines whether the pilot program could be expanded to more States or all States or to non-State operators of toll facilities; (v) provides updated information on the toll credit balance accumulated by each State; and (vi) describes the list of projects that were assisted by the pilot program; and (B) make the report under subparagraph (A) publicly available on the website of the Department. (i) Termination (1) In general The Secretary may terminate the pilot program or the participation of any State in the pilot program if the Secretary determines that— (A) the pilot program is not serving a public benefit; or (B) it is not cost effective to carry out the pilot program. (2) Procedures The termination of the pilot program or the participation of a State in the pilot program shall be carried out consistent with Federal requirements for project closeout, adjustment, and continuing responsibilities. | https://www.govinfo.gov/content/pkg/BILLS-117s1808is/xml/BILLS-117s1808is.xml |
117-s-1809 | II 117th CONGRESS 1st Session S. 1809 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Coons (for himself, Mr. Brown , Mr. Reed , Mr. Booker , Ms. Baldwin , Mr. Van Hollen , Mr. Casey , Mr. Leahy , Mr. Schatz , and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To eliminate asset limits employed by certain federally funded means-tested public assistance programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Allowing Steady Savings by Eliminating Tests Act or the ASSET 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; sense of Congress. Sec. 3. States prohibited from imposing asset limits on programs funded by Temporary Assistance for Needy Families (TANF) grants. Sec. 4. Eliminating asset limits in the supplemental nutrition assistance program (SNAP). Sec. 5. Eliminating asset limit in Low-Income Home Energy Assistance Program (LIHEAP). Sec. 6. Updating and indexing the resource limit for supplemental security income (SSI). Sec. 7. Effective date. 2. Findings; sense of Congress (a) Findings Congress finds as follows: (1) Many means-tested public assistance programs limit eligibility for benefits on the basis of the assets of a family, such as savings and other resources. Such asset limits impede the ability of needy families to improve their financial circumstances and thereby reduce their dependence on public assistance programs. (2) Restricting eligibility for public assistance programs on the basis of assets negatively affects the financial security of low-income families. For example, to avoid losing eligibility for public assistance under an asset limit, a family may avoid mainstream financial services such as bank accounts, or refrain from acquiring and saving resources that would enable the family to weather an unanticipated expense. (3) The risk that people who don't need public assistance will take advantage of public assistance programs in the absence of asset limits is low, in part because most applicants for public assistance have very few assets, must meet strict work requirements, and usually may only participate in a program for a limited time. (4) Evidence from States that have eliminated asset limits suggests that the administrative cost savings associated with the elimination of asset limits outweigh any increases in payments made to beneficiaries. (b) Sense of Congress It is the sense of Congress that certain federally funded means-tested public assistance programs should not utilize asset limits to restrict eligibility for assistance under those programs. 3. States prohibited from imposing asset limits on programs funded by Temporary Assistance for Needy Families (TANF) grants (a) No State limitation on allowable financial resources Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) ) is amended by adding at the end the following new paragraph: (13) No asset or resource limit A State to which a grant is made under section 403 shall not apply any asset or resource limit for eligibility of a family for any benefit, assistance, or service provided under the State program funded under this part. . (b) Conforming amendments Section 408(f) of the Social Security Act ( 42 U.S.C. 608(f) ) is amended— (1) in the matter preceding paragraph (1), by striking or resources ; and (2) in paragraph (1)— (A) in the paragraph header, by striking and resources ; (B) by striking subparagraph (B); (C) by redesignating subparagraph (C) as subparagraph (B); and (D) in subparagraph (B) (as so redesignated), by striking and resources each place it appears. (c) Delay permitted if State legislation required (1) In general In the case of a State to which a grant is made under section 403 of the Social Security Act ( 42 U.S.C. 603 ) that the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) to meet the requirements of paragraph (13) of section 408(a) of such Act ( 42 U.S.C. 608(a) ), such State shall not be regarded as failing to comply with the requirements of such paragraph before the first day of the first calendar quarter that begins after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. (2) 2-year legislative session For purposes of paragraph (1), in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. 4. Eliminating asset limits in the supplemental nutrition assistance program (SNAP) (a) In general (1) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (A) in subsection (a), in the first sentence, by striking and other financial resources ; (B) by striking subsections (g) and (j); (C) by redesignating subsections (h), (i), (k), (l), (m), and (n) as subsections (g), (h), (i), (j), (k), and (l), respectively; and (D) in subsection (h) (as so redesignated)— (i) in paragraph (1), by striking and resources each place it appears; and (ii) in paragraph (2)— (I) by striking subparagraph (B); and (II) by redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively. (2) Eligibility disqualifications Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended— (A) by striking subsection (h); and (B) by redesignating subsections (i) through (s) as subsections (h) through (r), respectively. (3) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended— (A) by striking subsections (h) and (i); and (B) by redesignating subsections (j) through (n) as subsections (h) through (l), respectively. (b) Conforming amendments (1) Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (A) in subsection (a), in the second sentence, by striking and (r) and inserting and (q) ; and (B) in subsection (d)— (i) in paragraph (1), by striking subsection (k) and inserting subsection (i) ; and (ii) in paragraph (10), by striking subsection (k) of this section and inserting subsection (i) . (2) Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended— (A) in subsection (d)(4), by striking subsection (o) each place it appears and inserting subsection (n) ; (B) in subsection (f), in the third sentence, by striking and financial resources ; (C) in subsection (q) (as redesignated by subsection (a)(2)(B)), in paragraph (1)(B), by striking subsection (k) and inserting subsection (j) ; and (D) in subsection (r) (as redesignated by subsection (a)(2)(B)), in paragraph (2)— (i) by striking