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117-s-1814 | II 117th CONGRESS 1st Session S. 1814 IN THE SENATE OF THE UNITED STATES May 25, 2021 Ms. Duckworth (for herself, Mrs. Blackburn , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Women Who Worked on the Home Front Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.
1. Short title This Act may be cited as the Women Who Worked on the Home Front World War II Memorial Act . 2. Authorization to establish commemorative work (a) In general The Women Who Worked on the Home Front Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the commitment and service represented by women who worked on the home front during World War II. (b) Compliance with standards for commemorative works The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ). (c) Prohibition on the use of federal funds (1) In general Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (2) Responsibility of women who worked on the home front foundation The Women Who Worked on the Home Front Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of excess funds (1) In general If upon payment of all expenses for the establishment of the memorial (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Women Who Worked on the Home Front Foundation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. (2) On expiration of authority If upon expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work, the Women Who Worked on the Home Front Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or Administrator (as appropriate) following the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under section 8906(b)(2) or (3) of title 40, United States Code. 3. Determination of Budgetary Effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s1814is/xml/BILLS-117s1814is.xml |
117-s-1815 | II 117th CONGRESS 1st Session S. 1815 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Warner introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to require issuers to disclose to the Securities and Exchange Commission information regarding workforce management policies, practices, and performance, and for other purposes.
1. Short title This Act may be cited as the Workforce Investment Disclosure Act of 2021 . 2. Findings Congress finds the following: (1) One of the keys to the 20th century post-war economic success of the United States was the ability to prepare workers over the course of their lives for success through multiple sectors across society. Unfortunately, during the several decades preceding the date of enactment of this Act, there has been a shift in business norms and in society. While Congress recognizes that the technology and job skills required for some jobs has changed dramatically, the private and public partnership to hire workers at different education levels and invest in them for the long-term is broken. (2) Available data from the 10-year period preceding the date of enactment of this Act suggests that businesses are investing less in worker training during that time period, not more. (3) In the wake of the 2008 global financial crisis, there was a well-documented decline in overall business investment. That decline coincides with the wage polarization of workers and an increase in spending on share buybacks and dividends, leading several researchers to conclude that companies are de-emphasizing investment at the expense of increasing returns for shareholders. The onset of a global pandemic may make that trend worse, especially with respect to investments in workers. (4) As part of the overall decline in investment described in paragraph (3), publicly traded companies are being provided with incentives to prioritize investments in physical assets over investments in their workforces, meaning that those companies are investing in robots instead of individuals. In fact, there are already signs that automation has increased during the COVID–19 pandemic. (5) More than ever, the Federal Government, through company disclosure practices, needs to understand exactly how companies are investing in their workers. Over the several months preceding the date of enactment of this Act, companies across the United States have taken extreme actions to adapt and respond to evolving workforce challenges presented by COVID–19. (6) JUST Capital has been tracking the responses of the Standard and Poor’s 100 largest public companies to their workers and has found wide variation in the policies implemented, as well as with respect to the disclosure of those policies. Through different responses to their workforces, from layoffs to workplace safety to paid leave, the COVID–19 pandemic is exposing the myriad ways that workforce management practices of companies pose operational and reputational risks for short- and long-term financial performance. (7) Even before the COVID–19 pandemic, there was a growing body of research establishing a relationship between measurable workforce management, which is the way that companies manage their employees, and firm performance. In a study of 2,000 large companies, Harvard Law School’s Labor and Work Life Program found that forward-thinking workforce policies that prioritize workers, such as how companies train, retain, and pay their workers, are correlated with long-term financial performance. (8) Disclosure of workforce management policies should be part of a Government-wide economic recovery strategy. Just as a set of generally accepted accounting principles (commonly known as GAAP ) was urgently adopted after the Great Depression, standardized, comparable metrics of workforce disclosure requirements in the context of the COVID–19 pandemic are critical for investors to accurately measure and project company performance, both in the present and in the future. (9) Because many companies already track workforce metrics internally, moving towards a transparent disclosure regime would allow investors to better judge whether companies are managing risks and making the investments in their workforces that are needed for long-term growth. (10) Businesses increasingly rely on workforce innovation and intellectual capital for competitiveness. Workplace benefits, particularly paid sick leave, medical leave, and flexible work arrangements, critically support employee mental and physical well-being. (11) Race- and gender-based workplace discrimination have been tied to negative health outcomes, as well as lower productivity, trust, morale, and satisfaction and higher rates of absenteeism and turnover. Organizational reporting on practices to reduce discrimination can increase employee job satisfaction, performance, and engagement. (12) According to the Centers for Disease Control and Prevention, work-related stress is the leading occupational health risk and, per the American Institute of Stress, job stress costs United States industry more than $300,000,000,000 per year in accidents, absenteeism, employee turnover, diminished productivity, and medical, legal, and insurance costs. (13) Employee health and well-being is a key asset to delivering long-term value, with 80 percent of public companies that took concrete actions on health and well-being having seen larger improvements in financial performance. (14) Organizational well-being interventions can create cost savings of up to 10 dollars for every dollar invested. Specifically, for every dollar that employers spend on workplace disease prevention and well-being programs, there is a $3.27 reduction in employee medical costs and a $2.73 reduction in absenteeism costs. Employers that implement workplace health promotion programs have seen reductions in sick leave, health plan costs, and workers’ compensation and disability insurance costs of approximately 25 percent. (15) The Centers for Disease Control and Prevention has found that preventable chronic conditions are a major contributor to insurance premium and employee medical claim costs, which are at an all-time high, and a Milken Institute study shows that employers paid $2,600,000,000,000 in 2016 for the indirect costs of employee chronic disease due to work absences, lost wages, and reduced economic productivity. (16) The COVID–19 pandemic has severely impacted employee physical, mental, and emotional well-being by increasing stress, depression, burnout, and mortality rates of chronic disease and by reducing work-life balance and financial security, with these challenges likely to persist due to uncertainty and instability even as employees return to work. Before the COVID–19 pandemic, but especially in the face of that pandemic, employers that advance policies and practices that support workforce health, safety, and well-being are likely to outperform competitors and benefit from lower costs. 3. Disclosures relating to workforce management Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following: (s) Disclosures relating to workforce management (1) Definition In this subsection, the term contingent worker includes an individual performing work on a temporary basis or as an independent contractor. (2) Regulations Not later than 2 years after the date of enactment of this subsection, the Commission, in consultation with the Secretary of Labor, the Secretary of Commerce, the Secretary of Treasury, and the Attorney General, shall promulgate regulations that require each issuer required to file an annual report under subsection (a) or section 15(d) to disclose in that report information regarding workforce management policies, practices, and performance with respect to the issuer. (3) Rules Consistent with the requirement under paragraph (4), each annual report filed with the Commission in accordance with the regulations promulgated under paragraph (2) shall include disclosure of the following with respect to the issuer filing the report for the year covered by the report: (A) Workforce demographic information, including— (i) the number of full-time employees, the number of part-time employees, and the number of contingent workers (including temporary and contract workers) with respect to the issuer, which shall include demographic information with respect to those categories of individuals, including information regarding race, ethnicity, and gender; (ii) any policies or practices of the issuer relating to subcontracting, outsourcing, and insourcing individuals to perform work for the issuer, which shall include demographic information with respect to those individuals, including information regarding race, ethnicity, and gender; and (iii) whether the percentage of contingent workers with respect to the issuer has changed, including temporary and contract workers, as compared with the previous annual report filed by the issuer under this subsection. (B) Workforce stability information, including information about the voluntary turnover or retention rate, the involuntary turnover rate, the internal hiring rate, and the internal promotion rate, and the horizontal job change rate by quintile and demographic information. (C) Workforce composition, including— (i) data on diversity (including racial, ethnic, and gender composition) for senior executives and other individuals in the workforce; and (ii) any policies, audits, and programming expenditures relating to diversity. (D) Workforce skills and capabilities, including— (i) information about training and cross-training of employees and contingent workers by quintile and demographic information, distinguishing between compliance training, career development training, job performance or technical training, and training tied to recognized postsecondary credentials; (ii) average number of hours of training for each employee and contingent worker; (iii) total spending on training for all employees and contingent workers; (iv) average spending per employee or contingent worker; (v) training utilization rates; and (vi) whether completion of training opportunities translates into value added benefit for workers, as determined by wage increases or internal promotions. (E) Workforce health, safety, and well-being, including information regarding— (i) the frequency, severity, and lost time due to injuries, physical and mental illness, and fatalities; (ii) the scope, frequency, and total expenditure on workplace health, safety, and well-being programs; (iii) the total dollar value of assessed fines under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.); (iv) the total number of actions brought under section 13 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 662 ) to prevent imminent dangers; (v) the total number of actions brought against the issuer under section 11(c) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 660(c) ); (vi) any findings of workplace harassment or workplace discrimination during the 5 fiscal year period of the issuer preceding the fiscal year in which the report is filed; and (vii) communication channels and grievance mechanisms in place for employees and contingent workers. (F) Workforce compensation and incentives, including information regarding— (i) total workforce costs, including salaries and wages, health benefits, other ancillary benefit costs, and pension costs; (ii) workforce benefits, including paid leave, health care, child care, and retirement, including information regarding benefits that are provided— (I) to full-time employees and not to part-time employees; or (II) to employees and not to contingent workers; (iii) total contributions made to unemployment insurance by the issuer, how many employees to whom those contributions apply, and the total amount paid in unemployment compensation to individuals who were laid off by the issuer; (iv) policies and practices regarding how performance, productivity, equity, and sustainability are considered when setting pay and making promotion decisions; and (v) policies and practices relating to any incentives and bonuses provided to employees and any policies or practices designed to counter any risks created by such incentives and bonuses. (G) Workforce recruiting and needs, including— (i) the number of new jobs created, seeking to be filled, and filled, disaggregated based on classification status; (ii) the share of new jobs that require a bachelor’s degree or higher; (iii) information regarding the quality of hire for jobs described in clause (i); and (iv) the retention rate for individuals hired to fill the jobs described in clause (i). (H) Workforce engagement and productivity, including information regarding policies and practices of the issuer relating to— (i) engagement, productivity, and mental well-being of employees and contingent workers, as determined in consultation with the Department of Labor; and (ii) freedom of association and work-life balance initiatives, including flexibility and the ability of the workforce to work remotely, as determined in consultation with the Department of Labor. (4) Disaggregation of information To the maximum extent feasible, the information described in paragraph (3) shall be disaggregated by— (A) the workforce composition described in subparagraph (C) of that paragraph; (B) wage quintiles of the employees of the issuer for the year covered by the applicable annual report; and (C) the employment status of individuals performing services for the issuer, including whether those individuals are full-time employees, part-time employees, or contingent workers. (5) Treatment of emerging growth companies The Commission may exempt emerging growth companies from any disclosure required under subparagraph (D), (E), (F), (G), or (H) of paragraph (3) if the Commission determines that such an exemption is necessary or appropriate in the public interest. (6) False or misleading statements (A) In general Except as provided in subparagraph (B), it shall be unlawful for any person, in any report or document filed under this subsection, to make or cause to be made any untrue statement of a material fact or omit to state a material fact required to be stated in the report or document or necessary to make the statement made, in the light of the circumstances under which it is made, not misleading. (B) Exception A person shall not be liable under subparagraph (A) if the person shows that the person had, after reasonable investigation, reasonable ground to believe, and did believe, at the time the applicable statement was made, that the statement was true and that there was no omission to state a material fact necessary to make the statement made, in the light of the circumstances under which it is made, not misleading. (C) No private right of action Nothing in this paragraph may be construed as creating a private right of action. (7) Exemption This subsection shall not apply to an investment company registered under section 8 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–8 ). . 4. Backstop (a) Definitions In this section— (1) the term Commission means the Securities and Exchange Commission; (2) the term covered issuer means an issuer that is required to file an annual report under section 13(a) or section 15(d) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m(a) , 78o(d)); and (3) the term issuer has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (b) Compliance If, as of the date that is 2 years after the date of enactment of this Act, the Commission has not promulgated the regulations required under subsection (s) of section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ), as added by section 3 of this Act, a covered issuer, during the period beginning on that date and ending on the date on which the Commission promulgates those regulations, shall be deemed to be in compliance with such subsection (s) if disclosures set forth in the annual report of the covered issuer satisfy the public disclosure standards of the International Organization for Standardization’s ISO 30414, or any successor standards for external workforce reporting, as supplemented or adjusted by rules, guidance, or other comments from the Commission. 5. SEC study (a) Definitions In this section, the terms Commission and issuer have the meanings given those terms in section 4(a). (b) Study The Commission shall conduct a study about the value to investors of— (1) information about the human rights commitments of issuers required to file annual reports under section 13(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m(a) ), including information about any principles used to evaluate risk, constituency consultation processes, and supplier due diligence; and (2) with respect to issuers required to file annual reports under section 13(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m(a) ), information about— (A) violations of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.) by those issuers; (B) violations of worker misclassification by those issuers; (C) surveys regarding employee satisfaction, well-being, and engagement; (D) the number and overall percentage of quality jobs, as determined by compensation above median wage and comprehensive employer-provided benefits; and (E) information about workforce investment trends, as determined by at least a 3-year time period. (c) Report Not later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress a report that contains the results of the study required to be conducted under subsection (b), with recommendations for additional disclosure regulations based on the findings, and any actions the Commission plans to take to enhance disclosures based on the findings. | https://www.govinfo.gov/content/pkg/BILLS-117s1815is/xml/BILLS-117s1815is.xml |
117-s-1816 | II 117th CONGRESS 1st Session S. 1816 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Warner (for himself, Mr. Casey , Mr. Van Hollen , Mr. Kaine , Mr. Cardin , and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the National Oceanic and Atmospheric Administration Authorization Act of 1992 to reauthorize the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration, and for other purposes.
1. Short Title This Act may be cited as the Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2021 . 2. Sense of Congress It is the sense of Congress that the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration should be the primary representative of the National Oceanic and Atmospheric Administration in the Chesapeake Bay watershed. 3. Reauthorization of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration (a) Establishment Section 307(a) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( 15 U.S.C. 1511d(a) ) is amended— (1) in paragraph (1), by striking (in this section and all that follows and inserting a period; (2) by amending paragraph (2) to read as follows: (2) The Office shall be headed by a Director, who shall— (A) have knowledge and experience in research or resource management efforts in the Chesapeake Bay; and (B) be responsible for— (i) the administration and operation of the Office; and (ii) the implementation of this section. ; and (3) by striking paragraph (3). (b) Functions Section 307(b) of such Act ( 15 U.S.C. 1511d(b) ) is amended— (1) in paragraph (2), by striking Secretary of Commerce and inserting Administrator ; (2) in paragraph (3)— (A) in the matter preceding subparagraph (A)— (i) by inserting with and represent after coordinate ; and (ii) by striking , the Chesapeake Bay Regional Sea Grant Programs, and the Chesapeake Bay units of the National Estuarine Research Reserve System, and inserting for the Chesapeake Bay Program and that relate to the Chesapeake Bay watershed, in furtherance of the coastal resource stewardship mission of the Administration, ; (B) in subparagraph (A)— (i) in clause (vi), by striking and at the end; (ii) in clause (vii), by striking and at the end; and (iii) by adding at the end the following: (viii) coastal hazards and climate change; and (ix) education; and ; and (C) in subparagraph (B)— (i) in clause (iii), by striking and at the end; (ii) in clause (iv), by inserting and after the semicolon; and (iii) by adding at the end the following: (v) integrated ecosystem assessments; ; (3) in paragraph (4)— (A) by striking Environmental Protection Agency and inserting Chesapeake Executive Council ; and (B) by inserting before the semicolon at the end the following: as appropriate to further the purposes of this section ; (4) by striking paragraphs (5) and (7); (5) by redesignating paragraph (6) as paragraph (5); and (6) by adding at the end the following: (6) perform any functions necessary to support the programs and activities described in paragraph (3). . (c) Activities Such Act ( 15 U.S.C. 1511d et seq.) is amended— (1) by striking subsections (c), (d), and (e); and (2) by adding at the end the following: (c) Activities (1) In general The Administrator, through the Director, shall implement the activities authorized under this section— (A) to support the activities of the Chesapeake Executive Council; and (B) to further the purposes of this section. (2) Ensuring scientific and technical merit The Director shall— (A) establish and use an effective and transparent mechanism to ensure that projects funded under this section have undergone appropriate peer review; and (B) provide other appropriate means to determine that such projects have acceptable scientific and technical merit for the purpose of achieving maximum use of available funds and resources to benefit the Chesapeake Bay area. (3) Consultation with Chesapeake Executive Council In implementing the activities authorized under this section, the Director shall consult with the Chesapeake Executive Council to ensure that the activities of the Office are consistent with the purposes and priorities of the Chesapeake Bay Agreement and plans developed pursuant to that agreement. (4) Integrated coastal observations (A) In general The Administrator, through the Director, may collaborate with scientific and academic institutions, State and Federal agencies, nongovernmental organizations, and other constituents in the Chesapeake Bay watershed to support an integrated observations system for the Chesapeake Bay consistent with the purposes of the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq.). (B) Specific requirements To support the system described in subparagraph (A) and provide a complete set of environmental information for the Chesapeake Bay, the Director shall— (i) coordinate monitoring with Federal and State agencies in the tidal portions of the Chesapeake Bay to understand effects of water quality on living marine resources; (ii) identify new data collection needs and deploy new technologies, as appropriate; (iii) collect and analyze the scientific information necessary for the management of living marine resources and the marine habitat associated with such resources; and (iv) organize the information described in clause (iii) into products that are useful to policy makers, resource managers, scientists, and the public. (C) Chesapeake Bay Interpretive Buoy System To further the development and implementation of the Chesapeake Bay Interpretive Buoy System and associated monitoring assets to improve weather and ecological forecasts and monitor habitat conditions for living marine resources, the Director may— (i) support the establishment and implementation of the Captain John Smith Chesapeake National Historic Trail designated by section 5(a)(25) of the National Trails System Act ( 16 U.S.C. 1244(a)(25) ); (ii) delineate key waypoints along the trail and provide appropriate real-time data and information for trail users; (iii) interpret data and information for use by educators and students to inspire stewardship of the Chesapeake Bay; and (iv) incorporate the Chesapeake Bay Interpretive Buoy System into the Integrated Ocean Observing System regional network of observatories. (5) Chesapeake Bay Watershed Education and Training Program (A) In general The Administrator, through the Director, may establish a program, to be known as the Chesapeake Bay Watershed Education and Training Program . (B) Program objectives The Chesapeake Bay Watershed Education and Training Program shall— (i) continue and expand the Chesapeake Bay watershed education programs offered by the Office immediately before the date of the enactment of the Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2021 ; (ii) improve the understanding of elementary and secondary school students and teachers of the living resources of the ecosystem of the Chesapeake Bay; (iii) provide education and career pathway internships; and (iv) meet the educational goals of the Chesapeake Bay Watershed Agreement. (C) Grant program (i) In general The Director may award grants to carry out the Chesapeake Bay Watershed Education and Training Program. (ii) Use of funds Grants awarded under clause (i) may be used to support education and training projects that enhance understanding and assessment of a specific environmental problem in the Chesapeake Bay watershed or a goal of the Chesapeake Bay Program, or to protect or restore living resources of the Chesapeake Bay watershed, including projects that— (I) provide classroom education, including the development and use of distance learning and other innovative technologies, related to the Chesapeake Bay watershed; (II) provide meaningful watershed educational experiences in the Chesapeake Bay watershed; (III) provide professional development for teachers related to the Chesapeake Bay watershed and disseminate pertinent education materials oriented to varying grade levels; (IV) demonstrate or disseminate environmental educational tools and materials related to the Chesapeake Bay watershed; (V) demonstrate field methods, practices, and techniques, including assessment of environmental and ecological conditions and analysis of environmental problems; and (VI) build the capacity of school districts and partners of school districts to deliver high quality environmental education programs. (D) Coordination The Director shall implement the Chesapeake Bay Watershed Education and Training Program in coordination with the heads of other Federal agencies, as the Director determines appropriate. (6) Coastal and Living Resources Management and Habitat Program (A) In general The Administrator, through the Director, may establish a program, to be known as the Chesapeake Bay Coastal Living Resources Management and Habitat Program , to support coordinated management, protection, characterization, and restoration of priority Chesapeake Bay habitats and living resources, including oysters, blue crabs, submerged aquatic vegetation, and economically and ecologically important fish species such as striped bass and menhaden. (B) Activities Under the Chesapeake Bay Coastal Living Resources Management and Habitat Program, the Director may carry out or enter into grants, contracts, and cooperative agreements and provide technical assistance to support— (i) native oyster research and restoration; (ii) fish and shellfish aquaculture that is carried out in accordance with a valid Federal or State permit; (iii) the establishment of submerged aquatic vegetation restoration programs; (iv) the development of programs that restore, protect, and build the resilience of critical coastal habitats and communities; (v) habitat mapping, characterization, and assessment techniques necessary to identify, assess, and monitor Chesapeake Bay conditions and restoration actions; (vi) application and transfer of applied scientific research and ecosystem management tools to fisheries and habitat managers; (vii) collection, synthesis, and sharing of information to inform and influence coastal and living resource management issues; (viii) ecologically and economically important fish and shellfish research; and (ix) such other activities as the Director determines appropriate to carry out the purposes of the Chesapeake Bay Coastal Living Resources Management and Habitat Program. . (d) Delegation of authority; staff; Reports; Agreements Such Act ( 15 U.S.C. 1511d et seq.), as amended by subsection (c), is further amended by adding the end the following: (d) Delegation of authority; staff (1) Authority The Administrator shall delegate to the Director such authority as may be necessary to carry out this section. (2) Staff The Administrator shall provide to the Director appropriate staff representing expertise that covers the breadth of the duties of the Office. (e) Reports (1) In general Not less frequently than once every 2 years, the Administrator, through the Director, shall submit to Congress and the Secretary of Commerce a report on— (A) the activities of the Office during the period covered by the report; and (B) progress made in protecting and restoring the living resources and habitat of the Chesapeake Bay during the period covered by the report. (2) Action plan Each such report required by paragraph (1) shall include an action plan for the 2-year period following the date on which the report is submitted, consisting of— (A) a list of recommended research, monitoring, and data collection activities necessary to continue implementation of the strategy required by subsection (b)(2); and (B) recommendations to integrate activities of the National Oceanic and Atmospheric Administration with the activities of the partners in the Chesapeake Bay Program to meet the commitments of the Chesapeake Bay Agreement and subsequent agreements. (f) Agreements (1) In general The Administrator, through the Director, may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out this section. (2) Use of other resources For purposes related to the understanding, protection, and restoration of Chesapeake Bay, the Director may use, with consent and with or without reimbursement, the land, services, equipment, personnel, and facilities of any Department, agency, or instrumentality of the United States, or of any State or local government or Indian Tribe, or of any political subdivision thereof. . (e) Definitions; Authorization of appropriations Such Act ( 15 U.S.C. 1511d et seq.), as amended by subsections (c) and (d), is further amended by adding the end the following: (g) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. (2) Chesapeake Bay Agreement; Chesapeake Bay ecosystem; Chesapeake Bay Program; Chesapeake Executive Council The terms Chesapeake Bay Agreement , Chesapeake Bay ecosystem , Chesapeake Bay Program , and Chesapeake Executive Council have the meanings given those terms in section 117(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1267(a) ). (3) Director The term Director means the Director of the Office. (4) Office The term Office means the Chesapeake Bay Office established under this section. (h) Authorization of appropriations There are authorized to be appropriated to the Secretary of Commerce to carry out this section— (1) $17,000,000 for fiscal year 2022; (2) $18,700,000 for fiscal year 2023; (3) $20,570,000 for fiscal year 2024; and (4) $22,627,000 for fiscal year 2025. . | https://www.govinfo.gov/content/pkg/BILLS-117s1816is/xml/BILLS-117s1816is.xml |
117-s-1817 | II 117th CONGRESS 1st Session S. 1817 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Brown (for himself, Mr. Inhofe , Mr. Whitehouse , Mr. Wicker , Mr. Wyden , Mr. Portman , Mr. Van Hollen , Mr. Boozman , Mr. Markey , Mrs. Hyde-Smith , Ms. Stabenow , Mr. Hagerty , Mrs. Murray , and Mr. Casey ) 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 competitive grant program to repair, improve, rehabilitate, or replace bridges to improve the safety, efficiency, and reliability of the movement of people and freight over bridge crossings, and for other purposes.
1. Short title This Act may be cited as the Bridge Investment Act of 2021 . 2. Bridge investment program (a) In general Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following: 124. Bridge investment program (a) Definitions In this section: (1) Eligible project (A) In general The term eligible project means a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b). (B) Inclusions The term eligible project includes— (i) a bundle of projects described in subparagraph (A), regardless of whether the bundle of projects meets the requirements of section 144(j)(5); and (ii) a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species. (2) Large project The term large project means an eligible project with total eligible project costs of greater than $100,000,000. (3) Program The term program means the bridge investment program established by subsection (b)(1). (b) Establishment of bridge investment program (1) In general There is established a bridge investment program to provide financial assistance for eligible projects under this section. (2) Goals The goals of the program shall be— (A) to improve the safety, efficiency, and reliability of the movement of people and freight over bridges; (B) to improve the condition of bridges in the United States by reducing— (i) the number of bridges— (I) in poor condition; or (II) in fair condition and at risk of falling into poor condition within the next 3 years; (ii) the total person miles traveled over bridges— (I) in poor condition; or (II) in fair condition and at risk of falling into poor condition within the next 3 years; (iii) the number of bridges that— (I) do not meet current geometric design standards; or (II) cannot meet the load and traffic requirements typical of the regional transportation network; and (iv) the total person miles traveled over bridges that— (I) do not meet current geometric design standards; or (II) cannot meet the load and traffic requirements typical of the regional transportation network; and (C) to provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects. (c) Grant authority (1) In general In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance with this section. (2) Grant amounts Except as otherwise provided, a grant under the program shall be— (A) in the case of a large project, in an amount that is— (i) adequate to fully fund the project (in combination with other financial resources identified in the application); and (ii) not less than $50,000,000; and (B) in the case of any other eligible project, in an amount that is— (i) adequate to fully fund the project (in combination with other financial resources identified in the application); and (ii) not less than $2,500,000. (3) Maximum amount Except as otherwise provided, for an eligible project receiving assistance under the program, the amount of assistance provided by the Secretary under this section, as a share of eligible project costs, shall be— (A) in the case of a large project, not more than 50 percent; and (B) in the case of any other eligible project, not more than 80 percent. (4) Federal share (A) Maximum Federal involvement Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project for which a grant is made, except that the total Federal assistance provided for a project receiving a grant under the program may not exceed the Federal share for the project under section 120. (B) Off-system bridges In the case of an eligible project for an off-system bridge (as defined in section 133(f)(1))— (i) Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project; and (ii) notwithstanding subparagraph (A), the total Federal assistance provided for the project shall not exceed 90 percent of the total eligible project costs. (C) Federal land management agencies and Tribal governments Notwithstanding any other provision of law, Federal funds other than Federal funds made available under this section may be used to pay the remaining share of the cost of a project under the program by a Federal land management agency or a Tribal government or consortium of Tribal governments. (5) Considerations (A) In general In awarding grants under the program, the Secretary shall consider— (i) in the case of a large project, the ratings assigned under subsection (g)(5)(A); (ii) in the case of an eligible project other than a large project, the quality rating assigned under subsection (f)(3)(A)(ii); (iii) the average daily person and freight throughput supported by the eligible project; (iv) the number and percentage of bridges within the same State as the eligible project that are in poor condition; (v) the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects; (vi) in the case of an eligible project of a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure maintenance backlog; (vii) geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities; and (viii) the extent to which a bridge that would be assisted with a grant— (I) is, without that assistance— (aa) at risk of falling into or remaining in poor condition; or (bb) in fair condition and at risk of falling into poor condition within the next 3 years; (II) does not meet current geometric design standards based on— (aa) the current use of the bridge; or (bb) load and traffic requirements typical of the regional corridor or local network in which the bridge is located; or (III) does not meet current seismic design standards. (B) Requirement The Secretary shall— (i) give priority to an application for an eligible project that is located within a State for which— (I) 2 or more applications for eligible projects within the State were submitted for the current fiscal year and an average of 2 or more applications for eligible projects within the State were submitted in prior fiscal years of the program; and (II) fewer than 2 grants have been awarded for eligible projects within the State under the program; (ii) during the period of fiscal years 2022 through 2026, for each State described in clause (i), select— (I) not fewer than 1 large project that the Secretary determines is justified under the evaluation under subsection (g)(4); or (II) 2 eligible projects that are not large projects that the Secretary determines are justified under the evaluation under subsection (f)(3); and (iii) not be required to award a grant for an eligible project that the Secretary does not determine is justified under an evaluation under subsection (f)(3) or (g)(4). (6) Culvert limitation Not more than 5 percent of the amounts made available for each fiscal year for grants under the program may be used for eligible projects that consist solely of culvert replacement or rehabilitation. (d) Eligible entity The Secretary may make a grant under the program to any of the following: (1) A State or a group of States. (2) A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of the Census) with a population of over 200,000. (3) A unit of local government or a group of local governments. (4) A political subdivision of a State or local government. (5) A special purpose district or public authority with a transportation function. (6) A Federal land management agency. (7) A Tribal government or a consortium of Tribal governments. (8) A multistate or multijurisdictional group of entities described in paragraphs (1) through (7). (e) Eligible project requirements The Secretary may make a grant under the program only to an eligible entity for an eligible project that— (1) in the case of a large project, the Secretary recommends for funding in the annual report on funding recommendations under subsection (g)(6); (2) is reasonably expected to begin construction not later than 18 months after the date on which funds are obligated for the project; and (3) is based on the results of preliminary engineering. (f) Competitive process and evaluation of eligible projects other than large projects (1) Competitive process (A) In general The Secretary shall— (i) for the first fiscal year for which funds are made available for obligation under the program, not later than 60 days after the date on which the template under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the date on which amounts are made available for obligation under the program, solicit grant applications for eligible projects other than large projects; and (ii) not later than 120 days after the date on which the solicitation under clause (i) expires, conduct evaluations under paragraph (3). (B) Requirements In carrying out subparagraph (A), the Secretary shall— (i) develop a template for applicants to use to summarize project needs and benefits, including benefits described in paragraph (3)(B)(i); and (ii) enable applicants to use data from the National Bridge Inventory under section 144(b) to populate templates described in clause (i), as applicable. (2) Applications 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. (3) Evaluation (A) In general Prior to providing a grant under this subsection, the Secretary shall— (i) conduct an evaluation of each eligible project for which an application is received under this subsection; and (ii) assign a quality rating to the eligible project on the basis of the evaluation under clause (i). (B) Requirements In carrying out an evaluation under subparagraph (A), the Secretary shall— (i) consider information on project benefits submitted by the applicant using the template developed under paragraph (1)(B)(i), including whether the project will generate, as determined by the Secretary— (I) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; (II) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; (III) safety benefits, including the reduction of accidents and related costs; (IV) person and freight mobility benefits, including congestion reduction and reliability improvements; (V) national or regional economic benefits; (VI) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; (VII) benefits from protection (as described in section 133(b)(9)), including improving seismic or scour protection; (VIII) environmental benefits, including wildlife connectivity; (IX) benefits to nonvehicular and public transportation users; (X) benefits of using— (aa) innovative design and construction techniques; or (bb) innovative technologies; or (XI) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; and (ii) consider whether and the extent to which the benefits, including the benefits described in clause (i), are more likely than not to outweigh the total project costs. (g) Competitive process, evaluation, and annual report for large projects (1) In general The Secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6). (2) Information required The information referred to in paragraph (1) includes— (A) all necessary information required for the Secretary to evaluate the large project; and (B) information sufficient for the Secretary to determine that— (i) the large project meets the applicable requirements under this section; and (ii) there is a reasonable likelihood that the large project will continue to meet the requirements under this section. (3) Determination; notice On making a determination that information submitted to the Secretary under paragraph (1) is sufficient, the Secretary shall provide a written notice of that determination to— (A) the eligible entity that submitted the application; (B) the Committee on Environment and Public Works of the Senate; and (C) the Committee on Transportation and Infrastructure of the House of Representatives. (4) Evaluation The Secretary may recommend a large project for funding in the annual report under paragraph (6) only if the Secretary evaluates the proposed project and determines that the project is justified because the project— (A) addresses a need to improve the condition of the bridge, as determined by the Secretary, consistent with the goals of the program under subsection (b)(2); (B) will generate, as determined by the Secretary— (i) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; (ii) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; (iii) safety benefits, including the reduction of accidents and related costs; (iv) person and freight mobility benefits, including congestion reduction and reliability improvements; (v) national or regional economic benefits; (vi) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; (vii) benefits from protection (as described in section 133(b)(9)), including improving seismic or scour protection; (viii) environmental benefits, including wildlife connectivity; (ix) benefits to nonvehicular and public transportation users; (x) benefits of using— (I) innovative design and construction techniques; or (II) innovative technologies; or (xi) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; (C) is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph (B) are expected to outweigh the project costs; (D) is supported by other Federal or non-Federal financial commitments or revenues adequate to fund ongoing maintenance and preservation; and (E) is consistent with the objectives of an applicable asset management plan of the project sponsor, including a State asset management plan under section 119(e) in the case of a project on the National Highway System that is sponsored by a State. (5) Ratings (A) In general The Secretary shall develop a methodology to evaluate and rate a large project on a 5-point scale (the points of which include high , medium-high , medium , medium-low , and low ) for each of— (i) paragraph (4)(B); (ii) paragraph (4)(C); and (iii) paragraph (4)(D). (B) Requirement To be considered justified and receive a recommendation for funding in the annual report under paragraph (6), a project shall receive a rating of not less than medium for each rating required under subparagraph (A). (6) Annual report on funding recommendations for large projects (A) In general Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report that includes— (i) a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year; (ii) the evaluation under paragraph (4) and ratings under paragraph (5) for each project referred to in clause (i); (iii) the grant amounts that the Secretary recommends providing to large projects in the next fiscal year, including— (I) scheduled payments under previously signed multiyear grant agreements under subsection (j); (II) payments for new grant agreements, including single-year grant agreements and multiyear grant agreements; and (III) a description of how amounts anticipated to be available for the program from the Highway Trust Fund for that fiscal year will be distributed; and (iv) for each project for which the Secretary recommends a new multiyear grant agreement under subsection (j), the proposed payout schedule for the project. (B) Limitations (i) In general The Secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the Highway Trust Fund unless the Secretary determines that the project can be completed using funds that are anticipated to be available from the Highway Trust Fund in future fiscal years. (ii) General fund projects The Secretary— (I) may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the Treasury; but (II) shall not execute a grant agreement for that project unless— (aa) funds other than from the Highway Trust Fund have been made available for the project; and (bb) the Secretary determines that the project can be completed using funds other than from the Highway Trust Fund that are anticipated to be available in future fiscal years. (C) Considerations In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall— (i) consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph (B); and (ii) assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the program in the last fiscal year of the period of authorization. (D) Project diversity In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall ensure diversity among projects recommended based on— (i) the amount of the grant requested; and (ii) grants for an eligible project for 1 bridge compared to an eligible project that is a bundle of projects. (h) Eligible project costs A grant received for an eligible project under the program may be used for— (1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance; and (3) expenses related to the protection (as described in section 133(b)(9)) of a bridge, including seismic or scour protection. (i) TIFIA program On the request of an eligible entity carrying out an eligible project, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide to the entity Federal credit assistance under chapter 6 with respect to the eligible project for which the grant was awarded. (j) Multiyear grant agreements for large projects (1) In general A large project that receives a grant under the program in an amount of not less than $100,000,000 may be carried out through a multiyear grant agreement in accordance with this subsection. (2) Requirements A multiyear grant agreement for a large project described in paragraph (1) shall— (A) establish the terms of participation by the Federal Government in the project; (B) establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c); (C) establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided; (D) determine the period of time for completing the project, even if that period extends beyond the period of an authorization; and (E) attempt to improve timely and efficient management of the project, consistent with all applicable Federal laws (including regulations). (3) Special financial rules (A) In general A multiyear grant agreement under this subsection— (i) shall obligate an amount of available budget authority specified in law; and (ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. (B) Statement of contingent commitment The agreement shall state that the contingent commitment is not an obligation of the Federal Government. (C) Interest and other financing costs (i) In general Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. (ii) Certification The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms. (4) Advance payment Notwithstanding any other provision of law, an eligible entity carrying out a large project under a multiyear grant agreement— (A) may use funds made available to the eligible entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation; and (B) if the eligible entity uses funds as described in subparagraph (A), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project. (k) Undertaking parts of projects in advance under letters of no prejudice (1) In general The Secretary may pay to an applicant all eligible project costs under the program, including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if— (A) before the applicant carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under the program; (B) a record of decision, a finding of no significant impact, or a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) has been issued for the eligible project; and (C) the activity is carried out without Federal assistance and in accordance with all applicable procedures and requirements. (2) Interest and other financing costs (A) In general For purposes of paragraph (1), the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs, including any interest earned and payable on bonds, to the extent interest and other financing costs are expended in carrying out the activity for the eligible project, except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing. (B) Certification The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under subparagraph (A). (3) No obligation or influence on recommendations An approval by the Secretary under paragraph (1)(A) shall not— (A) constitute an obligation of the Federal Government; or (B) alter or influence any evaluation under subsection (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary for funding under the program. (l) Federally-Owned bridges (1) Divestiture consideration In the case of a bridge owned by a Federal land management agency for which that agency applies for a grant under the program, the agency— (A) shall consider options to divest the bridge to a State or local entity after completion of the project; and (B) may apply jointly with the State or local entity to which the bridge may be divested. (2) Treatment Notwithstanding any other provision of law, section 129 shall apply to a bridge that was previously owned by a Federal land management agency and has been transferred to a non-Federal entity under paragraph (1) in the same manner as if the bridge was never federally owned. (m) Congressional notification Not later than 30 days before making a grant for an eligible project under the program, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written notification of the proposed grant that includes— (1) an evaluation and justification for the eligible project; and (2) the amount of the proposed grant. (n) Reports (1) Annual report Not later than August 1 of each fiscal year, the Secretary shall make available on the website of the Department of Transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year. (2) GAO assessment and report Not later than 3 years after the date of enactment of the Bridge Investment Act of 2021 , the Comptroller General of the United States shall— (A) conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program; and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes— (i) the adequacy and fairness of the process under which each eligible project that received a grant under the program was selected; and (ii) the justification and criteria used for the selection of each eligible project. (o) Limitation (1) Large projects Of the amounts made available out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 2022 through 2026, not less than 50 percent, in aggregate, shall be used for large projects. (2) Unutilized amounts If, in fiscal year 2026, the Secretary determines that grants under the program will not allow for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants under the program during that fiscal year. (p) Tribal transportation facility bridge set aside (1) In general Of the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year to carry out this section, the Secretary shall use, to carry out section 202(d)— (A) $16,000,000 for fiscal year 2022; (B) $18,000,000 for fiscal year 2023; (C) $20,000,000 for fiscal year 2024; (D) $22,000,000 for fiscal year 2025; and (E) $24,000,000 for fiscal year 2026. (2) Treatment For purposes of section 201, funds made available for section 202(d) under paragraph (1) shall be considered to be part of the tribal transportation program. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following: 124. Bridge investment program. . | https://www.govinfo.gov/content/pkg/BILLS-117s1817is/xml/BILLS-117s1817is.xml |
117-s-1818 | II 117th CONGRESS 1st Session S. 1818 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Hickenlooper (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to repay the credit risk premiums paid with respect to certain railroad infrastructure loans after the obligations attached to such loans have been satisfied.
1. Short title This Act may be cited as the Railroad Rehabilitation and Improvement Financing Equity Act . 2. Credit risk premiums Section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(f) ) is amended by adding at the end the following: (5) Refund of premiums The Secretary shall repay the credit risk premium of each loan in cohort 3 (as defined by the Department of Transportation’s memorandum to the Office of Management and Budget dated November 5, 2018), with interest accrued thereon, not later than 60 days after the date on which all obligations attached to each such loan have been satisfied. For each such loan for which obligations have already been satisfied, as of the date of enactment of the Railroad Rehabilitation and Improvement Financing Equity Act , the Secretary shall repay the credit risk premium of each such loan, with interest accrued thereon, not later than 60 days after the date of the enactment of such Act. . | https://www.govinfo.gov/content/pkg/BILLS-117s1818is/xml/BILLS-117s1818is.xml |
117-s-1819 | II 117th CONGRESS 1st Session S. 1819 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mrs. Feinstein (for herself, Mr. Blumenthal , Mr. Whitehouse , Mr. Casey , Mr. Schatz , Mr. Markey , Ms. Hassan , Ms. Smith , Mr. Durbin , Ms. Baldwin , Mr. Murphy , Mrs. Murray , Mr. Padilla , Mr. Leahy , Ms. Cantwell , Ms. Warren , Ms. Klobuchar , Mr. Menendez , Ms. Duckworth , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To support State, Tribal, and local efforts to remove access to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose.
1. Short title This Act may be cited as the Extreme Risk Protection Order Act of 2021 . 2. Extreme risk protection order grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a State or Indian Tribe— (i) that enacts legislation described in subsection (c); (ii) with respect to which the Attorney General determines that the legislation described in clause (i) complies with the requirements under subsection (c)(1); and (iii) that certifies to the Attorney General that the State or Indian Tribe shall— (I) use the grant for the purposes described in subsection (b)(2); and (II) allocate not less than 25 percent and not more than 70 percent of the amount received under a grant under subsection (b) for the development and dissemination of training for law enforcement officers in accordance with subsection (b)(4); or (B) a unit of local government or other public or private entity that— (i) is located in a State or in the territory under the jurisdiction of an Indian Tribe that meets the requirements described in clauses (i) and (ii) of subparagraph (A); and (ii) certifies to the Attorney General that the unit of local government or entity shall— (I) use the grant for the purposes described in subsection (b)(2); and (II) allocate not less than 25 percent and not more than 70 percent of the amount received under a grant under this section for the development and dissemination of training for law enforcement officers in accordance with subsection (b)(4). (2) Extreme risk protection order The term extreme risk protection order means a written order or warrant, issued by a State or Tribal court or signed by a magistrate (or other comparable judicial officer), the primary purpose of which is to reduce the risk of firearm-related death or injury by doing 1 or more of the following: (A) Prohibiting a named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving a firearm. (B) Having a firearm removed or requiring the surrender of firearms from a named individual. (3) Firearm The term firearm has the meaning given the term in section 921 of title 18, United States Code. (4) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 1709 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10389 ). (5) Law enforcement officer The term law enforcement officer means a public servant authorized by Federal, State, local, or Tribal law or by a Federal, State, local, or Tribal government agency to— (A) engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or (B) supervise sentenced criminal offenders. (6) Petitioner The term petitioner means an individual authorized under State or Tribal law to petition for an extreme risk protection order. (7) Respondent The term respondent means an individual named in the petition for an extreme risk protection order or subject to an extreme risk protection order. (8) 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. (9) Unit of local government The term unit of local government has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ). (b) Grant program established (1) In general The Attorney General shall establish a program under which, from amounts made available to carry out this section, the Attorney General may make grants to eligible entities to assist in carrying out the provisions of the legislation described in subsection (c). (2) Use of funds Funds awarded under this subsection may be used by an applicant to— (A) enhance the capacity of law enforcement agencies and the courts of a State, unit of local government, or Indian Tribe by providing personnel, training, technical assistance, data collection, and other resources to carry out enacted legislation described in subsection (c); (B) train judges, court personnel, health care and legal professionals, and law enforcement officers to more accurately identify individuals whose access to firearms poses a danger of causing harm to themselves or others by increasing the risk of firearms suicide or interpersonal violence; (C) develop and implement law enforcement and court protocols, forms, and orders so that law enforcement agencies and the courts may carry out the provisions of the enacted legislation described in subsection (c) in a safe, equitable, and effective manner, including through the removal and storage of firearms pursuant to extreme risk protection orders under the enacted legislation; and (D) raise public awareness and understanding of the enacted legislation described in subsection (c), including through subgrants to community-based organizations for the training of community members, so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury. (3) Application An eligible entity desiring a grant under this subsection shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require. (4) Training (A) In general A recipient of a grant under this subsection shall provide training to law enforcement officers, including officers of relevant Federal, State, local, and Tribal law enforcement agencies, in the safe, impartial, effective, and equitable use and administration of extreme risk protection orders, including training to address— (i) bias based on race and racism, ethnicity, gender, sexual orientation, gender identity, religion, language proficiency, mental health condition, disability, and classism in the use and administration of extreme risk protection orders; (ii) the appropriate use of extreme risk protection orders in cases of domestic violence, including the applicability of other policies and protocols to address domestic violence in situations that may also involve extreme risk protection orders and the necessity of safety planning with the victim before a law enforcement officer petitions for and executes an extreme risk protection order, if applicable; (iii) interacting with persons with a mental illness or emotional distress, including de-escalation and crisis intervention; and (iv) best practices for referring persons subject to extreme risk protection orders and associated victims of violence to social service providers that may be available in the jurisdiction and appropriate for those individuals, including health care, mental health, substance abuse, and legal services, employment and vocational services, housing assistance, case management, and veterans and disability benefits. (B) Consultation with experts A recipient of a grant under this subsection, in developing law enforcement training required under subparagraph (A), shall seek advice from domestic violence service providers (including culturally specific (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )) organizations), social service providers, suicide prevention advocates, violence intervention specialists, law enforcement agencies, mental health disability experts, and other community groups working to reduce suicides and violence, including domestic violence, within the State or the territory under the jurisdiction of the Indian Tribe, as applicable, that enacted the legislation described in subsection (c) that enabled the grant recipient to be an eligible entity. (5) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (c) Eligibility for extreme risk protection order grant program (1) Requirements Legislation described in this subsection is legislation that establishes requirements that are substantially similar to the following: (A) Petition for extreme risk protection order A petitioner, including a law enforcement officer, may submit a petition to a State or Tribal court, on a form designed by the court or a State or Tribal agency, that— (i) describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual; and (ii) is signed by the applicant, under oath. (B) Notice and due process The individual named in a petition for an extreme risk protection order as described in subparagraph (A) shall be given written notice of the petition and an opportunity to be heard on the matter in accordance with this paragraph. (C) Issuance of extreme risk protection orders (i) Hearing (I) In general Upon receipt of a petition described in subparagraph (A) or request of an individual named in such a petition, the court shall order a hearing to be held within a reasonable time, and not later than 30 days after the date of the petition or request. (II) Determination If the court finds at the hearing ordered under subclause (I), by a preponderance of the evidence or according to a higher evidentiary standard established by the State or Indian Tribe, that the respondent poses a danger of causing harm to self or others by having access to a firearm, the court may issue an extreme risk protection order. (ii) Duration of extreme risk protection order An extreme risk protection order shall be in effect— (I) until an order terminating or superseding the extreme risk protection order is issued; or (II) for a set period of time. (D) Ex parte extreme risk protection orders (i) In general Upon receipt of a petition described in subparagraph (A), the court may issue an ex parte extreme risk protection order, if— (I) the petition for an extreme risk protection order alleges that the respondent poses a danger of causing harm to self or others by having access to a firearm; and (II) the court finds there is probable cause to believe, or makes a finding according to a higher evidentiary standard established by the State or Indian Tribe, that the respondent poses a danger of causing harm to self or others by having access to a firearm. (ii) Duration of ex parte extreme risk protection order An ex parte extreme risk protection order shall remain in effect only until the hearing required under subparagraph (C)(i). (E) Storage of removed firearms (i) Availability for return All firearms removed or surrendered pursuant to an extreme risk protection order shall only be available for return to the named individual when the individual has regained eligibility under Federal and State law, and, where applicable, Tribal law to possess firearms. (ii) Consent required for disposal or destruction Firearms owned by a named individual may not be disposed of or destroyed during the period of the extreme risk protection order without the consent of the named individual. (F) Notification (i) In general (I) Requirement A State or Tribal court that issues an extreme risk protection order shall notify the Attorney General or the comparable State or Tribal agency, as applicable, of the order as soon as practicable or within a designated period of time. (II) Form and manner A State or Tribal court shall submit a notification under subclause (I) in an electronic format, in a manner prescribed by the Attorney General or the comparable State or Tribal agency. (ii) Update of databases As soon as practicable or within the time period designated by State or Tribal law after receiving a notification under clause (i), the Attorney General or the comparable State or Tribal agency shall ensure that the extreme risk protection order is reflected in the National Instant Criminal Background Check System. (2) Additional provisions Legislation described in this subsection may— (A) provide procedures for the termination of an extreme risk protection order; (B) provide procedures for the renewal of an extreme risk protection order; (C) establish burdens and standards of proof for issuance of orders described in paragraph (1) that are substantially similar to or higher than the burdens and standards of proof set forth in that paragraph; (D) limit the individuals who may submit a petition described in paragraph (1), provided that, at a minimum, 1 or more law enforcement officers are authorized to do so; and (E) include any other authorizations or requirements that the State or Tribal authorities determine appropriate. (3) Annual report Not later than 1 year after the date on which an eligible entity receives a grant under subsection (b), and annually thereafter for the duration of the grant period, the entity shall submit to the Attorney General a report that includes, with respect to the preceding year— (A) the number of petitions for ex parte extreme risk protection orders filed, as well as the number of such orders issued and the number denied, disaggregated by— (i) the jurisdiction; (ii) the individual authorized under State or Tribal law to petition for an extreme risk protection order, including the relationship of the individual to the respondent; and (iii) the alleged danger posed by the respondent, including whether the danger involved a risk of suicide, unintentional injury, domestic violence, or other interpersonal violence; (B) the number of petitions for extreme risk protection orders filed, as well as the number of such orders issued and the number denied, disaggregated by— (i) the jurisdiction; (ii) the individual authorized under State or Tribal law to petition for an extreme risk protection order, including the relationship of the individual to the respondent; and (iii) the alleged danger posed by the respondent, including whether the danger involved a risk of suicide, unintentional injury, domestic violence, or other interpersonal violence; (C) the number of petitions for renewals of extreme risk protection orders filed, as well as the number of such orders issued and the number denied; (D) the number of cases in which a court imposed a penalty for false reporting or frivolous petitions; (E) demographic data of petitioners, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency, if available; (F) demographic data of respondents, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency, if available; and (G) the number of firearms removed, if available. 3. Federal firearms prohibition Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (8)(B)(ii), by striking or at the end; (B) in paragraph (9), by striking the period at the end and inserting ; or ; and (C) by inserting after paragraph (9) the following: (10) is subject to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) prevents such person from possessing or receiving firearms; and (C) includes a finding that such person poses a danger of harm to self or others. ; and (2) in subsection (g)— (A) in paragraph (8)(C)(ii), by striking or at the end; (B) in paragraph (9), by striking the comma at the end and inserting ; or ; and (C) by inserting after paragraph (9) the following: (10) is subject to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) prevents such person from possessing or receiving firearms; and (C) includes a finding that such person poses a danger of harm to self or others, . 4. Identification records 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) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) acquire, collect, classify, and preserve records from Federal, Tribal, and State courts and other agencies identifying individuals subject to extreme risk protection orders, as defined in section 2(a) of the Extreme Risk Protection Order Act of 2021 ; and ; (2) in subsection (b), by striking (a)(4) and inserting (a)(5) ; and (3) by adding at the end the following: (g) Extreme risk protection orders in national crime information databases A Federal, Tribal, or State criminal justice agency or criminal or civil court may— (1) include extreme risk protection orders, as defined in section 2 of the Extreme Risk Protection Order Act of 2021 , in national crime information databases, as that term is defined in subsection (f)(3) of this section; and (2) have access to information regarding extreme risk protection orders through the national crime information databases. . 5. Conforming amendment Section 3(1) of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40903(1) ) is amended by striking section 922(g)(8) and inserting paragraph (8) or (10) of section 922(g) . 6. Full faith and credit (a) Definitions In this section, the terms extreme risk protection order , Indian Tribe , and State have the meanings given those terms in section 2(a). (b) Full faith and credit required Any extreme risk protection order issued under a State or Tribal law enacted in accordance with this Act shall be accorded the same full faith and credit by the court of another State or Indian Tribe (referred to in this subsection as the enforcing State or Indian Tribe ) and enforced by the court and law enforcement personnel of the other State or Tribal government as if it were the order of the enforcing State or Indian Tribe. (c) Applicability to extreme risk protection orders (1) In general Subsection (b) shall apply to an extreme risk protection order issued by a State or Tribal court if— (A) the court has jurisdiction over the parties and matter under the law of the State or Indian Tribe; and (B) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. (2) Ex parte extreme risk protection orders For purposes of paragraph (1)(B), in the case of an ex parte extreme risk protection order, notice and opportunity to be heard shall be provided within the time required by State or Tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the respondent. (d) Tribal court jurisdiction For purposes of this section, a court of an Indian Tribe shall have full civil jurisdiction to issue and enforce an extreme risk protection order involving any person, including the authority to enforce any order through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country (as defined in section 1151 of title 18, United States Code) of the Indian Tribe or otherwise within the authority of the Indian Tribe. 7. Severability If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected. 8. Effective date This Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1819is/xml/BILLS-117s1819is.xml |
117-s-1820 | II 117th CONGRESS 1st Session S. 1820 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Coons (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To increase the number of landlords participating in the Housing Choice Voucher program.
1. Short title This Act may be cited as the Choice in Affordable Housing Act of 2021 . 2. Definitions In this Act— (1) the term Housing Choice Voucher program means the tenant-based assistance program under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ); (2) the term Secretary means the Secretary of Housing and Urban Development; and (3) the term Tribal Housing and Urban Development-Veterans Affairs Supportive Housing program means the demonstration program established under paragraph (5) under the heading Tenant-based rental assistance under the heading Public and Indian Housing in title II of division K of the Consolidated and Further Continuing Appropriations Act, 2015 ( Public Law 113–235 ; 128 Stat. 2732) (commonly known as Tribal HUD-VASH ). 3. Findings Congress finds the following: (1) The Housing Choice Voucher program is the Federal Government's largest program helping low-income families, the elderly, and persons with disabilities to afford decent, safe, and sanitary housing in the private market. (2) The Housing Choice Voucher program is proven to have positive impacts on voucher holders, including increased housing stability, reduced homelessness, and children lifted out of poverty. (3) As a public-private partnership, the Housing Choice Voucher program relies on the willingness of private landlords to accept vouchers. (4) Landlord participation is declining in the Housing Choice Voucher program, with an average of 10,000 housing providers leaving the program each year between 2010 and 2016. (5) Landlord participation is especially lacking in high-opportunity neighborhoods that have low poverty rates and good access to quality schools, jobs, and public transportation. (6) The Secretary has conducted and continues to conduct research on landlord participation in the Housing Choice Voucher program. (7) The Moving to Work demonstration program of the Department of Housing and Urban Development has given participating public housing agencies the ability to test innovative strategies to incentivize landlords to accept vouchers. (8) Indian Tribes and tribally designated housing entities, which do not participate in the Housing Choice Voucher program, benefit from the Tribal Housing and Urban Development-Veterans Affairs Supportive Housing program, which provides rental assistance to Native American veterans who are experiencing or at risk of experiencing homelessness. 4. Sense of Congress It is the sense of Congress that the Housing Choice Voucher program should be improved to increase the number of landlords, particularly landlords with units in high-opportunity neighborhoods, who accept vouchers in order to expand housing choice and opportunity, and further fair housing. 5. Incentivizing landlord participation in Housing Choice Voucher program (a) One-Time incentive payments Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) is amended by adding at the end the following: (21) One-time incentive payments (A) Definition In this paragraph, the term eligible unit means a dwelling unit that— (i) is located in a census tract with a poverty rate of less than 20 percent; and (ii) has not previously been subject to a housing assistance payment contract under this subsection. (B) Incentive payment authority (i) In general To incentivize landlords who own dwelling units in low-poverty areas to enter into housing assistance payment contracts under this subsection, the Secretary shall provide assistance under this paragraph to public housing agencies to be used to offer a one-time payment directly to the owner of an eligible unit entering into a housing assistance payment contract with the public housing agency for the eligible unit. (ii) Amount The amount of an incentive payment made to an eligible owner under clause (i) may not exceed 200 percent of the monthly housing assistance payment made to the eligible owner for the eligible unit. (iii) Conditions permitted Subject to paragraph (7), a public housing agency may require the owner of an eligible unit, as a condition of receiving an incentive payment under clause (i), to commit to lease the eligible unit to tenants assisted under this subsection for more than 1 year. (iv) Limit The owner of an eligible unit may not receive more than 1 incentive payment under clause (i), regardless of— (I) the number of eligible units owned by the owner; or (II) the number of public housing agencies with which the owner has entered into housing assistance payment contracts. . (b) Security deposit payments Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as amended by subsection (a), is amended by adding at the end the following: (22) Security deposit payments (A) Security deposit payment authority The Secretary shall provide assistance to public housing agencies to be used to pay the owner of a dwelling unit assisted under this subsection for a security deposit, or a substantial portion thereof, on behalf of the tenant of the dwelling unit in accordance with subparagraph (B). (B) Minimum PHA requirements A public housing agency that receives assistance from the Secretary under subparagraph (A) shall administer the assistance in accordance with the following conditions: (i) The public housing agency shall pay the owners of dwelling units assisted under this subsection for a security deposit, or a substantial portion thereof, in an amount determined by the public housing agency, on behalf of the tenants of the dwelling units. (ii) In making payments to owners of dwelling units under clause (i), the public housing agency shall give priority to owners of dwelling units occupied by extremely low-income families. (iii) The owner of a dwelling unit may deduct amounts from a security deposit payment received under clause (i) to cover damages beyond normal wear and tear caused by the tenant of the dwelling unit, any member of the tenant’s household, or any guest or other person under the tenant’s control. (iv) The public housing agency shall conduct a damage claims process whereby— (I) in order to deduct amounts from a security deposit payment received under clause (i), the owner of a covered dwelling unit must submit a claim to the public housing agency with an itemized list of damages and evidence and request reimbursement; and (II) the tenant of a covered dwelling unit may refute a claim submitted under subclause (I). (v) The public housing agency shall— (I) establish an amount of repair costs for which a tenant will be responsible; and (II) notify a tenant, upon the tenant entering into a lease for a dwelling unit assisted under this subsection, of the amount described in subclause (I). (vi) The public housing agency may determine what action to take if a tenant demonstrates an inability to pay the amount of repair costs for which the tenant is responsible under clause (v). (vii) At the end of a tenant's occupancy of a dwelling unit assisted under this subsection, the landlord shall return to the public housing agency any unused amount of a security deposit payment received under clause (i). (C) Rule of construction Nothing in subparagraph (B) shall be construed to prohibit a public housing agency from establishing additional conditions for the administration of assistance received under subparagraph (A) in accordance with applicable State and local laws. . (c) Landlord liaison bonus payments Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as amended by subsection (b), is amended by adding at the end the following: (23) Landlord liaison bonus payments (A) In general Each year, the Secretary shall award 1 bonus payment to each public housing agency that employs, contracts with a service partner that employs, or demonstrates an intent to employ or contract with a service partner that employs, not less than 1 dedicated landlord liaison whose duties include, with respect to the tenant-based assistance program under subsection (o)— (i) conducting landlord outreach, recruitment, and retention; (ii) educating and training landlords regarding the program; and (iii) operating a phone hotline, online portal, monitored email address, or other mechanism designated by the Secretary for landlord questions and concerns regarding the program. (B) Demonstrating compliance The Secretary shall determine how a public housing agency may demonstrate that it offers or intends to offer a landlord liaison service for purposes of subparagraph (A). (C) Amount The Secretary shall establish an amount for the landlord liaison bonus payment authorized under subparagraph (A) that— (i) may vary by region; (ii) does not exceed the 150 percent of the average cost of employing, or contracting with a service partner that employs, such a landlord liaison, based on local market conditions; and (iii) is sufficient to incentivize public housing agencies to employ, or contact with a service partner that employs, such a landlord liaison. . (d) Housing Partnership Fund Section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) is amended by adding at the end the following: (ee) Herschel Lashkowitz Housing Partnership Fund (1) Establishment The Secretary shall establish a fund, to be known as the Herschel Lashkowitz Housing Partnership Fund , for the purpose of incentivizing landlords to participate in the tenant-based assistance program under subsection (o) in accordance with paragraph (2) of this subsection. (2) Authorized uses The Secretary shall use amounts from the Housing Partnership Fund for— (A) incentive payments under subsection (o)(21); (B) security deposit payments under subsection (o)(22); (C) landlord liaison bonus payments under subsection (o)(23); and (D) other uses, as determined by a public housing agency and approved by the Secretary, designed primarily— (i) to recruit owners of dwelling units, particularly dwelling units in census tracts with a poverty rate of less than 20 percent, to enter into housing assistance payment contracts under subsection (o); and (ii) to ensure that owners that enter into housing assistance payment contracts as described in clause (i) of this subparagraph continue to lease their dwelling units to tenants assisted under subsection (o). (3) Reports The Secretary shall require a public housing agency that receives assistance from the Herschel Lashkowitz Housing Partnership Fund to submit an annual report to the Secretary on the use of the assistance. (4) Authorization of additional appropriations There is authorized to be appropriated for deposit in the Herschel Lashkowitz Housing Partnership Fund $100,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. . 6. Tribal HUD-VASH authorization of appropriations There is authorized to be appropriated to the Secretary of Housing and Urban Development $7,000,000 for each of fiscal years 2022 through 2026 for the Tribal Housing and Urban Development-Veterans Affairs Supportive Housing program. 7. Housing quality standards (a) Satisfaction of inspection requirements through participation in other housing programs Section 8(o)(8) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(8) ), as amended by section 101(a) of the Housing Opportunity Through Modernization Act of 2016 ( Public Law 114–201 ; 130 Stat. 783), is amended by adding at the end the following: (I) Satisfaction of inspection requirements through participation in other housing programs (i) Low-income housing tax credit-financed buildings A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if— (I) the dwelling unit is in a building, the acquisition, rehabilitation, or construction of which was financed by a person who received a low-income housing tax credit under section 42 of the Internal Revenue Code of 1986 in exchange for that financing; (II) the dwelling unit was physically inspected and passed inspection as part of the low-income housing tax credit program described in subclause (I) during the preceding 12-month period; and (III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). (ii) HOME Investment Partnerships Program A dwelling shall be deemed to meet the inspection requirements under this paragraph if the dwelling unit— (I) the dwelling unit is assisted under the HOME Investment Partnerships Program under title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12721 et seq.); (II) the dwelling unit was physically inspected and passed inspection as part of the program described in subclause (I) during the preceding 12-month period; and (III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). (iii) Rural Housing Service A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if— (I) the dwelling unit is assisted by the Rural Housing Service of the Department of Agriculture; (II) the dwelling unit was physically inspected and passed inspection in connection with the assistance described in subclause (I) during the preceding 12-month period; and (III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). (iv) Rule of construction Nothing in clause (i), (ii), or (iii) shall be construed to affect the operation of a housing program described in, or authorized under a provision of law described in, that clause. . (b) Pre-Approval of units Section 8(o)(8)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(8)(A) ) is amended by adding at the end the following: (iv) Initial inspection prior to lease agreement (I) Definition In this clause, the term new landlord means an owner of a dwelling unit who has not previously entered into a housing assistance payment contract with a public housing agency under this subsection for any dwelling unit. (II) Early inspection Upon the request of a new landlord, a public housing agency may inspect the dwelling unit owned by the new landlord to determine whether the unit meets the housing quality standards under subparagraph (B) before the unit is selected by a tenant assisted under this subsection. (III) Effect An inspection conducted under subclause (II) that determines that the dwelling unit meets the housing quality standards under subparagraph (B) shall satisfy this subparagraph and subparagraph (C) if the new landlord enters into a lease agreement with a tenant assisted under this subsection not later than 60 days after the date of the inspection. (IV) Information when family is selected When a public housing agency selects a family to participate in the tenant-based assistance program under this subsection, the public housing agency shall include in the information provided to the family a list of dwelling units that have been inspected under subclause (II) and determined to meet the housing quality standards under subparagraph (B). . 8. Small area fair market rent (a) Use of small area fair market rent Section 8(o)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(1) ) is amended by adding at the end the following: (F) Small area fair market rent (i) Definitions In this subparagraph— (I) the term metropolitan area means a metropolitan statistical area, as defined by the Office of Management and Budget; and (II) the term small area fair market rent means the fair market rent established for a ZIP code area within a metropolitan area. (ii) Use of small area fair market rent Notwithstanding subsection (c) or any other provision of this subsection, not later than 3 years after the date of enactment of this subparagraph, the Secretary shall designate a number of metropolitan areas in which public housing agencies are required to use the small area fair market rent to determine the fair market rental for dwelling units for purposes of tenant-based assistance under this subsection that is not less than 3 times the number of metropolitan areas so designated in the final rule of the Secretary entitled Establishing a More Effective Fair Market Rent System; Using Small Area Fair Market Rents in the Housing Choice Voucher Program Instead of the Current 50th Percentile FMRs , published in the Federal Register on November 16, 2016 (81 Fed. Reg. 80567). (iii) Hold harmless If the application of clause (ii) would cause a decrease in the payment standard used to calculate the amount of tenant-based assistance provided to a family under this subsection, a public housing agency shall continue to use the existing higher payment standard to calculate the amount of such assistance for the family for as long as the family continues to receive such assistance in the same dwelling unit. . (b) Conforming amendment Section 8(o)(1)(B) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(1)(B) ) is amended by inserting after subsection (c) the following: (subject to subparagraph (F) of this paragraph) . 9. Section 8 Management Assessment Program (a) Definition In this section, the term Section 8 Management Assessment Program means the program set forth in part 985 of title 24, Code of Federal Regulations (or any successor regulation). (b) Deconcentration of participating dwelling units The Secretary shall explore ways to reform and modernize the Section 8 Management Assessment Program to assess public housing agencies in a manner that promotes— (1) positive interactions with landlords, including timely payment of rent and identification of the dwelling unit for which a subsidy payment is being made; and (2) an increase in the diversity of areas where dwelling units are leased to support voucher holders who want to access to low-poverty, integrated neighborhoods. (c) Rule of construction Nothing in subsection (b) shall be construed to prevent the Secretary from— (1) reforming the Section 8 Management Assessment Program to assess public housing agencies in other areas of performance; or (2) reforming the Section 8 Management Assessment Program in any other manner, at the discretion of the Secretary. 10. Annual report on effectiveness of Act (a) Definitions In this section— (1) the term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (2) the term high-opportunity area — (A) shall be defined by the Secretary for purposes of this section; and (B) does not include any census tract in which the poverty rate is equal to or greater than 20 percent. (b) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 total years, the Secretary shall submit to the appropriate congressional committees and make publicly available a report that— (1) evaluates the effectiveness of this Act and the amendments made by this Act in recruiting and retaining landlords who accept vouchers under the Housing Choice Voucher program, particularly landlords with dwelling units in high-opportunity neighborhoods; and (2) includes— (A) the number of landlords in the United States who accept housing choice vouchers under the Housing Choice Voucher program and the number of dwelling units assisted under the Housing Choice Voucher program; (B) any net changes to the number of landlords or dwelling units described in subparagraph (A) during the preceding year; (C) the number of landlords described in subparagraph (A) who own disability-accessible dwelling units assisted under the Housing Choice Voucher program and the number of those dwelling units; and (D) the number of landlords described in subparagraph (A) who own dwelling units assisted under the Housing Choice Voucher program in high-opportunity areas and the number of those dwelling units. | https://www.govinfo.gov/content/pkg/BILLS-117s1820is/xml/BILLS-117s1820is.xml |
117-s-1821 | II 117th CONGRESS 1st Session S. 1821 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Booker 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 consistent standard of health care to incarcerated individuals, and for other purposes.
1. Short title This Act may be cited as the Humane Correctional Health Care Act . 2. Repeal of Medicaid exclusion relating to incarcerated individuals (a) In general Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended, in the matter following paragraph (31), by striking such term does not include— and all that follows through patient in an institution for mental diseases and inserting such term does not include any such payments with respect to care or services for any individual who has not attained 65 years of age and who is a patient in an institution for mental diseases . (b) Conforming amendments Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (1) by striking paragraph (84); and (2) by striking subsection (nn). (c) Effective date The amendments made by this section shall apply with respect to medical assistance provided on or after January 1, 2022. 3. Report by Comptroller General Not later than the date that is 3 years after the date of enactment of this Act, and annually thereafter for each of the following 5 years, the Comptroller General of the United States shall submit to Congress a report containing the following information: (1) The percentage of incarcerated individuals that receive medical assistance under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.). (2) The access of incarcerated individuals to health care services, including specialty care, and health care providers. (3) The quality of health care services provided to incarcerated individuals. (4) Any impact of coverage under such a State plan on recidivism. (5) The percentage of incarcerated individuals who, upon release, are— (A) enrolled under such a State plan; and (B) connected to a primary care provider in their community. (6) Trends in the prevalence and incidence of illness and injury among incarcerated individuals. (7) Any other information the Comptroller General determines necessary regarding the health of incarcerated individuals. 4. Sense of Congress on incarceration and community-based health services It is the sense of Congress that— (1) no individual in the United States should be incarcerated for the purpose of being provided with health care that is unavailable to the individual in the individual’s community; (2) each State and unit of local government should establish programs that offer community-based health services (including mental health and substance use disorder services) commensurate with the principle stated in paragraph (1); and (3) Federal reimbursement for expenditures on medical assistance made available through the amendments made by this Act should not supplant an investment in community-based services. | https://www.govinfo.gov/content/pkg/BILLS-117s1821is/xml/BILLS-117s1821is.xml |
117-s-1822 | II 117th CONGRESS 1st Session S. 1822 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To direct the Secretary of Commerce to establish within the Bureau of Economic Analysis of the Department of Commerce a China Economic Data Coordination Center.
1. China Economic Data Coordination Center (a) In general The Secretary of Commerce, in coordination with the Secretary of the Treasury, shall establish within the Bureau of Economic Analysis of the Department of Commerce a China Economic Data Coordination Center (in this section referred to as the Center ). (b) Duties The Center, in coordination with the heads of other relevant Federal agencies and the private sector, shall collect and synthesize official and unofficial Chinese economic data on developments in the People's Republic of China’s financial markets and United States exposure to risks and vulnerabilities in the People's Republic of China’s financial system, including data on— (1) baseline economic statistics such as gross domestic product (GDP) and other indicators of economic health; (2) national and local government debt; (3) nonperforming loan amounts; (4) the composition of shadow banking assets; (5) the composition of the People's Republic of China’s foreign exchange reserves; (6) bank loan interest rates; (7) United States retirement accounts tied to Chinese investments; (8) the People's Republic of China’s exposure to foreign borrowers and flows of official financing for the Belt and Road Initiatve and other trade-related initiatives, including data from the Export-Import Bank of China, the China Export and Credit Insurance Corporation (Sinosure), and the China Development Bank; (9) sovereign or near-sovereign loans made by the People's Republic of China to other countries or guaranteed by sovereign entities; and (10) Chinese domestic retirement accounts and investments. (c) Briefings The Center shall provide to the appropriate congressional committees and the private sector on a biannual basis briefings on implementation of the duties of the Center. (d) Reports and public updates (1) Reports (A) In general The Center shall submit to the appropriate congressional committees on a quarterly basis a report in writing on implementation of the duties of the Center. (B) Matters to be included The reports required by subparagraph (A) shall include— (i) key findings, data, a description of the research and development activities of the affiliates of United States multinational enterprises operating in the People's Republic of China, and a description of the implications of such activities for United States production, employment, and the economy; and (ii) a description of United States industry interactions with Chinese state-owned enterprises and other state-affiliated entities and inbound Chinese investments. (2) Public updates The Center shall provide to the public on a monthly basis updates on implementation of the duties of the Center. (e) Recommendations and strategies The Secretary of the Treasury, using data collected and synthesized by the Center under subsection (b) and in consultation with the Center, shall— (1) develop recommendations and strategies for ways in which the United States can respond to potential risks and exposures within the People's Republic of China’s financial system; and (2) submit to the appropriate congressional committees a report that contains such recommendations and strategies. (f) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Energy and Commerce of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate. | https://www.govinfo.gov/content/pkg/BILLS-117s1822is/xml/BILLS-117s1822is.xml |
117-s-1823 | II 117th CONGRESS 1st Session S. 1823 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Warnock (for himself, Mr. Ossoff , Mr. Merkley , Ms. Warren , Ms. Klobuchar , Mr. Brown , Mrs. Feinstein , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications, and for other purposes.
1. Short title This Act may be cited as the Voters on the Move Registration Act of 2021 . 2. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications (a) Definitions In this section: (1) Bureau The term Bureau means the Bureau of Consumer Financial Protection. (2) Director The term Director means the Director of the Bureau. (3) Federal rental assistance The term Federal rental assistance means rental assistance provided under— (A) any covered housing program, as defined in section 41411(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a) ); (B) title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq.), including voucher assistance under section 542 of such title ( 42 U.S.C. 1490r ); (C) the Housing Trust Fund program under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4588 ); or (D) subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq.). (4) Federally backed multifamily mortgage loan The term Federally backed multifamily mortgage loan includes any loan (other than temporary financing such as a construction loan) that— (A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. (5) Owner The term owner has the meaning given the term in section 8(f) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(f) ). (6) Public housing; public housing agency The terms public housing and public housing agency have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (7) Residential mortgage loan The term residential mortgage loan includes any loan that is secured by a first or subordinate lien on residential real property, including individual units of condominiums and cooperatives, designed principally for the occupancy of from 1- to 4- families. (b) Uniform statement (1) Development The Director, after consultation with the Election Assistance Commission, shall develop a uniform statement designed to provide recipients of the statement pursuant to this section with information on how the recipient can register to vote and the voting rights of the recipient under law. (2) Responsibilities In developing the uniform statement, the Director shall be responsible for— (A) establishing the format of the statement; (B) consumer research and testing of the statement; and (C) consulting with and obtaining from the Election Assistance Commission the content regarding voter rights and registration issues needed to ensure the statement complies with the requirements of paragraph (1). (3) Languages (A) In general The uniform statement required under paragraph (1) shall be developed and made available in English and in each of the 10 languages most commonly spoken by individuals with limited English proficiency, as determined by the Director using information published by the Director of the Bureau of the Census. (B) Publication The Director shall make all translated versions of the uniform statement required under paragraph (1) publicly available in a centralized location on the website of the Bureau. (c) Leases and vouchers for Federally assisted rental housing Each Federal agency administering a Federal rental assistance program shall require— (1) each public housing agency to provide a copy of the uniform statement developed pursuant to subsection (b) to each lessee of a dwelling unit in public housing administered by the agency— (A) together with the lease for the dwelling unit, at the same time the lease signed by the lessee; and (B) together with any income verification form, at the same time the form is provided to the lessee; (2) each public housing agency that administers rental assistance under the Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), including the program under paragraph (13) of such section 8(o), to provide a copy of the uniform statement developed pursuant to subsection (b) to each assisted family or individual— (A) together with the voucher for the assistance, at the time the voucher is issued for the family or individual; and (B) together with any income verification form, at the same time the form is provided to the applicant or assisted family or individual; and (3) each owner of a dwelling unit assisted with Federal rental assistance to provide a copy of the uniform statement developed pursuant to subsection (b) to provide to the lessee of the dwelling unit— (A) together with the lease for such dwelling unit, at the same time the lease is signed by the lessee; and (B) together with any income verification form, at the same time the form is provided to the applicant or tenant. (d) Applications for residential mortgage loans The Director shall require each creditor (within the meaning of such term as used in section 1026.2(a)(17) of title 12, Code of Federal Regulations) that receives an application (within the meaning of such term as used in section 1026.2(a)(3)(ii) of title 12, Code of Federal Regulations) to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to the applicant for the residential mortgage loan not later than 5 business days after the date of the application. (e) Federally backed multifamily mortgage loans The head of the Federal agency insuring, guaranteeing, supplementing, or assisting a Federally backed multifamily mortgage loan, or the Director of the Federal Housing Finance Agency in the case of a Federally backed multifamily mortgage loan that is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association, shall require the owner of the property secured by the Federally backed multifamily mortgage loan to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to each lessee of a dwelling unit assisted by that loan at the time the lease is signed by the lessee. (f) Optional completion of voter registration Nothing in this section may be construed to require any individual to complete a voter registration form. (g) Regulations The head of a Federal agency administering a Federal rental assistance program, the head of the Federal agency insuring, guaranteeing, supplementing, or assisting a Federally backed multifamily mortgage loan, the Director of the Federal Housing Finance Agency, and the Director may issue such regulations as may be necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s1823is/xml/BILLS-117s1823is.xml |
117-s-1824 | II 117th CONGRESS 1st Session S. 1824 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Portman (for himself, Mr. Risch , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for the development and implementation of economic defense response teams.
1. Economic defense response teams (a) Pilot program Not later than 180 days after the date of the enactment of this Act, the President, acting through the Secretary of State, shall develop and implement a pilot program for the creation of deployable economic defense response teams to help provide emergency technical assistance and support to a country subjected to the threat or use of coercive economic measures and to play a liaison role between the legitimate government of that country and the United States Government. Such assistance and support may include the following activities: (1) Reducing the partner country’s vulnerability to coercive economic measures. (2) Minimizing the damage that such measures by an adversary could cause to that country. (3) Implementing any bilateral or multilateral contingency plans that may exist for responding to the threat or use of such measures. (4) In coordination with the partner country, developing or improving plans and strategies by the country for reducing vulnerabilities and improving responses to such measures in the future. (5) Assisting the partner country in dealing with foreign sovereign investment in infrastructure or related projects that may undermine the partner country’s sovereignty. (6) Assisting the partner country in responding to specific efforts from an adversary attempting to employ economic coercion that undermines the partner country’s sovereignty, including efforts in the cyber domain, such as efforts that undermine cybersecurity or digital security of the partner country or initiatives that introduce digital technologies in a manner that undermines freedom, security, and sovereignty of the partner country. (7) Otherwise providing direct and relevant short-to-medium term economic or other assistance from the United States and marshalling other resources in support of effective responses to such measures. (b) Institutional support The pilot program required by subsection (a) should include the following elements: (1) Identification and designation of relevant personnel within the United States Government with expertise relevant to the objectives specified in subsection (a), including personnel in— (A) the Department of State, for overseeing the economic defense response team’s activities, engaging with the partner country government and other stakeholders, and other purposes relevant to advancing the success of the mission of the economic defense response team; (B) the United States Agency for International Development, for the purposes of providing technical, humanitarian, and other assistance, generally; (C) the Department of the Treasury, for the purposes of providing advisory support and assistance on all financial matters and fiscal implications of the crisis at hand; (D) the Department of Commerce, for the purposes of providing economic analysis and assistance in market development relevant to the partner country’s response to the crisis at hand, technology security as appropriate, and other matters that may be relevant; (E) the Department of Energy, for the purposes of providing advisory services and technical assistance with respect to energy needs as affected by the crisis at hand; (F) the Department of Homeland Security, for the purposes of providing assistance with respect to digital and cybersecurity matters, and assisting in the development of any contingency plans referred to in paragraphs (3) and (6) of subsection (a) as appropriate; (G) the Department of Agriculture, for providing advisory and other assistance with respect to responding to coercive measures such as arbitrary market closures that affect the partner country’s agricultural sector; (H) the Office of the United States Trade Representative with respect to providing support and guidance on trade and investment matters; and (I) other Federal departments and agencies as determined by the President. (2) Negotiation of memoranda of understanding, where appropriate, with other United States Government components for the provision of any relevant participating or detailed non-Department of State personnel identified under paragraph (1). (3) Negotiation of contracts, as appropriate, with private sector representatives or other individuals with relevant expertise to advance the objectives specified in subsection (a). (4) Development within the United States Government of— (A) appropriate training curricula for relevant experts identified under paragraph (1) and for United States diplomatic personnel in a country actually or potentially threatened by coercive economic measures; (B) operational procedures and appropriate protocols for the rapid assembly of such experts into one or more teams for deployment to a country actually or potentially threatened by coercive economic measures; and (C) procedures for ensuring appropriate support for such teams when serving in a country actually or potentially threatened by coercive economic measures, including, as applicable, logistical assistance, office space, information support, and communications. (5) Negotiation with relevant potential host countries of procedures and methods for ensuring the rapid and effective deployment of such teams, and the establishment of appropriate liaison relationships with local public and private sector officials and entities. (c) Reports required (1) Report on establishment Upon establishment of the pilot program required by subsection (a), the Secretary of State shall provide the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with a detailed report and briefing describing the pilot program, the major elements of the program, the personnel and institutions involved, and the degree to which the program incorporates the elements described in subsection (a). (2) Follow-up report Not later than one year after the report required by paragraph (1), the Secretary of State shall provide the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with a detailed report and briefing describing the operations over the previous year of the pilot program established pursuant to subsection (a), as well as the Secretary’s assessment of its performance and suitability for becoming a permanent program. (3) Form Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex. (d) Declaration of an economic crisis required (1) Notification The President may activate an economic defense response team for a period of 180 days under the authorities of this section to assist a partner country in responding to an unusual and extraordinary economic coercive threat by an adversary of the United States upon the declaration of a coercive economic emergency, together with notification to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Extension authority The President may activate the response team for an additional 180 days upon the submission of a detailed analysis to the committees described in paragraph (1) justifying why the continued deployment of the economic defense response team in response to the economic emergency is in the national security interest of the United States. (e) Sunset The authorities provided under this section shall expire on December 31, 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1824is/xml/BILLS-117s1824is.xml |
117-s-1825 | II 117th CONGRESS 1st Session S. 1825 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Blumenthal (for himself, Mr. Murphy , Mr. Durbin , Mr. Markey , Ms. Warren , Mr. Coons , Mr. Casey , Mr. Wyden , Mr. Reed , Mr. Van Hollen , Mr. Menendez , Mr. Carper , Mrs. Feinstein , Mr. Padilla , Ms. Baldwin , Mr. Whitehouse , Mr. Brown , Ms. Duckworth , Mr. Booker , Ms. Klobuchar , Mrs. Gillibrand , and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes.
1. Short title This Act may be cited as the Safe Gun Storage Act of 2021 . 2. Consumer product safety standards for firearm locks and firearm safes (a) In general The Consumer Product Safety Act ( 15 U.S.C. 2051 et seq.) is amended by adding at the end the following: 43. Consumer product safety standards for firearm locks and firearm safes (a) Establishment of standards (1) Rulemaking required (A) Rulemaking proceeding Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish— (i) a consumer product safety standard for firearm locks; and (ii) a consumer product safety standard for firearm safes. (B) Final rule Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate final consumer product safety standards under this paragraph within 12 months after the date on which the Commission initiates the rulemaking proceeding under subparagraph (A). (C) Effective date Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. (2) Requirements for firearm lock standard The standard for firearm locks promulgated under paragraph (1) shall require firearm locks that— (A) are sufficiently difficult for an unauthorized user to de-activate or remove; and (B) prevent the discharge of the firearm unless the firearm lock has been de-activated or removed. (3) Requirements for firearm safe standard The standard for firearm safes promulgated under paragraph (1) shall require firearm safes that reliably secure firearms from unauthorized users, and include reliable security features, quality, and construction to reliably prevent unauthorized users from gaining access to a firearm by damaging or physically manipulating the safe. (b) Certain provisions not To apply (1) Provisions of this Act Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). (2) Chapter 5 of title 5 Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. (3) Chapter 6 of title 5 Chapter 6 of title 5, United States Code, does not apply to this section. (4) National Environmental Policy Act The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) does not apply to this section. (c) No effect on State law Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard. (d) Enforcement Notwithstanding subsection (b)(1), the consumer product safety standards promulgated by the Commission under subsection (a)(1) shall be enforced under this Act as if such standards were consumer product safety standards described in section 7(a). (e) Definitions In this section: (1) Firearm The term firearm has the meaning given the term in section 921(a) of title 18, United States Code. (2) Firearm lock The term firearm lock means any disabling or locking device that is not built into the firearm at the time of manufacture and that is designed to prevent the firearm from being discharged unless the device has been deactivated or removed. (3) Firearm safe The term firearm safe means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means. . (b) Conforming amendment Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: Sec. 43. Consumer product safety standards for firearm locks and firearm safes. . 3. Authorization of appropriations There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act , as added by section 1, such sums to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s1825is/xml/BILLS-117s1825is.xml |
117-s-1826 | II 117th CONGRESS 1st Session S. 1826 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mr. Menendez (for himself, Mr. Portman , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes.