allowable financial resources and ; and (ii) by striking (g), (i), (k), (l), (m), and (n) and inserting (h), (i), (j), (k), and (l) . (3) Section 7(i)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(i)(1) ) is amended by striking section 6(o)(2) of this Act and inserting section 6(n)(2) . (4) Section 11(e)(22) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(22) ) is amended by striking section 6(i) and inserting section 6(h) . (5) Section 16 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended— (A) in subsection (a)(9), by striking section 17(n) and inserting section 17(l) ; and (B) in subsection (h)— (i) in paragraph (1)— (I) in subparagraph (B)(ii), by striking section 6(o) and inserting section 6(n) ; (II) in subparagraph (E)— (aa) by striking section 6(o)(3) each place it appears and inserting section 6(n)(3) ; (bb) by striking section 6(o)(2) each place it appears and inserting section 6(n)(2) ; and (cc) in clause (ii)— (AA) in subclause (III), by striking section 6(o)(4) and inserting section 6(n)(4) ; and (BB) in subclause (IV), by striking section 6(o)(6) and inserting section 6(n)(6) ; and (III) in subparagraph (F)(ii)(III)(ee)(AA), by striking section 6(o) and inserting section 6(n) ; and (ii) in paragraph (5)(C)(iv)(I), by striking section 6(o)(2) and inserting section 6(n)(2) . (6) Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended— (A) in subsection (k) (as redesignated by subsection (a)(3)(B))— (i) by striking subsections (l) through (n) each place it appears and inserting subsections (k) through (m) ; and (ii) in paragraph (2)(E), by striking section 6(l)(2) and inserting section 6(k)(2) ; and (B) in subsection (l) (as redesignated by subsection (a)(3)(B)), in paragraph (4)(A)(i)(II), by striking and financial resources (as described in section 5(g)) . (7) Section 18(g)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(g)(2) ) is amended by striking section 5(h) and inserting section 5(g) . (8) Section 103(a)(2)(D) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3113(a)(2)(D) ) is amended by striking section 6(o) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(o) ) and inserting section 6(n) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(n) ) . (9) Section 121(b)(2)(B)(iv) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3151(b)(2)(B)(iv) ) is amended by striking section 6(o) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(o) ) and inserting section 6(n) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(n) ) . (10) Section 454 of the Social Security Act ( 42 U.S.C. 654 ) is amended— (A) in paragraph (4)(A)(i), by striking section 6(l)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(l)(1) ) and inserting section 6(k)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(k)(1) ) ; (B) in paragraph (6)(B)(i), by striking subsection (l) or (m) of section 6 of the Food and Nutrition Act of 2008 and inserting subsection (k) or (l) of section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) ; and (C) in paragraph (29)(A)(ii), by striking section 6(l)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(l)(2) ) and inserting section 6(k)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(k)(2) ) . (c) Delay permitted if State legislation required (1) In general In the case of a State plan under section 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 ) that the Secretary of Agriculture 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 State plan shall not be regarded as failing to comply with the requirements of section 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 ) solely on the basis of the failure of the plan to meet those additional requirements before the first day of the first calendar quarter that begins after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. (2) Legislative session For purposes of paragraph (1), in the case of a State that has a 2-year legislative session, each year of the session shall be considered a separate regular session of the State legislature. 5. Eliminating asset limit in Low-Income Home Energy Assistance Program (LIHEAP) (a) Elimination of limitations on allowable financial resources Section 2605(b)(2) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(b)(2) ) is amended, in the matter following subparagraph (B), by inserting , and agrees that a State may not exclude a household from eligibility in a fiscal year solely or partially on the basis of the assets of 1 or more members of the household before the semicolon. (b) Delay permitted if State legislation required (1) In general In the case of a State plan under section 2605 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624 ) that 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 amendment made by this section, the State plan shall not be regarded as failing to comply with the requirements of such section 2605 solely on the basis of the failure of the plan to meet those additional requirements before the first day of the first calendar quarter that begins after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. (2) 2-year legislative session For purposes of paragraph (1), in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. 6. Updating and indexing the resource limit for supplemental security income (SSI) (a) In general (1) Update in resource limit for individuals and couples Section 1611(a)(3) of such Act ( 42 U.S.C. 1382(a)(3) ) is amended— (A) in subparagraph (A), by striking $2,250 and all that follows through the end of the subparagraph and inserting $20,000 in calendar year 2021, and shall be increased as described in section 1617(d) for each subsequent calendar year. ; and (B) in subparagraph (B), by striking $1,500 and all that follows through the end of the subparagraph and inserting $10,000 in calendar year 2021, and shall be increased as described in section 1617(d) for each subsequent calendar year. . (2) Inflation adjustment Section 1617 of such Act ( 42 U.S.C. 1382f ) is amended— (A) in the section heading, by inserting ; inflation adjustment after benefits ; and (B) by adding at the end the following: (d) In the case of any calendar year after 2021, each of the amounts specified in section 1611(a)(3) shall be increased by multiplying each such amount by the quotient (not less than 1) obtained by dividing— (1) the average of the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor) for the 12-month period ending with September of the preceding calendar year, by (2) such average for the 12-month period ending with September 2020. . (b) Effective date The amendments made by this section shall take effect as if enacted on January 1, 2021. 7. Effective date Except as otherwise provided, the amendments made by this Act shall apply to benefits for calendar months beginning on or after the date that is 30 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1809is/xml/BILLS-117s1809is.xml |
117-s-1810 | II 117th CONGRESS 1st Session S. 1810 IN THE SENATE OF THE UNITED STATES May 25, 2021 Ms. Klobuchar (for herself, Ms. Collins , Ms. Rosen , Ms. Ernst , Mr. King , Mr. Thune , Mrs. Capito , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes.