1. Short title This Act may be cited as the Preventing Lead Poisoning Act of 2021 . 2. Requiring a State child health plan to include coverage of screening blood lead tests; codification of requirement under Medicaid (a) CHIP (1) In general Section 2103 of the Social Security Act ( 42 U.S.C. 1397cc ) is amended— (A) in subsection (a), in the matter preceding paragraph (1), by striking paragraphs (5), (6), (7) and (8) and inserting paragraphs (5) through (12) ; and (B) in subsection (c), by adding at the end the following: (12) Coverage of screening blood lead tests (A) In general The child health assistance provided to a targeted low-income child shall include coverage of screening blood lead tests appropriate for age and risk factors and at the times and in the amounts specified in subparagraph (B). (B) Specified times and amounts The times and amounts specified in this subparagraph are, with respect to coverage of screening blood lead tests and a targeted low-income child, the following: (i) 1 screening blood lead test at the age of 12 months; (ii) 1 screening blood lead test at the age of 24 months; (iii) in the case of a targeted low-income child with no record of any screening blood lead test having been performed and who is between the ages of 24 months and 72 months, 1 screening blood lead test; and (iv) in the case of any targeted low-income child, 1 or more screening blood lead tests at other such times as are recommended by the child's health care provider. . (2) Reporting requirements (A) In general Section 2108 of such Act ( 42 U.S.C. 1397hh ) is amended— (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children’s Health Insurance Program Reauthorization Act of 2009 ( Public Law 111–3 , 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act ( Public Law 111–3 , 123 Stat. 82), the following: (8) (A) The number of children provided a screening blood lead test appropriate for age and risk factors in accordance with paragraph (12) of section 2103(c), at the times and in the amounts specified in subparagraph (B) of such paragraph. (B) The number of screening blood lead tests conducted in the State in the fiscal year for all children eligible for child health assistance up to 72 months of age, without regard to the payor or source of funding for such screening blood lead tests. . (B) Technical amendment Section 4302(b)(1)(B) of Public Law 111–148 is amended by inserting , as added by section 402(a) of Public Law 111–3 , after ( 42 U.S.C. 1397hh(e) ) . (3) Effective date (A) In general Subject to subparagraphs (B) and (C), the amendments made by this subsection shall take effect with respect to child health assistance provided on or after the date that is 1 year after the date of the enactment of this Act. (B) Exception for State legislation In the case of a State child health plan under title XXI of the Social Security Act (or a waiver of such plan), which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan (or waiver) to meet any requirement imposed by the amendments made by this subsection, the respective plan (or waiver) shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, 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. (C) Technical amendment The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111–148 . (b) Medicaid (1) Specified times for screening blood lead tests Section 1905(r) of the Social Security Act ( 42 U.S.C. 1396d(r) ) is amended— (A) in paragraph (1)(B)(iv), by inserting and at the times and in the amounts specified in paragraph (6) after factors ; and (B) by inserting after paragraph (5) the following: (6) The times and amounts specified in this paragraph are, with respect to coverage of screening blood lead tests and an individual, the following: (A) 1 screening blood lead test at the age of 12 months; (B) 1 screening blood lead test at the age of 24 months; (C) in the case of an individual with no record of any screening blood lead test having been performed and who is between the ages of 24 months and 72 months, 1 screening blood lead test; and (D) in the case of any individual who is eligible under the plan and is under the age of 21, 1 or more screening blood lead tests at other such times as are recommended by the individual's health care provider. . (2) Reporting requirements Section 1902(a)(43)(D) of such Act ( 42 U.S.C. 1396a(a)(43)(D) ) is amended— (A) in clause (iii), by striking section 2108(e) and and inserting section 2108(e), ; (B) in clause (iv), by striking the semicolon and inserting , and ; and (C) by inserting after clause (iv) the following: (v) (I) the number of children provided a screening blood lead test appropriate for age and risk factors in accordance with paragraph (1)(B)(iv) of section 1905(r), at the times and in the amounts specified in paragraph (6) of such section, and (II) the number of screening blood lead tests conducted in the State in the fiscal year for all children eligible for medical assistance up to 72 months of age, without regard to the payor or source of funding for such screening blood lead tests; . (c) Clarification None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. 3. Grants for lead poisoning related activities Section 317O of the Public Health Service Act ( 42 U.S.C. 247b–16 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; (2) by inserting after subsection (b) the following: (c) Grants for purposes of State coordination For purposes of supporting State coordination of operations and activities as described in subsection (b), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award additional grants to States receiving amounts under subsection (a) to support the following activities in such States: (1) Development or maintenance of a State-based registry of data related to blood lead testing of children up to 6 years of age, which includes data on the number of children up 72 months of age tested for lead, the prevalence of confirmed elevated blood lead levels in tested children less than 6 years of age, and the insurance status of children tested for lead at less than 6 years of age. (2) Development or maintenance of data-linking capabilities between the State health department and State Medicaid office with respect to blood lead testing for children up to 72 months of age. (3) Regular reporting, as defined by the Secretary, of blood lead testing data for children up to 72 months of age regardless of the payor or source of funding for such blood lead testing. (d) Best practices The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ; and (3) in subsection (f), as so redesignated, by striking such sums as may be necessary for each of the fiscal years 2001 through 2005 and inserting $5,000,000 for each of fiscal years 2022 and 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s1826is/xml/BILLS-117s1826is.xml |
117-s-1827 | II 117th CONGRESS 1st Session S. 1827 IN THE SENATE OF THE UNITED STATES May 25, 2021 Mrs. Gillibrand (for herself, Mr. Durbin , Ms. Klobuchar , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish an expansive infrastructure program to create local jobs and raise the quality of life in every community, to launch middle class career pathways in infrastructure, and to invest in high-quality American jobs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Build Local, Hire Local Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Creating jobs and raising the quality of life in every community Subtitle A—Creating local jobs across the country Sec. 111. Targeted hiring requirements for construction jobs created by covered infrastructure programs. Sec. 112. Compliance with court orders. Subtitle B—Rebuilding our infrastructure with American business Sec. 121. Definitions. Sec. 122. Increasing meaningful small business participation. Sec. 123. Requiring meaningful participation from targeted businesses. Sec. 124. Compliance with court orders. Sec. 125. Expansion of Small Business Administration Surety Bond Program. Subtitle C—Encouraging the use of U.S. Employment Plans and Best-Value contracting analysis Sec. 131. Creating a best-value analysis for Federal expenditures on infrastructure, use of U.S. Employment Plans, and preferences for registered apprenticeship programs and neutrality in union organizing. Subtitle D—Improving safety, connectivity, and access to better opportunities Sec. 141. Accessibility data program. Sec. 142. Establishment of performance measures for transportation accessibility. Sec. 143. Technical assistance program. Sec. 144. Connect Communities Program. TITLE II—Launching middle class career pathways in infrastructure Sec. 201. Building American Infrastructure and Careers Program. Sec. 202. Infrastructure workforce equity capacity building program. Sec. 203. Authorization of appropriations. TITLE III—Investing in high-quality American jobs Sec. 301. Wage rate. Sec. 302. Raise labor standards, improve working conditions, and strengthen workers’ bargaining power. Sec. 303. Buy America Bureau. 2. Findings Congress finds that— (1) infrastructure plays a vital role in the lives of all people in the United States; (2) the aging infrastructure of the United States is in need of a significant investment to repair, rebuild, and modernize, and in the process, the Federal Government can take necessary steps to address economic and racial injustices that have limited opportunities for far too many people of the United States; (3) decades of disinvestment and exclusionary policies have isolated many people of color, low-income people, and disabled individuals in the United States from opportunity across the urban centers, deindustrialized cities, rural regions, and Tribal areas of the United States, including horribly inadequate investment to ensure universal access to clean air and water, safe and reliable transportation, affordable housing, quality living wage jobs, high-speed internet, modernized schools, and parks and community facilities; (4) while the construction of the National Highway System remains one of the most transformative achievements in the history of the United States, it came at the expense of many low-income communities as well as minority neighborhoods of all income levels that were destroyed by the construction and isolated from the broader community and from economic opportunity; (5) investing in repairing, rebuilding, and modernizing the infrastructure of the United States presents an opportunity to learn from the mistakes of the past and reimagine how communities can design and build infrastructure to be more equitable, helping to address structural inequities faced by marginalized communities nationwide, including a lack of good paying jobs, affordable, accessible, and inclusive housing, decaying roads, bridges, and schools, inadequate access to technology, and exposure to toxic emissions and poisoned water; (6) accessibility to quality infrastructure, training, and jobs is an issue across the United States, spanning from rural and Tribal areas to urban and suburban areas; (7) transportation infrastructure has a significant impact on access to jobs, education, healthcare, healthy foods, and other essential services; (8) accessibility to essential services is defined not only by speed, but also by ease of access, which includes the ability to safely and conveniently access services by all modes of travel; (9) with a shortage of construction firms that are ready and able to take on the large-scale infrastructure projects the United States demands, the close to 478,000 specialty trade contractors in smaller minority, women, and disadvantaged businesses could be supported to meet this demand; (10) small businesses and under-represented contractors, including minority-, women-, veteran-owned businesses, and businesses owned by disabled individuals should have the opportunity to rebuild their communities and employ hardworking people of the United States along the way; (11) as of 2018, about ¼ of the infrastructure workforce is projected to retire or permanently leave their jobs over the next decade, compounding the infrastructure crisis in the United States; (12) as of 2019, the Board of Governors of the Federal Reserve System finds that skilled trades and many occupations that do not require a 4-year degree are not considered to be at significant risk of automation; (13) infrastructure jobs include a wide range of employment opportunities in both the public and private sectors, including design, manufacturing, construction, operation, governance, and maintenance of infrastructure assets in the United States; (14) more than 1 in 10 jobs in the United States is a transportation- or infrastructure-related job; (15) many infrastructure jobs provide competitive wages with low barriers to entry, many of which require on-the-job training in lieu of formal 4-year degree higher education programs; (16) in spite of rising income inequality, infrastructure jobs paid approximately 30 percent more to low income individuals than other occupations in 2018; (17) women, people of color, and particularly women of color are underrepresented in construction jobs; (18) while women across all occupations currently make up about 50 percent of the workforce, women in construction and extraction occupations has hovered around 3 percent for the last 3 decades; (19) while Black Americans make up about 12 percent of the overall workforce, Black Americans only represent 7 percent of construction and extraction occupations; (20) by focusing on improving workforce development systems through targeted employment strategies, the Federal Government can improve the quality of future projects and better ensure that all communities benefit from investments that— (A) protect workers; (B) expand opportunities for advancement; (C) establish strong labor standards; and (D) redress discriminatory policies that have unfairly burdened low-income communities and communities of color with pollution and geographic isolation; and (21) the Federal Government should make concerted efforts to close the workforce gap, through coordination with States and units of local government, workforce development agencies, national and regional nonprofit intermediaries, labor organizations, and institutions of higher education and other educational institutions, including historically Black colleges and universities and Hispanic-serving institutions, to recruit, train, and retain the next generation of infrastructure workers in the United States, with a focus on— (A) achieving gender, ethnic, racial, and ability diversity; and (B) recruiting and training individuals from communities with high unemployment rates, including African-American communities, Hispanic communities, Indian Tribes, the disabled community, and the LGBTQ community. 3. Definitions In this Act: (1) Covered infrastructure program The term covered infrastructure program means any of the following: (A) Direct and guaranteed loans and grants under section 306(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a) ). (B) Distance learning and telemedicine grants under section 2333 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 950aaa–2 ). (C) Broadband loans and loan guarantees under title IV of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb et seq.). (D) The community connect grant program established under title III of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations, 2004 ( Public Law 108–199 ; 118 Stat. 29). (E) Solid waste management grants under section 310B(b) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(b) ). (F) A program or project carried out under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq.). (G) Financial assistance for development, implementation, or modification of a State energy conservation plan under section 363 of the Energy Policy and Conservation Act ( 42 U.S.C. 6323 ). (H) State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq.). (I) State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ). (J) Grants for construction of health centers provided by the Secretary of Health and Human Services. (K) Grants for construction, renovation, or repair of non-Federal research facilities provided by the Director of the National Institutes of Health. (L) The public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135 ). (M) Assistance provided under the Public Housing Capital Fund established under section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ). (N) The community development block grant program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq.). (O) The Indian housing block grant program under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ). (P) The rural water supply program under section 103 of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2402 ). (Q) Financial assistance provided under the Water Infrastructure Finance and Innovation Act ( 33 U.S.C. 3901 et seq.). (R) Assistance provided under title 23, United States Code. (S) Assistance provided under chapter 53 of title 49, United States Code. (T) Programs for civil works projects, including water resources projects, under the jurisdiction of the Corps of Engineers. (U) Assistance provided for a freight or passenger rail project under subtitle V of title 49, United States Code. (V) Assistance provided for an airport development project under chapter 471 of title 49, United States Code. (W) Assistance for an environmental cleanup project under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.). (X) Assistance provided under section 7007 and 7008 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707 , 7708). (Y) Mutual and self-help housing assistance provided under section 523 of the Housing Act of 1949 ( 42 U.S.C. 1490c ). (Z) Site development loans provided under section 524 of the Housing Act of 1949 ( 42 U.S.C. 1490d ). (AA) Loan guarantees for rural rental housing provided under section 538 of the Housing Act of 1949 ( 42 U.S.C. 1490p–2 ). (BB) Assistance provided by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ). (CC) Grants awarded from the Capital Magnet Fund established under section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4569 ). (DD) Assistance provided under the Connect America Fund of the Federal Communications Commission under subpart D of part 54 of title 47, Code of Federal Regulations (or a successor regulation). (EE) The Connect Communities Program under section 144. (FF) Any similar program, as determined by the Director of the Office of Management and Budget, in consultation with the heads of the relevant Federal agencies. (2) Disabled individual The term disabled individual means an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )). (3) Head of the relevant Federal agency The term head of the relevant Federal agency means the head of a Federal department or agency that administers or has jurisdiction over a covered infrastructure program. (4) Local workforce development board The term local workforce development board has the meaning given the term local board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (5) Registered apprenticeship program The term registered apprenticeship program has the meaning given the term in section 3131(e)(3)(B) of the Internal Revenue Code of 1986. (6) State workforce development board The term State workforce development board has the meaning given the term State board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (7) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. I Creating jobs and raising the quality of life in every community A Creating local jobs across the country 111. Targeted hiring requirements for construction jobs created by covered infrastructure programs (a) Definition of local (1) In general In this section, the term local , with respect to hiring for a project, means hiring within the geographical boundaries of the area in which the project is located, as determined by the recipient of assistance under a covered infrastructure program, in coordination with the head of the relevant Federal agency, subject to the requirement that the geographical area shall— (A) include high-poverty, high-unemployment zip codes; and (B) be the size of a county, multi-county, statewide, or multi-State region. (2) Savings provision Nothing in paragraph (1) prohibits interstate hiring. (b) Requirement (1) In general Notwithstanding any other provision of law and to the maximum extent practicable, except to the extent that the head of the relevant Federal agency determines otherwise, in the case of any construction project carried out under a covered infrastructure program, the head of the relevant Federal agency shall ensure that, of the workers hired for the project (including workers hired for related maintenance, service, or operations activities for the project), the applicable percentage described in paragraph (2) are hired through local hiring, in partnership with a registered apprenticeship program, if applicable, or with a State workforce development board or local workforce development board, if applicable. (2) Applicable percentage The applicable percentage referred to in paragraph (1) is— (A) for fiscal year 2022, 10 percent; (B) for fiscal year 2023, 20 percent; (C) for fiscal year 2024, 30 percent; (D) for fiscal year 2025, 40 percent; and (E) for fiscal year 2026 and each fiscal year thereafter, 50 percent. (c) Priority In carrying out subsection (b), the head of the relevant Federal agency shall ensure that the entity carrying out the project gives priority to— (1) individuals with a barrier to employment (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), including ex-offenders and disabled individuals; (2) veterans; and (3) individuals that represent populations that are traditionally underrepresented in the infrastructure workforce, such as women and racial and ethnic minorities. (d) Reports and oversight (1) In general Not less frequently than annually, the Secretary of Labor, in consultation with the heads of the relevant Federal agencies, shall— (A) submit to Congress a report on the implementation of this section; and (B) make the report under subparagraph (A), including any related data, publicly available on the internet. (2) GAO review Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall— (A) carry out a review of the implementation of this section to determine compliance with this section; and (B) submit to Congress a report on the results of the review under subparagraph (A), including any suggestions or recommendations for legislative, regulatory, or other changes to improve the implementation of this section or compliance with this section. 112. Compliance with court orders Nothing in this subtitle limits the eligibility of an individual or entity to receive assistance made available under a covered infrastructure program if the individual or entity is prevented, in whole or in part, from complying with section 111(b) because a Federal court issues a final order in which the court finds that a requirement or the implementation of that section is unconstitutional. B Rebuilding our infrastructure with American business 121. Definitions In this subtitle: (1) Owned and controlled The term owned and controlled , with respect to a business, means— (A) ownership of at least 51 percent of the business, or in the case of any publicly owned business, ownership of at least 51 percent of the stock; and (B) control of the management and daily business operations of the business. (2) Small business concern (A) In general The term small business concern means a small business concern (within the meaning of section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) )). (B) Exclusions The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $23,980,000, as adjusted annually by the head of the relevant Federal agency for inflation. (3) Socially or economically disadvantaged individual The term socially or economically disadvantaged individual means any socially and economically disadvantaged individuals within the meaning of section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) and relevant subcontracting regulations issued pursuant to that Act. 122. Increasing meaningful small business participation (a) In general Except to the extent that the head of the relevant Federal agency determines otherwise— (1) not less than the percentage described in subsection (b) for the applicable fiscal year of the amounts made available for each covered infrastructure program shall be expended through small business concerns; and (2) not less than the percentage described in subsection (b) for the applicable fiscal year of the total number of projects that receive assistance under each covered infrastructure program shall be subcontracted through a small business concern. (b) Percentage described The percentage referred to in each of paragraphs (1) and (2) of subsection (a) is— (1) for fiscal year 2022, 6 percent; (2) for fiscal year 2023, 12 percent; (3) for fiscal year 2024, 19 percent; (4) for fiscal year 2025, 26 percent; and (5) for fiscal year 2026 and each fiscal year thereafter, 33 percent. (c) Report Not less frequently than once each fiscal year, the Administrator of the Small Business Administration, in consultation with the heads of the relevant Federal agencies, shall submit to Congress a report on the implementation of subsection (a). 123. Requiring meaningful participation from targeted businesses (a) Purpose The purpose of this section is to ensure that businesses with fewer than 10 employees, which are Main Street businesses that anchor neighborhoods and help families build wealth, have opportunities to participate in projects carried out under covered infrastructure programs. (b) Requirement Except to the extent that the head of the relevant Federal agency determines otherwise, not less than the percentage described in subsection (c) for the applicable fiscal year of the amounts made available for a covered infrastructure program shall be expended through businesses with fewer than 10 employees. (c) Percentage described The percentage referred to in subsection (b) is— (1) for fiscal year 2022, 6 percent; (2) for fiscal year 2023, 12 percent; (3) for fiscal year 2024, 18 percent; (4) for fiscal year 2025, 24 percent; and (5) for fiscal year 2026 and each fiscal year thereafter, 30 percent. (d) Report Not less frequently than once each fiscal year, the Secretary of Commerce, in consultation with the Administrator of the Small Business Administration and the heads of the relevant Federal agencies, shall submit to Congress a report on the implementation of subsection (b). 124. Compliance with court orders Nothing in this subtitle limits the eligibility of an individual or entity to receive assistance made available under a covered infrastructure program if the individual or entity is prevented, in whole or in part, from complying with section 122(a) or 123(b), as applicable, because a Federal court issues a final order in which the court finds that a requirement or the implementation of section 122(a) or 123(b), as applicable, is unconstitutional. 125. Expansion of Small Business Administration surety bond program Section 411(a)(1)(A) of the Small Business Investment Act of 1958 ( 15 U.S.C. 694b(a)(1)(A) ) is amended by striking $6,500,000 and inserting $10,000,000 . C Encouraging the use of U.S. Employment Plans and best-Value contracting analysis 131. Creating a best-value analysis for Federal expenditures on infrastructure, use of U.S. Employment Plans, and preferences for registered apprenticeship programs and neutrality in union organizing (a) Definitions In this section: (1) Commitment to high-quality career and business opportunities The term commitment to high-quality career and business opportunities means participation in a registered apprenticeship program. (2) U.S. Employment Plan The term U.S. Employment Plan means a plan under which an entity receiving Federal assistance for a project under a covered infrastructure program shall— (A) include in a request for proposal an encouragement for bidders to include, with respect to the project— (i) high-quality wage, benefit, and training commitments by the bidder and the supply chain of the bidder for the project; and (ii) a commitment to recruit and hire individuals described in section 111(c) if the project results in the hiring of employees not currently or previously employed by the bidder and the supply chain of the bidder for the project; (B) give preference for the award of the contract to a bidder that includes the commitments described in clauses (i) and (ii) of subparagraph (A); and (C) ensure that each bidder that includes the commitments described in clauses (i) and (ii) of subparagraph (A) that is awarded a contract complies with those commitments. (b) Best-Value framework To the maximum extent practicable, a recipient of assistance under a covered infrastructure program is encouraged— (1) to ensure that each dollar invested in infrastructure uses a best-value contracting framework to maximize the local value of federally funded contracts by evaluating bids on price and other criteria prioritized in the bid, such as— (A) equity; (B) environmental and climate justice; (C) impact on greenhouse gas emissions; (D) resilience; (E) the results of a 40-year life-cycle analysis; (F) safety; (G) commitment to creating or sustaining high-quality job opportunities affiliated with registered apprenticeship programs for disadvantaged or underrepresented individuals in infrastructure industries in the United States; and (H) access to jobs and essential services by all modes of travel for all users, including disabled individuals; (2) in evaluating bids, to give at least equal weight to the criteria described in paragraph (1) as to past performance; and (3) to ensure community engagement, transparency, and accountability in carrying out each stage of the project. (c) Preference for registered apprenticeship programs To the maximum extent practicable, a recipient of assistance under a covered infrastructure program, with respect to the project for which the assistance is received, shall give preference to a bidder that demonstrates a commitment to high-quality job opportunities affiliated with registered apprenticeship programs. (d) Preference for neutrality in union organizing Notwithstanding any other provision of law, the head of each relevant Federal agency, in consultation with the Secretary of Labor, shall give preference in providing assistance under a covered infrastructure program to an entity that commits to giving preference in awarding contracts and subcontracts for projects carried out with that assistance to bidders that have an explicit neutrality policy on any issue involving the organization of employees for purposes of collective bargaining. (e) Use of U.S. Employment Plan Notwithstanding any other provision of law, in carrying out a project under a covered infrastructure program, each entity that receives Federal assistance shall use a U.S. Employment Plan for each contract of $5,000,000 or more for the purchase of manufactured goods or of services, based on an independent cost estimate. (f) Report Not less frequently than once each fiscal year, the heads of the relevant Federal agencies shall jointly submit to Congress a report describing the implementation of this section. (g) Intent of Congress (1) In general It is the intent of Congress— (A) to encourage recipients of Federal assistance under covered infrastructure programs to use a best-value contracting framework described in subsection (b)(1) for the purchase of goods and services; (B) to encourage recipients of Federal assistance under covered infrastructure programs to use preferences for registered apprenticeship programs and neutrality in union organizing as described in subsections (c) and (d) when evaluating bids for projects using that assistance; (C) to require that recipients of Federal assistance under covered infrastructure programs use the U.S. Employment Plan in carrying out the project for which the assistance was provided; and (D) that full and open competition under covered infrastructure programs means a procedural competition that prevents corruption, favoritism, and unfair treatment by recipient agencies. (2) Inclusion A best-value contracting framework described in subsection (b)(1) is a framework that authorizes a recipient of Federal assistance under a covered infrastructure program, in awarding contracts, to evaluate a range of factors, including price, the quality of products, the quality of services, and commitments to the creation of good jobs for all people in the United States. D Improving safety, connectivity, and access to better opportunities 141. Accessibility data program (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the Secretary ) shall carry out an accessibility data program (referred to in this section as the program ). (b) Purpose The purpose of the program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the program to improve the transportation planning of those eligible entities by— (1) measuring the level of access by multiple transportation modes to important destinations, which may include— (A) jobs, including areas with a concentration of available jobs; (B) health care facilities; (C) child care services; (D) educational and workforce training facilities; (E) affordable and accessible housing; (F) food sources; and (G) connections between modes, including connections to— (i) high-quality transit or rail service; (ii) safe bicycling corridors; and (iii) safe sidewalks that achieve compliance with applicable requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); (2) disaggregating the level of access by multiple transportation modes by a variety of population categories, which may include— (A) low-income populations; (B) minority populations; (C) age; (D) disability; and (E) geographical location; and (3) assessing the change in accessibility that would result from new transportation investments. (c) Eligible entities An entity eligible to participate in the program is— (1) a State (as defined in section 101(a) of title 23, United States Code); (2) a metropolitan planning organization; or (3) a rural planning organization. (d) Application To be eligible to participate in 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 information relating to— (1) previous experience of the eligible entity measuring transportation access or other performance management experience; (2) the types of important destinations to which the eligible entity intends to measure access; (3) the types of data disaggregation the eligible entity intends to pursue; and (4) a general description of the methodology the eligible entity intends to apply. (e) Selection The Secretary shall seek to achieve diversity of participants in the program, including— (1) by selecting a range of eligible entities that shall include not less than— (A) 5 States; (B) 10 metropolitan planning organizations, of which— (i) 5 shall each serve an area with a population of not more than 200,000 people; and (ii) 5 shall each serve an area with a population of 200,000 or more people; and (C) 5 rural planning organizations; and (2) among the eligible entities selected under paragraph (1)— (A) a range of capacity and previous experience with measuring transportation access; and (B) a variety of proposed methodologies and focus areas for measuring level access. (f) Duties For each eligible entity participating in the program, the Secretary shall— (1) develop or acquire an accessibility data set described in subsection (b); and (2) submit the data set to the eligible entity. (g) Methodology In calculating the measures for the data set under the program, the Secretary shall ensure that methodology is open source. (h) Availability The Secretary shall make an accessibility data set under the program available to— (1) units of local government within the jurisdiction of the eligible entity participating in the program; and (2) researchers. (i) Report Not later than 120 days after the last date on which the Secretary submits data sets to the eligible entity under subsection (f), the Secretary shall submit to Congress a report on the results of the program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities. (j) Public availability of data The Secretary may make publicly available on the internet the data sets and the report under subsection (i). (k) Funding The Secretary shall carry out the program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. 142. Establishment of performance measures for transportation accessibility (a) Connectivity and accessibility performance measures Section 150 of title 23, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (1), by inserting and in the case of paragraph (7), not later than 3 years after the date of enactment of the Build Local, Hire Local Act , after MAP–21, ; and (B) by adding at the end the following: (7) Multimodal transportation connectivity and accessibility (A) Definition of disadvantaged population In this paragraph, the term disadvantaged population means a low-income population, a minority population, or people with disabilities, as determined by the Secretary. (B) Regulations The Secretary shall issue such regulations as are necessary to establish performance measures relating to transportation connectivity and accessibility for States, metropolitan planning organizations, and units of local government to improve the connectivity and accessibility of roadways, public transportation infrastructure, pedestrian and bikeway infrastructure, and other transportation infrastructure. (C) Inclusions The performance measures established pursuant to subparagraph (B) shall include measures to assess— (i) with respect to the general population serviced by a transportation system— (I) the change in cumulative access to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; (II) multimodal choice and enhanced interconnections among modes— (aa) to offer variety of choice between and among modes; (bb) to provide accessible and reliable transportation for all users; and (cc) to encourage travel demand management among local and statewide employers; and (III) any other issues the Secretary determines to be appropriate; and (ii) with respect to disadvantaged populations serviced by a transportation system— (I) transportation accessibility for disadvantaged populations; (II) change in cumulative accessibility for disadvantaged populations to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; and (III) any other issues the Secretary determines to be appropriate. ; (2) in subsection (d)(1), by striking and (6) and inserting (6), and (7) ; and (3) by adding at the end the following: (f) Report on multimodal transportation connectivity and accessibility Not less frequently than annually— (1) each State, metropolitan planning organization, and unit of local government shall submit to the Secretary the progress of that entity toward achieving the performance measures under subsection (c)(7); and (2) the Secretary shall— (A) submit to Congress a report that includes the results of the reporting under paragraph (1); and (B) make publicly available on the internet the report under subparagraph (A) and any accompanying data. . (b) Highway metropolitan planning coordination Section 134(h)(2)(B) of title 23, United States Code, is amended by adding at the end the following: (iii) Multimodal transportation accessibility performance targets Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with the relevant State, local transportation planning agencies, and providers of public transportation to ensure consistency with section 150(c)(7). . (c) Public transportation metropolitan planning coordination Section 5303(h)(2)(B) of title 49, United States Code, is amended by adding at the end the following: (iii) Multimodal transportation accessibility performance targets Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with the relevant State, local transportation planning agencies, and providers of public transportation to ensure consistency with section 150(c)(7) of title 23. . 143. Technical assistance program (a) In general The Secretary of Transportation (referred to in this section as the Secretary ), in coordination with the Administrator of the Federal Highway Administration, the Administrator of the Federal Transit Administration, the Secretary of Housing and Urban Development, and the Secretary of Agriculture shall establish a program (referred to in this section as the program ) to provide technical assistance to local communities adjacent to planned or existing transportation infrastructure projects to explore design and policy approaches to create connected, economically prosperous, and environmentally and physically healthy communities that— (1) avoid displacement of the current population; and (2) maximize high-quality jobs in the United States that pay family-sustaining wages. (b) Purposes The purposes of the program are— (1) to identify innovative solutions to infrastructure challenges, including reconnecting communities that— (A) are bifurcated by infrastructure such as highways or viaducts; (B) lack safe, reliable, and affordable transportation choices; or (C) have been disconnected due to natural disasters, in particular, communities in areas that are being harmed the most by climate change; and (2) to inform the transportation planning and project life cycle by actively encouraging community input and feedback. (c) Application To be eligible to receive technical assistance under the program, a local community described in subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the community team that will participate in the program, which shall consist of— (A) elected officials; (B) senior transportation professionals; (C) State workforce development boards or local workforce development boards; and (D) a cross-section of residents of the local community; (2) a description of a neighborhood infrastructure challenge, including all modes and users of transportation, in the local community that limits access to social or economic centers or other essential services; (3) an explanation of the goals the local community aims to achieve with assistance under the program; and (4) letters of support from the applicable State department of transportation and other entities, such as community groups, transit agencies, port authorities, metropolitan planning organizations, and political subdivisions of State and local governments. (d) Priority In selecting local communities to participate in the program, the Secretary shall give priority to a local community that is economically disadvantaged. (e) Technical assistance The Secretary shall provide to a local community that is selected to participate in the program— (1) technical assistance to inform, prepare, and enable the local community to better engage in— (A) Federal transportation planning; (B) programming and planning to improve resiliency and environmental sustainability and reduce greenhouse gas emissions; (C) the environmental review process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); (D) life-cycle analysis of a prospective project; (E) Federal assistance programs; and (F) policies that maximize the creation of high-quality jobs in the United States; and (2) technical expertise through representatives from regional and national design, architecture, engineering, and planning firms and public, private, and nonprofit land use professionals. (f) Funding The Secretary shall use not less than 10 percent of the amounts made available to carry out section 144 for each fiscal year to carry out the program. 144. Connect Communities Program (a) Establishment (1) In general The Secretary of Transportation (referred to in this section as the Secretary ), in coordination with the Administrator of the Federal Highway Administration, the Administrator of the Federal Transit Administration, the Secretary of Housing and Urban Development, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture shall carry out a competitive grant program to be known as the Connect Communities Program (referred to in this section as the program ) to provide grants for projects to create connected, economically prosperous, and environmentally and physically healthy communities in— (A) areas that are economically disadvantaged, including areas that have experienced levels of poverty of 20 percent or more, high levels of outmigration, and high levels of deindustrialization; (B) areas that currently lack accessible and affordable transportation options in terms of— (i) lack of access to jobs and services; and (ii) lack of physical accessibility; (C) neighborhoods bifurcated by large-scale infrastructure projects; or (D) areas that have been negatively impacted by climate change. (2) Goals The goals of the program are— (A) to reduce the cost of construction, operations, and maintenance of arterial highways; (B) to demonstrate the social, economic, and environmental benefits that result from replacing a grade-separated facility with an at-grade boulevard; (C) to improve neighborhood connectivity, including the re-establishment of through streets eliminated as a result of the construction of the grade-separated facility; (D) to increase the total acreage of land within the project corridor returned to productive use, including commercial, residential, recreational, and habitat restoration uses; (E) to improve the resiliency and reduce the environmental impact of existing infrastructure assets; and (F) to increase the connectivity of disadvantaged communities to economic opportunity. (b) Eligibility (1) Eligible entities An entity eligible to receive a grant under the program is— (A) a State (as defined in section 101(a) of title 23, United States Code) or any other territory or possession of the United States; (B) an Indian Tribe; (C) a unit of local government; (D) a political subdivision of a State or local government; (E) a transit agency; (F) a metropolitan planning organization; (G) a nonprofit organization, including a community mission-based organization; (H) a community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 )); (I) a special purpose district or public authority with a transportation function, including a port authority; (J) a Federal land management agency that applies jointly with a State or group of States; or (K) a multistate or multijurisdictional group of entities described in subparagraphs (A) through (J). (2) Eligible projects A project eligible to be carried out with funds from a grant provided under the program is— (A) a project for community-based redevelopment, rehabilitation, or replacement of infrastructure, including— (i) the removal of a limited access highway, a viaduct or overpass, an Interstate route, an interchange, a bridge, or any other principal arterial facility that has— (I) historically had detrimental effects on minority and low-income communities; or (II) created barriers to community connectivity due to high speeds, grade separations or other design factors; and (ii) if necessary to achieve the purposes of the program, road realignment or new construction; (B) a project to prevent the displacement of minority or low-income individuals or businesses during and after redevelopment, rehabilitation, or replacement of infrastructure; (C) a project for transit-oriented development in a low-income area or that benefits low-income individuals that includes 1 or more of— (i) transit-supportive, accessible, mixed-use development (including commercial development, affordable and accessible housing, and market-rate housing) that is within 2 miles of and accessible to 1 or more public transportation facilities that— (I) achieve compliance with— (aa) applicable requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); and (bb) the most recent public rights-of-way accessibility guidelines developed by the Architectural and Transportation Barriers Compliance Board established by section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) ); and (II) are connected with high frequency to job centers; (ii) the facilitation of multimodal connectivity and accessibility to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; and (iii) an increase in access to transit hubs for pedestrian and bicycle traffic; (D) a public transportation project eligible for assistance under chapter 53 of title 49, United States Code, that will achieve the purposes of the program, including— (i) an investment in intermodal projects; and (ii) a new fixed guideway capital project or a small start project (as those terms are defined in section 5309(a) of title 49, United States Code), if a grant under the program will expedite the completion of the project and the entry into revenue service of the project; (E) a passenger rail transportation project that achieves the purpose of the program; (F) a project to improve the resiliency of infrastructure against natural disasters; (G) a project to reduce the environmental impact of existing infrastructure assets; (H) a project to bring a community into compliance with the performance measures established under section 150(c)(7) of title 23, United States Code; and (I) any other project that the Secretary determines would achieve the purpose of the program. (3) Eligible areas An eligible project under paragraph (2) shall be carried out in an area or neighborhood described in subparagraphs (A) through (D) of subsection (a)(1). (c) Applications (1) In general To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) a project plan developed with assistance under section 143 or independently, as applicable; (B) a description of how the project meets the criteria described in subsection (d); (C) a certification that the eligible entity has solicited public comments on the project plan that includes— (i) a certification that the eligible entity has held 2 or more public hearings, at least 1 of which was held outside of standard business hours in a location that was open and accessible to the community in which the proposed project is located; (ii) a description of the process for receiving public comments, including involvement of residents and stakeholders in the community in which the project will occur; (iii) a summary of the comments received; and (iv) such other information as the Secretary may require; (D) a description of how the grant would be used and the current status of project planning; (E) a description of how the project will address the purposes of the program, including plans to avoid displacement of current residents in the project area; (F) a description of how the eligible entity will prioritize the well-being and advancement of disadvantaged populations through the project and as an outcome of the project; (G) an assessment of— (i) the accessibility of employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers, within the area to public transportation facilities and nearby affordable housing; and (ii) how the proposed project will relate to identified needs in those areas; (H) an assessment of transportation options in the area, including— (i) public transportation options; (ii) options for people with low incomes, people living in high-poverty areas, elderly people, and people with disabilities; and (iii) any obstacles to providing access to locations that offer employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; (I) an assessment of methods for lowering the combined cost of housing and transportation for families in the region, particularly for families that utilize workforce housing and for low-, very low-, and extremely low-income families; (J) an assessment of how the project will revitalize existing communities, including— (i) the approximate number of jobs the project will create; (ii) the services the project will deliver to workers and the community; and (iii) any antidisplacement efforts that will be included in the project; (K) a plan for evaluating progress in increasing opportunities for and improvements to the quality of life for disadvantaged populations and the broader community in which the project is completed; and (L) information about the status of applicable Federal environmental reviews and approvals for the project, including reviews and approvals under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (2) Multiple projects An eligible entity may submit an application for multiple projects in 1 application. (3) Definition of workforce housing For the purpose of paragraph (1)(I), the term workforce housing means housing, the cost of which does not exceed 30 percent of— (A) the amount equal to 120 percent of the median income in the area, as determined by the Secretary, with appropriate adjustments for the size of the family; or (B) if the Secretary determines that there are unusually high or low incomes in the area, another amount, as determined by the Secretary. (d) Selection (1) In general The Secretary shall select projects to receive grants under the program based on— (A) how the project will contribute to a state of good repair for infrastructure assets; (B) how the project would increase economic competitiveness, including the effects of revitalizing communities, neighborhoods, and commercial centers supported by existing infrastructure; (C) how the project will support environmental protection, including resiliency, by increasing demand for nonmotorized transportation and public transportation; (D) how or whether the project will prevent residents in the area from being forcibly or unwillingly displaced; (E) the anticipated effects on quality of life for all residents in the project area; (F) whether the project uses innovative strategies, including innovative technologies, innovative project delivery, or innovative financing; (G) the extent to which the project— (i) is supported by a broad range of stakeholders; (ii) demonstrates collaboration among neighboring and regional jurisdictions; and (iii) is coordinated with projects with similar objectives, such as projects for economic development, housing, water and waste infrastructure, power and electric infrastructure, broadband, and land use plans and policies; (H) how the project will increase non-Federal revenue for transportation infrastructure investment; (I) demonstrated project readiness, including use of technical assistance under section 143; and (J) the costs and benefits of the project. (2) Priority The Secretary shall give priority to projects that have been developed under the technical assistance program under section 143. (e) Distribution of grants (1) In general In providing grants under the program, the Secretary shall ensure— (A) an equitable geographic distribution of funds; and (B) an appropriate balance in addressing the needs of urban, suburban, rural, and Tribal communities. (2) Limitation For each fiscal year, the Secretary shall ensure that the total amount of funds provided through grants under the program for each State is not more than $150,000,000. (f) Amount of grant (1) In general Except as provided in paragraph (2) and subject to subsection (e)(2), a grant provided under the program shall be in an amount that is not less than $5,000,000. (2) Rural and Tribal areas In the case of a project in a rural area (as defined in section 101(a) of title 23, United States Code), or in a Tribal area, a grant provided under the program shall be in an amount that is not less than $1,000,000. (g) Use of funds (1) In general Subject to paragraph (2), an eligible entity that receives a grant under the program may use the grant funds for— (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; and (B) construction, reconstruction, rehabilitation, replacement, acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment. (2) Limitation Not more than 20 percent of the amount of the grant may be used for the activities described in paragraph (1)(A). (h) Federal share (1) In general Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent. (2) Hardship areas The Federal share of the cost of a project carried out with a grant under the program may be up to 100 percent if the Secretary identifies the area in which the project will be carried out as a hardship area, as determined by the Secretary. (i) TIFIA program On the request of an eligible entity, the Secretary may use 5 percent of the grant for the purpose of paying the subsidy and administrative costs necessary to provide Federal credit assistance under chapter 6 of title 23, United States Code, for the project. (j) Standards Notwithstanding any other provision of law, a project carried out with a grant under the program shall not be subject to the traffic volume requirements under section 109(b) of title 23, United States Code. (k) Performance measures (1) In general For each year until the project is completed, each eligible entity that receives a grant under the program shall agree to establish, in coordination with the Secretary, performance measures and reporting requirements in addition to measures and requirements under this section that shall be met at the end of each year in which the eligible entity receives funds under the grant program. (2) Violation of grant agreement If the Secretary determines that an eligible entity has not met the performance measures established under paragraph (1), is not making reasonable progress toward meeting those measures, or is otherwise in violation of the grant agreement, the Secretary may— (A) withhold additional financial assistance until the performance measures are met; or (B) terminate the grant agreement. (l) Community Advisory Board (1) In general For each project carried out with a grant under the program, the eligible entity shall form a community advisory board. (2) Composition A community advisory board shall be composed of representatives of— (A) the relevant State and units of local government; (B) the relevant State workforce development board or local workforce development board; (C) relevant metropolitan planning organizations; (D) labor organizations; (E) residents or organizational representation of the area in which the project is occurring; and (F) any other relevant representatives important to the implementation of the project, such as a county board of developmental disabilities, as determined by the eligible entity, in coordination with the Secretary. (3) Duties A community advisory board shall, with respect to the applicable project— (A) ensure community engagement, transparency, and accountability in carrying out each stage of the project; and (B) track, evaluate, and report progress on clear and meaningful indicators related to— (i) targeted hiring commitments; (ii) quality wage, benefits, and training commitments; (iii) goals for participation by small businesses and businesses in accordance with section 123(b) in the project; (iv) progress made on the objectives of the program as described in subsection (a); and (v) any other relevant areas, as determined by the eligible entity, in coordination with the Secretary. (4) Stipend The eligible entity may provide a stipend to representatives on the community advisory board based on the expressed need of representatives, on approval by the Secretary. (m) Reports (1) In general Not less frequently than once each year, each eligible entity that receives a grant under the program, in coordination with the applicable community advisory board under subsection (l), shall submit to the Secretary periodic reports on the use of the grant funds. (2) Contents A periodic report under paragraph (1) shall include— (A) the amount of Federal funds received, obligated, and expended by the eligible entity under the program; (B) the number of projects that have been put out to bid using the grant funds and the amount of Federal funds associated with each project; (C) the number of projects for which contracts have been awarded for the project carried out under the program and the amount of Federal funds associated with the contracts; (D) the number of projects for which work has begun under the contracts referred to in subparagraph (C) and the amount of Federal funds associated with the contracts; (E) the number of projects for which work has been completed under the contracts referred to in subparagraph (C) and the amount of Federal funds associated with the contracts; (F) the number of direct, on-project jobs created or sustained by the Federal funds provided for projects under the program and, to the extent possible, the estimated indirect jobs created or sustained in the associated supplying industries, including— (i) the number of job-years created and the total increase in employment in the project area since the date of enactment of this Act; and (ii) information on local hiring, hiring of economically disadvantaged individuals, and hiring of individuals with a barrier to employment (including ex-offenders) and disabled individuals, with respect to the project; (G) an analysis of the contracts awarded that indicates participation levels of small businesses and disadvantaged businesses; (H) suggestions for improvements in transportation accessibility for disadvantaged populations, based on criteria developed by the Secretary; and (I) any other criteria the Secretary determines to be appropriate. (3) Report to Congress Each fiscal year, the Secretary shall transmit to Congress the reports received by the Secretary under paragraph (1). (4) GAO report on infrastructure removals Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on infrastructure removal, including— (A) an identification of examples of projects to remove infrastructure using assistance from a covered infrastructure program; (B) an evaluation of the effect of infrastructure removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people; (C) an analysis of the costs and benefits of removing underutilized infrastructure assets that are nearing the end of the useful life of the assets compared to replacing or reconstructing the assets; and (D) recommendations for integrating the findings and results under subparagraphs (A) through (C) into infrastructure planning and decisionmaking processes. (n) Funding There is authorized to be appropriated to carry out the program $5,000,000,000 for each of fiscal years 2022 through 2026. II Launching middle class career pathways in infrastructure 201. Building American Infrastructure and Careers Program (a) Definitions (1) WIOA definitions In this section— (A) the terms career pathway , community-based organization , individual with a barrier to employment , industry or sector partnership , integrated education and training , recognized postsecondary credential , and workforce development system have the meanings given those terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (B) the term postsecondary educational institution has the meaning given the term in section 203 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3272 ). (2) Other definitions In this section: (A) 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 ). (B) Eligible entity The term eligible entity means— (i) a local workforce development board; (ii) a State workforce development board; (iii) an industry or sector partnership, which may be led by any member of such partnership, including— (I) a community-based organization; (II) a recognized State labor organization, central labor council, or another labor representative, as appropriate; or (III) an education or training provider; or (iv) any combination of entities described in any of clauses (i) through (iii). (C) Secretary The term Secretary means the Secretary of Labor. (D) Supportive services The term supportive services means services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this Act or under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq.). (E) Targeted infrastructure industry The term targeted infrastructure industry means an infrastructure industry, including transportation (including surface, transit, aviation, or railway transportation), construction, energy, water, information technology, or utilities industries, that the eligible entity identifies in accordance with subsection (c)(2)(A). (F) Work-based learning program The term work-based learning program means a program that provides workers with paid work experience and corresponding classroom instruction, delivered in an employment relationship that both the business and worker intend to be permanent. (b) Establishment of Building American Infrastructure and Careers program (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, the Administrator of the Environmental Protection Agency, and the Chief of Engineers of the Army Corps of Engineers, shall establish a program, to be known as the Building American Infrastructure and Careers Program , to provide grants under paragraph (2) to eligible entities for the purposes of— (A) promoting careers and quality employment practices in targeted infrastructure industries among individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industries; (B) leveraging the existing capacity of workforce development systems through demonstrated partnerships to strategically facilitate and align quality training, including industry or sector partnerships, registered apprenticeship programs, and pre-apprenticeship programs affiliated with registered apprenticeship programs, and hiring that create a pipeline of qualified workers; and (C) advancing efficiency and performance on projects in targeted infrastructure industries. (2) Grants (A) In general The Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, the Administrator of the Environmental Protection Agency, and the Chief of Engineers of the Army Corps of Engineers, shall award grants on a competitive basis to eligible entities that submit an application meeting the requirements under subsection (c) for such eligible entities to, subject to subparagraph (E), carry out a job training program including the activities described in subsection (d) for assisting individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, in obtaining and maintaining employment in a targeted infrastructure industry. (B) Types of grants A grant awarded under this section may be in the form of— (i) an implementation grant, for entities seeking an initial grant under this section, in order for such entity to establish and carry out a job training program described in subparagraph (A); or (ii) a renewal grant for entities that have already received an implementation grant under this section for such a job training program, in order for such entity to continue carrying out such job training program. (C) Duration Each grant awarded under this section shall be for a period not to exceed 3 years. (D) Amount The amount of a grant awarded under this section may not exceed— (i) for an implementation grant, $2,500,000; and (ii) for a renewal grant, $1,500,000. (E) Construction industry Notwithstanding any other provision in this section, if the targeted infrastructure industry for a grant awarded under this section is the construction industry, the grant shall only be available for the establishment or operation of a pre-apprenticeship program affiliated with a registered apprenticeship program. (3) Award basis (A) Geographic diversity The Secretary shall award grants under this section in a manner that ensures geographic diversity in the areas in which activities will be carried out under the grants, including a balance between rural and tribal areas and urban areas. (B) Priority for targeted hiring or U.S. employment plan projects In awarding grants under this section, the Secretary shall give priority to eligible entities that— (i) ensure that not less than 50 percent of the workers hired to participate in the job training program are hired through local hiring in accordance with section 111, including by prioritizing individuals with a barrier to employment (including ex-offenders), disabled individuals, veterans, and individuals that represent populations that are traditionally underrepresented in the infrastructure workforce; or (ii) ensure the commitments described in clauses (i) and (ii) of section 131(a)(2)(A) with respect to carrying out the job training program. (C) Priority for renewal grants In awarding renewal grants under this section, the Secretary shall give priority to eligible entities that demonstrate long-term sustainability of an industry or sector partnership. (c) Application process (1) In general An eligible 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 may reasonably require, including the contents described in paragraph (2). (2) Contents An application submitted under paragraph (1) shall contain, at a minimum— (A) an identification of the targeted infrastructure industry to be served by the job training program supported by a grant under this section; (B) a description of the individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, that will be served by such program, including— (i) an analysis of the labor market in the targeted infrastructure industry; (ii) a description of the barriers to employment that may affect such individuals; and (iii) a description of strategies that the program will employ to help such individuals overcome such barriers; (C) a description of the credentials that the program will assist such individuals in obtaining, which credentials— (i) shall be nationally portable; (ii) shall be recognized postsecondary credentials or, if not available for the industry, other credentials determined by the Secretary to be appropriate; and (iii) shall be related to the targeted infrastructure industry; and (D) a description of the services described in subsection (d)(3) that the program will offer to such individuals. (d) Activities (1) In general Each job training program supported under this section— (A) shall include— (i) activities designed to achieve the strategic objectives described in paragraph (2); and (ii) the services described in paragraph (3) for individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry; and (B) may include a partnership between the eligible entity and an employer to assist such employer in carrying out a work-based learning program, including a registered apprenticeship program or a pre-apprenticeship program affiliated with a registered apprenticeship program. (2) Strategic objectives The strategic objectives described in this paragraph are the following: (A) (i) Recruiting key stakeholders in the targeted infrastructure industry, which stakeholders may include employers, labor organizations, local workforce development boards, and education and training providers, including providers of career and technical education. (ii) Regularly convening such stakeholders in a collaborative manner that supports the sharing of information, ideas, and challenges, which are common to the targeted infrastructure industry. (B) Identifying the training needs of employers in the targeted infrastructure industry, including— (i) needs for skills critical to competitiveness and innovation in such industry; (ii) needs of registered apprenticeship programs, pre-apprenticeship programs affiliated with registered apprenticeship programs, or other work-based learning programs that may be supported by a grant under this section; and (iii) needs for the alignment of a job training program supported under this section with career pathways. (C) Facilitating actions, through industry or sector partnerships, registered apprenticeship programs, or pre-apprenticeship programs affiliated with registered apprenticeship programs, that lead to economies of scale by aggregating training and education needs of multiple employers in the targeted infrastructure industry. (D) Assisting postsecondary educational institutions, training institutions, sponsors of registered apprenticeship programs, and all other providers of career and technical education and training programs that may be receiving assistance under this section, align curricula, entrance requirements, and programs to the targeted infrastructure industry needs and the credentials described in subsection (c)(2)(C), particularly for high-skill, high-priority occupations related to the targeted infrastructure industry. (E) Providing information on the activities carried out through the job training program supported under this section to the State agency carrying out the State program under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.), including staff of the agency that provide services under such Act, to enable the agency to inform recipients of unemployment compensation of the employment and training opportunities that may be offered through such job training program supported under this section. (F) Assisting employers in the targeted infrastructure industry to attract potential workers from a diverse jobseeker base, including individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, by identifying any such barriers, reasons for such underrepresentation, or related issues for veterans through analysis of the labor market in the targeted infrastructure industry and implementing strategies to help such individuals overcome such barriers, reduce such underrepresentation, and address such issues. (3) Services (A) In general Each job training program supported by a grant under this section shall provide services to individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, which may include— (i) pre-employment services as described in subparagraph (B); and (ii) employment services as described in subparagraph (C). (B) Pre-employment services The pre-employment services described in this subparagraph may include— (i) skills training, including career and technical education, and integrated education and training, with respect to the targeted infrastructure industry; (ii) initial assessments of such individuals; (iii) services to provide work attire and necessary tools for a work site in the targeted infrastructure industry; (iv) supportive services, such as child care and transportation; (v) mentoring services; and (vi) job placement assistance. (C) Employment services The employment services described in this subparagraph are services provided to individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, and that are employed in a work-based learning program in the targeted infrastructure industry. A job training program supported by a grant under this section shall provide such services to such individuals during their first 6 months of employment through such program, to assure the individuals succeed in the program. Such services may include— (i) ongoing case management and services, including the services described in subparagraph (B); (ii) continued skills training, including career and technical education, integrated education and training, and soft-skills training such as problem solving and leadership training, conducted in collaboration with the employers of such individuals; (iii) additional mentorship and retention supports for such individuals; and (iv) targeted training for the employer participating in the work-based learning program, including for frontline managers, journey level workers (such as mentors) working with individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, and human resource representatives of the employer. (e) Evaluations (1) In general Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, the Administrator of the Environmental Protection Agency, and the Chief of Engineers of the Army Corps of Engineers, shall prepare and submit a report to Congress that evaluates the effectiveness of the grants awarded under this section in advancing the strategic objectives described in subsection (d)(2), and the purposes described in subsection (b)(1). (2) Data The report required under paragraph (1) shall provide and analyze each of the following: (A) The number of participants in job training programs supported under this section, disaggregated by age, race or ethnicity, gender, status as an individual with a barrier to employment, and income. (B) The percentage of such participants who were in unsubsidized employment prior to enrolling in such program. (C) The median earnings of such participants prior to enrolling in such program. (D) The percentage of such participants who are in unsubsidized employment during the second quarter after exit from such program and salary statistics of such participants, including mean and median earnings. (E) The percentage of such participants who are in unsubsidized employment during the fourth quarter after exit from such program and the salary statistics of such participants, including mean and median earnings. (F) The percentage of such participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent, during participation in or within 1 year after exit from such program. (G) The percentage of such participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment. 202. Infrastructure workforce equity capacity building program (a) Definitions In this section: (1) Eligible entity The term eligible entity means an entity that— (A) has an affiliate network in not less than 3 communities and across not less than 2 States; (B) has the programmatic capability to serve individuals with a barrier to employment or individuals who are traditionally underrepresented in infrastructure industries; (C) has clearly and convincingly demonstrated that it has the capacity to provide technical assistance to entities carrying out job training programs under section 201; and (D) submits an application in accordance with subsection (c). (2) Individual with a barrier to employment The term individual with a barrier to employment has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (3) Secretary The term Secretary means the Secretary of Labor. (b) Capacity building program The Secretary shall reserve 10 percent of the amounts appropriated under section 203 to award grants, contracts, or other agreements or arrangements as the Secretary determines appropriate, to eligible entities for the purpose of building the capacity of entities receiving a grant under section 201 to implement the activities described in subsection (d) of such section to more effectively serve individuals with a barrier to employment, including ex-offenders, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry served through the job training program supported under such section 201. (c) Application An entity seeking an award under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Use of Funds An award made under this section may be used to provide technical assistance to entities receiving a grant under section 201 in order for such entities to carry out the activities described in subsection (d) of that section. Such technical assistance may include assistance with— (1) the development and training of staff; (2) the provision of outreach, intake, assessments, and service delivery; (3) the coordination of services across providers and programs; and (4) the development of performance accountability measures. (e) Amount The amount of a grant awarded under this section may not exceed $5,000,000. (f) Report An eligible entity receiving a grant under this section shall, not later than 6 months after the grant is awarded, submit to the Secretary a report that includes— (1) a description of the impact of the technical assistance provided under this section on the outcomes of grants under section 201; and (2) such other criteria as determined by the Secretary. 203. Authorization of appropriations There is authorized to be appropriated to carry out this title $1,000,000,000 for each of fiscal years 2022 through 2026. III Investing in high-quality American jobs 301. Wage rate (a) Davis-Bacon Act (1) In general Notwithstanding any other provision of law, for fiscal year 2022 and each fiscal year thereafter, all laborers and mechanics employed by contractors or subcontractors on projects assisted in whole or in part under a covered infrastructure program, including projects described in paragraph (3) assisted in whole or in part under such programs, without regard to the form or type of Federal assistance provided under such program, shall be paid wages at rates not less than those prevailing on projects 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 (commonly known as the Davis-Bacon Act ). (2) Authority With respect to the labor standards specified in paragraph (1), 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. (3) Revolving loan funds A project described in this paragraph is a project, in the case of a covered infrastructure program that capitalizes revolving loan funds, that is assisted in whole or in part with amounts deposited in the revolving loan fund, including loan repayments and interest earned. (b) Service employees (1) In general Notwithstanding any other provision of law, for fiscal year 2022 and each fiscal year thereafter, all service employees who are not covered under subsection (a) shall be paid a wage and fringe benefits that are not less than the minimum wage and fringe benefits determined in accordance with paragraphs (1) and (2), respectively, of section 6703 of title 41, United States Code. (2) Definition of service employee In this subsection, the term service employee — (A) means an individual employed by a contractor or subcontractor in the performance of a project that is assisted in whole or in part under a covered infrastructure program, without regard to the form or type of Federal assistance provided under such program, and that the principal purpose of which is to furnish services in the United States; (B) includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor; but (C) does not include an individual employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations. (3) Authority With respect to paragraphs (1) and (2), the Secretary of Labor shall have the authority and functions set forth in chapter 67 of title 41, United States Code. 302. Raise labor standards, improve working conditions, and strengthen workers’ bargaining power (a) Definitions In this section— (1) the term covered award means an award of not less than $500,000 made to an entity under a covered infrastructure program by the head of the relevant Federal agency; and (2) the term covered subaward means a subaward of not less than $500,000 made to an entity under a covered infrastructure program by another entity receiving a covered award. (b) Required pre-Grant, loan, or contract award actions (1) Disclosures The head of a relevant Federal agency shall require an entity applying for a covered award— (A) to represent, to the best of the entity's knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the entity in the preceding 3 years for violations of— (i) the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.); (ii) the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.); (iii) the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq.); (iv) the National Labor Relations Act ( 29 U.S.C. 151 et seq.); (v) subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ); (vi) chapter 67 of title 41, United States Code (commonly known as the Service Contract Act ); (vii) Executive Order 11246 ( 42 U.S.C. 2000e note; relating to equal employment opportunity), including any amendment to such Executive order; (viii) section 503 of the Rehabilitation Act of 1973 ( 29 U.S.C. 793 ); (ix) section 4212 of title 38, United States Code; (x) the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq.); (xi) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.); (xii) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); (xiii) the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq.); (xiv) Executive Order 13658 (79 Fed. Reg. 9851; relating to establishing a minimum wage for contractors); (xv) subsection (h) of this section; or (xvi) equivalent State laws, as defined in guidance issued by the Secretary of Labor; and (2) to require any applicant for a covered subaward from the entity— (A) to represent to the best of the applicant's knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the applicant in the preceding 3 years for violations of any of the labor laws listed in paragraph (1); and (B) to update such information not less than every 6 months for the duration of the covered subaward. (c) Pre-Award Corrective Measures The head of a relevant Federal agency shall, prior to awarding a covered award, provide an entity that makes a disclosure under subsection (b)(1) an opportunity to report any steps taken to correct a violation of or improve compliance with the labor laws listed in subsection (b)(1), including any agreements entered into by the entity with an enforcement agency. (d) Disclosure of violations (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish a website that— (A) is available to the public at no cost; (B) indicates each violation disclosed under subsection (b) or (e)(1) with respect to an entity applying for, or receiving, a covered award or covered subaward until such violation is corrected and the entity is in compliance with all labor laws listed in subsection (b)(1); and (C) is designed to enable interested parties to easily identify entities applying for, or receiving, covered awards or covered subawards that are in violation of any labor laws listed in subsection (b)(1) and steps taken by such entities to correct the violations or improve compliance with such laws. (2) Fulfilling reporting requirements The Secretary of Labor, in consultation with the Director of the Office of Management and Budget and the heads of the relevant Federal agencies, shall include on the website established under paragraph (1) the ability for all entities that apply for or receive covered awards or covered subawards to fulfill reporting requirements under this section. (3) Agency cooperation The heads of the relevant Federal agencies shall provide the Secretary of Labor with the data necessary to maintain the website established under paragraph (1). (e) Post-Award grant, loan, or contract actions (1) Information updates The head of a relevant Federal agency shall require each entity receiving a covered award or covered subaward to, not later than once every 6 months, update the information provided under paragraph (1) or (2), as applicable, of subsection (b). (2) Corrective actions (A) Entity awarded assistance The head of a relevant Federal agency, in consultation with the Labor Compliance Advisor designated by such head under subsection (f) and in coordination with the heads of the other relevant Federal agencies as applicable, shall determine whether any information provided under paragraph (1) by an entity receiving a covered award warrants corrective action. Such action— (i) may include— (I) an agreement requiring appropriate remedial measures; (II) compliance assistance; (III) resolving issues to avoid further violations; (IV) the decision not to exercise an option on assistance awarded or to terminate the assistance awarded; or (V) in coordination with the heads of the other relevant Federal agencies, the decision to debar or suspend the entity from future participation in any of the covered infrastructure programs; and (ii) shall include disclosure on the website established under subsection (d). (B) Subawards An entity that receives a covered award, in consultation with head of the relevant Federal agency and the Labor Compliance Advisor designated by such head under subsection (f), shall determine whether any information provided under subsection (b)(2) by a recipient of a covered subaward warrants corrective action, including remedial measures, compliance assistance, and resolving issues to avoid further violations. (3) Department of Labor investigations The Secretary of Labor shall, as appropriate, inform the heads of the relevant Federal agencies of investigations by the Secretary of entities receiving covered awards or covered subawards for purposes of determining the appropriateness of actions described in subparagraphs (A) and (B) of paragraph (2). (f) Labor compliance advisors (1) In general Each head of a relevant Federal agency shall designate a senior official to serve as the Labor Compliance Advisor for the agency. (2) Duties The Labor Compliance Advisor shall— (A) meet quarterly with the Deputy Secretary, Deputy Administrator, or equivalent official of the agency with regard to matters covered under this section; (B) work with officials of the agency to promote greater awareness and understanding of— (i) the labor laws listed in subsection (b)(1), including recordkeeping, reporting, and notice requirements under such laws; and (ii) best practices for compliance with such laws; (C) advise the head of the relevant Federal agency whether agreements are in place or are otherwise needed to address appropriate remedial measures, compliance assistance, steps to resolve issues to avoid violations of the labor laws listed in subsection (b)(1), or other related matters concerning entities applying for or receiving covered awards or covered subawards; (D) coordinate assistance for entities that apply for or receive covered awards or covered subawards that are seeking help in addressing and preventing violations of such labor laws; (E) in consultation with the Secretary of Labor or other relevant enforcement agencies, provide assistance to the head of the relevant Federal agency regarding appropriate actions to be taken in response to violations, by entities applying for or receiving covered awards or covered subawards, of the labor laws listed in subsection (b)(1) identified prior to or after receipt of such awards, and to address complaints in a timely manner, by— (i) providing assistance to officials of the agency in reviewing the information provided under subsections (b) and (e)(1), or other information indicating a violation of such a labor law, in order to assess the serious, repeated, willful, or pervasive nature of such violation and evaluate steps entities applying for or receiving covered awards or covered subawards have taken to correct violations of or improve compliance with such laws; (ii) helping officials of the agency determine the appropriate response to address violations of the labor laws listed in subsection (b)(1), or other information indicating such violations, particularly serious, repeated, willful, or pervasive violations, including agreements requiring appropriate remedial measures, decisions not to award assistance or exercise an option on an award of assistance, termination of an award of assistance, or referral of details to be posted on the website established under subsection (d); (iii) providing assistance to officials of the agency in receiving and responding to, or making referrals of, complaints alleging violations of the labor laws listed in subsection (b)(1) by entities applying for or receiving covered awards or covered subawards; (iv) supporting officials of the agency in the coordination of actions taken pursuant to this section to ensure agency-wide consistency, to the extent practicable; and (v) as appropriate, sending information to agency suspension and debarment officials in accordance with agency procedures; (F) consult with the head of the relevant Federal agency, and the Secretary of Labor as necessary, in the development of regulations, policies, and guidance addressing compliance with the labor laws listed in subsection (b)(1) by entities applying for or receiving covered awards or covered subawards; (G) make recommendations to the head of the relevant Federal agency to strengthen agency management of compliance with such labor laws by entities applying for or receiving covered awards or covered subawards; (H) publicly report, on an annual basis, a summary of actions taken by the head of the relevant Federal agency to promote greater compliance with the labor laws listed in subsection (b)(1), including the head's response to serious, repeated, willful, or pervasive violations of such labor laws; and (I) participate in the interagency meetings regularly convened by the Secretary of Labor under subsection (g)(2). (g) Measures To ensure government-Wide consistency Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall— (1) develop a process— (A) for the Labor Compliance Advisors designated under subsection (f) to consult with the Secretary of Labor in carrying out the responsibilities of such Advisors under subsection (f)(2)(E); and (B) by which the head of the relevant Federal agencies and Labor Compliance Advisors may give appropriate consideration to determinations and agreements made by the Secretary of Labor and such heads; (2) regularly convene interagency meetings of Labor Compliance Advisors to share and promote best practices for improving compliance with the labor laws listed in subsection (b)(1); and (3) designate an appropriate contact within the Department of Labor with whom the heads of the relevant Federal agencies may consult with respect to requirements and activities under this section. (h) Workforce diversity programs (1) In general The head of a relevant Federal agency, in coordination with the Secretary of Labor, shall require each entity that has not less than 50 employees and receives a covered award or covered subaward to develop and maintain a workforce diversity program in accordance with this subsection to ensure equal employment opportunity through the recruitment, selection, and advancement of individuals who are qualified for the applicable position and who are individuals with a barrier to employment (including ex-offenders), racial or ethnic minorities, women, disabled individuals, or veterans. (2) Structure of workforce diversity programs A workforce diversity program required under paragraph (1) of an entity described in such paragraph shall include programs, policies, practices, and procedures that fulfill the purposes of this subsection. Such programs, policies, practices, and procedures shall— (A) contain a diagnostic component that includes more than 1 quantitative analysis designed to evaluate the composition of the workforce of the entity and compare such composition to the composition of other relevant workforces; (B) include action-oriented programs, such as programs for training and outreach; (C) include internal auditing and reporting systems as a means of— (i) measuring the entity’s progress toward achieving a diverse workforce; and (ii) monitoring and examining employment decisions and compensation systems to evaluate the impact of those systems on diverse applicants and employees; (D) be incorporated into the entity’s personnel policies, practices, and procedures; (E) be updated annually for the duration of the project assisted by the covered award or covered subaward; and (F) be readily available for reporting to the Secretary for the purposes of compliance review. (3) Designation of responsibility An entity described in paragraph (1) shall provide for the implementation of the workforce diversity program required under such paragraph by— (A) assigning responsibility and accountability to an official of the entity; and (B) providing the assigned official with the authority, resources, and support of and access to top management of the entity to ensure the effective implementation of such program. (4) Identification of problem areas (A) In general An entity described in paragraph (1) shall perform an in-depth analysis of the employment process of the entity to determine— (i) whether impediments to equal employment opportunity exist in such process; and (ii) if such impediments exist, the aspects of such process in which such impediments exist. (B) Evaluations An analysis under subparagraph (A) shall include an analysis of— (i) whether, across different positions of the entity, there are problems of utilization or distribution of individuals who are qualified for such positions and are individuals with a barrier to employment (including ex-offenders), racial or ethnic minorities, women, disabled individuals, or veterans; (ii) personnel activity to determine whether there are selection disparities, which such analysis may include an analysis of the number of applications and interviews, hires, terminations, promotions, and other personnel actions of the entity; (iii) compensation systems to determine whether there are disparities in compensation; (iv) selection, recruitment, referral, and other personnel procedures to determine whether such procedures result in disparities in the employment or advancement of individuals who are qualified for the applicable position and are individuals with a barrier to employment (including ex-offenders), racial or ethnic minorities, women, disabled individuals, or veterans; and (v) any other issue that may impact the success of the workforce diversity program required of the entity under paragraph (1). (5) Action-oriented programs An entity described in paragraph (1) shall develop and execute action-oriented programs designed to— (A) correct any problem areas identified under this subsection; and (B) attain established goals and objectives that— (i) require the entity to follow different procedures than those procedures that may have previously produced inadequate results; and (ii) demonstrate the entity has made good faith efforts to remove identified barriers to workforce diversity, expand employment opportunities, and produce measurable results to achieve improved workforce diversity. (6) Internal audit and reporting system An entity described in paragraph (1) shall develop and implement an auditing system that periodically measures the effectiveness of the workforce diversity program developed and maintained by the entity under such paragraph. Such system shall include requirements for the entity to— (A) monitor records of all personnel activity, including referrals, placements, transfers, promotions, terminations, and compensation, at all levels of employment with the entity to ensure the workforce diversity program is carried out in accordance with the purposes of this subsection; (B) require internal reporting on a scheduled basis as to the degree to which equal employment opportunity and organizational objectives are attained; (C) review the results of reports required under this subsection with all levels of management of the entity; and (D) advise top management of the entity of the effectiveness of the program and submit recommendations to improve unsatisfactory performance with respect to the program. (7) Compliance status (A) In general In determining whether an entity described in paragraph (1) has complied with the requirements for the workforce diversity program under this subsection, the head of the relevant Federal agency, in coordination with the Secretary of Labor, shall— (i) review the nature and extent of the entity's good faith in carrying out activities under paragraphs (4), (5), and (6), and the appropriateness of those activities to identify equal employment opportunity problems; and (ii) analyze statistical data and other non-statistical information to indicate whether employees and applicants of the entity are being treated without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, or disability status. (B) Technical assistance The head of the relevant Federal agency, in coordination with the Secretary of Labor, may provide technical assistance to an entity described in paragraph (1) to assist such entity in achieving compliance with the requirements under this subsection, which may include an agreement between the head of the relevant Federal agency and the entity requiring appropriate remedial measures. (C) Corrective action If an entity described in paragraph (1) remains in noncompliance with the requirements under this subsection following technical assistance under subparagraph (B), the head of the relevant Federal agency, in coordination with the Secretary of Labor and the heads of the other relevant Federal agencies as applicable, may take corrective action against the entity. Such action may include— (i) the decision not to exercise an option on assistance awarded or to terminate the assistance awarded; or (ii) in coordination with the heads of the other relevant Federal agencies, the decision to debar or suspend the entity from future participation in any of the covered infrastructure programs. (i) Paycheck Transparency (1) In general Except as provided in paragraph (3), each head of a relevant Federal agency shall require entities receiving a covered award or a covered subaward to provide each individual described in paragraph (2) with a document for each pay period containing information concerning, with respect to such individual for such pay period— (A) hours worked, including overtime hours worked; (B) pay, including any additions made to or deductions made from pay; and (C) job classification. (2) Individuals described An individual described in this paragraph is any individual performing work on a project for an entity, receiving a covered award or covered subaward, that is required to maintain wage records with respect to such individual under— (A) the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.); (B) subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act ); (C) chapter 67 of title 41, United States Code (commonly known as the Service Contract Act ); or (D) any applicable State law. (3) Exceptions (A) Employees exempt from overtime requirements A document provided under paragraph (1) to an individual who is exempt under section 13 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 ) from the overtime compensation requirements under section 7 of such Act ( 29 U.S.C. 207 ) shall not be required to include a record of the hours worked by the individual if the entity receiving the covered award or covered subaward informs the individual of the status of such individual as exempt from such overtime compensation requirements. (B) Substantially similar State laws The requirements under this subsection shall be deemed to be satisfied if the entity receiving the covered award or covered subaward complies with State or local requirements that the Secretary of Labor has determined are substantially similar to the requirements under this subsection. (4) Independent contractors If an entity receiving a covered award or covered subaward treats an individual performing work on a project assisted by such award or subaward as an independent contractor, and not as an employee, of the entity, the entity shall provide the individual a document informing the individual of the status of the individual as an independent contractor. (j) Notice of hire (1) In general Each head of a relevant Federal agency shall require entities receiving a covered award or a covered subaward to provide each individual described in subsection (i)(2), at the time of hiring, a written notice containing each of the following: (A) The name of the entity, including any name used by the entity in conducting business. (B) The physical address of the entity’s main office or principal place of business, and a mailing address, if different from such physical address. (C) The telephone number of the entity. (D) The date on which the individual will regularly receive a paycheck from the entity. (E) The individual's rate of pay, and the basis of that rate, including (as applicable)— (i) by the hour, shift, day, week, salary, piece, or commission; (ii) any allowances claimed as part of the minimum wage, including tips and meal or lodging allowances; and (iii) overtime rate of pay, including any exemptions from overtime pay. (F) The individual’s job classification, and the prevailing wage for the corresponding class of laborers and mechanics employed on projects of a similar character in the locality in which the work is to be performed. (2) Enforcement (A) Fine (i) In general The head of a relevant Federal agency may assess a civil fine, subject to clause (ii), of $500 against an entity that knowingly violates paragraph (1) for each individual to whom the entity failed to notify in violation of such paragraph. (ii) Inflation The head of a relevant Federal agency shall, for each year beginning 1 year after the date of enactment of this Act, adjust the amount under clause (i) for inflation. (B) Rebuttable presumption The failure to provide a notice in compliance with paragraph (1) shall be a rebuttable presumption that an entity required to provide such notice knowingly violated such paragraph. (k) Neutrality (1) Allowable costs Except as provided in paragraph (2), an entity receiving a covered award or covered subaward may use the assistance of such award or subaward for costs incurred in maintaining satisfactory relations between the entity and employees of the entity on a project assisted by the award or subaward, including costs of shop stewards, labor management committees, employee publications, and other related activities. (2) Limitation on Federal assistance (A) In general No Federal assistance made available under a covered award or covered subaward may be used for costs incurred in— (i) activities undertaken to persuade employees of any entity to exercise or not to exercise, or concerning the manner of such employees in exercising or not exercising, the right to organize and bargain collectively through representatives of the employees' own choosing; or (ii) any other activities that are subject to the requirements under section 203(b) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(b) ). (B) Examples Examples of costs prohibited under subparagraph (A) include the costs of— (i) preparing and distributing materials for a purpose described in subparagraph (A); (ii) hiring or consulting legal counsel or consultants for such purpose; (iii) meetings held for such purpose (including paying the salaries of the attendees at such meetings); and (iv) planning or conducting activities for such purpose during work hours by managers, supervisors, or labor organization representatives. (l) Complaint and dispute transparency (1) In general (A) Awards Each head of a relevant Federal agency shall require entities receiving a covered award to agree that any decision to arbitrate the claim of an employee or independent contractor performing work for a project assisted by the award that arises under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.) or that involves any tort related to or arising out of sexual assault or sexual harassment may only be made with the voluntary consent of the employee or independent contractor after the dispute arises. (B) Subawards Each head of a relevant Federal agency shall require that an entity covered under subparagraph (A) incorporate the requirement under such subparagraph into each subaward made for a project assisted by the award. (2) Exception for employees and independents contractors (A) In general The requirements under paragraph (1) shall not apply with respect to an employee or independent contractor who— (i) is covered by a collective bargaining agreement negotiated between the entity receiving an award or subaward and a labor organization representing the employee or independent contractor; or (ii) except as provided in subparagraph (B), entered into a valid agreement to arbitrate claims described in such paragraph before the entity received the award or subaward described in such paragraph. (B) Applicability The requirements under paragraph (1) shall apply with respect to an employee or independent contractor of an entity receiving a covered award or covered subaward— (i) if the entity receiving the award or subaward is permitted to change the terms of the agreement described in subparagraph (A)(ii) with the employee or independent contractor; or (ii) in the event such agreement is renegotiated or replaced after the entity receives the award or subaward. (m) Definition of individual with a barrier to employment In this section, the term individual with a barrier to employment has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). 303. Buy America Bureau (a) Definitions In this section: (1) Buy America law The term Buy America law means— (A) section 313 of title 23, United States Code; (B) section 5323(j) of title 49, United States Code; (C) section 22905(a) of title 49, United States Code; (D) section 50101(a) of title 49, United States Code; (E) section 608 of the Federal Water Pollution Control Act ( 33 U.S.C. 1388 ); and (F) section 1452(a)(4) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a)(4) ). (2) Director The term Director means the Director of the Buy America Bureau established by subsection (b). (b) Establishment There is established in the Department of Commerce an office, to be known as the Buy America Bureau . (c) Leadership The Buy America Bureau shall be headed by a Director, who shall— (1) be appointed by the Secretary of Commerce; and (2) report to the Secretary of Commerce. (d) Duties The Director shall— (1) establish a program to certify and conduct oversight of third-party auditors that work with entities that receive assistance under a covered infrastructure program to ensure compliance with Buy America laws; (2) establish guidelines for ensuring transparency in the Buy America auditing process under paragraph (1), including— (A) the use of and fulfillment of requests pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); and (B) the disclosure of information relating to a Buy America audit by third-party auditors under paragraph (1); (3) establish guidelines to support the establishment, strengthening, and oversight of compliance with Buy America laws, taking into consideration and seeking to maximize the direct and indirect domestic jobs benefitted or created; (4) establish a clearinghouse website to make publicly available information on— (A) Buy America audits conducted by third-party auditors under paragraph (1); (B) third-party auditors that have received a certification from the Director under paragraph (1); and (C) requested waivers of Buy America laws under covered infrastructure programs; and (5) submit to Congress an annual report on— (A) waivers from a Buy America law that have been requested; (B) waivers from a Buy America law that have been granted; and (C) any supply chain gaps in the United States that may need to be addressed to improve compliance with Buy America laws without a waiver. | https://www.govinfo.gov/content/pkg/BILLS-117s1827is/xml/BILLS-117s1827is.xml |
117-s-1828 | II 117th CONGRESS 1st Session S. 1828 IN THE SENATE OF THE UNITED STATES May 25, 2021 Ms. Collins (for herself, Mr. Warner , Mr. Rubio , Mrs. Shaheen , Mr. Cornyn , Mr. Bennet , Mr. Cotton , Mrs. Gillibrand , Mr. Heinrich , Mr. King , and Mr. Burr ) 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 )); (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (C) the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives. (2) Covered dependent The term covered dependent has the meaning given such term in subsection (d)(1) of section 19 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519 ), as added by subsection (b). (3) Covered employee The term covered employee has the meaning given such term in section 19A(a) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(a) ). (4) Covered individual The term covered individual has the meaning given such term in section 19A(a) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(a) ). (5) Qualifying injury The term qualifying injury has the meaning given such term in subsection (d)(1) of section 19 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519 ), as added by subsection (b). (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) Definitions In this subsection: (A) Covered dependent The term covered dependent has the meaning given such term in subsection (a), except that the assigned duty station need not be in a foreign country. (B) Qualifying injury The term qualifying injury has the meaning given such term in subsection (a), except that the assigned duty station need not be in a foreign country. (2) Authority Notwithstanding any other provision of law but subject to paragraph (3), the Director may provide payment to a covered dependent, a covered employee, and a covered individual for a qualifying injury to the brain. (3) Limitations (A) Appropriations required Payment under paragraph (2) 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 (2) 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 (2) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability. (4) 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 (2). . (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)(4)(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, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. (2) Covered dependent The term covered dependent has the meaning given such term in 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). (3) Covered employee The term covered employee has the meaning given such term in 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). (4) Covered individual The term covered individual has the meaning given such term in 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). (5) Qualifying injury The term qualifying injury has the meaning given such term in 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). (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 (as defined in such subsection) 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) Definitions In this subsection: (A) Covered dependent The term covered dependent has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People's Republic of China, or another foreign country. (B) Covered employee The term covered employee has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People's Republic of China, or another foreign country. (C) Covered individual The term covered individual has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People's Republic of China, or another foreign country. (D) Qualifying injury The term qualifying injury has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People's Republic of China, or another foreign country. (2) Authority Notwithstanding any other provision of law but subject to paragraph (3), the Secretary of State or other agency head with an employee 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. (3) Limitations (A) Appropriations required Payment under paragraph (2) 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 (2) 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 (2) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability. (4) Regulations (A) In general The Secretary or other agency head described in paragraph (2) 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 (2). . (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)(2) 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)(4)(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-117s1828is/xml/BILLS-117s1828is.xml |
117-s-1829 | II 117th CONGRESS 1st Session S. 1829 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Bennet (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 provide for the issuance of exempt facility bonds for qualified carbon dioxide capture facilities.
1. Short title This Act may be cited as the Carbon Capture Improvement Act of 2021 . 2. Findings Congress finds the following: (1) Capture and long-term storage of carbon dioxide from coal, natural gas, and biomass-fired power plants, as well as from industrial sectors such as oil refining and production of fertilizer, cement, and ethanol, can help protect the environment while improving the economy and national security of the United States. (2) The United States is a world leader in the field of carbon dioxide capture and long-term storage, with many manufacturers and licensors of carbon dioxide capture technology based in the United States. (3) While the prospects for large-scale carbon capture in the United States are promising, costs remain relatively high. Lowering the financing costs for carbon dioxide capture at industrial facilities and direct air capture projects would accelerate the deployment of these technologies. (4) Since 1968, tax-exempt private activity bonds have been used to provide access to lower-cost financing for private businesses that are purchasing new capital equipment for certain specified environmental facilities, including facilities that reduce, recycle, or dispose of waste, pollutants, and hazardous substances. (5) Allowing tax-exempt financing for the purchase of capital equipment that is used to capture carbon dioxide will reduce the costs of developing carbon dioxide capture projects, accelerate their deployment, and, in conjunction with carbon dioxide utilization and long-term storage, help the United States meet critical environmental, economic, and national security goals. 3. Carbon dioxide capture facilities (a) In general Section 142 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)— (A) in paragraph (14), by striking or at the end, (B) in paragraph (15), by striking the period at the end and inserting , or , and (C) by adding at the end the following new paragraph: (16) qualified carbon dioxide capture facilities. , and (2) by adding at the end the following new subsection: (n) Qualified carbon dioxide capture facility (1) In general For purposes of subsection (a)(16), the term qualified carbon dioxide capture facility means— (A) the eligible components of an industrial carbon dioxide facility, and (B) a direct air capture facility (as defined in section 45Q(e)(1)). (2) Definitions In this subsection: (A) Eligible component (i) In general The term eligible component means any equipment installed in an industrial carbon dioxide facility that satisfies the requirements under paragraph (3) and is— (I) used for the purpose of capture, treatment and purification, compression, transportation, or on-site storage of carbon dioxide produced by the industrial carbon dioxide facility, or (II) integral or functionally related and subordinate to a process described in section 48B(c)(2), determined by substituting carbon dioxide for carbon monoxide in such section. (B) Industrial carbon dioxide facility (i) In general Except as provided in clause (ii), the term industrial carbon dioxide facility means a facility that emits carbon dioxide (including from any fugitive emissions source) that is created as a result of any of the following processes: (I) Fuel combustion. (II) Gasification. (III) Bioindustrial. (IV) Fermentation. (V) Any manufacturing industry described in section 48B(c)(7). (ii) Exceptions For purposes of clause (i), an industrial carbon dioxide facility shall not include— (I) any geological gas facility (as defined in clause (iii)), or (II) any air separation unit that— (aa) does not qualify as gasification equipment, or (bb) is not a necessary component of an oxy-fuel combustion process. (iii) Geological gas facility The term geological gas facility means a facility that— (I) produces a raw product consisting of gas or mixed gas and liquid from a geological formation, (II) transports or removes impurities from such product, or (III) separates such product into its constituent parts. (3) Capture and storage requirement (A) In general Subject to subparagraph (B), the eligible components of an industrial carbon dioxide facility shall have a capture and storage percentage (as determined under subparagraph (C)) that is equal to or greater than 65 percent. (B) Exception In the case of an industrial carbon dioxide facility with a capture and storage percentage that is less than 65 percent, the percentage of the cost of the eligible components installed in such facility that may be financed with tax-exempt bonds may not be greater than the capture and storage percentage. (C) Capture and storage percentage (i) In general Subject to clause (ii), the capture and storage percentage shall be an amount, expressed as a percentage, equal to the quotient of— (I) the total metric tons of carbon dioxide annually captured, transported, and injected into— (aa) a facility for geologic storage, or (bb) an enhanced oil or gas recovery well followed by geologic storage, divided by (II) the total metric tons of carbon dioxide which would otherwise be released into the atmosphere each year as industrial emission of greenhouse gas if the eligible components were not installed in the industrial carbon dioxide facility. (ii) Limited application of eligible components In the case of eligible components that are designed to capture carbon dioxide solely from specific sources of emissions or portions thereof within an industrial carbon dioxide facility, the capture and storage percentage under this subparagraph shall be determined based only on such specific sources of emissions or portions thereof. . (b) Volume cap Section 146(g)(4) of such Code is amended by striking paragraph (11) of section 142(a) (relating to high-speed intercity rail facilities) and inserting paragraph (11) or (16) of section 142(a) . (c) Clarification of private business use Section 141(b)(6) of such Code is amended by adding at the end the following new subparagraph: (C) Clarification relating to qualified carbon dioxide capture facilities For purposes of this subsection, the sale of carbon dioxide produced by a qualified carbon dioxide capture facility (as defined in section 142(n)) which is owned by a governmental unit shall not constitute private business use. . (d) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1829is/xml/BILLS-117s1829is.xml |
117-s-1830 | II 117th CONGRESS 1st Session S. 1830 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mrs. Gillibrand (for herself, Mr. Booker , Mr. Padilla , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To prevent childhood exposure to chlorpyrifos through certain school meal programs.
1. Short title This Act may be cited as the Safe School Meals for Kids Act of 2021 . 2. Preventing childhood dietary exposure to chlorpyrifos (a) In general Beginning with the 2021–2022 school year, the Secretary of Agriculture (referred to in this section as the Secretary ) shall phase out all food that has been treated with, or has levels in excess of the threshold established by the Secretary under subsection (b)(1) of, chlorpyrifos residue in food— (1) in school meals provided under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.); (2) in school meals provided under the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); and (3) provided by the Department of Defense Fresh Fruit and Vegetable Program. (b) Requirements In carrying out subsection (a), the Secretary shall— (1) establish a threshold for chlorpyrifos for the food described in subsection (a) of not more than .001 micrograms of chlorpyrifos per kilogram of food, as the Secretary determines to be necessary; (2) provide guidance, in consultation with State and local educational agencies, to eliminate chlorpyrifos from meals provided by schools, which may include guidance or criteria related to food procurement or supply contract policies; (3) periodically update the guidance described in paragraph (2); and (4) provide technical assistance to State and local educational agencies to enforce the requirements of this section. (c) Review by the Secretary Not later than January 1, 2021, and every 2 years thereafter until January 1, 2028, the Secretary shall conduct a review to evaluate whether, based on reports provided by State and local educational agencies, any of the food described in subsection (a) exceeds the threshold for chlorpyrifos established by the Secretary under subsection (b)(1). | https://www.govinfo.gov/content/pkg/BILLS-117s1830is/xml/BILLS-117s1830is.xml |
117-s-1831 | II 117th CONGRESS 1st Session S. 1831 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to establish a permanent, nationwide electronic benefits transfer program for children during school closures, and for other purposes.