1. Short title This Act may be cited as the Conrad State 30 and Physician Access Reauthorization Act . 2. Conrad State 30 program (a) Extension Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( Public Law 103–416 ; 8 U.S.C. 1182 note) is amended by striking September 30, 2015 and inserting on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act . (b) Effective date The amendment made by subsection (a) shall take effect as if enacted on September 30, 2018. 3. Retaining physicians who have practiced in medically underserved communities 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) (i) Alien physicians who have completed service requirements of a waiver requested under section 203(b)(2)(B)(ii), including— (I) alien physicians who completed such service before the date of the enactment of the Conrad State 30 and Physician Access Act ; and (II) the spouse or children of an alien physician described in subclause (I). (ii) Nothing in this subparagraph may be construed— (I) to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a) or the filing of an application for adjustment of status under section 245 by an alien physician described in this subparagraph before the date by which such alien physician has completed the service described in section 214(l) or worked full-time as a physician for an aggregate of 5 years at the location identified in the section 214(l) waiver or in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals; or (II) to permit the Secretary of Homeland Security to grant a petition or application described in subclause (I) until the alien has satisfied all of the requirements of the waiver received under section 214(l). . 4. Employment protections for physicians (a) Exceptions to 2-Year foreign residency requirement Section 214(l)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1) ) is amended— (1) in the matter preceding subparagraph (A), by striking Attorney General and inserting Secretary of Homeland Security ; (2) in subparagraph (A), by striking Director of the United States Information Agency and inserting Secretary of State ; (3) in subparagraph (B), by inserting , except as provided in paragraphs (7) and (8) before the semicolon at the end; (4) in subparagraph (C), by striking clauses (i) and (ii) and inserting the following: (i) the alien demonstrates a bona fide offer of full-time employment at a health facility or health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; (ii) the alien— (I) has accepted employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; (II) begins employment by the later of the date that is— (aa) 120 days after receiving such waiver; (bb) 120 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1); or (cc) 120 days after receiving nonimmigrant status or employment authorization, if the alien or the alien’s employer petitions for such nonimmigrant status or employment authorization not later than 120 days after the date on which the alien completes his or her graduate medical education or training under a program approved pursuant to section 212(j)(1); and (III) agrees to continue to work for a total of not less than 3 years in the status authorized for such employment under this subsection, except as provided in paragraph (8). ; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting (except as provided in paragraph (8)) . (b) Allowable visa status for physicians fulfilling waiver requirements in medically underserved areas Section 214(l)(2)(A) of such Act ( 8 U.S.C. 1184(l)(2)(A) ) is amended to read as follows: (A) Upon the request of an interested Federal agency or an interested State agency for recommendation of a waiver under this section by a physician who is maintaining valid nonimmigrant status under section 101(a)(15)(J) and a favorable recommendation by the Secretary of State, the Secretary of Homeland Security may change the status of such physician to any status authorized for employment under this Act. The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under this subparagraph. . (c) Violation of agreements Section 214(l)(3)(A) of such Act ( 8 U.S.C. 1184(l)(3)(A) ) is amended by inserting substantial requirement of an before agreement entered into . (d) Physician employment in underserved areas Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: (4) (A) If an interested State agency denies an application for a waiver under paragraph (1)(B) from a physician pursuing graduate medical education or training pursuant to section 101(a)(15)(J) because the State has requested the maximum number of waivers permitted for that fiscal year, the physician’s nonimmigrant status shall be extended for up to 6 months if the physician agrees to seek a waiver under this subsection (except for paragraph (1)(D)(ii)) to work for an employer described in paragraph (1)(C) in a State that has not yet requested the maximum number of waivers. (B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of— (i) the date on which the Secretary of Homeland Security denies such waiver; or (ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver. . (e) Contract requirements Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: (5) An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that— (A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time; (B) specifies— (i) whether the contracting facility or organization— (I) has secured medical malpractice liability protection for the alien under section 224(g) of the Public Health Service Act ( 42 U.S.C. 233(g) ); or (II) will pay the alien’s malpractice insurance premiums; (ii) whether the employer will provide malpractice insurance for the alien; and (iii) the amount of such liability protection that will be provided; (C) describes all of the work locations that the alien will work and includes a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and (D) does not include a non-compete provision. (6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph. . (f) Recapturing waiver slots lost to other States Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: (7) If a recipient of a waiver under this subsection terminates the recipient’s employment with a health facility or health care organization pursuant to paragraph (1)(C)(ii), including termination of employment because of circumstances described in paragraph (1)(C)(ii)(III), and accepts new employment with such a facility or organization in a different State, the State from which the alien is departing may be accorded an additional waiver by the Secretary of State for use in the fiscal year in which the alien’s employment was terminated. . (g) Exception to 3-Year work requirement Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: (8) The 3-year work requirement set forth in subparagraphs (C) and (D) of paragraph (1) shall not apply if— (A) (i) the Secretary of Homeland Security determines that extenuating circumstances, including violations by the employer of the employment agreement with the alien or of labor and employment laws, exist that justify a lesser period of employment at such facility or organization; and (ii) the alien demonstrates, not later than 120 days after the employment termination date (unless the Secretary determines that extenuating circumstances would justify an extension), another bona fide offer of employment at a health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, for the remainder of such 3-year period; (B) (i) the interested State agency that requested the waiver attests that extenuating circumstances, including violations by the employer of the employment agreement with the alien or of labor and employment laws, exist that justify a lesser period of employment at such facility or organization; and (ii) the alien demonstrates, not later than 120 days after the employment termination date (unless the Secretary determines that extenuating circumstances would justify an extension), another bona fide offer of employment at a health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, for the remainder of such 3-year period; or (C) the alien— (i) elects not to pursue a determination of extenuating circumstances pursuant to subclause (A) or (B); (ii) terminates the alien’s employment relationship with the health facility or health care organization at which the alien was employed; (iii) demonstrates, not later than 45 days after the employment termination date, another bona fide offer of employment at a health facility or health care organization in a geographic area or areas, in the State that requested the alien’s waiver, which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and (iv) agrees to be employed for the remainder of such 3-year period, and 1 additional year for each termination under clause (ii). . 5. Allotment of Conrad 30 waivers (a) In general Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) ), as amended by section 4, is further amended by adding at the end the following: (9) (A) (i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. (ii) When an allotment occurs under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. (B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case— (i) the number of waivers allotted shall be decreased by 5 for all States beginning in the next fiscal year; and (ii) each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30. . (b) Academic medical centers Section 214(l)(1)(D) of such Act ( 8 U.S.C. 1184(l)(1)(D) ) is amended— (1) in clause (ii), by striking and at the end; (2) in clause (iii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (iv) in the case of a request by an interested State agency— (I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulations, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and (II) the head of such agency determines that— (aa) the alien physician’s work is in the public interest; and (bb) the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B) and subject to paragraph (6)) in accordance with the conditions of this clause to exceed 3. . 6. Amendments to the procedures, definitions, and other provisions related to physician immigration (a) Dual intent for physicians seeking graduate medical training Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ) is amended by striking (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) and inserting (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i) (except subclause (b1) of such section), and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j)) . (b) Physician national interest waiver clarifications (1) Practice and geographic area Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(B)(ii)(I) ) is amended by striking items (aa) and (bb) and inserting the following: (aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or (bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician’s work was or will be in the public interest. . (2) Five-year service requirement Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended— (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)— (i) by inserting (aa) after (II) ; and (ii) by adding at the end the following: (bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. (cc) An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served or an employment contract dated within a minimum time period before filing a visa petition under this subsection. (dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition. . (c) Technical clarification regarding advanced degree for physicians Section 203(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(A) ) is amended by adding at the end the following: An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent. . (d) Short-Term work authorization for physicians completing their residencies (1) In general A physician completing graduate medical education or training described in section 212(j) of the Immigration and Nationality Act ( 8 U.S.C. 1182(j) ) as a nonimmigrant described in section 101(a)(15)(H)(i) of such Act ( 8 U.S.C. 1101(a)(15)(H)(i) )— (A) shall have such nonimmigrant status automatically extended until October 1 of the fiscal year for which a petition for a continuation of such nonimmigrant status has been submitted in a timely manner and the employment start date for the beneficiary of such petition is October 1 of that fiscal year; and (B) shall be authorized to be employed incident to status during the period between the filing of such petition and October 1 of such fiscal year. (2) Termination The physician’s status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. (3) Automatic extension A physician’s status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. (e) Applicability of section 212( e ) to spouses and children of J–1 exchange visitors A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(J) ) shall not be subject to the requirements under section 212(e) of such Act ( 8 U.S.C. 1182(e) ). 7. Annual Conrad State 30 J-1 Visa Waiver Program statistical report The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J–1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1182(e) and 1184(l)), broken down by State. | https://www.govinfo.gov/content/pkg/BILLS-117s1810is/xml/BILLS-117s1810is.xml |
117-s-1811 | II 117th CONGRESS 1st Session S. 1811 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase the recruitment and retention of school-based mental health services providers by low-income local educational agencies.