1. Short title This Act may be cited as the Stop Child Hunger Act of 2021 . 2. Summer electronic benefits transfer for children program Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) ) is amended by adding at the end the following: (13) School closure electronic benefits transfer for children program (A) Definitions In this paragraph: (i) Covered period The term covered period means a period in which an elementary school or secondary school is closed, operating remotely, or operating in a hybrid manner for 5 or more consecutive weekdays during the calendar year. (ii) Eligible household The term eligible household means a household that includes 1 or more children who are eligible to receive free or reduced-price lunches under this Act or free or reduced-price breakfasts under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.), including children eligible for such meals pursuant to section 11(a)(1)(F). (iii) Free rate The term free rate has the meaning given the term in section 1101(j)(4) of the Families First Coronavirus Response Act ( 7 U.S.C. 2011 note). (iv) School closure EBT card The term school closure EBT card means an electronic benefit transfer (EBT) card that is issued to an eligible household under this paragraph and limited to food purchases. (B) Program The Secretary shall establish a program under which the Secretary shall provide to eligible households school closure EBT cards for the purpose of providing access to food for children during covered periods— (i) to reduce or eliminate the food insecurity and hunger of children; and (ii) to improve the nutritional status of children. (C) Use An eligible household may use a school closure EBT card only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.), in accordance with section 7(b) of that Act ( 7 U.S.C. 2016(b) ). (D) Amount The amount of a school closure EBT card issued pursuant to this paragraph shall be, with respect to a covered period, not less than the value of meals at the free rate for each day of such covered period. (E) Funding (i) In general 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 paragraph (including administrative expenses), to remain available until expended. (ii) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under clause (i), without further appropriation. (F) Regulations (i) In general Not later than October 1, 2021, the Secretary shall issue regulations to carry out this paragraph. (ii) Requirements Regulations issued under this subparagraph shall require that— (I) children shall be eligible to participate and shall be enrolled into the program under this paragraph for a covered period without further application if the children are enrolled to participate in the free or reduced-price lunch program under this Act or the free or reduced-price breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.); (II) local educational agencies shall support the administration of the program under this paragraph by— (aa) communicating to the State agency when any school is closed, operating remotely, or operating in a hybrid manner; and (bb) providing data on the children eligible to participate in the program under this paragraph; (III) State agencies shall provide information on children eligible to participate in the program under this paragraph with the State agency conducting eligibility determinations for the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.); and (IV) State agencies conducting eligibility determinations described in subclause (III) shall— (aa) distribute the school closure EBT cards; (bb) provide information to households regarding the program under this paragraph, including eligibility rules and how children in eligible households that are not automatically enrolled under subclause (I) may apply for program benefits; and (cc) administer the program under this paragraph in accordance with regulations promulgated by the Secretary. (G) Implementation grants (i) In general The Secretary shall carry out a program to make grants to States to support the development of data systems or upgrades to existing data systems that are necessary to implement this paragraph. (ii) Funding In addition to amounts made available under subparagraph (E), on October 1, 2021, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subparagraph $50,000,000, to remain available until expended. . | https://www.govinfo.gov/content/pkg/BILLS-117s1831is/xml/BILLS-117s1831is.xml |
117-s-1832 | II 117th CONGRESS 1st Session S. 1832 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Kennedy (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the General Services Administration from awarding contracts to certain insured depository institutions that avoid doing business with certain companies that are engaged in lawful commerce based solely on social policy considerations.
1. Short title This Act may be cited as the No Red and Blue Banks Act . 2. Insured depository institutions (a) In general The General Services Administration may not award a contract to an insured depository institution, as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ), or an affiliate of a depository institution if the insured depository institution or affiliate avoids doing business with certain companies that the insured depository institution or affiliate believes are engaged in lawful commerce based solely on social policy considerations. (b) Applicability This Act shall not apply to any contract awarded before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1832is/xml/BILLS-117s1832is.xml |
117-s-1833 | II 117th CONGRESS 1st Session S. 1833 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Brown (for himself, Mrs. Murray , Mr. Blumenthal , Mr. Murphy , Ms. Baldwin , Mr. Schatz , Mr. Leahy , Mr. Merkley , and Mr. Sanders ) 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 extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services.
1. Short title This Act may be cited as the Ensuring Access to Primary Care for Women & Children Act . 2. Renewal of application of Medicare payment rate floor to primary care services furnished under Medicaid and inclusion of additional providers (a) Renewal of payment floor; additional providers (1) In general Section 1902(a)(13) of the Social Security Act ( 42 U.S.C. 1396a(a)(13) ) is amended by striking subparagraph (C) and inserting the following: (C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and provider under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are— (i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or (ii) furnished in the 2-year period that begins on the first day of the first month that begins after the date of enactment of the Ensuring Access to Primary Care for Women & Children Act or during any other additional period specified with respect to the State under section 1905(dd)(2)— (I) by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, but only if the physician self-attests that the physician is Board certified in family medicine, general internal medicine, or pediatric medicine; (II) by a physician with a primary specialty designation of obstetrics and gynecology, but only if the physician self-attests that the physician is Board certified in obstetrics and gynecology; (III) by an advanced practice clinician, as defined by the Secretary (except that the Secretary shall define such term for purposes of this subparagraph to exclude a provider described in subclause (I), (II), or (V)), that works under the supervision of— (aa) a physician that satisfies the criteria specified in subclause (I) or (II); or (bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law; (IV) by a rural health clinic, Federally-qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician, a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, for services furnished by a physician, nurse practitioner, physician assistant, or certified nurse-midwife, or services furnished by an advanced practice clinician supervised by a physician described in subclause (I) or (II), another advanced practice clinician, a nurse practitioner, physician assistant, or a certified nurse-midwife; or (V) by a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII; . (2) Conforming amendments Section 1905(dd) of the Social Security Act ( 42 U.S.C. 1396d(dd) ) is amended— (A) by striking Notwithstanding and inserting the following: (1) In general Notwithstanding ; (B) by inserting or furnished during a period that is an additional period with respect to the State, as specified in paragraph (2), after 2015, ; and (C) by adding at the end the following: (2) Additional periods For purposes of paragraph (1): (A) The 2-year period that begins on the first day of the first month that begins after the date of enactment of the Ensuring Access to Primary Care for Women & Children Act shall be an additional period with respect to all States. (B) Any public health emergency period (as defined in paragraph (3)) with respect to a State shall be an additional period with respect to such State. (3) Public health emergency period For purposes of paragraph (2), the term public health emergency period means, with respect to a State, a period that— (A) begins on the date on which a public health emergency is declared with respect to the State by the Secretary pursuant to section 319 of the Public Health Service Act; and (B) ends on the last day of the sixth month that begins on or after the date on which such declaration expires. . (b) Improved targeting of primary care Section 1902(jj) of the Social Security Act ( 42 U.S.C. 1396a(jj) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the left margins accordingly; (2) by striking For purposes of and inserting the following: (1) In general For purposes of ; and (3) by adding at the end the following: (2) Exclusions Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital. . (c) Ensuring payment by managed care entities (1) In general Section 1903(m)(2)(A) of the Social Security Act ( 42 U.S.C. 1396b(m)(2)(A) ) is amended— (A) in clause (xii), by striking and after the semicolon; (B) in clause (xiii)— (i) by realigning the left margin so as to align with the left margin of clause (xii); and (ii) by striking the period at the end and inserting ; and ; and (C) by inserting after clause (xiii) the following: (xiv) such contract provides that (I) payments to providers specified in section 1902(a)(13)(C) for primary care services defined in section 1902(jj) that are furnished during a year or period specified in section 1902(a)(13)(C) and section 1905(dd) are at least equal to the amounts set forth and required by the Secretary by regulation, (II) the entity shall, upon request, provide documentation to the State, sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and (III) the Secretary shall approve payments described in subclause (I) that are furnished through an agreed upon capitation, partial capitation, or other value-based payment arrangement if the capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the State sufficient to enable the State and the Secretary to ensure compliance with subclause (I). . (2) Conforming amendment Section 1932(f) of the Social Security Act ( 42 U.S.C. 1396u–2(f) ) is amended by inserting and clause (xiv) of section 1903(m)(2)(A) before the period. 3. Improving quality and value for Medicaid beneficiaries (a) GAO study Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the effects of the payment rate floor for primary care services under Medicaid provided under section 1902(a)(13)(C) of the Social Security Act ( 42 U.S.C. 1396a(a)(13)(C) ) on beneficiary access to such services, including any recommendations for how the payment rate floor for such services could be more effective. (b) Funding the development of quality measures The first sentence of section 1139B(e) of the Social Security Act (42 U.S.C. 1320b–9b(e)) is amended by inserting , and for fiscal year 2022, $15,000,000, before for the purpose . (c) Developing quality measures for beneficiaries with disabilities Section 1139B(b)(5) of the Social Security Act (42 U.S.C. 1320b–9b(b)(5)) is amended by adding at the end the following: (D) Quality measures specific to adult individuals with disabilities The Secretary, acting through the Administrator for the Centers for Medicare & Medicaid Services and the Director of the Agency for Healthcare Research and Quality, shall develop adult health quality measures that are specific to adult individuals with disabilities and shall include those measures in the Medicaid Quality Measurement Program. In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals. . | https://www.govinfo.gov/content/pkg/BILLS-117s1833is/xml/BILLS-117s1833is.xml |
117-s-1834 | II 117th CONGRESS 1st Session S. 1834 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Child Nutrition Act of 1966 to clarify the availability and appropriateness of training for local food service personnel, and for other purposes.
1. Short title This Act may be cited as the Improving Training for School Food Service Workers Act of 2021 . 2. Training and certification of all local food service personnel Section 7(g)(2)(B) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1776(g)(2)(B) ) is amended by adding at the end the following: (iv) Availability and appropriateness of training (I) In general A training program carried out under this subparagraph shall— (aa) be scheduled during regular, paid working hours; (bb) be offered in-person, if appropriate; (cc) incorporate experiential learning; and (dd) be provided at no cost to food service personnel. (II) Program outside working hours In the event that a training program carried out under this subparagraph is scheduled outside of regular, paid working hours— (aa) efforts shall be made to inform food service personnel of the necessity of the program to be scheduled outside of regular, paid working hours; (bb) food service personnel shall be consulted to schedule the program at a time that is minimally disruptive to the personnel participating in the training program; (cc) compensation shall be provided to food service personnel attending the program at the regular rate of pay, including any applicable overtime rate; and (dd) food service personnel shall not be penalized or in any other manner discriminated against for not being able to attend the program. (v) Relationship to other laws Nothing in this subparagraph supersedes or otherwise modifies any Federal, State, or local law or legal obligation governing the relationship between an employee and employer. . | https://www.govinfo.gov/content/pkg/BILLS-117s1834is/xml/BILLS-117s1834is.xml |
117-s-1835 | II 117th CONGRESS 1st Session S. 1835 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Blumenthal (for himself, Mr. Markey , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the sale, lease, or loan of used motor vehicles with open recalls to consumers by auto dealers.
1. Short title This Act may be cited as the Used Car Safety Recall Repair Act . 2. Used motor vehicle consumer protection (a) Definitions Section 30102(a) of title 49, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking chapter— and inserting chapter: ; (2) in each of paragraphs (1) through (13)— (A) by inserting The term after the paragraph designation; and (B) by inserting a paragraph heading, the text of which is comprised of the term defined in the paragraph; and (3) by adding at the end the following: (14) Used motor vehicle The term used motor vehicle means a motor vehicle that has previously been purchased other than for resale. . (b) Dealer reimbursement and limitation on the sale, lease, or loan of used motor vehicles Section 30120 of title 49, United States Code, is amended— (1) in subsection (f)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (1), respectively, and moving the paragraphs so as to appear in numerical order; (B) in paragraph (2) (as so redesignated), in the paragraph heading, by striking In general and inserting Reimbursement for remedy provided ; and (C) by adding at the end the following: (3) Unavailable remedy for a used motor vehicle (A) Definition of dealer In this paragraph, the term dealer has the meaning given the term in subsection (k)(1). (B) Reimbursement (i) In general If a dealer is in possession of a used motor vehicle and the manufacturer of that used motor vehicle has failed to make a remedy available by the date described in clause (ii), the manufacturer shall reimburse the dealer at the rate described in clause (iii) until the earlier of— (I) the date on which a remedy is made available by the manufacturer; and (II) the date on which the total amount of payments to a dealer under this paragraph equals the fair market value of the used motor vehicle. (ii) Date described The date referred to in clause (i) is the date that is 60 days after the date described in section 30119(b) and specified by the manufacturer— (I) in a notification under section 30119(a)(5); or (II) under section 30121(c)(2). (iii) Rate described The rate referred to in clause (i) is a rate determined by the Secretary that is not less than 1 percent of the fair market value of the used motor vehicle per month, which shall be prorated on a daily basis for each day that the used motor vehicle is in the possession of the dealer— (I) after the date described in clause (ii); and (II) before the date on which a remedy is made available by the manufacturer. (iv) Limitation The total amount of payments to a dealer under this paragraph with respect to a used motor vehicle shall not exceed the fair market value of that used motor vehicle. ; and (2) by adding at the end the following: (k) Limitation on the sale, lease, or loan of used motor vehicles (1) Definition of dealer In this subsection, the term dealer means a person that, during the 1-year period ending on the date of the sale, lease, or loan of a used motor vehicle, has sold at least 5 motor vehicles to buyers that in good faith purchased the vehicles other than for resale. (2) Limitation Except as provided under paragraph (3), a dealer shall not sell, lease, or loan a used motor vehicle until after any defect or noncompliance for which notification is required under subsection (b)(2)(A) or (c) of section 30118 with respect to the vehicle has been remedied. (3) Exception Paragraph (2) shall not apply if— (A) the recall information regarding the used motor vehicle— (i) was not available at the time of sale, lease, or loan using the means established by the Secretary under section 31301 of the Moving Ahead for Progress in the 21st Century Act ( 49 U.S.C. 30166 note; Public Law 112–141 ); and (ii) was not available on the website of the manufacturer; (B) notification of the defect or noncompliance is required by an order issued by the Secretary under section 30118(b)(2), but enforcement of the order is set aside in a civil action to which section 30121(d) applies; (C) the used motor vehicle is sold at wholesale; or (D) (i) the used motor vehicle is a junk automobile (as defined in section 30501); and (ii) all required information with respect to the used motor vehicle has been reported to the National Motor Vehicle Title Information System under section 30504. . 3. Effective date This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1835is/xml/BILLS-117s1835is.xml |
117-s-1836 | II 117th CONGRESS 1st Session S. 1836 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Cornyn (for himself and Mr. Kelly ) 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 eligibility for certain emergency maintenance projects under the emergency relief program, and for other purposes.
1. Short title This Act may be cited as the Fixing Infrastructure Damaged by Disasters Act . 2. Emergency relief Section 125 of title 23, United States Code, is amended— (1) in subsection (a)(1), by inserting blizzard, ice storm, wildfire, before flood ; (2) in subsection (d), by inserting after paragraph (3) the following: (4) Emergency maintenance Notwithstanding any other provision of this section, on the request of a Governor of a State and with the approval of the Secretary, the cost of an emergency maintenance project that is necessary due to an event described in subsection (a), including maintenance that would be considered heavy or routine maintenance, but for the event, shall be an eligible expense under this section. ; and (3) in subsection (g)— (A) by striking The Secretary and inserting the following: (1) In general Except as provided in paragraph (2), the Secretary ; and (B) by adding at the end the following: (2) Waiver On the request of a Governor of a State, the Secretary may increase the amount under paragraph (1) to not more than 25 percent. . | https://www.govinfo.gov/content/pkg/BILLS-117s1836is/xml/BILLS-117s1836is.xml |
117-s-1837 | II 117th CONGRESS 1st Session S. 1837 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Brown (for himself, Mr. Inhofe , Mr. Boozman , Mr. Rounds , Mr. Tester , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to authorize a grant program for law enforcement agencies and corrections agencies to obtain behavioral health crisis response training for law enforcement officers and corrections officers, and for other purposes.
1. Short title This Act may be cited as the Law Enforcement Training for Mental Health Crisis Response Act of 2021 . 2. Findings; purpose (a) Findings Congress finds the following: (1) Law enforcement and corrections officers routinely respond to emergencies involving individuals suffering from a mental health crisis. (2) Recent statistics have shown that as many as— (A) 1 in every 10 calls for police response involve a person suffering from a mental illness; (B) 1 in every 4 people killed by police suffer from a mental health problem; and (C) 1 in 3 people transported to a hospital emergency room for psychiatric reasons are taken by the police. (3) Law enforcement response calls to individuals suffering from substance use disorder have increased during the current opioid epidemic. (4) There is a need to ensure that law enforcement officers have access to proper evidence-based training in responding to mental health crises. (5) Proper training for response to individuals suffering from a mental health crisis can better protect the safety of the general public and law enforcement officers. (6) Law enforcement and corrections officers in the United States can better serve their communities if the officers receive training to effectively and safely resolve the mental health crises. (b) Purpose The purpose of this Act is to provide grants to State, local, and Tribal law enforcement agencies and corrections agencies to obtain behavioral health crisis response training for law enforcement officers and corrections officers to— (1) better train law enforcement officers and corrections officers to resolve behavioral health crisis situations; (2) reduce the number of law enforcement officers and corrections officers killed or injured while responding to a behavioral health crisis; and (3) reduce the number of individuals killed or injured during a behavioral health crisis in which a law enforcement officer or corrections officer responds. 3. Law Enforcement Training for Mental Health Crisis grant program (a) Reservation of funds Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10157 ) is amended by adding at the end the following: (c) Of the total amount made available to carry out this subpart for a fiscal year, the Attorney General may reserve not more than $10,000,000 to carry out the program under section 509. . (b) Law Enforcement Training for Mental Health Crisis grant program Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq.) is amended by adding at the end the following: 509. Law Enforcement Training for Mental Health Crisis grant program (a) Grants authorized Subject to the availability of appropriations, the Attorney General is authorized to award grants to applicants for— (1) law enforcement officers or corrections officers to receive training from a program; and (2) the cost of transportation and lodging associated with law enforcement officers or corrections officers attending such program. (b) Program standards The Attorney General shall establish and publish qualification standards for organizations that provide programs. (c) Applications (1) In general The head of an applicant shall submit to the Attorney General an application that— (A) shall include— (i) a statement describing the program the law enforcement officers or corrections officers will complete; (ii) the total number of law enforcement officers or corrections officers in the agency; (iii) the number of law enforcement officers or corrections officers of the agency that have been killed, or seriously injured while responding to a behavioral health crisis during the 5-year-period preceding the date of the application; and (iv) whether the law enforcement officers or corrections officers employed by the agency receive any behavioral health crisis response training, including during basic officer training; and (B) in addition to the information required under subparagraph (A), may, at the option of the applicant, include information relating to— (i) recent incidents involving officers of the agency during which behavioral health crisis response training could have played a role in protecting the safety of— (I) the law enforcement officer or the public, including the persons or persons the law enforcement officers encountered; or (II) the corrections officer or inmates at the correctional facility; and (ii) estimated cost of attendance of a program per officer. (d) Restrictions (1) Supplemental funds Grant funds shall be used to supplement, and not supplant, State, local, and Tribal funds made available to any applicant for any of the purposes described in subsection (a). (2) Administrative costs Not more than 3 percent of any grant made under this section may be used for administrative costs. (e) Reports and records (1) Reports For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing— (A) a summary of any activity carried out using grant funds; (B) the number of officers that received training using grant funds; and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. (2) Records For the purpose of an audit by the Attorney General of the receipt and use of grant funds, a recipient shall— (A) keep— (i) any record relating to the receipt and use of grant funds; and (ii) any other record as the Attorney General may require; and (B) make the records described in subparagraph (A) available to the Attorney General upon request by the Attorney General. (f) Definitions In this section: (1) Applicant The term applicant means a law enforcement agency or corrections agency that applies for a grant under this section. (2) Attorney general The term Attorney General means the Attorney General, acting through the Assistant Attorney General for the Office of Justice Programs. (3) Grant funds The term grant funds means funds from a grant awarded under this section. (4) Law enforcement agency The term law enforcement agency means an agency of a State or unit of local government that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (5) Program The term program means a program or class that— (A) provides instructional training to law enforcement officers or corrections officers for response to a behavioral health crisis, including response to people suspected to be under the influence of a drug or psychoactive substance, and response to circumstances in which a person is suspected to be suicidal or suffering from a mental illness; (B) includes training on techniques and strategies designed to protect— (i) the health and safety of law enforcement officers and the public, including the person or persons a law enforcement officer encounters during a behavioral health crisis response; or (ii) the health and safety of corrections officers and inmates at the correctional facility, including the inmate a corrections officer encounters during a behavioral health crisis response, or in the normal course of business of interactions with the inmate; and (C) is developed in conjunction with healthcare professionals to provide crisis intervention training focused on understanding mental and behavioral health, developing empathy, navigating community resources, de-escalation skills, and practical application training for officers. (6) Recipient The term recipient means an applicant that receives a grant under this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s1837is/xml/BILLS-117s1837is.xml |
117-s-1838 | II 117th CONGRESS 1st Session S. 1838 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Scott of South Carolina (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to carry out a pilot program on using alternative credit scoring information for veterans and members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the Building Credit Access for Veterans Act of 2021 . 2. Department of Veterans Affairs pilot program on use of alternative credit scoring information or credit scoring models (a) Pilot program required (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program that will assess the feasibility and advisability of— (A) using alternative credit scoring information or credit scoring models using alternative credit scoring methodology for an individual described in paragraph (2)— (i) to improve the determination of creditworthiness of such an individual; and (ii) to increase the number of such individuals who are able to obtain a loan guaranteed or insured under chapter 37 of title 38, United States Code; and (B) in consultation with such entities as the Secretary considers appropriate, establishing criteria for acceptable commercially available credit scoring models to be used by lenders for the purpose of guaranteeing or insuring a loan under chapter 37 of title 38, United State Code. (2) Individual described An individual described in this paragraph is a veteran or a member of the Armed Forces who— (A) is eligible for a loan under chapter 37 of title 38, United States Code; and (B) has an insufficient credit history for a lender or the Secretary to determine the creditworthiness of the individual. (3) Alternative credit scoring information Alternative credit scoring information described in paragraph (1)(A) may include proof of rent, utility, and insurance payment histories, and such other information as the Secretary considers appropriate. (b) Voluntary participation (1) In general The Secretary shall ensure that any participation in the pilot program is voluntary on an opt-in basis for a lender, a borrower, and an individual described in subsection (a)(2). (2) Notice of participation Subject to paragraph (3), any lender who participates in the pilot program shall— (A) notify each individual described in subsection (a)(2) who, during the pilot program, applies for a loan under chapter 37 of title 38, United States Code, from such lender, of the lender’s participation in the pilot program; and (B) offer such individual the opportunity to participate in the pilot program. (3) Limitation (A) In general The Secretary may establish a limitation on the number of individuals and lenders that may participate in the pilot program. (B) Report If the Secretary limits participation in the pilot program under subparagraph (A), the Secretary shall, not later than 15 days after establishing such limitation, submit to Congress a report setting forth the reasons for establishing such limitation. (c) Approval of credit scoring models (1) In general A lender participating in the pilot program may not use a credit scoring model under subsection (a)(1)(A) until the Secretary has reviewed and approved such credit scoring model for purposes of the pilot program. (2) Publication of criteria The Secretary shall publish in the Federal Register any criteria established under subsection (a)(1)(B) for acceptable commercially available credit scoring models that use alternative credit scoring information described in subsection (a)(1)(A) to be used for purposes of the pilot program. (3) Considerations; approval of certain models In selecting credit scoring models to approve under this section, the Secretary shall— (A) consider the criteria for credit score assessments under section 1254.7 of title 12, Code of Federal Regulations; and (B) approve any commercially available credit scoring model that has been approved pursuant to section 302(b)(7) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(7) ) or section 305(d) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454 )(d)). (d) Outreach To the extent practicable, the Secretary shall conduct outreach to lenders and individuals described in subsection (a)(2) to inform such persons of the pilot program. (e) Report (1) In general Not later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the pilot program. (2) Contents The report submitted under paragraph (1) shall include the following: (A) The findings of the Secretary with respect to the feasibility and advisability of using alternative credit scoring information or credit scoring models using alternative credit scoring methodology for individuals described in subsection (a)(2). (B) A description of the efforts of the Secretary to assess the feasibility and advisability of using alternative credit scoring information or credit scoring models as described in subparagraph (A). (C) To the extent practicable, the following: (i) The rate of participation in the pilot program. (ii) An assessment of whether participants in the pilot program benefitted from such participation. (D) An assessment of the effect of the pilot program on the subsidy rate for loans guaranteed or insured by the Secretary under chapter 37 of title 38, United States Code. (E) Such other information as the Secretary considers appropriate. (f) Termination (1) In general The Secretary shall complete the pilot program required by subsection (a)(1) not later than September 30, 2025. (2) Effect on loans and applications The termination of the pilot program under paragraph (1) shall not affect a loan guaranteed, or for which loan applications have been received by a participating lender, on or before the date of the completion of the pilot program. (g) Insufficient credit history defined In this section, the term insufficient credit history , with respect to an individual described in subsection (a)(2), means that the individual does not have a credit record with one of the national credit reporting agencies or such credit record contains insufficient credit information to assess creditworthiness. | https://www.govinfo.gov/content/pkg/BILLS-117s1838is/xml/BILLS-117s1838is.xml |
117-s-1839 | II 117th CONGRESS 1st Session S. 1839 IN THE SENATE OF THE UNITED STATES May 26, 2021 Ms. Hassan (for herself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To coordinate Federal research and development efforts focused on modernizing mathematics in STEM education through mathematical and statistical modeling, including data-driven and computational thinking, problem, project, and performance based learning and assessment, interdisciplinary exploration, and career connections, and for other purposes.
1. Short title This Act may be cited as the Mathematical and Statistical Modeling Education Act . 2. Mathematical and statistical modeling education (a) Findings Congress finds the following: (1) The mathematics taught in schools, including statistical problem solving and data science, is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a STEM skills shortage and employers needing to expend resources to train and upskill employees. (2) According to the Bureau of Labor Statistics, the United States will need 1,000,000 additional STEM professionals than it is on track to produce in the coming decade. (3) The field of data science, which is relevant in almost every workplace, relies on the ability to work in teams and use computational tools to do mathematical and statistical problem solving. (4) Many STEM occupations offer higher wages, more opportunities for advancement, and a higher degree of job security than non-STEM jobs. (5) The STEM workforce relies on computational and data-driven discovery, decision-making, and predictions, from models that often must quantify uncertainty, as in weather predictions, spread of disease, or financial forecasting. (6) Most fields, including analytics, science, economics, publishing, marketing, actuarial science, operations research, engineering, and medicine, require data savvy, including the ability to select reliable sources of data, identify and remove errors in data, recognize and quantify uncertainty in data, visualize and analyze data, and use data to develop understanding or make predictions. (7) Rapidly emerging fields, such as artificial intelligence, machine learning, quantum computing and quantum information, all rely on mathematical and statistical concepts, which are critical to prove under what circumstances an algorithm or experiment will work and when it will fail. (8) Military academies have a long tradition in teaching mathematical modeling and would benefit from the ability to recruit students with this expertise from their other school experiences. (9) Mathematical modeling has been a strong educational priority globally, especially in China, where participation in United States mathematical modeling challenges in high school and higher education is orders of magnitude higher than in the United States, and Chinese teams are taking a majority of the prizes. (10) Girls participate in mathematical modeling challenges at all levels at similar levels as boys, while in traditional mathematical competitions girls participate less and drop out at every stage. Students cite opportunity for teamwork, using mathematics and statistics in meaningful contexts, ability to use computation, and emphasis on communication as reasons for continued participation in modeling challenges. (b) Definitions In this section: (1) Director The term Director means the Director of the National Science Foundation. (2) Federal laboratory The term Federal laboratory has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 ). (3) Foundation The term Foundation means the National Science Foundation. (4) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) Mathematical modeling The term mathematical modeling has the meaning given the term in the 2019 Guidelines to Assessment and Instruction in Mathematical Modeling Education (GAIMME) report, 2nd edition. (6) Operations research The term operations research means the application of scientific methods to the management and administration of organized military, governmental, commercial, and industrial processes to maximize operational efficiency. (7) Statistical modeling The term statistical modeling has the meaning given the term in the 2021 Guidelines to Assessment and Instruction in Statistical Education (GAISE II) report. (8) Stem The term STEM means the academic and professional disciplines of science, technology, engineering, and mathematics. (c) Preparing educators To engage students in mathematical and statistical modeling The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education and nonprofit organizations (or a consortium thereof) for research and development to advance innovative approaches to support and sustain high-quality mathematical modeling education in schools operated by local education agencies, including statistical problem solving, data science, operations research, and computational thinking. The Director shall encourage applicants to form partnerships to address critical transitions, such as middle school to high school, high school to college, and school to internships and jobs. (d) Application An entity seeking a grant under subsection (c) shall submit an application at such time, in such manner, and containing such information as the Director may require. The application shall include the following: (1) A description of the target population to be served by the research activity for which such grant is sought, including student subgroups described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ), and students experiencing homelessness and children and youth in foster care. (2) A description of the process for recruitment and selection of students, educators, or local educational agencies to participate in such research activity. (3) A description of how such research activity may inform efforts to promote the engagement and achievement of students in prekindergarten through grade 12 in mathematical modeling and statistical modeling using problem-based learning with contextualized data and computational tools. (4) In the case of a proposal consisting of a partnership or partnerships with 1 or more local educational agencies and 1 or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. (e) Partnerships In awarding grants under subsection (c), the Director shall encourage applications that include— (1) partnership with a nonprofit organization or an institution of higher education that has extensive experience and expertise in increasing the participation of students in prekindergarten through grade 12 in mathematical modeling and statistical modeling; (2) partnership with a local educational agency, consortium of local educational agencies, or Tribal educational agencies; (3) an assurance from school leaders to making reforms and activities proposed by the applicant a priority; (4) ways to address critical transitions, such as middle school to high school, high school to college, and school to internships and jobs; (5) input from education researchers and cognitive scientists, as well as practitioners in research and industry, so that what is being taught is up-to-date in terms of content and pedagogy; (6) a communications strategy for early conversations with parents, school leaders, school boards, community members, employers, and other stakeholders; and (7) resources for parents, school leaders, school boards, community members, and other stakeholders to build skills in modeling and analytics. (f) Use of funds An entity that receives a grant under this section shall use the grant funds for research and development activities to advance innovative approaches to support and sustain high-quality mathematical modeling education in public schools, including statistical modeling, data science, operations research, and computational thinking, which may include— (1) engaging prekindergarten through grade 12 educators in professional learning opportunities to enhance mathematical modeling and statistical problem solving knowledge, and developing training and best practices to provide more interdisciplinary learning opportunities; (2) conducting research on curricula and teaching practices that empower students to choose the mathematical, statistical, computational, and technological tools that they will apply to a problem, as is required in life and the workplace, rather than prescribing a particular approach or method; (3) providing students with opportunities to explore and analyze real data sets from contexts that are meaningful to the students, which may include— (A) missing or incorrect values; (B) quantities of data that require choice and use of appropriate technology; (C) multiple data sets that require choices about which data are relevant to the current problem; and (D) data of various types including quantities, words, and images; (4) taking a school or district-wide approach to professional development in mathematical modeling and statistical modeling; (5) engaging rural local educational agencies; (6) supporting research on effective mathematical modeling and statistical modeling teaching practices, including problem- and project-based learning, universal design for accessibility, and rubrics and mastery-based grading practices to assess student performance; (7) designing and developing pre-service and in-service training resources to assist educators in adopting transdisciplinary teaching practices within mathematics and statistics courses; (8) coordinating with local partners to adapt mathematics and statistics teaching practices to leverage local natural, business, industry, and community assets in order to support community-based learning; (9) providing hands-on training and research opportunities for mathematics and statistics educators at Federal laboratories, institutions of higher education, or in industry; (10) developing mechanisms for partnerships between educators and employers to help educators and students make connections between their mathematics and statistics projects and topics of relevance in today’s world; (11) designing and implementing professional development courses and experiences, including mentoring for educators, that combine face-to-face and online experiences; (12) addressing critical transitions, such as middle school to high school, high school to college, and school to internships and jobs; and (13) any other activity the Director determines will accomplish the goals of this section. (g) Evaluations All proposals for grants under this section shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (h) Accountability and dissemination (1) Evaluation required The Director shall evaluate the portfolio of grants awarded under this section. Such evaluation shall— (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate the findings of research resulting from the activities funded through such grants with the findings of other research on student’s pursuit of degrees or careers in STEM. (2) Report on evaluations Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes— (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (i) Authorization of appropriations For each of fiscal years 2022 through 2026, there are authorized out of funds appropriated to the National Science Foundation, $10,000,000 to carry out the activities under this section. 3. NASEM report on mathematical and statistical modeling education in prekindergarten through 12th grade (a) Study Not later than 60 days after the date of enactment of this Act, the Director shall seek to enter into an agreement with the National Academies of Sciences, Engineering and Medicine (in this section referred to as NASEM ) (or if NASEM declines to enter into such an agreement, another appropriate entity) under which NASEM, or such other appropriate entity, agrees to conduct a study on the following: (1) Factors that enhance or barriers to the implementation of mathematical modeling and statistical modeling in elementary and secondary education, including opportunities for and barriers to use modeling to integrate mathematical and statistical ideas across the curriculum, including the following: (A) Pathways in mathematical modeling and statistical problem solving from kindergarten to the workplace so that students are able to identify opportunities to use their school mathematics and statistics in a variety of jobs and life situations and so that employers can benefit from students’ school learning of data science, computational thinking, mathematics, statistics, and related subjects. (B) The role of community-based problems, service-based learning, and internships for connecting students with career preparatory experiences. (C) Best practices in problem-, project-, and performance-based learning and assessment. (2) Characteristics of teacher education programs that successfully prepare teachers to engage students in mathematical modeling and statistical modeling, as well as gaps and suggestions for building capacity in the pre-service and in-service teacher workforce. (3) Mechanisms for communication with stakeholders, including parents, administrators, and the public, to promote understanding and knowledge of the value of mathematical modeling and statistical modeling in education. (b) Public stakeholder meeting In the course of completing the study described in subsection (a), NASEM or such other appropriate entity shall hold not less than one public meeting to obtain stakeholder input on the topics of such study. (c) Report The agreement under subsection (a) shall require NASEM, or such other appropriate entity, not later than 24 months after the effective date of such agreement, to submit to the Secretary of Education and the appropriate committees of jurisdiction of Congress a report containing— (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NASEM, or such other appropriate entity, determines appropriate. (d) Authorization of appropriations For the fiscal year 2022, there are authorized out of funds appropriated to the National Science Foundation, $1,000,000 to carry out the activities under this section. | https://www.govinfo.gov/content/pkg/BILLS-117s1839is/xml/BILLS-117s1839is.xml |
117-s-1840 | II 117th CONGRESS 1st Session S. 1840 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Cardin (for himself, Ms. Klobuchar , Mr. Blumenthal , Mr. Wyden , Ms. Hirono , Mrs. Feinstein , Mr. Merkley , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit deceptive practices in Federal elections.
1. Short title This Act may be cited as the Deceptive Practices and Voter Intimidation Prevention Act of 2021 . 2. Findings Congress makes the following findings: (1) The right to vote by casting a ballot for one's preferred candidate is a fundamental right accorded to United States citizens by the Constitution, and the unimpeded exercise of this right is essential to the functioning of our democracy. (2) Historically, certain citizens, especially racial, ethnic, and language minorities, were prevented from voting because of significant barriers such as literacy tests, poll taxes, and property ownership requirements. (3) Some of these barriers were removed by the 15th, 19th, and 24th Amendments to the Constitution. (4) Despite the elimination of some of these barriers to the polls, the integrity of today's elections is threatened by newer tactics aimed at suppressing voter turnout. These tactics include deceptive practices, which involve the dissemination of false or misleading information intended to prevent voters from casting their ballots, prevent voters from voting for the candidate of their choice, intimidate the electorate, and undermine the integrity of the electoral process. (5) Furthermore, since the decision in Shelby County v. Holder in which the Supreme Court struck down the coverage formula used by the Voting Rights Act of 1965 to determine which States with a history of racial discrimination must affirmatively receive government permission before changing local voting laws, there have been Federal court decisions finding or affirming that States or localities intentionally discriminated against African Americans and other voters of color. (6) Denials of the right to vote, and deceptive practices designed to prevent members of racial, ethnic, and language minorities from exercising that right, are an outgrowth of discriminatory history, including slavery. Measures to combat denials of that right are a legitimate exercise of congressional power under article I, section 4 and article II, section 1 of, and the 14th and 15th Amendments to, the United States Constitution. (7) For the last few decades, there have been a number of instances of deceptive or intimidating practices aimed towards suppressing minority access to the voting booth that demonstrates the need for strengthened protections. (8) In addition, in at least one instance in 1990, thousands of voters reportedly received postcards providing false information about voter eligibility and warnings about criminal penalties for voter fraud. Most of the voters who received the postcards were African-American. (9) During the 2004 elections, Native American voters in South Dakota reported being required to provide photographic identification in order to vote, despite the fact that neither State nor Federal law required such identification. (10) In the 2006 midterm elections, thousands of Latino voters received mailings warning them in Spanish that voting in a Federal election as an immigrant could result in incarceration—despite the fact that any immigrant who is a naturalized citizen of the United States has the same right to vote as any other citizen. (11) In 2008, fliers were distributed in predominantly African-American neighborhoods falsely warning that people with outstanding warrants or unpaid parking tickets could be arrested if they showed up at the polls on election day. In the same year, there were reports of people receiving text messages on election day asking them to wait until the following day to vote. (12) In 2012, there were reports of voters receiving calls falsely informing them that they could vote via telephone. (13) On January 6, 2017, the Office of the Director of National Intelligence published a report titled Assessing Russian Activities and Intentions in Recent U.S. Elections , noting that Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the U.S. Presidential election. . Moscow’s influence campaign followed a Russian messaging strategy that blends covert intelligence operation—such as cyber activity—with overt efforts by Russian Government agencies, State-funded media, third-party intermediaries, and paid social media users or trolls. These influence operations included messaging that targeted African-American voters with misinformation. (14) On April 18, 2019, Special Counsel Robert Mueller released a report titled Report on the Investigation into Russian Interference in the 2016 Presidential Election , which concluded that the Russian government interfered in the 2016 presidential election in sweeping and systematic fashion. . The report details that Russia interfered in the 2016 presidential election principally through two operations: first, through a Russian government sponsored social media influence campaign, and second, by Russian intelligence computer-intrusion operations against those associated with both presidential campaigns. The Mueller Report details how Russian agents intentionally targeted black social justice groups and created fake accounts purporting to represent black social justice groups in order to spread disinformation and sow division. (15) Social media makes the mass dissemination of misleading information easy and allows perpetrators to target particular audiences with precision. One analysis documented hundreds of messages on Facebook and Twitter designed to discourage or prevent people from voting in the 2018 election. In 2016, these false statements were extremely prevalent with both domestic and foreign actors. Russian operatives engaged in a concerted disinformation and propaganda campaign over the internet that aimed, in part, to suppress voter turnout, especially among Black voters. These efforts by the Russian government continued and became more aggressive in the 2020 election cycle. (16) During the 2020 presidential election, Texas voters received robocalls stating that the Democratic primary would be taking place after its actual date. In the same year, communities of color in Michigan, Pennsylvania, Ohio, Illinois, and New York were targeted by robocalls sharing false information about how their data would be shared if they voted by mail. Widespread disinformation was targeted at Latino communities in Florida and other States, particularly through social media. (17) During the 2020 presidential election, voters in some precincts faced voter intimidation during early voting and on election day. The Election Protection hotline received nearly 32,000 calls on election day. Reports from the Voting Rights Defender and Prepared to Vote project teams and the NAACP Legal Defense and Educational Fund, Inc. showed that minority voters were disproportionately impacted by voter intimidation. Incidents included 3,000,000 robocalls telling people to stay home on election day and armed people at polling sites on election day in Florida, North Carolina, and Louisiana. Additionally, election officials, volunteers, and electors faced unprecedented intimidation including doxxing, death threats, and other intimidating communication. (18) Those responsible for these and similar efforts should be held accountable, and civil and criminal penalties should be available to punish anyone who seeks to keep voters away from the polls by providing false information. (19) Moreover, the Federal Government should help correct such false information in order to assist voters in exercising their right to vote without confusion and to preserve the integrity of the electoral process. (20) The Federal Government has a compelling interest in protecting voters from confusion and undue influence and in preserving the integrity of its election process . Burson v. Freeman, 504 U.S. 191, 199 (1992). (21) The First Amendment does not preclude the regulation of some intentionally false speech, even if it is political in nature. As the Supreme Court of the United States has recognized, [t]hat speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution. For the use of the known lie as a tool is at once at odds with the premises of democratic government and with the orderly manner in which economic, social, or political change is to be effected. … Hence the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection. . Garrison v. Louisiana, 379 U.S. 64, 75 (1964). 3. Prohibition on deceptive practices in Federal elections (a) Prohibition Subsection (b) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(b) ) is amended— (1) by striking No person and inserting the following: (1) In general No person ; and (2) by inserting at the end the following new paragraphs: (2) False statements regarding Federal elections (A) Prohibition No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person— (i) knows such information to be materially false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (B) Information described Information is described in this subparagraph if such information is regarding— (i) the time, place, or manner of holding any election described in paragraph (5); or (ii) the qualifications for or restrictions on voter eligibility for any such election, including— (I) any criminal penalties associated with voting in any such election; or (II) information regarding a voter's registration status or eligibility. (3) False statements regarding public endorsements (A) Prohibition No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person— (i) knows such statement to be false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (B) Definition of materially false For purposes of subparagraph (A), a statement about an endorsement is materially false if, with respect to an upcoming election described in paragraph (5)— (i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and (ii) such person, political party, or organization has not endorsed the election of such candidate. (4) Hindering, interfering with, or preventing voting or registering to vote No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5). (5) Election described An election described in this paragraph is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession. . (b) Private right of action (1) In general Subsection (c) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(c) ) is amended— (A) by striking Whenever any person and inserting the following: (1) Whenever any person ; and (B) by adding at the end the following new paragraph: (2) Any person aggrieved by a violation of subsection (b)(2), (b)(3), or (b)(4) may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. . (2) Conforming amendments (A) Subsection (e) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(e) ) is amended by striking subsection (c) and inserting subsection (c)(1) . (B) Subsection (g) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(g) ) is amended by striking subsection (c) and inserting subsection (c)(1) . (c) Criminal penalties (1) Deceptive acts Section 594 of title 18, United States Code, is amended— (A) by striking Whoever and inserting the following: (a) Intimidation Whoever ; (B) in subsection (a), as inserted by subparagraph (A), by striking at any election and inserting at any general, primary, run-off, or special election ; and (C) by adding at the end the following new subsections: (b) Deceptive acts (1) False statements regarding Federal elections (A) Prohibition It shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (e), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person— (i) knows such information to be materially false; and (ii) has the intent to mislead voters, or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (e). (B) Information described Information is described in this subparagraph if such information is regarding— (i) the time or place of holding any election described in subsection (e); or (ii) the qualifications for or restrictions on voter eligibility for any such election, including— (I) any criminal penalties associated with voting in any such election; or (II) information regarding a voter's registration status or eligibility. (2) Penalty Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (c) Hindering, interfering with, or preventing voting or registering To vote (1) Prohibition It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (e). (2) Penalty Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (d) Attempt Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (e) Election described An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession. . (2) Modification of penalty for voter intimidation Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking fined under this title or imprisoned not more than one year and inserting fined not more than $100,000, imprisoned for not more than 5 years . (3) Sentencing guidelines (A) Review and amendment Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section. (B) Authorization The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 note) as though the authority under that section had not expired. (4) Payments for refraining from voting Subsection (c) of section 11 of the Voting Rights Act of 1965 ( 52 U.S.C. 10307 ) is amended by striking either for registration to vote or for voting and inserting for registration to vote, for voting, or for not voting . 4. Corrective action (a) Corrective action (1) In general If the Attorney General receives a credible report that materially false information has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the Revised Statutes ( 52 U.S.C. 10101(b) ), as added by section 3(a), and if the Attorney General determines that State and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information, the Attorney General shall, pursuant to the written procedures and standards under subsection (b), communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to correct the materially false information. (2) Communication of corrective information Any information communicated by the Attorney General under paragraph (1)— (A) shall— (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. (b) Written procedures and standards for taking corrective action (1) In general Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section. (2) Inclusion of appropriate deadlines The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. (3) Consultation In developing the procedures and standards under paragraph (1), the Attorney General shall consult with the Election Assistance Commission, State and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations. (c) Authorization of appropriations There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. 5. Reports to Congress (a) In general Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes ( 52 U.S.C. 10101(b) ), as added by section 3(a), relating to the general election for Federal office and any primary, run-off, or a special election for Federal office held in the 2 years preceding the general election. (b) Contents (1) In general Each report submitted under subsection (a) shall include— (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 4(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes ( 52 U.S.C. 10101(c)(2) ), as added by section 3(b), in connection with an allegation described in subparagraph (A); and (F) a description of any criminal prosecution instituted under section 594 of title 18, United States Code, as amended by section 3(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General. (2) Exclusion of certain information (A) In general The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. (B) Exclusion of certain other information The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (ii) Any information concerning an ongoing investigation. (iii) Any information concerning a criminal or civil proceeding conducted under seal. (iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (c) Report made public On the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the Internet and other appropriate means. 6. Severability If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any person or circumstance, shall not be affected by the holding. | https://www.govinfo.gov/content/pkg/BILLS-117s1840is/xml/BILLS-117s1840is.xml |
117-s-1841 | II 117th CONGRESS 1st Session S. 1841 IN THE SENATE OF THE UNITED STATES May 26, 2021 Ms. Smith (for herself, Mr. Whitehouse , Mr. Blumenthal , Mr. Wyden , Mr. Murphy , Mr. Sanders , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs.
1. Short title This Act may be cited as the Mental Health Services for Students Act of 2021 . 2. Purposes The purposes of this Act are to— (1) revise, increase funding for, and expand the scope of the Project AWARE State Educational Agency Grant Program carried out by the Secretary of Health and Human Services, in order to provide access to more comprehensive school-based mental health services and supports; (2) provide for comprehensive staff development for school and community service personnel working in public schools; (3) provide for comprehensive training to improve health and academic outcomes for children with, or at risk for, mental health disorders, for parents or guardians, siblings, and other family members of such children, and for concerned members of the community; (4) provide for comprehensive, universal, evidence-based screening to identify children and adolescents with potential mental health disorders or unmet emotional health needs; (5) recognize best practices for the delivery of mental health care in school-based settings, including school-based health centers; (6) provide for comprehensive training for parents or guardians, siblings, other family members, and concerned members of the community on behalf of children and adolescents experiencing mental health trauma, disorder, or disability; and (7) establish formal working relationships between health, human service, and educational entities that support the mental and emotional health of children and adolescents in the school setting. 3. Amendments to the Public Health Service Act (a) Technical amendments The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act ( 42 U.S.C. 290kk et seq.) is amended— (1) by redesignating such part as part J; and (2) by redesignating sections 581 through 584 as sections 596 through 596C, respectively. (b) School-Based mental health and children Section 581 of the Public Health Service Act ( 42 U.S.C. 290hh ) (relating to children and violence) is amended to read as follows: 581. School-based mental health; children and adolescents (a) In general The Secretary, in collaboration with the Secretary of Education, shall, directly or through grants, contracts, or cooperative agreements awarded to eligible entities described in subsection (c), assist local communities and public schools (including schools funded by the Bureau of Indian Education) in applying a public health approach to mental health services both in public schools and in the community. Such approach shall provide comprehensive developmentally appropriate services and supports that are linguistically and culturally appropriate and trauma-informed, and incorporate developmentally appropriate strategies of positive behavioral interventions and supports. A comprehensive school-based mental health program funded under this section shall assist children in dealing with traumatic experiences, grief, bereavement, risk of suicide, and violence. (b) Activities Under the program under subsection (a), the Secretary may— (1) provide financial support to enable local communities to implement a comprehensive culturally and linguistically appropriate, trauma-informed, and developmentally appropriate, school-based mental health program that— (A) builds awareness of individual trauma and the intergenerational, continuum of impacts of trauma on populations; (B) trains appropriate staff to identify, and screen for, signs of trauma exposure, mental health disorders, or risk of suicide; and (C) incorporates positive behavioral interventions and supports, family engagement, student treatment, and multigenerational supports to foster the health and development of children, prevent mental health disorders, and ameliorate the impact of trauma; (2) provide technical assistance to local communities with respect to the development of programs described in paragraph (1); (3) provide assistance to local communities in the development of policies to address child and adolescent trauma and mental health issues and violence when and if it occurs; (4) facilitate community partnerships among families, students, law enforcement agencies, education agencies, mental health and substance use disorder service systems, family-based mental health service systems, child welfare agencies, health care providers (including primary care physicians, mental health professionals, and other professionals who specialize in children’s mental health such as child and adolescent psychiatrists), institutions of higher education, faith-based programs, trauma networks, and other community-based systems; and (5) establish best practice mechanisms for children and adolescents to report to school staff, such as educators, school leaders, or school-based health professionals, incidents of violence or plans by other children, adolescents, or adults to inflict harm on themselves or others. (c) Requirements (1) In general To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall— (A) be a partnership that includes— (i) a State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, in coordination with one or more local educational agencies, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or a consortium of any entities described in subparagraph (B), (C), (D), or (E) of section 8101(30) of such Act; and (ii) in accordance with paragraph (2)(A)(i), appropriate public or private entities that employ interventions that are evidence-based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965; and (B) submit an application, that is endorsed by all members of the partnership, that— (i) specifies which member will serve as the lead partner; and (ii) contains the assurances described in paragraph (2). (2) Required assurances An application under paragraph (1) shall contain assurances as follows: (A) The eligible entity will ensure that, in carrying out activities under this section, the eligible entity will enter into a memorandum of understanding— (i) with at least 1 community-based mental health provider, including a public or private mental health entity, health care entity, family-based mental health entity, trauma network, or other community-based entity, as determined by the Secretary (and which may include additional entities such as a human services agency, law enforcement or juvenile justice entity, child welfare agency, an institution of higher education, or another entity, as determined by the Secretary); and (ii) that clearly states— (I) the responsibilities of each partner with respect to the activities to be carried out, including how family engagement will be incorporated in the activities; (II) how school-employed and school-based or community-based mental health professionals will be utilized for carrying out such responsibilities; (III) how each such partner will be accountable for carrying out such responsibilities; and (IV) the amount of non-Federal funding or in-kind contributions that each such partner will contribute in order to sustain the program. (B) The comprehensive school-based mental health program carried out under this section supports the flexible use of funds to address— (i) universal prevention, through the promotion of the social, emotional, mental, and behavioral health of all students in an environment that is conducive to learning; (ii) selective prevention, through the reduction in the likelihood of at-risk students developing social, emotional, mental, behavioral health problems, suicide, or substance use disorders; (iii) the screening for, and early identification of, social, emotional, mental, behavioral problems, suicide risk, or substance use disorders and the provision of early intervention services; (iv) the treatment or referral for treatment of students with existing social, emotional, mental, behavioral health problems, or substance use disorders; (v) the development and implementation of evidence-based programs to assist children who are experiencing or have been exposed to trauma and violence, including program curricula, school supports, and after-school programs; and (vi) the development and implementation of evidence-based programs to assist children who are grieving, which may include training for school personnel on the impact of trauma and bereavement on children, and services to provide support to grieving children. (C) The comprehensive school-based mental health program carried out under this section will provide for in-service training of all school personnel, including ancillary staff and volunteers, in— (i) the techniques and supports needed to promote early identification of children with trauma histories, children who are grieving, and children with a mental health disorder or at risk of developing a mental health disorder, or who are at risk of suicide; (ii) the use of referral mechanisms that effectively link such children to appropriate prevention, treatment, and intervention services in the school and in the community and to follow-up when services are not available; (iii) strategies that promote a school-wide positive environment, including strategies to prevent discrimination, bullying, and harassment, which includes both cyberstalking and cyber-bullying; (iv) strategies for promoting the social, emotional, mental, and behavioral health of all students; and (v) strategies to increase the knowledge and skills of school and community leaders about the impact of trauma and violence and on the application of a public health approach to comprehensive school-based mental health programs. (D) The comprehensive school-based mental health program carried out under this section will include comprehensive training for parents or guardians, siblings, and other family members of children with mental health disorders, and for concerned members of the community in— (i) the techniques and supports needed to promote early identification of children with trauma histories, children who are grieving, children with a mental health disorder or at risk of developing a mental health disorder, and children who are at risk of suicide; (ii) the use of referral mechanisms that effectively link such children to appropriate prevention, treatment, and intervention services in the school and in the community and follow-up when such services are not available; and (iii) strategies that promote a school-wide positive environment, including strategies to prevent discrimination, bullying, and harassment, which includes both cyberstalking and cyber-bullying. (E) The comprehensive school-based mental health program carried out under this section will demonstrate the measures to be taken to sustain the program (which may include seeking funding for the program under a State Medicaid plan under title XIX of the Social Security Act or a waiver of such a plan, or under a State plan under subpart 1 of part B or part E of title IV of the Social Security Act). (F) The eligible entity is supported by the State agency with primary responsibility for behavioral health to ensure that the comprehensive school-based mental health program carried out under this section will be sustainable after funding under this section terminates. (G) The comprehensive school-based mental health program carried out under this section will be coordinated with early intervening activities carried out under the Individuals with Disabilities Education Act or activities funded under part A of title IV of the Elementary and Secondary Education Act of 1965. (H) The comprehensive school-based mental health program carried out under this section will be trauma-informed, evidence-based, and developmentally, culturally, and linguistically appropriate. (I) The comprehensive school-based mental health program carried out under this section will include a broad needs assessment of youth who drop out of school due to policies of zero tolerance with respect to drugs, alcohol, or weapons and an inability to obtain appropriate services. (J) The mental health services provided through the comprehensive school-based mental health program carried out under this section will be provided by qualified mental and behavioral health professionals who are certified, credentialed, or licensed in compliance with applicable Federal and State law and regulations by the State involved and who are practicing within their area of competence. (K) Students will be permitted to self-refer to the mental health program for mental health care and self-consent for mental health crisis care to the extent permitted by State or other applicable law. (3) Coordinator Any entity that is a member of a partnership described in paragraph (1)(A) may serve as the coordinator of funding and activities under the grant if all members of the partnership agree. (4) Compliance with HIPAA A grantee under this section shall be deemed to be a covered entity for purposes of compliance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (5) Compliance with FERPA Section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) shall apply to any entity that is a member of the partnership in the same manner that such section applies to an educational agency or institution (as that term is defined in such section). (d) Geographical distribution The Secretary shall ensure that grants, contracts, or cooperative agreements under subsection (a) will be distributed equitably among the regions of the country and among urban and rural areas. (e) Duration of awards With respect to a grant, contract, or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 5 years, with options for renewal. (f) Evaluation and measures of outcomes (1) Development of process The Assistant Secretary shall develop a fiscally appropriate process for evaluating activities carried out under this section. Such process shall include— (A) the development of guidelines for the submission of program data by grant, contract, or cooperative agreement recipients; (B) the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and (C) the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section. (2) Measures of outcomes (A) In general The Assistant Secretary shall develop measures of outcomes to be applied by recipients of assistance under this section, and the Assistant Secretary, in evaluating the effectiveness of programs carried out under this section. Such measures shall include student and family measures as provided for in subparagraph (B) and local educational measures as provided for under subparagraph (C). (B) Student and family measures of outcomes The measures for outcomes developed under paragraph (1)(B) relating to students and families shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate whether the program is effective in— (i) increasing social and emotional competency; (ii) improving academic outcomes, including as measured by proficiency on the annual assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965; (iii) reducing disruptive and aggressive behaviors; (iv) improving child functioning; (v) reducing substance use disorders; (vi) reducing rates of suicide and other forms of violence; (vii) reducing exclusionary disciplinary practices, including suspensions, expulsions, and the involvement of law enforcement; (viii) increasing high school graduation rates, calculated using the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965); (ix) improving attendance rates and rates of chronic absenteeism; (x) improving access to care for mental health disorders, including access to mental health services that are trauma-informed, and developmentally, linguistically, and culturally appropriate; (xi) improving health outcomes; (xii) decreasing disparities among vulnerable and protected populations in outcomes described in clauses (i) through (viii); and (xiii) reducing rates of discrimination, bullying, and harassment, which includes both cyberstalking and cyber-bullying. (C) Local educational outcomes The outcome measures developed under paragraph (1)(B) relating to local educational systems shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate— (i) the effectiveness of comprehensive school mental health programs established under this section; (ii) the effectiveness of formal partnership linkages among child and family serving institutions, community support systems, and the educational system; (iii) the progress made in sustaining the program once funding under the grant has expired; (iv) the effectiveness of training and professional development programs for all school personnel that incorporate indicators that measure cultural and linguistic competencies under the program in a manner that incorporates appropriate cultural and linguistic training; (v) the improvement in perception of a safe and supportive learning environment among school staff, students, and parents; (vi) the improvement in case-finding of students in need of more intensive services and referral of identified students to prevention, early intervention, and clinical services; (vii) the improvement in the immediate availability of clinical assessment and treatment services within the context of the local community to students posing a danger to themselves or others; (viii) the increased rates of successful matriculation to postsecondary education; (ix) reduced suicide rates; (x) reducing exclusionary disciplinary practices, including suspensions, expulsions, and the involvement of law enforcement; and (xi) increased educational equity. (3) Submission of annual data An eligible entity described in subsection (c) that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Assistant Secretary a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph (2) in a reasonable manner to demonstrate the progress of the program in achieving such purposes. (4) Evaluation by Assistant Secretary Based on the data submitted under paragraph (3), the Assistant Secretary shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section. (5) Limitation An eligible entity shall use not more than 20 percent of amounts received under a grant under this section to carry out evaluation activities under this subsection. (g) Information and education The Secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application under this section to the general public and to health care professionals. (h) Amount of grants and authorization of appropriations (1) Amount of grants A grant under this section shall be in an amount that is not more than $2,000,000 for each of the first 5 fiscal years following the date of enactment of the Mental Health Services for Students Act of 2021 . The Secretary shall determine the amount of each such grant based on the population of children up to age 21 of the area to be served under the grant. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section, $200,000,000 for each of the first 5 fiscal years following the date of enactment of the Mental Health Services for Students Act of 2021 . . (c) Conforming amendment Part G of title V of the Public Health Service Act ( 42 U.S.C. 290hh et seq.), as amended by subsection (b), is further amended by striking the part designation and heading and inserting the following: G School-based mental health . | https://www.govinfo.gov/content/pkg/BILLS-117s1841is/xml/BILLS-117s1841is.xml |
117-s-1842 | II 117th CONGRESS 1st Session S. 1842 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Wyden (for himself, Ms. Warren , Mr. Brown , Ms. Smith , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title IV of the Social Security Act to provide funding to sustain and increase the supply and quality of child care, access to child care, and for other purposes.
1. Short title This Act may be cited as the Building Child Care for a Better Future Act . 2. Increased funding for the Child Care Entitlement to States (a) In general Section 418(a)(3) of the Social Security Act ( 42 U.S.C. 618(a)(3) ) is amended to read as follows: (3) Appropriation (A) In general For grants under this section, there are appropriated— (i) for fiscal year 2022, $10,000,000,000; and (ii) for each fiscal year after fiscal year 2022, the greater of— (I) the amount appropriated under this subparagraph for the previous fiscal year, increased by the percentage increase (if any) in the consumer price index for all urban consumers (all items; United States city average) for the most recent 12-month period for which data is available; and (II) the amount appropriated under this subparagraph for the previous fiscal year. (B) Amounts reserved Of the amount appropriated under subparagraph (A) for a fiscal year— (i) an amount equal to 5 percent of such amount shall be available for grants to Indian tribes and tribal organizations; (ii) an amount equal to 4 percent of such amount shall be available for grants to territories; (iii) an amount, not to exceed 1/2 of 1 percent of such amount, shall be reserved by the Secretary to support technical assistance and dissemination activities under paragraphs (3) and (4) of section 658I(a) of the Child Care and Development Block Grant Act of 1990; and (iv) an amount equal to 1/2 of 1 percent of such amount appropriated may be reserved by the Secretary to conduct research and demonstration activities, as well as periodic external, independent evaluations of the impact of the Child Care and Development Block Grant program established under subchapter C of chapter 8 of title VI of the Omnibus Budget Reconciliation Act of 1981 ( Public Law 97–35 ), as carried out under this subsection and under such subchapter, on increasing access to child care services and improving the safety and quality of child care services, using scientifically valid research methodologies, and to disseminate the key findings of those evaluations widely and on a timely basis. . (b) Redistribution of funds reserved for tribal grants Section 418(a) of such Act ( 42 U.S.C. 618(a) ) is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4), the following: (5) Redistribution of unused tribal grants (A) In general The Secretary shall determine an appropriate procedure for redistributing the amounts described in subparagraph (B) for each fiscal year to each Indian tribe and tribal organization that applies for such amounts, to the extent the Secretary determines that the Indian tribe or tribal organization will be able to use such additional amounts to provide child care assistance. (B) Amounts described The amounts described in this subparagraph are, with respect to a fiscal year, the unused amounts of any payment made to an Indian tribe or tribal organization under this subsection for the fiscal year which the Secretary determines will not be used by the Indian tribe or tribal organization during the period in which such payments are available to be obligated. . (c) Removal of restriction on application of updated FMAP Section 418(a)(2)(C) of such Act ( 42 U.S.C. 618(a)(2)(C) ) is amended by striking , as such section was in effect on September 30, 1995 . (d) Technical and conforming amendments Section 418 of such Act ( 42 U.S.C. 618(a) ) is amended— (1) in subsection (a)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph (3) and inserting paragraph (3)(A) and remaining after the application of paragraph (3)(B), ; (B) in paragraph (2)(A), by striking paragraph (3)(A), and inserting paragraph (3)(A) and remaining after the application of paragraph (3)(B) and ; (C) in paragraph (4)— (i) in subparagraph (A), by striking paragraph (3)(C) and inserting paragraph (3)(B)(ii) ; and (ii) by striking subparagraph (E); and (D) in paragraph (6), (as redesignated by subsection (b)(1)), by inserting (as in effect on June 29, 2003) after section 403(a)(1)(D) ; (2) in subsection (b)(1), by striking by a State under this section and inserting by a State, a territory, or an Indian tribe or tribal organization under subsection (a) ; (3) by striking subsection (c) and inserting the following: (c) Application of child care and development block grant act of 1990 Notwithstanding any other provision of law, amounts provided to a State, a territory, or a Indian tribe or tribal organization under subsection (a) shall be transferred to the lead agency under the Child Care and Development Block Grant Act of 1990, integrated by the State, territory, or Indian tribe or tribal organization into the programs established by the State, territory, Indian tribe or tribal organization under such Act, and be subject to requirements and limitations of such Act. ; and (4) by striking subsection (d) and inserting the following: (d) Definitions In this section: (1) Indian tribe The term Indian tribe means entities included on the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ). (2) State The term State means each of the 50 States and the District of Columbia. (3) Territory The term territory means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) Tribal organization The term tribal organization means— (A) the recognized governing body of any Indian tribe, and any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities, except that in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; and (B) includes a Native Hawaiian organization, as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ) and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians. . (e) Effective date The amendments made by this section take effect on October 1, 2021. 3. Grants to improve child care supply, quality, and access in areas of particular need (a) In general Section 418 of the Social Security Act ( 42 U.S.C. 618 ), as amended by section 2, is further amended by adding at the end the following: (e) Grants to improve child care supply, quality, and access in areas of particular need (1) In general Except as otherwise provided in this subsection, the preceding provisions of this section shall not apply to this subsection. (2) Appropriations (A) In general For grants under this subsection to improve child care supply, quality, and access in areas of particular need, there are appropriated $5,000,000,000 for each fiscal year. (B) Amounts reserved Of the amount appropriated under subparagraph (A) for a fiscal year, the Secretary shall reserve— (i) an amount equal to 5 percent of such amount for grants to Indian tribes and tribal organizations; (ii) an amount equal to 4 percent of such amount for grants to territories; (iii) an amount, not to exceed ½ of 1 percent of such amount, to support technical assistance and dissemination activities related to improving child care supply, quality, and access, including in areas of particular need, under paragraphs (3) and (4), respectively, of section 658I(a) of the Child Care and Development Block Grant Act of 1990; (iv) an amount equal to ½ of 1 percent of such amount to carry out the evaluation required under paragraph (8); and (v) an amount, not to exceed 3 percent of such amount, for administrative expenses of the Secretary in administering this subsection. (3) Grants (A) Indian tribes and tribal organizations The Secretary shall use the amount reserved under paragraph (2)(B)(i) for a fiscal year to make grants under this subsection for the fiscal year to Indian tribes and tribal organizations in amounts that shall be allotted among Indian tribes and tribal organizations in proportion to their respective needs. (B) Territories The Secretary shall use the amount reserved under paragraph (2)(B)(ii) for a fiscal year to make grants under this subsection for the fiscal year to each territory in amounts that shall be allotted among the territories in proportion to their respective needs. (C) States The Secretary shall use the amount appropriated under subparagraph (A) of paragraph (2) for a fiscal year that remains after the application of subparagraph (B) of that paragraph, to make grants for the fiscal year under this subsection to each State in amounts that bear the same proportion to the amount so remaining as the sum of the amount granted under paragraph (1) of subsection (a) and the amount allotted and paid under paragraph (2) of subsection (a) to each such State for the fiscal year (without regard to amounts redistributed under subparagraph (D) of subsection (a)(2) for the fiscal year) bears to the total amounts granted and allotted to all of the States under paragraphs (1) and (2) of that subsection for such fiscal year. (4) Incorporation into CCDBG plan (A) Contents In order to be paid a grant under this subsection for a fiscal year, the lead agency of a State, territory, Indian tribe, or tribal organization shall submit to the Secretary, as part of the initial submission of the Child Care and Development Block Grant plan for the period that includes such fiscal year, or as an amendment to that plan, a description of the planned use of grant funds that— (i) describes the demographic and economic data and other criteria the lead agency proposes to use to determine whether an area is in particular need of child care; (ii) describes how community members were engaged to identify community-specific needs such as diverse types of care delivery, care for infant and toddlers, multilingual care, and nontraditional operational hours; (iii) identifies specific areas determined to be in particular need of child care, where such areas are located, the size and scope of such areas, and the age groups of children in need of child care in such areas; (iv) outlines how the lead agency proposes to use the grant funds to increase child care supply, quality, and access for all families, including families who are eligible for subsidies under the Child Care and Development Block Grant Act of 1990, in the areas determined to be in particular need of child care through activities such as— (I) contracting and providing grants to child care providers to pay for specified numbers of child care slots (including slots in family child care homes) and to build supply and stability by including expectations for compensation in the contracts and grants; (II) establishing or expanding the operation of community or neighborhood-based family child care networks by providing grants and contracts for training and other activities that increase the supply and quality of family child care; (III) furnishing child care providers with start-up funding, technical assistance, support for improving business practices, and support navigating real estate financing and development processes, including leveraging additional facilities financing resources; (IV) providing guidance to child care providers on negotiating with landlords or applying for land or home ownership; (V) providing technical assistance to child care providers throughout the child care licensing process; (VI) recruiting child care providers and staff; (VII) supporting the training and professional development of the child care workforce including through apprenticeships, partnerships with labor unions or labor-management partnerships, and partnerships with public and nonprofit institutions of higher education to provide comprehensive scholarships that support equitable access to, and completion of, credentials and degrees in early childhood education; (VIII) maintaining an effective and diverse early care workforce by increasing total compensation, providing wage supplements or bonuses, or offering wage and retention rewards; (IX) subject to subparagraph (C), providing financial support (without regard to limitations on expenditures imposed under section 658F(b) of the Child Care and Development Block Grant Act of 1990) for projects involving the purchase or improvement of land, a major renovation, repurposing facilities, the purchase, acquisition, construction, or permanent improvement of any building or facility, including major renovation and minor remodeling, indoor or outdoor modifications, including such modifications to support accessibility for children with disabilities, predevelopment or soft costs, and for projects to upgrade child care facilities to assure that providers meet State and local child care standards, including applicable health, safety, and quality requirements; or (X) subject to subparagraph (C), contracting with an intermediary with experience securing private sources of capital financing for child care facilities or other low-income community development projects to provide financial or managerial assistance, technical support through the real estate process, including successful execution of Federal interest documentation, or furnishing an evaluation of sustainability or operational capacity of providers; (v) in the case of a State or territory, contains an assurance that the State or territory shall collaborate with respect to the use of grant funds to improve child care supply, quality, and access in areas of particular need identified within the State or territory with each Indian tribe and tribal organization in such area; and (vi) contains such other information as the Secretary may require. (B) Approval The Secretary shall approve a planned use of funds submission that contains the information required under subparagraph (A), and, with respect to the proposed criteria required under subparagraph (A)(i), shall accept any reasonable criteria that are based on internal analyses by a lead agency of a State, territory, Indian tribe, or tribal organization or analyses by organizations with experience in evaluating research on various approaches to identifying areas where there is a low supply of child care that is affordable and that is in particular need of child care. (C) Special rules (i) In general The Secretary shall develop parameters on the use of funds from an allotment paid under this subsection for projects described in subclause (IX) or (X) of subparagraph (A)(iv). (ii) Requirement The parameters developed under clause (i) shall provide that, in the case of funds from an allotment paid under this subsection that are used for projects described in subclause (IX) or (X) of subparagraph (A)(iv)— (I) for such projects involving a privately-owned family child care home, the Secretary shall not retain any Federal interest; and (II) for all other such projects, the Secretary shall not retain a Federal interest after a period of 10 years. (5) Other funding and payment rules (A) Approval and payment deadline The Secretary shall make quarterly payments to the lead agency of each State, territory, Indian tribe, and tribal organization with a planned use of funds submission approved under paragraph (4) from the grant determined for the State, territory, Indian tribe, or tribal organization under paragraph (3) for a fiscal year. (B) No matching requirement Neither subparagraph (C) of subsection (a)(2) nor any other cash or in-kind matching requirement shall apply to the grants paid under this subsection. (C) Maintenance of effort (i) Certification funds will supplement, not supplant, general revenue expenditures Each State paid a grant under this subsection for a fiscal year shall certify that the grant funds will be used to supplement and not supplant the level of general revenue expenditures from State, local, and other non-Federal sources that are used to provide child care assistance for low-income families. (ii) State minimum expenditures requirement (I) In general Each State paid a grant under this subsection for a fiscal year shall certify that the State shall satisfy the required minimum general revenue expenditures for child care assistance for low-income families dollar amount applicable to the State for the fiscal year. (II) State minimum general revenue expenditures for child care assistance for low-income families dollar amount With respect to a State and a fiscal year, the minimum general revenue expenditures for child care assistance for low-income families dollar amount for the State and fiscal year is— (aa) in the case of the first fiscal year for which the State is paid a grant under this subsection, the aggregate dollar amount of general revenue expenditures for child care assistance for low-income families for the most recent State fiscal year for which data is available; and (bb) in the case of any succeeding fiscal year, the greater of— (AA) the minimum baseline dollar amount of general revenue expenditures for child care assistance for low-income families applicable to the State for the preceding year; and (BB) the minimum baseline dollar amount of general revenue expenditures for child care assistance for low-income families for the most recent State fiscal year for which data is available. (III) Annual guidance The Secretary shall issue annual guidance to States specifying— (aa) the data and reporting that will be required for purposes of enforcing the State minimum general revenue expenditures for child care assistance for low-income families dollar amount requirement under this subparagraph; and (bb) for each fiscal year and State for which a grant is paid under this subsection, the minimum general revenue expenditures for child care assistance for low-income families dollar amount that is required for the State and fiscal year. (D) Period for availability; redistribution of unused funds (i) In general Except as provided in clause (ii), the period in which the funds from grants paid under this subsection for a fiscal year are available for expenditure, the determination as to whether funds from the grant will not be used, and the procedure for redistributing unused funds, shall be made in the same manner as if— (I) in the case of 1 of the 50 States or the District of Columbia, the funds were considered amounts allotted to the State or District under subsection (a)(2)(B) for a fiscal year; (II) in the case of a territory, the funds were considered a grant made to the territory under subsection (a)(4) for such fiscal year; and (III) in the case of an Indian tribe or tribal organization, the funds were considered a grant made to the Indian tribe or tribal organization under subsection (a) for such fiscal year. (ii) Extension of availability of funds used for certain projects If funds from a grant paid under this subsection are used to provide financial support for a project described in subclause (IX) or (X) of paragraph (4)(A)(iv), the funds shall remain available for expenditure by the lead agency of a State, territory, Indian tribe, or tribal organization (as applicable) for a period of 5 years. (E) Inapplicability of territorial payment limitation Section 1108(a) shall not apply with respect to any funds paid under this subsection. (6) Use of funds (A) In general To the extent permitted under this paragraph, section 658G(b) of the Child Care and Development Block Grant Act of 1990, and the approved planned use of funds submission of the lead agency of a State, territory, Indian tribe, or tribal organization under paragraph (4), each such lead agency shall use funds from a grant paid under this subsection to increase child care supply, quality, and access in areas determined to be in particular need of child care (with activities provided directly, or through grants or contracts with local child care resource and referral organizations or other appropriate entities). Activities carried out with such funds shall be— (i) designed to improve the quality of child care services and increase parental options for, and access to, high-quality child care, especially in areas of concentrated poverty; and (ii) in alignment with the most recent Statewide or tribal assessment of the State’s or Indian tribe's or tribal organization's needs to carry out such services and care. (B) Priority If a lead agency chooses to make grants from the funds paid under this subsection, each such lead agency shall give priority to funding child care services that— (i) are provided during nontraditional hours; (ii) serve dual language learners, children with disabilities, children experiencing homelessness, children in foster care, children from low-income families, or infants and toddlers; (iii) serve a high proportion of children whose families are eligible for subsidies under the Child Care and Development Block Grant Act of 1990 for the child care; (iv) operate in rural communities with a low supply of child care; or (v) are operated by public entities, non-profit entities, and small businesses that are at least 51 percent owned and controlled by individuals who are socially and economically disadvantaged, as defined by the Administrator of the Small Business Administration. (C) Head start and early head start programs A lead agency may use funds from a grant paid under this subsection for activities or assistance under a Head Start program (including an Early Head Start program) carried out under the Head Start Act ( 42 U.S.C. 9831 et seq.) (D) Administration through the Child Care and Development Block Grant Act of 1990 (i) In general Except as provided in clause (ii) or to the extent otherwise provided in this subsection, subsection (c) shall apply to the grants paid under this subsection in the same manner as that subsection applies to amounts paid under subsection (a). (ii) Nonapplication of certain use of funds requirements The requirements of subparagraphs (D) and (E) of section 658E(c)(3) of the Child Care and Development Block Grant Act of 1990 shall not apply to the grants paid under this subsection. (7) Reports (A) CCDBG reports The lead agency of each State, territory, Indian tribe, and tribal organization paid a grant under this subsection for a fiscal year shall include information regarding how the lead agency spent the grant in each monthly, quarterly, or annual report, as applicable, submitted under section 658K(a)(2) of the Child Care and Development Block Grant Act of 1990. The information required to be collected and reported under this paragraph shall be— (i) in addition to, and shall not affect, reporting and data collection requirements imposed under the Child Care and Development Block Grant Act of 1990, including to the extent any information specified under this paragraph also is required to be included in a report submitted under that Act; and (ii) made publicly available. (B) 1-year post-award report Not later than 6 months after receipt of the first payment from a grant under this subsection, the lead agency of the State, territory, Indian tribe, or tribal organization (as applicable) shall submit a report to the Secretary that includes information and data (reported on such basis as the Secretary shall specify) regarding— (i) the supply of child care in the areas determined to be in particular need of child care by the lead agency, including with respect to the pre-grant award assessment of the number of Child Care and Development Block Grant-eligible child care slots reserved by grants or contracts in such areas and the pre-grant award assessment of the number of providers who are regulated under State law in such areas, and the number of providers who are not covered by or are exempt from such a regulation but are eligible child care providers providing services under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq.) in such areas; and (ii) the supply, quality, and access of child care in the areas determined to be in particular need of child care by the lead agency. (C) 3-year post-award report Not later than December 31 of the calendar year in which the third fiscal year for which the lead agency of a State, territory, Indian tribe, or tribal organization is paid a grant under this subsection ends, the lead agency shall submit a report to the Secretary that includes the following information: (i) Data that describes the impact of expenditures of grant funds on— (I) the supply of child care in the areas determined to be in particular need of child care by the lead agency, including with respect to the pre-grant award assessment of the number of Child Care and Development Block Grant-eligible child care slots reserved by grants or contracts in such areas and the pre-grant award assessment of the number of providers who are regulated under State law in such areas, and the number of providers who are not covered by or are exempt from such a regulation but are eligible child care providers providing services under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq.) in such areas; and (II) the supply, quality, and access of child care in the areas determined to be in particular need of child care by the lead agency, and on the extent to which areas in which such funds were used experienced outcomes that reduced the conditions in such areas which factored into such determination. (ii) Information specifying the areas determined to be in particular need of child care by the lead agency and the activities in which grant funds were used in such areas. (iii) Demographic data on the child care providers receiving funds and on the families and children served. (iv) Information specifying whether grant funds were used for projects described in subclause (IX) or (X) of paragraph (4)(A)(iv) and if so, the status of such projects, including if such projects are ongoing at the time of reporting. (D) Submission to congress The information reported in accordance with subparagraphs (A), (B), and (C) shall be incorporated into the biennial reports to Congress by the Secretary required under section 658L(a) of the Child Care and Development Block Grant Act of 1990. (8) Regular evaluations (A) In general From a geographically diverse selection of the lead agencies paid a grant under this subsection that includes representation of States, territories, and Indian tribes and tribal organizations, the Secretary regularly shall evaluate the impact of the activities carried out by such lead agencies with respect to improving the supply and quality of child care in the areas determined to be in particular need of child care by such lead agencies. (B) Supply assessment In evaluating the extent to which there are improvements in the supply of child care in the areas determined to be in particular need of child care, the Secretary shall focus on the following areas: (i) General availability of child care services. (ii) Availability of child care services that— (I) are provided during nontraditional hours; (II) serve dual language learners, children with disabilities, children experiencing homelessness, children in foster care, children from low-income families, or infants and toddlers; (III) serve a high proportion of children whose families are eligible for subsidies under the Child Care and Development Block Grant Act of 1990; and (IV) operate in rural communities with a low supply of child care. (iii) Opportunity for parental choice in child care services (C) Quality assessment In evaluating the extent to which there are improvements in the quality of child care in the areas determined to be in particular need of child care, the Secretary shall focus on at least 5 of the following areas: (i) Ratios of staff to children and group size. (ii) Developmentally-appropriate curriculum. (iii) Approaches to instruction. (iv) Relationship quality between children and staff. (v) Children’s learning and development. (vi) Physical environment quality and ability to protect children and staff from illness and injury. (vii) Qualifications, experience, and specialized training of staff. (viii) Opportunities for staff professional development. (ix) Wages and benefits for staff. (x) Ability to foster relationships with families and communities. (xi) Leadership and management capacity. (xii) Creating a stable work environment for staff retention. (xiii) Pursuit or earning of national accreditation. (D) Report The Secretary shall— (i) submit a report to the appropriate committees of Congress regarding the evaluations of the impact of the activities carried out by lead agencies with funds from grants paid under this subsection— (I) within 180 days of the completion of each such evaluation; and (II) at least once every 5 years; and (ii) make each such report, along with the data and report for each evaluation, publicly available. (9) Definitions In this subsection: (A) Appropriate committees of congress The term appropriate committees of Congress means the Committee on Appropriations, the Committee on Ways and Means, and the Committee on Education and Labor of the House of Representatives and the Committee on Appropriations, the Committee on Finance, and the Committee on Health, Education, Labor, and Pensions of the Senate. (B) Lead agency The term lead agency has the meaning given that term in section 658P(9) of the Child Care and Development Block Grant Act of 1990. . (b) Effective date The amendments made by this section take effect on October 1, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1842is/xml/BILLS-117s1842is.xml |
117-s-1843 | II 117th CONGRESS 1st Session S. 1843 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Coons (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes.
1. Short title This Act may be cited as the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021 or the SHOP SAFE Act of 2021 . 2. Contributory liability for electronic commerce platforms (a) Platform liability Section 32 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Trademark Act of 1946 ) ( 15 U.S.C. 1114 ), is amended by adding at the end the following: (4) (A) Subject to subparagraph (C), an electronic commerce platform shall be deemed contributorily liable in a civil action by the registrant for the remedies hereinafter provided for a case in which, without the consent of the registrant, a third-party seller uses in commerce a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health and safety on the platform, unless the platform demonstrates that the platform took each of the following steps to prevent such use on the platform before any infringing act by the third-party seller: (i) Determined after a reasonable investigation, and reasonably periodically confirmed— (I) that the third-party seller designated a registered agent in the United States for service of process; or (II) in the case of a third-party seller located in the United States, and if the seller has not designated a registered agent under subclause (I), that the third-party seller has designated a verified address for service of process in the United States. (ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. (iii) Required the third-party seller to— (I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and (II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). (iv) Imposed on the third-party seller as a condition of participating on the platform contractual requirements that— (I) the third-party seller agrees not to use a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform; (II) the third-party seller consents to the jurisdiction of United States courts with respect to claims related to the third-party seller’s participation on the platform; and (III) the third-party seller designates an agent for service of process in the United States, or, in the case of third-party seller located in the United States, the third-party seller designates a verified address for service of process in the United States. (v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. (vi) Displayed conspicuously in each listing the country of origin and manufacture of the goods, unless such information was not reasonably available to the third-party seller and the third-party seller had identified to the platform the steps it undertook to identify the country of origin and manufacture of the goods and the reasons it was unable to identify the same. (vii) Required each third-party seller to use images that the seller owns or has permission to use and that accurately depict the actual goods offered for sale on the platform. (viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller’s use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. (ix) Implemented at no cost to the registrant a program to expeditiously disable or remove from the platform any listing for which a platform has reasonable awareness of use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods. Reasonable awareness of use of a counterfeit mark may be inferred based on information regarding the use of a counterfeit mark on the platform generally, general information about the third-party seller, identifying characteristics of a particular listing, or other circumstances as appropriate. A platform may reinstate a listing disabled or removed under this clause if, after an investigation, the platform reasonably determines that a counterfeit mark was not used in the listing. A reasonable decision to reinstate a listing shall not be a basis for finding that a platform failed to comply with this clause. (x) Implemented a policy that requires termination of a third-party seller that has reasonably been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. Use of a counterfeit mark by a third-party seller in 3 separate listings within 1 year shall be considered repeated use, except when reasonable mitigating circumstances exist. A platform may reinstate a third-party seller if, after an investigation, the platform reasonably determines that the third-party seller did not engage in repeated use of a counterfeit mark or that reasonable mitigating circumstances existed. A reasonable decision to reinstate a third-party seller shall not be a basis for finding that a platform failed to comply with this clause. (xi) Implemented at no cost to the registrant reasonable technological measures for screening third-party sellers to ensure that sellers who have been terminated do not rejoin or remain on the platform under a different seller identity or alias. (xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). (B) In this paragraph: (i) The term counterfeit mark has the meaning given that term in section 34(d)(1)(B). (ii) The term electronic commerce platform means any electronically accessed platform that includes publicly interactive features that allow for arranging the sale, purchase, payment, or shipping of goods, or that enables a person other than an operator of the platform to sell or offer to sell physical goods to consumers located in the United States. (iii) The term goods that implicate health and safety means goods, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. (iv) The term third-party seller means a person other than the electronic commerce platform that uses the platform to arrange for the sale, purchase, payment, or shipping of goods. (C) This paragraph shall apply— (i) to an electronic commerce platform that has annual sales on the platform of not less than $500,000; or (ii) to an electronic commerce platform with less than $500,000 in annual sales 6 months after the platform has received 10 notices (in which there is a reference to this paragraph and an explicit notification to the platform of the 10-notice limit), in aggregate, identifying listings on the platform that reasonably could be determined to have used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health and safety. (D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph. . (b) Effective date This Act, and the amendment made by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1843is/xml/BILLS-117s1843is.xml |
117-s-1844 | II 117th CONGRESS 1st Session S. 1844 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Casey (for himself, Mr. Blumenthal , Ms. Stabenow , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to move Medicare cost-sharing benefits from Medicaid to Medicare, and for other purposes.