1. Short title This Act may be cited as the Increasing Access to Mental Health in Schools Act . 2. Definitions In this Act: (1) Best practices The term best practices means a technique or methodology that, through experience and research related to professional practice in a school-based mental health field, has proven to reliably lead to a desired result. (2) Eligible graduate institution The term eligible graduate institution means an institution of higher education that offers a program of study that leads to a masters or other graduate degree— (A) in school psychology that is accredited or approved by the National Association of School Psychologists' Program Approval Board (or its successor) or the Commission on Accreditation of the American Psychological Association and that prepares students in such program for the State licensing or certification examination in school psychology; (B) in school counseling that prepares students in such program for the State licensing or certification examination in school counseling; (C) in school social work that is accredited by the Council on Social Work Education and that prepares students in such program for the State licensing or certification examination in school social work; (D) in another school-based mental health field that prepares students in such program for the State licensing or certification examination in such field, if applicable; or (E) in any combination of study described in subparagraphs (A) through (D). (3) Eligible partnership The term eligible partnership means— (A) a partnership between 1 or more low-income local educational agencies and 1 or more eligible graduate institutions; or (B) in any region in which local educational agencies may not have a sufficient elementary school and secondary school student population to support the placement of all participating graduate students, a partnership between a State educational agency, on behalf of 1 or more low-income local educational agencies, and 1 or more eligible graduate institutions. (4) Institution of higher education The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), but excludes any institution of higher education described in section 102(a)(1)(C) of such Act. (5) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Low-income local educational agency The term low-income local educational agency means a local educational agency— (A) for which not less than 20 percent of the students served by such agency are from families with incomes below the poverty line as determined by the Bureau of the Census on the basis of the most recent satisfactory data available; and (B) that, as of the date of application for a grant under this Act, has ratios of school counselors, school social workers, and school psychologists to students served by the agency that are not more than 1 school counselor per 275 students, not more than 1 school psychologist per 770 students, and not more than 1 school social worker per 250 students. (7) Participating eligible graduate institution The term participating eligible graduate institution means an eligible graduate institution that is part of an eligible partnership awarded a grant under section 3. (8) Participating graduate The term participating graduate means an individual who— (A) has received a masters or other graduate degree in a school-based mental health field from a participating eligible graduate institution and has obtained a State license or credential in the school-based mental health field; and (B) as a graduate student of a school-based mental health field, was placed in a school served by a participating low-income local educational agency to complete required field work, credit hours, internships, or related training as applicable. (9) Participating low-income local educational agency The term participating low-income local educational agency means a low-income local educational agency that is part of an eligible partnership awarded a grant under section 3. (10) School-based mental health field The term school-based mental health field means each of the following fields: (A) School counseling. (B) School social work. (C) School psychology. (D) Any other field of study that leads to employment as a school-based mental health services provider. (11) School-based mental health services provider The term school-based mental health services provider has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 ). (12) Secretary The term Secretary means the Secretary of Education. (13) State educational agency The term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (14) Student support personnel target ratios The term student support personnel target ratios means the ratios of school-based mental health services providers to students recommended to enable such personnel to effectively address the needs of students, including— (A) at least 1 school counselor for every 250 students (as recommended by the American School Counselor Association and American Counseling Association); (B) at least 1 school psychologist for every 500–700 students (as recommended by the National Association of School Psychologists); and (C) at least 1 school social worker for every 250 students (as recommended by the School Social Work Association of America). (15) Unaccompanied youth The term unaccompanied youth has the meaning given such term in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). 3. Grant program to increase the number of school-based mental health services providers employed by low-income local educational agencies (a) Grant Program authorized From amounts made available to carry out this section, the Secretary shall award grants, on a competitive basis and after input from the peer review panel under subsection (d), to eligible partnerships, to enable the eligible partnerships to carry out pipeline programs to increase the number of school-based mental health services providers employed by low-income local educational agencies by carrying out any of the activities described by subsection (f). (b) Grant Period A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress, as determined by the Secretary. (c) Application To be eligible to receive a grant under this section, an eligible graduate institution, on behalf of an eligible partnership, shall submit to the Secretary a grant application. The application shall contain such information as the Secretary may require, including— (1) an assessment of the existing (as of the date of application) ratios of school-based mental health services providers (in the aggregate and disaggregated by profession) to students enrolled in schools in each low-income local educational agency that is part of the eligible partnership; and (2) a detailed description of— (A) a plan to carry out a pipeline program to train, place, and retain school-based mental health services providers in low-income local educational agencies; and (B) the proposed allocation and use of grant funds to carry out activities described in subsection (f). (d) Peer review panel (1) Establishment of panel The Secretary shall establish a peer review panel to evaluate applications submitted under subsection (c) and make recommendations to the Secretary regarding such applications. (2) Evaluation of Applications In making its recommendations, the peer review panel shall take into account the purpose of this Act and the application requirements under subsection (c), including the quality of the proposed pipeline program described in subsection (c)(2)(A). (3) Consideration of panel's recommendation (A) In general The Secretary may award grants under this section to eligible partnerships only after taking into consideration the recommendations of the peer review panel provided under this subsection. (B) Explanation