1. Short title This Act may be cited as the Lowering Medicare Premiums and Prescription Drug Costs Act . 2. Medicare Cost Assistance Program (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: 1899B. Medicare Cost Assistance Program (a) In general Effective beginning January 1, 2023, in the case of a Medicare Cost Assistance Program eligible individual (as defined in subsection (b)(1)), the Secretary shall provide Medicare cost assistance for the following costs incurred with respect to the individual: (1) (A) premiums under section 1818; and (B) premiums under section 1839. (2) Coinsurance under this title (including coinsurance described in section 1813). (3) Deductibles established under this title (including those described in section 1813 and section 1833(b)). (4) The difference between the amount that is paid under section 1833(a) and the amount that would be paid under such section if any reference to a percent less than 100 percent therein were deemed a reference to 100 percent . (b) Determination of eligibility (1) Medicare Cost Assistance Program eligible individual defined The term Medicare Cost Assistance Program eligible individual means an individual who— (A) is eligible for and is receiving medical assistance for the payment of medicare cost-sharing under a State Medicaid program pursuant to clause (i), (iii), or (iv) of section 1902(a)(10)(E) as of December 31, 2022; or (B) (i) is entitled to hospital insurance benefits under part A (including an individual entitled to such benefits pursuant to an enrollment under section 1818); and (ii) has income at or below 200 percent of the poverty line applicable to a family of the size involved. (2) Joint determination by Commissioner of Social Security for LIS and Medicare cost assistance (A) In general The determination of whether an individual is a Medicare Cost Assistance Program eligible individual described in paragraph (1) shall be determined by the Commissioner of Social Security jointly with the determination of whether an individual is a subsidy eligible individual described in section 1860D–14(a)(3). Such determination shall be made with respect to eligibility for Medicare cost assistance under this section and premium and cost-sharing subsidies under section 1860D–14 upon application of an individual for a determination with respect to eligibility for either such assistance or such subsidies. There are authorized to be appropriated to the Social Security Administration such sums as may be necessary for the determination of eligibility under this paragraph. (B) Effective period Determinations under this paragraph with respect to eligibility for each of such assistance or such subsidies shall be effective beginning with the month in which the individual applies for a determination described in subparagraph (A) and shall remain in effect until such time as the Secretary determines the individual is no longer eligible as determined under subparagraph (C)(ii). (C) Redeterminations With respect to eligibility determinations under this paragraph— (i) redeterminations shall be made at the same time with respect to eligibility for Medicare cost assistance under this section and cost-sharing subsidies under section 1860D–14, but not more frequently than once every 12 months; (ii) a redetermination shall automatically determine that an individual remains eligible for such assistance or subsidies unless— (I) the Commissioner has information indicating that the individual's circumstances have changed such that the individual is no longer eligible for such assistance or subsidies; (II) the Commissioner sends notice to the individual regarding such information that requests a response either confirming or correcting such information; and (III) the individual either confirms such information or fails to provide documentation indicating that such circumstances have not changed within 60 days of receiving the notice described in subclause (II); (iii) the Commissioner shall establish procedures for appeals of such determinations that are similar to the procedures described in the third sentence of section 1631(c)(1)(A); and (iv) judicial review of the final decision of the Commissioner made after a hearing shall be available to the same extent, and with the same limitations, as provided in subsections (g) and (h) of section 205. (D) Treatment of medicaid beneficiaries The Secretary shall provide that individuals who are full-benefit dual eligible individuals (as defined in section 1935(c)(6)) or who are recipients of supplemental security income benefits under title XVI shall be treated as a Medicare Cost Assistance Program eligible individual described in paragraph (1) and, in the case of such individual who is a part D eligible individual, a subsidy eligible individual described in section 1860D–14(a)(3). (E) Simplified application form (i) In general The Secretary shall develop and distribute a simplified application form for use by individuals in applying for Medicare cost assistance under this section and premium and cost-sharing subsidies under section 1860D–14. Such form shall be easily readable by applicants and uniform nationally. The Secretary shall provide for the translation of such application form into at least the 10 languages (other than English) that are most often used by individuals applying for hospital insurance benefits under section 226 or 226A and shall make the translated forms available to the Commissioner of Social Security. (ii) Consultation In developing such form, the Secretary shall consult with beneficiary groups. (3) Income determinations For purposes of applying this section— (A) in the case of an individual who is not treated as a Medicare Cost Assistance Program eligible individual or a subsidy eligible individual under paragraph (2)(D), income shall be determined in the manner described under section 1612 for purposes of the supplemental security income program, except that support and maintenance furnished in kind shall not be counted as income; and (B) the term poverty line has the meaning given such term in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by such section. (c) Beneficiary protections (1) In general In the case in which the payment for Medicare cost assistance for a Medicare Cost Assistance Program eligible individual with respect to an item or service is reduced or eliminated the individual shall not have any legal liability to make payment to a provider of services or supplier or to an organization described in section 1903(m)(1)(A) for the service, and any lawful sanction that may be imposed upon a provider of services or supplier or such an organization for excess charges under this title or title XIX shall apply to the imposition of any charge imposed upon the individual in such case. (2) Clarification This paragraph shall not be construed as preventing payment of any medicare cost assistance by a medicare supplemental policy or an employer retiree health plan on behalf of an individual. (d) Administration (1) In general The Secretary shall establish procedures for the administration of the program under this section. (2) Funding For purposes of carrying out this section, the Secretary shall make payments from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund under section 1841, in such proportion as the Secretary determines appropriate, of such amounts as the Secretary determines necessary to provide Medicare cost assistance under this section. (e) References to medicare cost-Sharing Effective beginning January 1, 2023, any reference to medicare cost-sharing described in section 1905(p) shall be deemed a reference to Medicare cost assistance under this section. (f) Outreach efforts For provisions relating to outreach efforts to increase awareness of the availability of Medicare cost assistance, see section 1144. . (b) Special enrollment period (1) No premium penalty Section 1839(b) of the Social Security Act ( 42 U.S.C. 1395r(b) ) is amended, in the last sentence, by inserting the following before the period: or, effective beginning January 1, 2023, for individuals who are Medicare Cost Assistance Program eligible individuals (as defined in section 1899B(b)(1)). . (2) Special enrollment period Section 1837 of the Social Security Act ( 42 U.S.C. 1395p ) is amended by adding at the end the following new subsection: (o) Special enrollment period for Medicare Cost Assistance Program eligible individual (1) In general Effective beginning January 1, 2023, the Secretary shall establish special enrollment periods for Medicare Cost Assistance Program eligible individuals (as defined in section 1899B(b)(1)). (2) Coverage period In the case of an individual who enrolls during the special enrollment period provided under paragraph (1), the coverage period under this part shall— (A) begin on the first day of the first month in which the individual applies for a determination under section 1899B(b)(2)(A); and (B) remain in effect until such time as the Secretary determines the individual no longer eligible as determined under section 1899B(b)(2)(C)(ii). . (3) Conforming sunset of State agreements relating to enrollment of qualified medicare beneficiaries (A) Part A Section 1818(g) of the Social Security Act ( 42 U.S.C. 1395i–2(g) ) is amended by adding at the end the following new paragraph: (3) Sunset This subsection shall not apply on or after January 1, 2023. . (B) Part B Section 1843(h) of the Social Security Act ( 42 U.S.C. 1395v(h) ) is amended by adding at the end the following new paragraph: (3) Sunset with respect to qualified medicare beneficiaries This subsection shall not apply with respect to qualified medicare beneficiaries on or after January 1, 2023. . (c) Public awareness campaign Section 1144 of the Social Security Act ( 42 U.S.C. 1320b–14 ) is amended by adding at the end the following new subsection: (d) Public awareness campaign (1) In general The Commissioner shall conduct a public awareness campaign to educate Medicare beneficiaries on the availability of Medicare cost assistance for low-income individuals under section 1899B. (2) Coordination In carrying out such public awareness campaign, the Commissioner shall coordinate with State health insurance assistance programs described in subsection (a)(1)(A) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 ( 42 U.S.C. 1395b–3 note)), the Administrator of the Administration for Community Living, and the Administrator of the Centers for Medicare & Medicaid Services. (3) Funding There are hereby appropriated to the Commissioner, out of any funds in the Treasury not otherwise appropriated, $10,000,000 for each of fiscal years 2023 through 2025, to provide grants to State health insurance assistance programs to carry out outreach and education activities under the public awareness campaign pursuant to this subsection. . 3. Moving Medicare cost-sharing benefits from Medicaid to Medicare (a) Ending most Medicare cost-Sharing benefits under Medicaid Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) ) is amended— (1) by inserting for calendar quarters beginning before January 1, 2023, before for making each place it appears in clauses (i), (iii), and (iv) of subparagraph (E); and (2) in the matter following subparagraph (G)— (A) by inserting furnished during calendar quarters beginning before January 1, 2023 after (described in section 1905(p)(3)) ; (B) by striking (XV) and inserting , (XV) ; (C) by striking and (XVIII) and inserting , (XVIII) ; and (D) by inserting , and (XIX) no medical assistance for medicare cost-sharing, other than medical assistance for medicare cost-sharing for qualified disabled and working individuals described in section 1905(s), shall be made available after January 1, 2023 before the semicolon at the end. (b) Conforming amendments (1) Title XIX (A) Section 1903(i) of such Act ( 42 U.S.C. 1396b(i) ) is amended— (i) in paragraph (26), by striking ; and and inserting a semicolon; (ii) in paragraph (27), by striking the period at the end and inserting ; and ; and (iii) by inserting after paragraph (27) the following new paragraph: (28) with respect to any amount expended for medical assistance for medicare cost-sharing (other than medical assistance for medicare cost-sharing for qualified disabled and working individuals described in section 1905(s)) furnished during calendar quarters beginning on or after January 1, 2023. . (B) Section 1905(a) of such Act ( 42 U.S.C. 1396d(a) ) is amended, in the first sentence, by inserting furnished during calendar quarters beginning before January 1, 2023 after medicare cost-sharing . (C) Section 1933(g) of such Act ( 42 U.S.C. 1396u–3(g) ) is amended— (i) in paragraph (2)(Q), by striking paragraph (4), for each subsequent year and inserting paragraphs (4) and (5), for each subsequent year before 2023 ; and (ii) by adding at the end the following: (5) Sunset No individual shall be selected to be a qualifying individual for any calendar year or period under this section beginning on or after January 1, 2023, and no State allocation shall be made for any fiscal year or period under this section beginning on or after January 1, 2023. . (D) Section 1935(a) of such Act ( 42 U.S.C. 1396u–5(a) ) is amended— (i) in paragraph (2), by striking make determinations and inserting prior to January 1, 2023, make determinations ; and (ii) in paragraph (3), by inserting prior to January 1, 2023, before the State shall . (2) Title XI Section 1144 of the Social Security Act ( 42 U.S.C. 1320b–14 ) is amended— (A) in subsection (a)— (i) in paragraph (1)(A)— (I) by striking sections 1902(a)(10)(E) and 1933 and inserting section 1902(a)(10)(E) and (prior to January 1, 2023) section 1933 ; (II) by striking for the transitional assistance under section 1860D–31(f), or and inserting a comma; and (III) by inserting , or for Medicare premium and cost-sharing assistance under section 1899B (in the case of months beginning on or after January 1, 2023) before the semicolon; and (ii) by striking paragraph (2) and inserting the following: (2) Content of notice Any notice furnished under paragraph (1) shall state that eligibility for such medical assistance, subsidies, or program is conditioned upon meeting the applicable eligibility criteria. ; (B) in subsection (b)(1)(A)— (i) by striking sections 1902(a)(10)(E) and 1933 and inserting section 1902(a)(10)(E) and (prior to January 1, 2023) section 1933 ; (ii) by striking for transitional assistance under section 1860D–31(f), or ; and (iii) by inserting , or for Medicare premium and cost-sharing assistance under section 1899B before the semicolon; and (C) in subsection (c)— (i) in paragraph (1)(B), by inserting , and (beginning January 1, 2023,) provide an application for enrollment under the Medicare Savings Program before the period; (ii) in paragraph (2), in the paragraph header, by inserting medicare savings program application and before lis application ; and (iii) in paragraph (7), by striking means the program of medical assistance and all that follows through the period and inserting “means— (A) prior to January 1, 2023, the program of medical assistance for payment of the cost of medicare cost-sharing under the Medicaid program pursuant to sections 1902(a)(10)(E) and 1933; and (B) beginning January 1, 2023, the program for medical assistance for payment of the cost of medicare cost-sharing for qualified disabled and working individuals described in section 1905(s) pursuant to section 1902(a)(10)(E)(ii) and medicare premium and cost-sharing assistance provided under section 1899B. . (c) Ensuring that Medicare cost-Sharing beneficiaries under Medicaid receive Medicare cost assistance Not later than June 1, 2022, the Secretary of Health and Human Services and the Commissioner of Social Security shall jointly develop and implement a transition plan to ensure that all individuals who are eligible for and are receiving medical assistance for the payment of medicare cost-sharing under a State Medicaid program pursuant to clauses (i), (iii), and (iv) of section 1902(a)(10)(E) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(E) ) as of December 31, 2022, receive Medicare cost assistance under section 1899B of such Act, as added by section 2, as of January 1, 2023. 4. Enhancing prescription drug affordability by expanding access to assistance with out-of-pocket costs under Medicare part D for low-income seniors and individuals with disabilities (a) Expanding access Section 1860D–14 of the Social Security Act ( 42 U.S.C. 1395w–114 ) is amended— (1) in subsection (a)— (A) in the heading, by striking 150 percent and inserting 200 percent ; (B) in paragraph (1)— (i) in the heading, by striking 135 percent and inserting 200 percent ; and (ii) in the matter preceding subparagraph (A)— (I) by striking 135 percent and inserting 200 percent ; and (II) by striking and who meets the resources requirement described in paragraph (3)(D) or who is covered under this paragraph under paragraph (3)(B)(i) and inserting or who is covered under this paragraph under paragraph (3)(B)(v) ; (C) by striking paragraph (2); (D) in paragraph (3)— (i) in subparagraph (A)— (I) in clause (i), by adding and at the end; (II) in clause (ii)— (aa) by striking 150 percent and inserting 200 percent ; and (bb) by striking ; and at the end and inserting a period; and (III) by striking clause (iii); (ii) by striking subparagraphs (B) and (C) and inserting the following: (B) Determinations For provisions relating to joint determinations with respect to eligibility for Medicare cost assistance under section 1899B and premium and cost-sharing subsidies under this section, see section 1899B(b)(2). (C) Income determinations For purposes of applying this section— (i) in the case of an individual who is not treated as a Medicare cost-sharing assistance eligible individual and a subsidy eligible individual under section 1899B(b)(2)(D), income shall be determined in the manner described under section 1612 for purposes of the supplemental security income program, except that support and maintenance furnished in kind shall not be counted as income; and (ii) the term poverty line has the meaning given such term in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by such section. . (iii) by striking subparagraphs (D), (E), and (G); and (E) in paragraph (4), by striking subparagraph (B); and (2) in subsection (c)(1), in the second sentence, by striking subsections (a)(1)(D) and (a)(2)(E) and inserting subsection (a)(1)(D) . (b) Treatment of reduction of cost-Sharing for individuals receiving home and community based services Section 1860D–14(a)(1)(D) of the Social Security Act ( 42 U.S.C. 1395w–114(a)(1)(D) ) is amended— (1) by striking who would be such an institutionalized individual or couple, if the full-benefit dual eligible individual were not ; and (2) by striking or subsection (c) or (d) of section 1915 or under a State plan amendment under subsection (i) of such section and inserting , section 1115A, section 1915, or under a State plan amendment . (c) Effective date The amendments made by this section shall apply to plan year 2023 and subsequent plan years. | https://www.govinfo.gov/content/pkg/BILLS-117s1844is/xml/BILLS-117s1844is.xml |
117-s-1845 | II 117th CONGRESS 1st Session S. 1845 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for pay and allowances for members of the Coast Guard during a funding gap, to provide full funding to address the shoreside facility maintenance and recapitalization backlog of the Coast Guard, and to diversify the Coast Guard, and for other purposes.
1. Short title This Act may be cited as the Unwavering Support for our Coast Guard Act or the USCG Act . 2. Findings Congress makes the following findings: (1) The Coast Guard saves individuals in peril, thwarts illicit and coercive maritime activities, and fosters economic prosperity and environmental stewardship. (2) The Coast Guard is at all times a branch of the Armed Forces of the United States. (3) Additionally, the Coast Guard is a Federal law enforcement agency, a regulatory body, a first responder, and a member of the United States intelligence community. (4) With its unique mission set and authorities, the Coast Guard has a key role in addressing emerging national priorities in the United States and across the globe. (5) The Coast Guard is deployed worldwide. The white-hull diplomacy of the Coast Guard is essential to United States security. (6) Domestically, the Coast Guard keeps the waterways of the United States open and commerce moving smoothly by ensuring marine safety and maintaining aids to navigation. (7) Last year, the Coast Guard responded to 16,845 search and rescue cases and saved 4,286 lives. (8) The Coast Guard has admirably performed its missions with a fleet of aging vessels, aircraft, and facilities. The Coast Guard deserves Congress’s strong and full support for the recapitalization of its assets. 3. Pay and allowances for certain members of the Coast Guard during funding gap (a) In general During a funding gap, the Secretary of the Treasury shall make available to the Secretary of Homeland Security, out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the Secretary of Homeland Security determines to be necessary to continue to provide, without interruption, pay and allowances to members of the Coast Guard, including reserve components thereof, who perform active service during the funding gap. (b) Funding gap defined In this section, the term funding gap means any period after the beginning of a fiscal year for which interim or full-year appropriations for the personnel accounts of the Coast Guard have not been enacted. 4. Full funding for shoreside facility maintenance and recapitalization (a) Statement of policy It shall be the policy of the United States to provide, on the earliest date practicable, full funding to address the shoreside facility maintenance and recapitalization backlog of the Coast Guard. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of Homeland Security to eliminate the shoreside facility maintenance and recapitalization backlog of the Coast Guard $2,600,000,000 for fiscal years 2022 through 2030. 5. Fleet mix analysis (a) In general The Commandant of the Coast Guard (referred to in this Act as the Commandant ) shall conduct an updated fleet mix analysis that provides for a fleet mix sufficient, as determined by the Commandant— (1) to carry out— (A) the missions of the Coast Guard; and (B) emerging mission requirements; and (2) to address— (A) national security threats; and (B) the global deployment of the Coast Guard to counter great power competitors. (b) Report Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to Congress a report on the results of the updated fleet mix analysis required by subsection (a). 6. Shore infrastructure investment plan (a) In general The Commandant shall develop an updated shore infrastructure investment plan that includes— (1) the construction of additional facilities to accommodate the updated fleet mix described in section 5(a); (2) improvements necessary to ensure that existing facilities meet requirements and remain operational for the lifespan of such fleet mix, including necessary improvements to information technology infrastructure; (3) a timeline for the construction and improvement of the facilities described in paragraphs (1) and (2); and (4) a cost estimate for construction and life-cycle support of such facilities, including for necessary personnel. (b) Report Not later than 1 year after the date on which the report under section 5(b) is submitted, the Commandant shall submit to Congress a report on the plan required by subsection (a). 7. Partnership program to diversify the Coast Guard (a) Establishment The Commandant shall establish a program for the purpose of increasing the number of underrepresented minorities in the enlisted ranks of the Coast Guard. (b) Partnerships In carrying out the program established under subsection (a), the Commandant shall— (1) seek to enter into 1 or more partnerships with eligible entities— (A) to increase the visibility of Coast Guard careers; (B) to promote curriculum development— (i) to enable acceptance into the Coast Guard; and (ii) to improve success on relevant exams, such as the Armed Services Vocational Aptitude Battery; and (C) to provide mentoring for students entering and beginning Coast Guard careers; and (2) enter into a partnership with an existing Junior Reserve Officers' Training Corps for the purpose of promoting Coast Guard careers. (c) Eligible institution defined In this section, the term eligible institution means— (1) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); (2) an institution that provides a level of educational attainment that is less than a bachelor's degree; (3) a part B institution (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )); (4) a Tribal College or University (as defined in section 316(b) of that Act ( 20 U.S.C. 1059c(b) )); (5) a Hispanic-serving institution (as defined in section 502 of that Act ( 20 U.S.C. 1101a )); (6) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (7) a Predominantly Black institution (as defined in section 371(c) of that Act ( 20 U.S.C. 1071q(c) )); (8) an Asian American and Native American Pacific Islander-serving institution (as defined in such section); and (9) a Native American-serving nontribal institution (as defined in such section). 8. Coast Guard yard resiliency (a) Findings Congress makes the following findings: (1) For over a century, Coast Guard vessels have been built, repaired, and renovated in the Coast Guard Yard (referred to in this section as the Yard ) in Baltimore, Maryland. (2) As 1 of only 5 remaining public shipyards in the United States, the Yard provides a unique capability to support the Coast Guard and the national fleet, including the National Oceanic and Atmospheric Administration, the Navy, the Army, and other Government agencies. (3) The Yard is an essential component of the core industrial base and fleet support operations of the Coast Guard, and its primary mission is to renovate, maintain, and repair Coast Guard vessels. (4) The Coast Guard is in the midst of recapitalizing its surface fleet by replacing smaller vessels with larger, more capable assets. Until recently, the Yard provided the Coast Guard with the organic capacity to service every vessel in the Coast Guard fleet, except polar icebreakers. (5) With the acquisition of the National Security Cutter and the projected acquisition of the Offshore Patrol Cutter, the Coast Guard will no longer have the organic capacity to service every vessel in the Coast Guard fleet. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of Homeland Security to improve the infrastructure of the Coast Guard public shipyard $350,000,000. | https://www.govinfo.gov/content/pkg/BILLS-117s1845is/xml/BILLS-117s1845is.xml |
117-s-1846 | II 117th CONGRESS 1st Session S. 1846 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Cornyn (for himself, Mr. Casey , Mr. Warner , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require a review and controls on the export of items with critical capabilities to enable human rights abuses.
1. Short title This Act may be cited as the Surveillance and free speech Protection Enhancement in Export controls for Censorship and Human rights Act of 2021 or the SPEECH Act of 2021 . 2. Review and controls on export of items with critical capabilities to enable human rights abuses (a) Statement of policy It is the policy of the United States to use export controls to the extent necessary to further the protection of internationally recognized human rights. (b) Review of items with critical capabilities To enable human rights abuses Not later than 180 days after the date of the enactment of this Act, and as appropriate thereafter, the Secretary, in coordination with the Secretary of State, the Director of National Intelligence, and the heads of other Federal agencies as appropriate, shall conduct a review of items subject to controls for crime control reasons pursuant to section 742.7 of the Export Administration Regulations. (c) Controls In furtherance of the policy set forth in subsection (a), not later than 60 days after completing the review required by subsection (b), the Secretary, in coordination with the heads of other Federal agencies as appropriate, shall determine whether additional export controls are needed to protect human rights, including whether— (1) controls for crime control reasons pursuant to section 742.7 of the Export Administration Regulations should be imposed on additional items, including items with critical capabilities to enable human rights abuses involving— (A) censorship or social control; (B) surveillance, interception, or restriction of communications; (C) monitoring or restricting access to or use of the internet; (D) identification of individuals through facial or voice recognition or biometric indicators; or (E) DNA sequencing; or (2) end-use and end-user controls should be imposed on the export, reexport, or in-country transfer of certain items with critical capabilities to enable human rights abuses that are subject to the Export Administration Regulations if the person seeking to export, reexport, or transfer the item has knowledge, or the Secretary determines and so informs that person, that the end-user or ultimate consignee will use the item to enable human rights abuses. (d) Cooperation of other agencies Upon request from the Secretary, the head of a Federal agency shall provide full support and cooperation to the Secretary in carrying out this section. (e) International coordination on controls To protect human rights It shall be the policy of the United States to seek to secure the cooperation of other governments to impose export controls that are consistent, to the extent possible, with the controls imposed under this section. (f) Conforming amendment Section 1752(2)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811(2)(A) ) is amended— (1) in clause (iv), by striking ; or and inserting a semicolon; (2) in clause (v), by striking the period and inserting ; or ; and (3) by adding at the end the following: (vi) serious human rights abuses. . (g) Definitions In this section: (1) End-user; knowledge; ultimate consignee The terms end-user , knowledge , and ultimate consignee have the meanings given those terms in section 772.1 of the Export Administration Regulations. (2) Export; export administration regulations; in-country transfer; item; reexport The terms export , Export Administration Regulations , in-country transfer , item , and reexport have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ). (3) Secretary The term Secretary means the Secretary of Commerce. | https://www.govinfo.gov/content/pkg/BILLS-117s1846is/xml/BILLS-117s1846is.xml |
117-s-1847 | II 117th CONGRESS 1st Session S. 1847 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Kaine (for himself 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 amend the Higher Education Act of 1965 to establish a community college and career training grant program.
1. Short title This Act may be cited as the Assisting Community Colleges in Educating Skilled Students to Careers Act of 2021 or the ACCESS to Careers Act of 2021 . 2. Community college and career training grant program Part C of title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161c et seq.) is amended to read as follows: C Community college and career training grant program 803. Community college and career training grant program (a) Purposes The purposes of this section include the following: (1) To increase the number of students who attain postsecondary credentials in high-skill, high-wage, or in-demand industry sectors or occupations. (2) To increase the degree to which postsecondary education meets the skill needs of employers in high-skill, high-wage, or in-demand industry sectors or occupations. (3) To assist the Nation’s community colleges and technical colleges, through grants to eligible institutions, consortia of eligible institutions, and States, to develop, improve, and scale evidence-based strategies and delivery structures and that best meet the skill needs of students and employers. (b) Definitions In this section: (1) WIOA definitions The terms career pathway , individual with a barrier to employment , industry or sector partnership , integrated education and training , local board , State board , in-demand industry sector or occupation , and recognized postsecondary credential have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (2) Apprenticeship program The term apprenticeship program means a program under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (3) Community college partnership The term community college partnership means a partnership of private and public sector entities which— (A) shall include a community college, a local or regional employer representing an in-demand industry sector or occupation, and a State board or local board; and (B) may include an industry or sector partnership, a local educational agency, an entity with experience in providing employment, education, or support services relevant to student populations receiving services under this section (such as a community-based organization), a provider of adult education (as defined in section 203 of the Adult Education and Family Literacy Act), or an institution of higher education. (4) Consortium of eligible institutions The term consortium of eligible institutions means a consortium that includes 3 or more eligible institutions. (5) Education and career training program The term education and career training program means— (A) a career pathway program that leads to a recognized postsecondary credential; or (B) a program that utilizes integrated education and training strategies and leads to a recognized postsecondary credential. (6) Eligible institution The term eligible institution means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate degree, including a 2-year Tribal College or University (as defined in section 316). (7) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. (8) Work-based learning The term work-based learning means sustained interactions with industry or community professionals in real workplace settings, to the extent practicable, or simulated environments at an eligible institution that foster in-depth, firsthand engagement with the tasks required in a given career field, that are aligned to curriculum and instruction. (c) Authorization of appropriations and administrative provisions (1) Grants to eligible institutions and consortia of eligible institutions There are authorized to be appropriated to carry out subsection (d), such sums as may be necessary for fiscal year 2022 and each of the 5 succeeding fiscal years. (2) Grants to States There are authorized to be appropriated to carry out subsection (e), such sums as may be necessary for fiscal year 2022 and each of the 5 succeeding fiscal years. (3) National activities For each fiscal year, the Secretary shall reserve 5 percent of the amount appropriated to carry out subsection (d) and 5 percent of the amount appropriated to carry out subsection (e) to carry out subsection (g). (4) Limitations An eligible institution, consortium of eligible institutions, or State may not receive more than one grant under this section as a primary applicant. (5) Duration Each grant awarded under this section shall be for a period of not more than 5 years. (6) Priority In awarding grants under this section, the Secretary shall give priority to applicants based on the extent to which the applicant— (A) leverages resources other than the funds provided under this section to support the activities carried out under this section; and (B) can continue to sustain or expand such activities after the expiration of the grant. (d) Grants to eligible institutions and consortia of eligible institutions (1) In general (A) Authorization From funds authorized under subsection (c)(1), the Secretary shall award, on a competitive basis, grants of not more than $1,500,000 to eligible institutions, and not more than $5,000,000 to consortia of eligible institutions, to assist such institutions in establishing and scaling education and career training programs consistent with the provisions of this subsection. (B) Priority In awarding grants under this subsection, the Secretary shall give priority, in addition to the priorities specified in subsection (c)(6), to applicants that— (i) will serve individuals with barriers to employment, veterans, spouses of members of the Armed Forces, Native American Indians, Alaska Natives, Native Hawaiians, or incumbent workers who are low-skilled and who need to increase their employability skills; (ii) will serve individuals from each major racial and ethnic group or gender with lower than average educational attainment in the State or employment in the in-demand industry sector or occupation; (iii) will serve areas with high unemployment rates or high levels of poverty, including rural areas; or (iv) will increase access to education and career training programs that meet the needs of regional employers in in-demand industry sectors or occupations. (2) Application An eligible institution or consortium of eligible institutions seeking a grant under this subsection shall submit an application containing a grant proposal for an education and career training program to the Secretary at such time and containing such information as the Secretary determines is required, including a detailed description of— (A) the community college partnership, including the roles and responsibilities of each partner; (B) the education and career training programs that will be supported under the grant, including a description of high-skill, high-wage or in-demand industry sectors or occupations that will be targeted and the recognized postsecondary credentials to be awarded; (C) quantitative data and evidence that demonstrates the extent to which the program supported under the grant will meet the skilled worker needs of employers in the geographic area served by the grant; (D) the extent to which the education and career training programs described in the grant proposal align with a statewide or regional workforce development strategy, including those established under the Workforce Innovation and Opportunity Act and the Carl D. Perkins Career and Technical Education Act of 2006; (E) the extent to which the eligible institution, or consortium, can leverage additional resources and the future sustainability of the education and career training programs supported under the grant; (F) how the education and career training programs offered under the grant will include evidence-based practices; (G) the student populations that will be served under the grant, including an analysis of any barriers to employment or barriers to postsecondary education that such populations face and an analysis of how the services to be provided under the grant will address those barriers; (H) any previous experience of the eligible institution, or consortium, in providing programs, the absence of which shall not automatically disqualify the applicant from receiving a grant under this section; (I) the extent to which the eligible institution, or consortium, plan to enroll and support students who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV; and (J) other information the Secretary may require of the eligible institution or consortium. (3) Use of funds (A) Support and emergency services Not less than 25 percent of the grant funds awarded to an eligible institution or a consortium of eligible institutions under this subsection shall be used to carry out student support services which may include the following: (i) Childcare, transportation, mental health and substance use disorder treatment, assistance in obtaining health insurance coverage, and assistance in accessing the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.), the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ), housing, and other benefits, as appropriate. (ii) Connecting students to State or Federal means-tested benefits programs, including means-tested Federal benefits programs, as defined in section 479(d). (iii) The provision of direct financial assistance to help students facing financial hardships that may impact enrollment in or completion of an education and career training program, or a work-based learning program. (iv) Navigation and case management services, including providing information and outreach to target populations to take part in education and career training programs, or work-based learning programs. (B) Required program activities The grant funds awarded to an eligible institution or a consortium of eligible institutions under this subsection that remain after the eligible institution or consortium carries out subparagraph (A) shall be used to carry out 2 or more of the following activities: (i) Developing and expanding education and career training programs through a community college partnership for high-skill, high-wage, or in-demand industry sectors and occupations, which may include— (I) apprenticeship programs; (II) work-based learning opportunities; and (III) paid internships. (ii) Establishing policies and processes for assessing and awarding course credit for prior learning. (iii) Developing and expanding programs that accelerate learning and recognized postsecondary credential attainment, including competency-based education, corequisite remediation, and other strategies for acceleration. (iv) Developing and expanding efficient career pathways to credentials, including the development of stackable credentials and integrated education and training strategies. (v) Developing and expanding dual or concurrent enrollment programs or early college high school programs for secondary students or disconnected youth. (vi) Planning and implementing formalized agreements between the eligible institution or consortium and other partners in the community college partnership. (vii) Working with local boards on the use of labor market information for making program decisions. (viii) Engaging employers in the development of programs and curricula. (ix) Acquiring equipment necessary to support education and career training activities permitted under this section. (x) Carrying out any other activities identified by the eligible institution or consortium as necessary to increase institutional capacity, as long as such activities are clearly outlined in the application and approved by the Secretary. (4) Maximum amount for equipment An eligible institution or consortium of eligible institutions that receives a grant under this subsection may use not more than 30 percent of the grant funds to carry out paragraph (3)(B)(ix). (e) Grants to States (1) In general (A) Authorization From funds authorized under subsection (c)(2), the Secretary shall award grants to States, on a competitive basis, to assist in establishing statewide systemic reforms that result in student success and system relevance and in supporting and scaling education and career training programs, consistent with the provisions of this subsection. (B) Grant amounts The Secretary shall make grants to eligible States of not less than $2,500,000 and not more than $10,000,000 for a 4-year grant period. (C) Priority In awarding grants under this subsection, the Secretary shall give priority, in addition to the priorities specified in subsection (c)(6), to applicants that— (i) will serve individuals with barriers to employment, veterans, spouses of members of the Armed Forces, or incumbent workers who need to increase their employability skills; (ii) will serve areas with high unemployment rates or high levels of poverty, including rural areas, including by awarding subgrants under paragraph (3)(B); and (iii) will increase access to education and career training programs that meet the needs of regional employers in in-demand industry sectors or occupations. (2) State application To receive a grant under this subsection, 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. Such application shall be developed in consultation with the State board. At a minimum, each State application shall include— (A) a description of how the State is implementing or has a plan to implement— (i) a statewide longitudinal data system built upon student outcome data, including labor market outcomes by institution, program, and subpopulation of interest, with information made available to the public in easy-to-understand formats; (ii) statewide policies to develop and expand articulation agreements and policies that guarantee transfers between institutions, including through common course numbering and use of a general core curriculum; (iii) statewide policies to support the development of articulation agreements between non-credit and credit-bearing courses at State postsecondary education institutions; (iv) statewide policies to support the expansion of high-quality dual or concurrent enrollment programs and early college high school programs; (v) statewide policies to support the expansion of education and career training programs in in-demand industry sectors or occupations; (vi) statewide policies to support the expansion of career pathway programs, including the development of stackable credentials; (vii) statewide policies to support the expansion of work-based learning opportunities, including apprenticeship programs; (viii) statewide policies to increase educational attainment among major racial and ethnic groups with below average educational attainment in the State; (ix) statewide policies that encourage the development and implementation of accelerated learning strategies, including competency-based education, credit for prior learning, and other strategies for supporting students’ pathways to credential attainment; and (x) statewide policies to increase alignment between workforce, postsecondary, poverty alleviation, and economic development systems in the State; and (B) a description of the State’s plan to— (i) use funds received under this subsection and the State’s leveraged funds to carry out statewide activities described in the State’s application under subparagraph (A); (ii) support community college partnerships in implementing or scaling the activities described in and consistent with the requirements of subsection (d); (iii) provide technical assistance and support to subgrantees; (iv) align with statewide or regional workforce development strategies in place in the geographic area served under the grant, including those established under the Workforce Innovation and Opportunity Act and the Carl D. Perkins Career and Technical Education Act of 2006; (v) measure the performance of subgrantees, including a description of how the State will work with subgrantees to track and report on the primary indicators of performance described under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act; and (vi) enroll and support students who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV. (3) State uses of funds (A) Statewide activities A State that receives a grant under this subsection may reserve not more than 20 percent of the grant funds for statewide activities described paragraph (2)(A) that support the purposes of the grant, which may include technical assistance, professional development, activities to scale best practices, and other activities required to carry out the functions described under paragraph (2)(A). (B) Subgrants for community college partnerships A State that receives a grant under this subsection shall use not less than 80 percent of the grant funds to award subgrants to eligible community college partnerships to support the implementation and scaling of activities described under subsection (d)(3) that are consistent with the requirements of subsection (d). (f) Reporting requirements (1) Reports Each eligible institution, consortium of eligible institutions, or State receiving a grant under this section shall report to the Secretary annually. (2) Contents The report shall include— (A) the activities carried out with grant funds, including activities carried out directly by the eligible institution, consortium, or State and activities carried out by any partner organizations; (B) data on the population served with grant funds, including on indicators of performance, as described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act; and (C) resources leveraged by the eligible institution, consortium, or State to support activities under this section. (g) National activities (1) National evaluations Not later than 5 months after the data of enactment of the Assisting Community Colleges in Educating Skilled Students to Careers Act of 2021 , the Secretary shall seek to enter into a contract with an independent third party entity to perform an evaluation of the grants awarded under this section. Such evaluation shall apply rigorous procedures to obtain valid and reliable data concerning the effect of strategies and delivery structures implemented through education and career training programs on student outcomes, including labor market outcomes. Lessons learned through this evaluation shall be combined with lessons learned through the implementation of the Trade Adjustment Assistance Community College and Career Training Grant Program, as authorized under chapter 4 of title II of the Trade Act of 1974 ( 19 U.S.C. 2371 et seq.), and reported to Congress as described in paragraph (3). (2) Technical assistance The Secretary shall provide technical assistance to States and to eligible institutions, applying lessons learned from earlier grants awarded through the Trade Adjustment Assistance Community College and Career Training Grant Program, as authorized under chapter 4 of title II of the Trade Act of 1974 ( 19 U.S.C. 2371 et seq.), as well as from evidence gained through the Community College Career Training grant program. (3) Annual report The Secretary shall submit an annual report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives— (A) describing each grant awarded under this section during the preceding fiscal year; (B) assessing the impact of each award of a grant under this section in a fiscal year preceding the fiscal year referred to in subparagraph (A) on the population served by the grant; and (C) providing data relating to program performance and student outcomes, diaggregated by major racial and ethnic groups and by gender. (4) Administrative costs Not more than 5 percent of the amounts made available under subsection (c)(3) may be used by the Secretary for Federal administration of the program under this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s1847is/xml/BILLS-117s1847is.xml |
117-s-1848 | II 117th CONGRESS 1st Session S. 1848 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mrs. Gillibrand (for herself, Ms. Cortez Masto , Mr. Markey , Ms. Baldwin , Mr. Wyden , Mr. Brown , Ms. Smith , Mr. Carper , Mr. Bennet , Mr. Blumenthal , Ms. Duckworth , Ms. Klobuchar , Mr. Kaine , Mr. Menendez , Ms. Warren , Mr. Van Hollen , Mrs. Feinstein , Ms. Cantwell , Mr. Booker , Mr. King , Mr. Murphy , Mr. Padilla , Ms. Rosen , Mrs. Shaheen , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit discrimination on the basis of religion, sex (including sexual orientation and gender identity), and marital status in the administration and provision of child welfare services, to improve safety, well-being, and permanency for lesbian, gay, bisexual, transgender, and queer or questioning foster youth, and for other purposes.