In any case where the Secretary decides to not follow the recommendations of the peer review panel, the Secretary shall provide a written explanation of the decision to the panel and to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. (4) Membership of panel (A) In general The peer review panel shall include at a minimum the following members: (i) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school counselor education. (ii) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school social worker education. (iii) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment, as of the time of service on the panel, to teach courses in the subject area of school psychology education. (iv) One clinical, tenured, or tenure track faculty member at an institution of higher education with a current appointment to teach courses in the subject area of teacher education. (v) One individual with expertise in school counseling who works or has worked in public schools. (vi) One individual with expertise in school social work who works or has worked in public schools. (vii) One individual with expertise in school psychology who works or has worked in public schools. (viii) One administrator who works or has worked for a low-income local educational agency. (ix) One qualified and effective teacher who has substantial experience working for a low-income local educational agency. (x) One community mental health provider. (B) Clinical faculty member At least 1 of the members described in subparagraph (A) shall be a clinical faculty member. (e) Award basis In awarding grants under this section, the Secretary shall— (1) award the first 5 grants to eligible partnerships from 5 different States; and (2) give priority to eligible partnerships that— (A) propose to use the grant funds to carry out the activities described in paragraphs (1) through (3) of subsection (f) in schools that have higher numbers or percentages of low-income students and students not achieving a proficient level of academic achievement, as determined by the State, on the annual assessments required under section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) )) in comparison to other schools that are served by the low-income local educational agency that is part of the eligible partnership; (B) include 1 or more low-income local educational agencies that have fewer school-based mental health services providers, in the aggregate or for a particular school-based mental health field, per student than other eligible partnerships; (C) include 1 or more eligible graduate institutions that offer the greatest number of graduate programs in the greatest number of different school-based mental health fields; and (D) propose to collaborate with other institutions of higher education with similar programs, including sharing facilities, faculty members, and administrative costs. (f) Use of grant funds Grant funds awarded under this section may be used— (1) to pay the administrative costs (including supplies, office and classroom space, supervision, mentoring, and transportation stipends as necessary and appropriate) related to— (A) having graduate students of programs in school-based mental health fields placed in schools served by participating low-income local educational agencies to complete required field work, credit hours, internships, or related training as applicable for the degree, license, or credential program of each such student; and (B) offering required graduate coursework for students of a graduate program in a school-based mental health services field on the site of a participating low-income local educational agency; (2) for not more than the first 3 years after a participating graduate receives a masters or other graduate degree from a program in a school-based mental health field, or obtains a State license or credential in a school-based mental health field, to hire and pay all or part of the salary of the participating graduates working as a school-based mental health services provider in a school served by a participating low-income local educational agency; (3) to increase the number of school-based mental health services providers per student in schools served by participating low-income local educational agencies, in order to work toward the student support personnel target ratios; (4) to recruit, hire, and retain culturally or linguistically under-represented graduate students of programs in school-based mental health fields for placement in schools served by participating low-income educational agencies; (5) to recruit, hire, and pay faculty as necessary to increase the capacity of a participating eligible graduate institution to train graduate students in school-based mental health fields; (6) to develop coursework that will— (A) encourage a commitment by graduate students in school-based mental health fields to work for low-income local educational agencies; (B) give participating graduates the knowledge and skill sets necessary to meet the needs of— (i) students and families served by low-income local educational agencies; and (ii) teachers, administrators, and other staff who work for low-income local educational agencies; (C) enable participating graduates to meet the unique needs of students at risk of negative educational outcomes, including students who— (i) are English language learners; (ii) have a parent or caregiver who is a migrant worker; (iii) have a parent or caregiver who is a member of the armed forces, including the National Guard, who has been deployed or returned from deployment; (iv) are homeless, including unaccompanied youth; (v) have come into contact with the juvenile justice system or adult criminal justice system, including students currently or previously held in juvenile detention facilities or adult jails and students currently or previously held in juvenile correctional facilities or adult prisons; (vi) have been identified as eligible for services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) or the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq.); (vii) have been a victim to or witnessed domestic violence or violence in their community; (viii) have been exposed to substance misuse at home or in the community; or (ix) are foster care youth, youth aging out of foster care, or former foster youth; and (D) utilize best practices determined by the American School Counselor Association, National Association of Social Workers, School Social Work Association of America, and National Association of School Psychologists and other relevant organizations; (7) to provide tuition credits to graduate students participating in the pipeline program; (8) for student loan forgiveness for participating graduates who are employed as school-based mental health services providers by participating low-income local educational agencies for a minimum of 5 consecutive years; and (9) for similar activities to fulfill the purpose of this Act, as the Secretary determines appropriate. (g) Supplement not supplant Funds made available under this section shall be used to supplement, not supplant, other Federal, State, or local funds available for the activities described in subsection (f). (h) Reporting requirements (1) In general Each eligible partnership that receives a grant under this section shall prepare and submit to the Secretary an annual report on the progress of the eligible partnership in carrying out the grant. Such report shall include a description of— (A) actual service delivery provided through the grant funds, including— (i) characteristics of the participating eligible graduate institution, including descriptive information on the educational model used and the actual academic program performance; (ii) characteristics of graduate students participating in the pipeline program supported under the grant, including— (I) performance on any examinations required by the State for credentialing or licensing; (II) demographic characteristics; and (III) graduate student retention rates; (iii) characteristics of students of the participating low-income local educational agency, including performance on any tests required by the State educational agency, demographic characteristics, and promotion, persistence, and graduation rates, as appropriate; (iv) an estimate of the annual implementation costs of the pipeline program; and (v) the numbers of students, schools, and graduate students participating in the pipeline program; (B) outcomes that are consistent with the purpose of the grant program under this Act, including— (i) internship and post-graduation placement of the participating graduate students; (ii) graduation and professional career readiness indicators; and (iii) characteristics of the participating low-income local educational agency, including changes in the hiring and retention of qualified and effective teachers and school-based mental health services providers; (C) the instruction, materials, and activities being funded under the grant; and (D) the effectiveness of any training and ongoing professional development provided— (i) to students and faculty in the appropriate departments or schools of the participating eligible graduate institution; (ii) to the faculty, administration, and staff of the participating low-income local educational agency; and (iii) to the broader community of providers of social, emotional, behavioral, and related support to students and to those individuals who train such providers. (2) Publication The Secretary shall publish the annual reports submitted under paragraph (1) on the website of the Department of Education. (i) Evaluations (1) Interim evaluations The Secretary may conduct interim evaluations to determine whether each eligible partnership receiving a grant under this section is making adequate progress as the Secretary considers appropriate. The contents of the annual report submitted to the Secretary under subsection (h) may be used by the Secretary to determine whether an eligible partnership receiving a grant is demonstrating adequate progress. (2) Final evaluation The Secretary shall conduct a final evaluation to— (A) determine the effectiveness of the grant program in carrying out the purpose of this Act; and (B) compare the relative effectiveness of each of the various activities described in subsection (f) for which grant funds may be used. (j) Report Not earlier than 5 years nor later than 6 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing— (1) the findings of the evaluation conducted under subsection (i)(2); and (2) such recommendations as the Secretary considers appropriate. (k) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out the program under this section, $200,000,000 for fiscal year 2022 and for each succeeding fiscal year. (2) Reservation for evaluation From the total amount appropriated to carry out this section each fiscal year, the Secretary shall reserve not more than 3 percent for evaluations under subsection (i). 4. Student loan forgiveness for individuals who are employed for 5 or more consecutive school years as school-based mental health services providers (a) Establishment of program The Secretary shall establish a program to provide student loan forgiveness for loans issued under parts B, D, and E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq., 1087a et seq., and 1087aa et seq.) to individuals who— (1) are not, and have never been, participants in the grant program established under section 3; and (2) have been employed for 5 or more consecutive school years as school-based mental health services providers by low-income local educational agencies. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the program under this section. 5. Future designation study (a) In general The Secretary shall conduct a study to identify a formula for future designation of regions with a shortage of school-based mental health services providers to use in implementing grant programs and other programs such as the programs established under this Act or for other purposes related to any such designation. (b) Basis of formula The formula described in subsection (a) shall be based on the latest available data regarding an area served by a low-income local educational agency on— (1) the number of residents under the age of 18 in such area; (2) the percentage of the population of such area with incomes below the poverty line; (3) the percentage of residents age 18 or older in such area who have earned secondary school diplomas; (4) the percentage of students in such area who are identified as eligible for special education services; (5) the youth crime rate in such area; (6) the current number of full-time-equivalent and active school-based mental health services providers employed by the low-income local educational agency in such area, in the aggregate and disaggregated by profession; (7) the number of students in such area in military families with parents in the armed forces (including the National Guard and Reserves) who have been alerted for deployment, are currently deployed, or have returned from a deployment in the previous school year; and (8) such other criteria as the Secretary considers appropriate. (c) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings of the study conducted under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1811is/xml/BILLS-117s1811is.xml |
117-s-1812 | II 117th CONGRESS 1st Session S. 1812 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Durbin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the boundary of the Lincoln Home National Historic Site in the State of Illinois.
1. Short title This Act may be cited as the Lincoln Home National Historic Site Boundary Modification Act . 2. Lincoln Home National Historic Site boundary modification Public Law 92–127 ( 54 U.S.C. 320101 note; 85 Stat. 347) is amended— (1) in the first section— (A) by striking That, in order to and inserting the following: 1. Establishment of Lincoln Home National Historic Site (a) In general To ; and (B) by adding at the end the following: (b) Boundary modification The boundary of the Lincoln Home National Historic Site established under subsection (a) is modified as generally depicted on the map entitled Proposed Boundary Expansion of the Lincoln Home National Historic Site and dated February 26, 2021. ; (2) in section 2— (A) by striking the section designation and all that follows through The and inserting the following: 2. Administration (a) In general The ; and (B) by adding at the end the following: (b) Accessibility To improve accessibility, the Secretary of the Interior shall modify the following areas located within the boundary of the Lincoln Home National Historic Site to provide universal design and accessibility by raising the height of the street to match the height of the sidewalk with no sloped surfaces: (1) The intersection at 8th Street and Jackson Street. (2) The area in front of the home of Abraham Lincoln. ; and (3) in section 3, by striking the section designation and all that follows through There are and inserting the following: 3. Authorization of appropriations There are . | https://www.govinfo.gov/content/pkg/BILLS-117s1812is/xml/BILLS-117s1812is.xml |
117-s-1813 | II 117th CONGRESS 1st Session S. 1813 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Coons (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 direct the Secretary of Health and Human Services to support research on, and expanded access to, investigational drugs for amyotrophic lateral sclerosis, and for other purposes.
1. Short title This Act may be cited as the Accelerating Access to Critical Therapies for ALS Act . 2. Grants for research on therapies for ALS (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary) shall award grants to participating entities for purposes of expanded access for individuals to investigational drugs for the prevention, diagnosis, mitigation, treatment, or cure of amyotrophic lateral sclerosis. In the case of an applicant seeking such a grant, an expanded access request must be submitted, and allowed to proceed by the Secretary, under section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ) and part 312 of title 21, Code of Federal Regulations (or any successor regulations), before the application for such grant is submitted. (b) Application (1) In general A participating entity seeking 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 shall specify. (2) Use of data An application submitted under paragraph (1) shall include a description of how data generated through an expanded access request under section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ) with respect to the investigational drug involved may be used by the Secretary to support research or development related to the prevention, diagnosis, mitigation, treatment, or cure of amyotrophic lateral sclerosis or other rare neurodegenerative diseases. (c) Selection Not later than 120 days after the date of submission of an application for a grant under this section, the Secretary shall determine whether to award the grant, taking into consideration— (1) whether awarding such grant will support a research objective relating to expanding access to investigational drugs (as described in subsection (a)); and (2) whether awarding such a grant may have the effect of diminishing eligibility for, or impeding enrollment of, ongoing clinical investigations. (d) Use of funds A participating entity may use funds received through the grant— (1) to pay the manufacturer or sponsor for the direct costs of such drug (as authorized under section 312.8(d) of title 21, Code of Federal Regulations (or successor regulations)), if such costs are justified as part of peer review of the grant; (2) for the entity’s direct costs incurred in providing such drug consistent with the research mission of the grant; or (3) for the direct and indirect costs of the entity in conducting research with respect to the drug involved. (e) Definitions In this section: (1) The term participating entity means a participating clinical trial site or sites sponsored by a small business concern (as defined in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ) that is the sponsor of a drug that is the subject of an investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ). (2) The term participating clinical trial means a phase 3 clinical trial conducted pursuant to an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) or section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) to investigate a drug intended to prevent, diagnose, mitigate, treat, or cure amyotrophic lateral sclerosis. (3) The term participating clinical trial site means a nonprofit or public health care facility, or network of facilities, at which patients participating in a participating clinical trial receive an investigational drug through such trial. 3. HHS public-private partnership for rare neurodegenerative diseases (a) Establishment Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish and implement a Public-Private Partnership for Neurodegenerative Diseases between the National Institutes of Health, the Food and Drug Administration, and one or more eligible entities (to be known and referred to in this section as the Partnership ) through cooperative agreements, contracts, or other appropriate instruments with such eligible entities, for the purpose of developing treatments for amytrophic lateral sclerosis and other rare neurodegenerative diseases. The Partnership shall— (1) establish partnerships, consortia, and collaborations with other public and private entities and individuals with expertise in amyotrophic lateral sclerosis and other rare neurodegenerative diseases for the purposes described in this subsection; (2) focus on advancing regulatory science and scientific research that will support and accelerate the development and review of drugs for patients with amyotrophic lateral sclerosis and other rare neurodegenerative diseases; and (3) foster the development of effective drugs that improve the lives of people that suffer from amyotrophic lateral sclerosis and other rare neurodegenerative diseases. (b) Eligible entity In this section, the term eligible entity means an entity that— (1) is— (A) an institution of higher education (as such term is defined in section 1001 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) or a consortium of such institutions; or (B) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under subsection (a) of such section; (2) has experienced personnel and demonstrated connection to the patient population; (3) demonstrates to the Secretary’s satisfaction that the entity is capable of identifying and establishing collaborations between public and private entities and individuals with expertise in neurodegenerative diseases, including patients, in order to facilitate— (A) development and critical evaluation of tools, methods, and processes— (i) to characterize neurodegenerative diseases and their natural history; (ii) to identify drug targets for neurodegenerative diseases; and (iii) to increase efficiency, predictability, and productivity of clinical development of therapies, including advancement of rational therapeutic development and establishment of clinical trial networks; and (B) securing funding for the Partnership from Federal and non-Federal governmental sources, foundations, and private individuals; and (4) provides an assurance that the entity will not accept funding for a Partnership project from any organization that manufactures or distributes products regulated by the Food and Drug Administration unless the entity provides assurances in its agreement with the Secretary that the results of the project will not be influenced by any source of funding. (c) Gifts (1) In general The Partnership may solicit and accept gifts, grants, and other donations, establish accounts, and invest and expend funds in support of pre-competitive research and research associated with phase 3 clinical trials conducted with respect to investigational drugs that are the subjects of expanded access applications under section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ). (2) Use In addition to any amounts appropriated for purposes of carrying out this section, the Partnership may use, without further appropriation, any funds derived from a gift, grant, or other donation accepted pursuant to paragraph (1). 4. ALS and other rare neurodegenerative disease action plan (a) In general Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall publish on the website of the Department of Health and Human Services an action plan describing actions the Food and Drug Administration intends to take during the 5-year period following publication of the plan with respect to program enhancements, policy development, regulatory science initiatives, and other appropriate initiatives to— (1) foster the development of safe and effective drugs that improve or extend, or both, the lives of people living with amyotrophic lateral sclerosis and other rare neurodegenerative diseases as quickly as possible; and (2) facilitate access to investigational drugs for amyotrophic lateral sclerosis and other rare neurodegenerative diseases. (b) Contents The initial action plan published under subsection (a) shall— (1) identify appropriate representation from within the Food and Drug Administration to be responsible for implementation of such action plan; (2) include elements to facilitate— (A) interactions and collaboration between the Food and Drug Administration, including the review centers thereof, and stakeholders including patients, sponsors, and the external biomedical research community; (B) consideration of cross-cutting clinical and regulatory policy issues, including consistency of regulatory advice and decision making; (C) identification of key regulatory science and policy issues critical to advancing development of safe and effective drugs; and (D) enhancement of collaboration and engagement by staff of the relevant centers of the Food and Drug Administration and other relevant offices of the Food and Drug Administration with other operating divisions within the Department of Health and Human Services, the Partnership, and the broader neurodegenerative disease community; and (3) be subject to revision, as determined appropriate by the Secretary of Health and Human Services. 5. FDA rare neurodegenerative disease grant program The Secretary of Health and Human Services shall use funds made available under section 6 to award grants and contracts to public and private entities to cover the costs of research on, and development of interventions intended to prevent, diagnose, mitigate, treat, or cure, amyotrophic lateral sclerosis and other rare life-threatening or severely debilitating neurodegenerative diseases in adults and children, including costs incurred with respect to the development and critical evaluation of tools, methods, and processes— (1) to characterize such neurodegenerative diseases and their natural history; (2) to identify molecular targets for such neurodegenerative diseases; and (3) to increase efficiency and productivity of clinical development of therapies, including advancing rational therapeutic development and working to establish new or leverage existing clinical trial networks. 6. Authorization of appropriations For purposes of carrying out this Act, there are authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1813is/xml/BILLS-117s1813is.xml |
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