1. Short title This Act may be cited as the John Lewis Every Child Deserves a Family Act . 2. Findings and purpose (a) Findings Congress finds the following: (1) Every child or youth unable to live with their family of origin is entitled to a supportive and affirming foster care placement. Federal law requires, and child welfare experts recommend, that children and youth be placed with a family or in the most family-like setting available. (2) Thousands of children and youth lack a stable, safe, and loving temporary or permanent home and have been placed in a congregate care setting, which is associated with more placements, poorer educational outcomes, and greater risk of further trauma. More homes are needed to accommodate the growing number of children and youth involved with child welfare services. (3) On the last day of fiscal year 2019, there were an estimated 424,000 children and youth in the United States foster care system, and 122,000 were waiting to be adopted. Tragically, approximately 20,000 aged out of the child welfare system without a forever family, placing them at higher risk of negative outcomes including poverty, homelessness, incarceration, and early parenthood. (4) Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.) protects people from discrimination based on race, color, or national origin in programs, activities, and services administered or performed by child welfare agencies. Eliminating discrimination in child welfare based on religion, sex (including sexual orientation and gender identity), and marital status would increase the number and diversity of foster and adoptive homes able to meet the individual needs of children and youth removed from their homes. (5) Lesbian, gay, bisexual, transgender, and queer or questioning (referred to in this Act as LGBTQ ) youth are overrepresented in the foster care system by at least a factor of 2, comprising at least 30 percent of children and youth in foster care. These numbers are higher for transgender and nonbinary youth compared to their cisgender LGBQ counterparts. (A) While some LGBTQ youth enter foster care for similar reasons as non-LGBTQ youth, the 2 most common reasons for LGBTQ youth are high rates of physical abuse and conflict with parents. (B) LGBTQ foster youth report twice the rate of poor treatment while in care experienced by foster youth who do not identify as LGBTQ and are more likely to experience discrimination, harassment, and violence in the child welfare system than their LGBTQ peers not in the child welfare system. (C) Because of high levels of bias, LGBTQ foster youth have a higher average number of placements and higher likelihood of living in a group home than their non-LGBTQ peers, negatively affecting mental health outcomes and long-term prospects. (D) Approximately 28 percent of homeless youth with histories of time in foster care identified as LGBTQ and were significantly more likely to experience 7 of 8 adverse events, such as being physically harmed, or being stigmatized or discriminated against, compared to their peers with no foster care history. (E) LGBTQ youth in foster care had nearly 3 times greater odds of reporting a past-year suicide attempt compared to LGBTQ youth who were never in foster care (35 percent for those youth in foster care as compared to 13 percent for those youth who were never in foster care). These numbers were even higher for LGBTQ foster youth of color (38 percent) and highest for transgender and nonbinary foster youth (45 percent). (F) LGBTQ youth who had been in foster care had over 3 times greater odds of being kicked out, abandoned, or running away due to treatment based on their LGBTQ identity compared to those who were never in foster care (27 percent for those youth who had been in foster care as compared to 8 percent for those youth who had never been in foster care). These numbers were higher for LGBTQ foster youth of color (30 percent) and transgender and non-binary foster youth (40 percent). (6) Conversion therapy is a form of discrimination that harms LGBTQ people. It undermines an individual’s sense of self-worth, increases suicide ideation and substance abuse, exacerbates family conflict, and contributes to second-class status. No scientifically valid evidence supports this discredited practice, which is prohibited by many States and foreign nations. Approximately 350,000 LGBTQ adults were subjected to so-called conversion therapy as adolescents, and an estimated 16,000 LGBTQ youth ages 13 to 17 will be subjected to it by a licensed health care professional before age 18. (7) Many youth, especially LGBTQ youth, involved with child welfare services identify with a cross-section of marginalized communities. Youth of color are overrepresented in the foster care system, and the majority of LGBTQ foster youth are youth of color. Children and youth with multiple marginalized identities often experience more stress and trauma than other youth, compounding the negative effects of discrimination and increasing the likelihood of negative outcomes. (8) Prospective parents who experience the heartbreak and dignitary harm of discrimination based on religion, sex (including sexual orientation and gender identity), or marital status may not be able or willing to apply at another agency, resulting in fewer available homes, and knowing that discrimination exists may deter them from even attempting to foster or adopt. (9) Professional organizations that serve children in the fields of medicine, psychology, law, and child welfare oppose discrimination against prospective parents in adoption and foster care. (10) Religious organizations play a critical role in providing child welfare services. Most welcome all children, youth, and families and affirm a diversity of religions and faiths. State assessments, planning, and counseling should connect children and youth for whom spirituality and religion are important with affirming, faith-based resources consistent with the faith of the child or youth. (11) Child welfare agencies that refuse to serve same-sex couples and LGBTQ individuals reduce the pool of qualified and available homes for children and youth who need placement on a temporary or permanent basis. (A) Same-sex couples are 7 times more likely to foster and adopt than their different-sex counterparts. (B) Same-sex couples raising adopted children tend to be older than, just as educated as, and have access to the same economic resources as other adoptive parents. (C) Research shows that sexual orientation is a nondeterminative factor in parental success and that children with same-sex parents have the same advantages and expectations for health, social, and psychological development as children whose parents are different-sex. (D) Discrimination against qualified prospective foster and adoptive parents for non-merit related reasons denies religious minority, LGBTQ, and unmarried relatives the opportunity to become foster and adoptive parents for their own kin in care, including grandchildren. (12) LGBTQ families of origin are at risk for discrimination in child welfare referrals, investigations, removals, reunification, kinship placements, and other case management services. A study of low-income African-American mothers showed that those who identified as lesbian or bisexual were 4 times more likely than their non-LGBTQ counterparts to lose custody of their children in child welfare proceedings. LGBTQ-positive services are necessary to shield families and protect parents’ rights to reunification. (13) Single people are more likely than couples to experience challenges in adopting due to biases that persist against single-parent adoption. During fiscal year 2019, 29 percent of adoptions from foster care were completed by unmarried single people, including adoptions by some 2200 single men and more than 16,800 single women. Studies show that the outcomes for children adopted and raised by single parents are just as good as, if not better than, outcomes for children adopted by couples. (14) More nationwide data about the experiences of LGBTQ children and youth involved with child welfare services is needed to understand fully the extent and impact of discrimination and ensure accountability. States must report and researchers must collect this sensitive data in an ethical, affirming, and non-intrusive manner, with appropriate safeguards to protect respondents. (b) Purpose The purposes of this Act are— (1) to prohibit discrimination on the basis of religion, sex (including sexual orientation and gender identity), and marital status in the administration and provision of child welfare services that receive Federal funds; and (2) to improve safety, well-being, and permanency for LGBTQ children and youth involved with child welfare services. 3. Every child deserves a family (a) Prohibition No child or youth involved with child welfare services, family, or individual shall, on the grounds of religion, sex (including sexual orientation and gender identity), or marital status, be excluded from participation in, denied the benefits of, or be subjected to discrimination in the administration or provision of child welfare programs and services by a covered entity. (b) Private right of action Any individual who is aggrieved by a violation of this Act may bring a civil action seeking relief in an appropriate United States district court. The court shall award a plaintiff prevailing in such an action all appropriate relief, including injunctive, declaratory, and other equitable relief necessary to carry out this Act, attorneys’ fees, and such other relief as the court determines appropriate. (c) Federal guidance Not later than 6 months after the date of the enactment of this Act, the Secretary shall publish and disseminate guidance with respect to compliance with this Act. (d) Technical assistance In order to ensure compliance with and understanding of the legal, practice, and cultural changes required by this Act, the Secretary shall provide technical assistance to all covered entities, including— (1) identifying State laws and regulations inconsistent with this Act, and providing guidance and training to ensure the State laws and regulations are brought into compliance with this Act by the applicable compliance deadline in effect under subsection (h); (2) identifying casework practices and procedures inconsistent with this Act and providing guidance and training to ensure the practices and procedures are brought into compliance with this Act by the applicable compliance deadline; (3) providing guidance in expansion of recruitment efforts to ensure consideration of all prospective adoptive and foster parents regardless of the religion, sex (including sexual orientation and gender identity), or marital status of the prospective parent; (4) creating comprehensive cultural competency training for covered entities and prospective adoptive and foster parents; and (5) training judges and attorneys involved in foster care, guardianship, and adoption cases on the findings and purposes of this Act. (e) Service delivery and training (1) In general A covered entity shall provide service delivery to children and youth involved with child welfare services, families, and adults, and staff training, that— (A) comprehensively addresses the individual strengths and needs of children and youth involved with child welfare services; and (B) is language appropriate, gender appropriate, and culturally sensitive and respectful of the complex social identities of the children and youth, families, and adults currently or prospectively participating in or receiving child welfare services. (2) Social identity In this subsection, the term social identity includes an individual’s race, ethnicity, nationality, age, religion (including spirituality), sex (including gender identity and sexual orientation), socioeconomic status, physical or cognitive ability, language, beliefs, values, behavior patterns, and customs. (f) Data collection Using developmentally appropriate best practices, the Secretary shall collect data through the Adoption and Foster Care Analysis and Reporting System on— (1) the sexual orientation and gender identity of children and youth involved with child welfare services and foster and adoptive parents; and (2) whether family conflict related to the sexual orientation or gender identity of a child or youth was a factor in the removal of the child or youth from the family. (g) National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services (1) In general The Secretary shall establish and maintain the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services (referred to in this Act as the National Resource Center ) that will promote well-being, safety, permanency, stability, and family placement for LGBTQ children and youth involved with child welfare services, through training, technical assistance, actions, and guidance that— (A) increase LGBTQ cultural competency among the staff of covered entities, and foster, adoptive, and relative parents, guardians, and caregivers; (B) promote the provision of child welfare services that address the specific needs of LGBTQ children and youth involved with child welfare services and their families; (C) promote effective and responsible collection and management of data on the sexual orientation and gender identity of children and youth in the child welfare system, with appropriate safeguards to protect the data; (D) identify and promote promising practices and evidence-based models of engagement and appropriate collective and individual services and interventions that can be linked to improved outcomes for LGBTQ children and youth in the child welfare system; (E) endorse best practices for human resource activities of covered entities, including in hiring, staff development, and implementing a system of accountability to carry out those best practices; and (F) initiate other actions that improve safety, well-being, placement stability, and permanency outcomes for LGBTQ children and youth involved with child welfare services at the State and local level. (2) Activities The Secretary shall carry out the collection and analysis of data and the dissemination of research to carry out this subsection. (3) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to establish and maintain the National Resource Center and carry out the activities described in this subsection. (h) Deadline for compliance (1) In general Except as provided in paragraph (2), a covered entity shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of the enactment of this Act, whichever occurs first. (2) Authority to extend deadline If a State demonstrates to the satisfaction of the Secretary that it is necessary to amend State law in order to change a particular practice that is inconsistent with this Act, the Secretary may extend the compliance date for the State and any covered entities in the State a reasonable number of days after the close of the first State legislative session beginning after the date the guidance referred to in subsection (c) is published. (3) Authority to withhold funds If the Secretary finds that a covered entity has failed to comply with this Act, the Secretary may withhold payment to the State of amounts otherwise payable to the State under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq.; 42 U.S.C. 670 et seq.), to the extent determined by the Secretary. (i) GAO study (1) In general Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with this Act, including specifically whether the States have— (A) eliminated all policies, practices, or laws that permit a covered entity to violate subsection (a); (B) provided necessary training and technical support to covered entities to ensure all services to children and youth involved with child welfare services are carried out in a non-discriminatory, affirming, safe, and culturally competent manner; (C) collected data necessary to accomplishing the purposes of this Act, and ensured that the data is appropriately safeguarded, including data related to— (i) the sexual orientation and gender identity of children and youth involved with child welfare services; (ii) the permanency and placement outcomes and rates for those children and youth, as compared to their non-LGBTQ peers; (iii) the rates at which those children and youth are placed in family homes as compared to congregate or group homes; (iv) the sexual orientation, gender identity, and marital status of foster and adoptive parents, as well as the placement rates and wait periods for those foster and adoptive parents; and (D) ensured that covered entities— (i) are in compliance with this Act; and (ii) have implemented procedures for children and youth involved with child welfare services, or individuals or families participating in, or seeking to participate in, child welfare services, to report violations of this Act. (2) Report to the Congress Not later than 6 months after completing the study required by paragraph (1), the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report that contains the results of the study. (j) Relation to other laws (1) Rule of construction Nothing in this Act shall be construed to invalidate or limit rights, remedies, or legal standards under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.). (2) Certain claims The Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under, this Act, or provide a basis for challenging the application or enforcement of this Act. (k) Definitions In this section: (1) Child or youth involved with child welfare services The term child or youth involved with child welfare services means an individual, aged 23 or younger, who participates in child welfare programs or services that receive Federal financial assistance under part A, B, or E of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.; 42 U.S.C. 621 et seq.; 42 U.S.C. 670 et seq.), title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.), or title XX of the Social Security Act ( 42 U.S.C. 1397 et seq.). (2) Conversion therapy (A) In general The term conversion therapy means a form of discrimination that includes any practice or treatment which seeks to change the sexual orientation or gender identity of an individual, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. (B) Exclusions The term conversion therapy does not include counseling that provides assistance to an individual undergoing gender transition, or counseling that provides acceptance, support, and understanding of an individual or facilitates an individual with coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. (3) Covered entity The term covered entity means an entity that— (A) receives Federal financial assistance under part A, B, or E of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.; 42 U.S.C. 621 et seq.; 42 U.S.C. 670 et seq.), title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.), or title XX of the Social Security Act ( 42 U.S.C. 1397 et seq.); and (B) is involved in the administration or provision of child welfare programs or services. (4) Gender identity The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the designated sex of the individual at birth. (5) Religion; sex (including sexual orientation and gender identity), or marital status The term religion, sex (including sexual orientation and gender identity), or marital status , used with respect to an individual, includes— (A) the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of another person with whom the individual is or has been associated; and (B) a perception or belief, even if inaccurate, concerning the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of the individual. (6) Secretary The term Secretary means the Secretary of Health and Human Services. (7) Sex The term sex includes— (A) a sex stereotype; (B) pregnancy, childbirth, or a related medical condition; (C) sexual orientation or gender identity; and (D) sex characteristics, including intersex traits. (8) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. (9) State The term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. | https://www.govinfo.gov/content/pkg/BILLS-117s1848is/xml/BILLS-117s1848is.xml |
117-s-1849 | II 117th CONGRESS 1st Session S. 1849 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Portman (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To establish a program to support the participation of small businesses in meetings and proceedings of international standards organizations, and for other purposes.
1. Short title This Act may be cited as the Leadership in Global Tech Standards Act of 2021 . 2. Support for industry participation in international standards organizations (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Small Business Administration. (2) Artificial intelligence The term artificial intelligence has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 2358 note). (3) Covered entity The term covered entity means a small business concern that is incorporated and maintains a primary place of business in the United States. (4) Small business concern The term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (b) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to support participation by covered entities in meetings and proceedings of standards development organizations in the development of voluntary technical standards. (c) Activities In carrying out the program established under subsection (b), the Administrator shall award competitive, merit-reviewed grants to covered entities to cover the reasonable costs, up to a specified ceiling, of participation of employees of those covered entities in meetings and proceedings of standards development organizations, including— (1) regularly attending meetings; (2) contributing expertise and research; (3) proposing new work items; and (4) volunteering for leadership roles such as a convener or editor. (d) Award criteria The Administrator may only provide a grant under this section to a covered entity that— (1) demonstrates deep technical expertise in key emerging technologies and technical standards, including artificial intelligence and related technologies; (2) commits personnel with such expertise to regular participation in international bodies responsible for developing standards for such technologies over the period of the grant; and (3) agrees to participate in efforts to coordinate between the Federal Government and industry to ensure protection of national security interests in the setting of international standards. (e) No matching contribution A recipient of an award under this section shall not be required to provide a matching contribution. (f) Evaluation In making awards under this section, the Administrator shall coordinate with the Director of the National Institute of Standards and Technology, who shall provide support in the assessment of technical expertise in emerging technologies and standards setting needs. (g) Authorization of appropriation There is authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter $1,000,000 to carry out the program established under this section. | https://www.govinfo.gov/content/pkg/BILLS-117s1849is/xml/BILLS-117s1849is.xml |
117-s-1850 | II 117th CONGRESS 1st Session S. 1850 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Warnock (for himself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To preserve the memorials to chaplains at Arlington National Cemetery, and for other purposes.
1. Short title This Act may be cited as the Chaplains Memorial Preservation Act . 2. Preservation of memorials to chaplains on Chaplains Hill at Arlington National Cemetery (a) Updates to memorials The National Conference on Ministry to the Armed Forces, or any successor organization recognized in law for purposes of this Act, may, at no cost to the Federal Government— (1) (A) update the memorial to Protestant chaplains located in Arlington National Cemetery, Virginia, with a granite, marble, or other stone base to host the bronze plaque of the memorial; (B) add an additional plaque to such base that includes the name of each chaplain, verified as described in subsection (b), who died while on active duty since the original memorial was placed; and (C) make such other updates and corrections to the memorial as may from time to time be needed as determined by the National Conference on Ministry to the Armed Forces or such successor organization; and (2) make such updates and corrections to the memorial to Catholic chaplains and the memorial to Jewish chaplains located in Arlington National Cemetery as may from time to time be needed as determined by the National Conference on Ministry to the Armed Forces or such successor organization. (b) Verification of names The National Conference on Ministry to the Armed Forces, or any successor organization recognized in law for purposes of this Act, may verify with the Chief of Chaplains of the Army, the Chief of Chaplains of the Navy, the Chief of Chaplains for the Air Force and the Space Force, and such agencies of the Department of Defense as the Secretary of the Army considers appropriate, the names of chaplains for memorialization in Arlington National Cemetery. (c) Rule of construction Nothing in this Act may be construed as authorizing the expansion of any monument or memorial that is located in Arlington National Cemetery as of the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1850is/xml/BILLS-117s1850is.xml |
117-s-1851 | II 117th CONGRESS 1st Session S. 1851 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer Continental Shelf in the Mid-Atlantic, South Atlantic, North Atlantic, and Straits of Florida planning areas.
1. Short title This Act may be cited as the Clean Ocean And Safe Tourism Anti-Drilling Act or the COAST Anti-Drilling Act . 2. Prohibition of oil and gas leasing in certain areas of the outer Continental Shelf Section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) is amended by adding at the end the following: (q) Prohibition of oil and gas leasing in certain areas of the outer Continental Shelf Notwithstanding any other provision of this section or any other law, the Secretary of the Interior shall not issue a lease or any other authorization for the exploration, development, or production of oil, natural gas, or any other mineral in— (1) the Mid-Atlantic planning area; (2) the South Atlantic planning area; (3) the North Atlantic planning area; or (4) the Straits of Florida planning area. . | https://www.govinfo.gov/content/pkg/BILLS-117s1851is/xml/BILLS-117s1851is.xml |
117-s-1852 | II 117th CONGRESS 1st Session S. 1852 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Markey (for himself and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish an intercity passenger rail service investment grant program.
1. Short titles This Act may be cited as the Building Rail Across Intercity Networks To Ride Around Interior of the Nation Act or the BRAIN TRAIN Act . 2. Establishment of grant program for high-performance intercity passenger rail service (a) In general Chapter 261 of title 49, United States Code, is amended by adding at the end the following: 26107. Intercity passenger rail service investment program (a) Definitions In this section: (1) Applicant The term applicant means Amtrak or a State, group of States, interstate compact, or public agency established by 1 or more States with responsibility for providing intercity passenger rail service. (2) Capital project The term capital project means a project or program in a State rail plan developed under chapter 227 for— (A) acquiring, constructing, improving, or inspecting equipment, track, and track structures, or a facility of use in or for the primary benefit of intercity passenger rail service; (B) expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring active or out of service rights-of-way); and (C) payments for the capital portions of rail trackage rights agreements, highway-rail grade crossing improvements related to intercity passenger rail service, mitigating environmental impacts, communication and signalization improvements, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing. (3) High-performance rail The term high-performance rail means intercity passenger rail service that is designed to meet the current and future market demand for the transportation of people, in terms of capacity, travel times, reliability, and efficiency. (4) Intercity passenger rail service The term intercity passenger rail service has the meaning given the term intercity rail passenger transportation in section 24102. (5) Secretary The term Secretary means the Secretary of Transportation. (6) State The term State means any of the 50 States or the District of Columbia. (b) Establishment (1) In general The Secretary shall establish an intercity passenger rail service investment program to promote high-performance rail transportation options. (2) Grants authorized The Secretary may award grants under this section to an applicant to finance capital projects for high-performance rail, including grants awarded in installments for projects lasting longer than 1 year. (c) Applications Each applicant seeking a grant under this section shall submit an application to the Secretary in such form and containing such information as the Secretary shall reasonably require. (d) Competitive grant selection and criteria for grants (1) In general The Secretary shall— (A) establish criteria for selecting among capital projects that meet the criteria specified in paragraph (2); (B) conduct a national solicitation for applications; and (C) award grants on a competitive basis. (2) Grant criteria In selecting the recipients of intercity passenger rail grants under subsection (b)(2), the Secretary shall— (A) require— (i) the project to be part of a State rail plan developed under chapter 227, or under the plan required under section 211 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24902 note); (ii) the applicant or recipient to have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities; (iii) the project to be based on the results of preliminary engineering studies or other planning; (iv) the applicant to provide sufficient information upon which the Secretary can make the findings required under this subsection; (v) if an applicant has selected the proposed operator of its service, the applicant to provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors; (vi) each proposed project to meet all safety and security requirements that are applicable to the project under law; and (vii) each project to be compatible with, and operated in conformance with— (I) plans developed pursuant to the requirements under section 135 of title 23; and (II) the national rail plan (if available); (B) select high-performance rail projects— (i) that are anticipated to result in significant improvements to intercity rail passenger service, including consideration of the project’s— (I) levels of estimated ridership, increased on-time performance, reduced trip time, or additional service frequency to meet anticipated or existing demand; (II) anticipated provision of intercity passenger rail service in historically and persistently unconnected and under-connected regions; and (III) anticipated favorable impact on air or highway traffic congestion, capacity, or safety; (ii) for which there is a high degree of confidence that the proposed project is feasible and will result in the anticipated benefits, as indicated by— (I) the project’s precommencement compliance with environmental protection requirements; (II) the readiness of the project to be commenced; and (III) other relevant factors determined by the Secretary; and (iii) for which the level of the anticipated benefits compares favorably to the amount of Federal funding requested under this section; and (C) give greater consideration to projects that— (i) are anticipated to result in benefits to other modes of transportation and to the public at large, including consideration of the project’s— (I) encouragement of intermodal connectivity through provision of direct connections between train and transit stations, airports, bus terminals, subway stations, ferry ports, and other modes of transportation; (II) anticipated improvement of conventional intercity passenger, freight, or commuter rail operations; (III) use of positive train control technologies; (IV) environmental benefits, including projects that involve the purchase of environmentally sensitive, fuel-efficient or electrified, and cost-effective passenger rail equipment; (V) anticipated reduction of greenhouse gas emissions; (VI) anticipated improvement of air quality and public health; (VII) anticipated positive economic and employment impacts, including development in the areas near passenger stations, historic districts, or other opportunity zones; (VIII) encouragement of State and private contributions toward station development, energy and environmental efficiency, and economic benefits; and (IX) provision of enhanced access for persons with disabilities to intercity passenger rail service; and (ii) incorporate equitable financial participation in the project’s financing, including consideration of— (I) donated or discounted interests in real or personal property; (II) donated services; (III) financial contributions by intercity passenger, freight, and commuter rail carriers commensurate with the benefit expected to their operations; (IV) financial commitments from host railroads, non-Federal governmental entities, nongovernmental entities, and others; and (V) Federal loans, including loans under title V of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821 et seq.). (3) Grant conditions The Secretary shall require each recipient of a grant under this chapter to comply with the grant requirements under section 22905. (4) State rail plans State rail plans completed before the date of enactment of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432 ) that substantially meet the requirements of chapter 227 of this title, as determined by the Secretary pursuant to section 22706, shall be deemed by the Secretary to have met the requirements of paragraph (2)(A)(i). (e) Federal share (1) In general The Federal share of the cost of a capital project financed under this section shall not exceed 90 percent of the project’s net capital cost. (2) In-kind match The fair market value of in-kind contributions to a capital project financed under this section shall be treated as non-Federal matching funds for purposes of paragraph (1). (3) Loans The value of any Federal loans paid back with non-Federal funds shall be treated as non-Federal matching funds for purposes of paragraph (1). (f) Issuance of regulations Not later than 1 year after the date of the enactment of this section, the Secretary shall issue regulations to carry out this section. (g) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary to carry out this section $5,000,000,000 for each of the fiscal years 2022 through 2026. (2) Availability of funds Any amounts appropriated for a fiscal year pursuant to paragraph (1) that remain unobligated at the end of such fiscal year shall be made available for eligible projects in the following fiscal year. . (b) Clerical amendment The chapter analysis for chapter 261 of title 49, United States Code, is amended by adding at the end the following: 26107. Intercity passenger rail service investment program. . | https://www.govinfo.gov/content/pkg/BILLS-117s1852is/xml/BILLS-117s1852is.xml |
117-s-1853 | II 117th CONGRESS 1st Session S. 1853 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Peters (for himself and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to establish a Motorcyclist Advisory Council.
1. Short title This Act may be cited as the Motorcyclist Advisory Council Act of 2021 . 2. Motorcyclist Advisory Council (a) In general Subchapter III of chapter 3 of title 49, United States Code, is amended by adding at the end the following: 355. Motorcyclist Advisory Council (a) Establishment Not later than 90 days after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the Secretary ) shall establish or designate a council, to be known as the Motorcyclist Advisory Council (referred to in this section as the Council ). (b) Membership (1) In general The Council shall be comprised of 13 members, to be appointed by the Secretary, of whom— (A) 5 shall be representatives of units of State or local government with expertise relating to highway engineering and safety issues, including— (i) motorcycle and motorcyclist safety; (ii) barrier and road design, construction, and maintenance; or (iii) intelligent transportation systems; (B) 1 shall be a motorcyclist who serves as a State or local— (i) traffic and safety engineer; (ii) design engineer; or (iii) other transportation department official; (C) 1 shall be a representative of a national association of State transportation officials; (D) 1 shall be a representative of a national motorcyclist association; (E) 1 shall be a representative of a national motorcyclist foundation; (F) 1 shall be a representative of a national motorcycle manufacturing association; (G) 1 shall be a representative of a motorcycle manufacturing company headquartered in the United States; (H) 1 shall be a roadway safety data expert with expertise relating to crash testing and analysis; and (I) 1 shall be a member of a national safety organization that represents the traffic safety systems industry. (2) Term (A) In general Subject to subparagraphs (B) and (C), each member shall serve on the Council for a single term of 2 years. (B) Additional term If a successor is not appointed for a member of the Council before the expiration of the term of service of the member, the member may serve on the Council for a second term of not longer than 2 years. (C) Appointment of replacements If a member of the Council resigns before the expiration of the 2-year term of service of the member— (i) the Secretary may appoint a replacement for the member, who shall serve the remaining portion of the term; and (ii) the resigning member may continue to serve after resignation until the date on which a successor is appointed. (3) Vacancies A vacancy on the Council shall be filled in the manner in which the original appointment was made. (4) Compensation A member of the Council shall serve without compensation. (c) Duties (1) Advising The Council shall advise the Secretary, the Administrator of the National Highway Traffic Safety Administration, and the Administrator of the Federal Highway Administration regarding transportation safety issues of concern to motorcyclists, including— (A) motorcycle and motorcyclist safety; (B) barrier and road design, construction, and maintenance practices; and (C) the architecture and implementation of intelligent transportation system technologies. (2) Biennial report Not later than October 31 of the first calendar year beginning after the date on which the Council is established, and not less frequently than once every 2 years thereafter, the Council shall submit to the Secretary a report containing recommendations of the Council regarding the issues described in paragraph (1). (d) Duties of Secretary (1) Council recommendations (A) In general The Secretary shall determine whether to accept or reject a recommendation contained in a report of the Council under subsection (c)(2). (B) Inclusion in review (i) In general The Secretary shall indicate in each review under paragraph (2) whether the Secretary accepts or rejects each recommendation of the Council covered by the review. (ii) Exception The Secretary may indicate in a review under paragraph (2) that a recommendation of the Council is under consideration, subject to the condition that a recommendation so under consideration shall be accepted or rejected by the Secretary in the subsequent review of the Secretary under paragraph (2). (2) Review (A) In general Not later than 60 days after the date on which the Secretary receives a report from the Council under subsection (c)(2), the Secretary shall submit a review describing the response of the Secretary to the recommendations of the Council contained in the Council report to— (i) the Committee on Commerce, Science, and Transportation of the Senate; (ii) the Committee on Environment and Public Works of the Senate; (iii) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; (iv) the Committee on Transportation and Infrastructure of the House of Representatives; and (v) the Subcommittee on Transportation, and Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives. (B) Contents A review of the Secretary under this paragraph shall include a description of— (i) each recommendation contained in the Council report covered by the review; and (ii) (I) each recommendation of the Council that was categorized under paragraph (1)(B)(ii) as under consideration by the Secretary in the preceding review submitted under this paragraph; and (II) for each such recommendation, whether the recommendation— (aa) is accepted or rejected by the Secretary; or (bb) remains under consideration by the Secretary. (3) Administrative and technical support The Secretary shall provide to the Council such administrative support, staff, and technical assistance as the Secretary determines to be necessary to carry out the duties of the Council under this section. (e) Termination The Council shall terminate on the date that is 6 years after the date on which the Council is established under subsection (a). . (b) Conforming amendments (1) Section 1426 of the FAST Act ( 23 U.S.C. 101 note; Public Law 114–94 ) is repealed. (2) The table of contents for the FAST Act ( Public Law 114–94 ; 129 Stat. 1313) is amended by striking the item relating to section 1426. (c) Clerical amendment The table of sections for subchapter III of chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 354 the following: 355. Motorcyclist Advisory Council. . | https://www.govinfo.gov/content/pkg/BILLS-117s1853is/xml/BILLS-117s1853is.xml |
117-s-1854 | II 117th CONGRESS 1st Session S. 1854 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Casey (for himself, Mr. Cornyn , Ms. Stabenow , Mr. Kaine , Mr. Rubio , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require reviews of United States investment in foreign countries that may threaten national critical capabilities, and for other purposes.
1. Short title This Act may be cited as the National Critical Capabilities Defense Act of 2021 . 2. National critical capabilities reviews (a) In general The Trade Act of 1974 ( 19 U.S.C. 2101 et seq.) is amended by adding at the end the following: X National critical capabilities reviews 1001. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Finance, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Health, Education, Labor, and Pensions, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Ways and Means, the Committee on Armed Services, the Committee on Education and Labor, the Committee on Financial Services, the Committee on Homeland Security, and the Committee on Transportation and Infrastructure of the House of Representatives. (2) Committee The term Committee means the Committee on National Critical Capabilities established under section 1002. (3) Control The term control means the power, direct or indirect, whether exercised or not exercised, to determine, direct, or decide important matters affecting an entity, subject to regulations prescribed by the Committee. (4) Country of concern The term country of concern — (A) has the meaning given the term foreign adversary in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c)(2) ); and (B) may include a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) )) identified by the Committee for purposes of this paragraph by regulation. (5) Covered transaction (A) In general Except as otherwise provided, the term covered transaction means any of the following transactions, proposed or pending on or after the date of the enactment of this title: (i) Any transaction by a United States business that— (I) shifts or relocates to a country of concern, or transfers to an entity of concern, the design, development, production, manufacture, fabrication, supply, servicing, testing, management, operation, investment, ownership, or any other essential elements involving one or more national critical capabilities identified under subparagraph (B)(ii); or (II) could result in an unacceptable risk to a national critical capability. (ii) Any other transaction, transfer, agreement, or arrangement, the structure of which is designed or intended to evade or circumvent the application of this title, subject to regulations prescribed by the Committee. (B) Regulations (i) In general The Committee shall prescribe regulations further defining the term covered transaction in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). (ii) Identification of national critical capabilities For purposes of subparagraph (A)(I), the regulations prescribed by the Committee under clause (i) shall— (I) identify the national critical capabilities subject to that subparagraph based on criteria intended to limit application of that subparagraph to the subset of national critical capabilities that is likely to pose an unacceptable risk to the national security and crisis preparedness of the United States; and (II) enumerate, quantify, prioritize, and set forth sufficient allowances of, specific types and examples of such capabilities. (6) Crisis preparedness The term crisis preparedness means preparedness for— (A) a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); or (B) a major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). (7) Critical infrastructure The term critical infrastructure means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on national security, national economic security, national public health or safety, or any combination of those matters. (8) Entity of concern The term entity of concern means an entity— (A) the ultimate parent entity of which is domiciled in a country of concern; or (B) that is directly or indirectly controlled by, owned by, or subject to the influence of a foreign person that has a substantial nexus with a country of concern. (9) Foreign entity (A) In general Except as provided by subparagraph (B), the term foreign entity means any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization organized under the laws of a foreign country if— (i) its principal place of business is outside the United States; or (ii) its equity securities are primarily traded on one or more foreign exchanges. (B) Exception The term foreign entity does not include any entity described in subparagraph (A) that can demonstrate that a majority of the equity interest in such entity is ultimately owned by nationals of the United States. (10) Foreign person The term foreign person means— (A) any foreign national, foreign government, or foreign entity; (B) any entity over which control is exercised or exercisable by a foreign national, foreign government, or foreign entity; or (C) any entity over which control is exercised or exercisable by a person described in subparagraph (A) or (B). (11) National critical capabilities The term national critical capabilities , subject to regulations prescribed by the Committee— (A) means systems and assets, whether physical or virtual, so vital to the United States that the inability to develop such systems and assets or the incapacity or destruction of such systems or assets would have a debilitating impact on national security or crisis preparedness; and (B) includes the following: (i) The production, in sufficient quantities, of any of the following articles: (I) Medical supplies, medicines, and personal protective equipment. (II) Articles essential to the operation, manufacture, supply, service, or maintenance of critical infrastructure. (III) Articles critical to infrastructure construction after a natural or manmade disaster. (IV) Articles that are components of systems critical to the operation of weapons systems, intelligence collection systems, or items critical to the conduct of military or intelligence operations. (V) Any other articles identified in regulations prescribed under section 1007. (ii) Supply chains for the production of articles described in clause (i). (iii) Essential supply chains for the Department of Defense. (iv) Any other supply chains identified in regulations prescribed under section 1007. (v) Services critical to the production of articles described in clause (i) or a supply chain described in clause (ii), (iii), or (iv). (vi) Medical services. (vii) Services critical to the maintenance of critical infrastructure. (viii) Services critical to infrastructure construction after a natural or manmade disaster. (ix) Any other services identified in regulations prescribed under section 1007. (12) National security The term national security includes— (A) national security, as defined in section 721(a) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a) ); (B) national defense, as defined in section 702 of that Act ( 50 U.S.C. 4552 ); and (C) agricultural security and natural resources security. (13) Party The term party , with respect to a transaction, has the meaning given that term in regulations prescribed by the Committee. (14) United States The term United States means the several States, the District of Columbia, and any territory or possession of the United States. (15) United States business The term United States business means a person engaged in interstate commerce in the United States. 1002. Committee on National Critical Capabilities (a) In general There is established a committee, to be known as the Committee on National Critical Capabilities , which shall carry out this title and such other assignments as the President may designate. (b) Membership (1) In general The Committee shall be comprised of the head, or a designee of the head, of each of the following: (A) The Office of the United States Trade Representative. (B) The Department of Commerce. (C) The Office of Science and Technology Policy. (D) The Department of the Treasury. (E) The Department of Homeland Security. (F) The Department of Defense. (G) The Department of State. (H) The Department of Justice. (I) The Department of Energy. (J) The Department of Health and Human Services. (K) The Department of Agriculture. (L) The Department of Labor. (M) Any other Federal agency the President determines appropriate, generally or on a case-by-case basis. (2) Ex officio members (A) In general In addition to the members of the Committee specified in paragraph (1), the following shall, except as provided in subparagraph (B), be nonvoting, ex officio members of the Committee: (i) The Director of National Intelligence. (ii) The Administrator of the Federal Emergency Management Agency. (iii) The Director of the National Institute of Standards and Technology. (iv) The Director of the Centers for Disease Control and Prevention. (v) The Director of the National Institute of Allergy and Infectious Diseases. (vi) The Chairperson of the Federal Communications Commission. (vii) The Chairperson of the Securities and Exchange Commission. (viii) The Chairperson of the Commodity Futures Trading Commission. (ix) The Administrator of the Federal Aviation Administration. (B) Designation as voting members The chairperson of the Committee may designate any of the officials specified in clauses (ii) through (ix) of subparagraph (A) as voting members of the Committee. (c) Chairperson (1) In general The United States Trade Representative shall serve as the chairperson of the Committee. (2) Consultations with Secretaries of Defense and Commerce In carrying out the duties of the chairperson of the Committee, the United States Trade Representative shall consult with the Secretary of Defense and the Secretary of Commerce. (d) Designation of officials to carry out duties related to Committee The head of each agency represented on the Committee shall designate an official, at or equivalent to the level of Assistant Secretary in the Department of the Treasury, who is appointed by the President, by and with the advice and consent of the Senate, to carry out such duties related to the Committee as the head of the agency may assign. 1003. Review of covered transactions (a) Mandatory notification A United States business that engages in a covered transaction shall submit a written notification of the transaction to the Committee. (b) Review (1) In general Not later than 60 days after receiving written notification under subsection (a) of a covered transaction, the Committee may— (A) review the transaction to determine if the transaction is likely to result in an unacceptable risk to one or more national critical capabilities, including by considering factors specified in section 1005; and (B) if the Committee determines under subparagraph (A) that the transaction poses a risk described in that subparagraph, make recommendations— (i) to the President for appropriate action that may be taken under this title or under other existing authorities to address or mitigate that risk; and (ii) to Congress for the establishment or expansion of Federal programs to support the production or supply of articles and services described in section 1001(a)(11)(B) in the United States. (2) Unilateral initiation of review The Committee may initiate a review under paragraph (1) of a covered transaction for which written notification is not submitted under subsection (a). (3) Initiation of review by request from congress The Committee shall initiate a review under paragraph (1) of a covered transaction if the chairperson and the ranking member of one of the appropriate congressional committees jointly request the Committee to review the transaction. (c) Treatment of business confidential information A United States business shall submit each notification required by subsection (a) to the Committee— (1) in a form that includes business confidential information; and (2) in a form that omits business confidential information and is appropriate for disclosure to the public. 1004. Action by the President (a) In general Subject to subsection (d), the President may take such action for such time as the President considers appropriate to address or mitigate any unacceptable risk posed by a covered transaction to one or more national critical capabilities, including suspending or prohibiting the covered transaction. (b) Announcement by the president The President shall announce the decision on whether or not to take action pursuant to subsection (a) with respect to a covered transaction not later than 15 days after the date on which the review of the transaction under section 1003 is completed. (c) Enforcement The President may direct the Attorney General of the United States to seek appropriate relief, including divestment relief, in the district courts of the United States, in order to implement and enforce this section. (d) Findings of the president The President may exercise the authority conferred by subsection (a) to suspend or prohibit a covered transaction only if the President finds that— (1) there is credible evidence that leads the President to believe that the transaction poses an unacceptable risk to one or more national critical capabilities; and (2) provisions of law (other than this section) do not, in the judgment of the President, provide adequate and appropriate authority for the President to protect such capabilities. (e) Factors To be considered For purposes of determining whether to take action under subsection (a), the President shall consider, among other factors, each of the factors described in section 1005, as appropriate. 1005. Factors to be considered The Committee, in reviewing and making a determination with respect to a covered transaction under section 1003, and the President, in determining whether to take action under section 1004 with respect to a covered transaction, shall consider any factors relating to national critical capabilities that the Committee or the President considers relevant, including— (1) the long-term strategic economic, national security, and crisis preparedness interests of the United States; (2) the history of distortive or predatory trade practices in each country in which a foreign person that is a party to the transaction is domiciled; (3) control and beneficial ownership (as determined in accordance with section 847 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2509 note)) of each foreign person that is a party to the transaction; and (4) impact on the domestic industry and resulting resiliency, including the domestic skills base, taking into consideration any pattern of foreign investment in the domestic industry. 1006. Supply chain sensitivities The Committee shall determine the sensitivities and risks for sourcing of articles described in section 1001(a)(11)(B)(i), in accordance with the following: (1) The sourcing of least concern shall be articles the supply chains for which are housed in whole within countries that are allies of the United States. (2) The sourcing of greater concern shall be articles the supply chains for which are housed in part within countries of concern or from an entity of concern but for which substitute production is available from elsewhere at required scale. (3) The sourcing of greatest concern shall be articles the supply chains for which are housed wholly or in part in countries of concern or from an entity of concern and for which substitute production is unavailable elsewhere at required scale. 1007. Identification of additional national critical capabilities (a) In general The Committee should prescribe regulations to identify additional articles, supply chains, and services to recommend for inclusion in the definition of national critical capabilities under section 1001(a)(11). (b) Review of industries (1) In general In identifying under subsection (a) additional articles, supply chains, and services to recommend for inclusion in the definition of national critical capabilities under section 1001(a)(11), the Committee should conduct a review of industries identified by Federal Emergency Management Agency as carrying out emergency support functions, including the following industries: (A) Energy. (B) Medical. (C) Communications, including electronic and communications components. (D) Defense. (E) Transportation. (F) Aerospace, including space launch. (G) Robotics. (H) Artificial intelligence. (I) Semiconductors. (J) Shipbuilding. (K) Water, including water purification. (2) Quantification In conducting a review of industries under paragraph (1), the Committee should specify the quantity of articles, supply chains, and services, and specific types and examples of transactions, from each industry sufficient to maintain national critical capabilities. 1008. Reporting requirements (a) Annual report to Congress (1) In general Not later than 90 days after the date of the enactment of the National Critical Capabilities Defense Act of 2021 , and annually thereafter, the Committee shall submit to the appropriate congressional committees a report— (A) on the determination under section 1006 with respect to sensitivities and risks for sourcing of articles described in section 1001(a)(11)(B)(i); (B) assessing whether identification of additional national critical capabilities under section 1007 is necessary; and (C) describing, for the year preceding submission of the report— (i) the notifications received under subsection (a) of section 1003 and reviews conducted pursuant to such notifications; (ii) reviews initiated under paragraph (2) or (3) of subsection (b) of that section; (iii) actions recommended by the Committee under subsection (b)(1)(B) of that section as a result of such reviews; and (iv) reviews during which the Committee determined no action was required; and (D) assessing the overall impact of such reviews on national critical capabilities. (2) Form of report The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (b) Use of Defense Production Act of 1950 authorities Not later than 180 days after the date of the enactment of the National Critical Capabilities Defense Act of 2021 , the Committee shall submit to Congress a report that includes recommendations relating to use the authorities under title III of the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq.) to make investments to enhance national critical capabilities and reduce dependency on materials and services imported from foreign countries. 1009. Requirement for regulations (a) In general The Committee shall prescribe regulations to carry out this title. (b) Elements Regulations prescribed to carry out this title shall— (1) provide for the imposition of civil penalties for any violation of this title, including any mitigation agreement entered into, conditions imposed, or order issued pursuant to this title; and (2) include specific examples of the types of— (A) the transactions that will be considered to be covered transactions; and (B) the articles, supply chains, and services that will be considered to be national critical capabilities. (c) Coordination In prescribing regulations to carry out this title, the Committee shall coordinate with the United States Trade Representative, the Under Secretary of Commerce for Industry and Security, and the Committee on Foreign Investment in the United States to avoid duplication of effort. 1010. Requirements related to government procurement (a) In general Not later than 90 days after the date of the enactment of the National Critical Capabilities Defense Act of 2021 , the Federal Acquisition Regulation shall be revised to require each person that is a prospective contractor for an executive agency to disclose the supply chains the person would use to carry out the contract and the extent to which the person would depend on articles and services imported from foreign countries, including the percentage of such materials and services imported from countries of concern. (b) Materiality The head of an executive agency shall consider the failure of a person to make the disclosures required by subsection (a) to be material determinants in awarding a contract to that person. (c) Applicability The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of the National Critical Capabilities Defense Act of 2021 . (d) Definitions In this section: (1) Executive agency The term executive agency has the meaning given that term in section 133 of title 41, United States Code. (2) Federal Acquisition Regulation The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code. 1011. Multilateral engagement and coordination The United States Trade Representative— (1) should, in coordination and consultation with relevant Federal agencies, conduct multilateral engagement with the governments of countries that are allies of the United States to secure coordination of protocols and procedures with respect to covered transactions with countries of concern; and (2) upon adoption of protocols and procedures described in paragraph (1), shall work with those governments to establish information sharing regimes. 1012. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this title, including to provide outreach to industry and persons affected by this title. 1013. Rule of construction with respect to free and fair commerce Nothing in this title may be construed as prohibiting or limiting the free and fair flow of commerce outside of the United States that does not pose an unacceptable risk to a national critical capability. . (b) Clerical amendment The table of contents for the Trade Act of 1974 is amended by adding at the end the following: TITLE X—National critical capabilities reviews Sec. 1001. Definitions. Sec. 1002. Committee on National Critical Capabilities. Sec. 1003. Review of covered transactions. Sec. 1004. Action by the President. Sec. 1005. Factors to be considered. Sec. 1006. Supply chain sensitivities. Sec. 1007. Identification of additional national critical capabilities. Sec. 1008. Reporting requirements. Sec. 1009. Requirement for regulations. Sec. 1010. Requirements related to government procurement. Sec. 1011. Multilateral engagement and coordination. Sec. 1012. Authorization of appropriations. Sec. 1013. Rule of construction with respect to free and fair commerce. . | https://www.govinfo.gov/content/pkg/BILLS-117s1854is/xml/BILLS-117s1854is.xml |
117-s-1855 | II 117th CONGRESS 1st Session S. 1855 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mrs. Feinstein (for herself, Mr. Padilla , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture to select and implement landscape-scale forest restoration projects, to assist communities in increasing their resilience to wildfire, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Wildfire Emergency Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Landscape-Scale Forest Restoration Sec. 101. Definitions. Sec. 102. Purpose. Sec. 103. Selection and implementation of landscape-scale forest restoration projects. Sec. 104. Conservation finance agreements. Sec. 105. Administration. Sec. 106. Report evaluating implementation. Sec. 107. Funding. TITLE II—Increasing Community Resilience to Wildfire Sec. 201. Critical infrastructure and microgrid program. Sec. 202. Retrofits for fire-resilient communities. Sec. 203. Hazard mitigation using disaster assistance. Sec. 204. Wildfire detection equipment. TITLE III—Research, Training, and Capacity Building Sec. 301. Western prescribed fire centers. Sec. 302. Innovative forest workforce development program. Sec. 303. National community capacity and land stewardship grant program. I Landscape-Scale Forest Restoration 101. Definitions In this title: (1) Conservation finance agreement The term conservation finance agreement means a mutual benefit agreement (excluding a procurement contract, grant, or cooperative agreement described in chapter 63 of title 31, United States Code)— (A) the term of which is more than 1, but not more than 20, years; (B) that may provide that performance under the agreement during the second and subsequent years of the agreement is contingent on the appropriation of funds; and (C) if the agreement does so provide, that may provide for a cancellation payment to be made to the partner if those appropriations are not made. (2) Ecological conditions The term ecological conditions has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (3) Ecological integrity The term ecological integrity has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (4) Landscape assessment The term landscape assessment means an assessment of a landscape that— (A) meets the requirements described in section 103(c)(1)(C); (B) does not constitute a decision document or final agency action requiring a separate analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and (C) may be presented— (i) in a separate analysis; (ii) within 1 or more broader analyses, including analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); or (iii) through a combination of the analyses described in clauses (i) and (ii). (5) Restore The term restore has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (6) Secretary The term Secretary means the Secretary of Agriculture. (7) Wildland-urban interface The term wildland-urban interface has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). 102. Purpose The purpose of this title is to increase the pace and scale of forest restoration and reduction in the risk of uncharacteristic wildfire through— (1) authorizing a pilot program with conservation finance agreement authority to leverage other Federal and non-Federal investment (excluding funds appropriated to the Forest Service) in landscape-scale forest restoration and related natural and built infrastructure, equipment, and job training; (2) project planning and analysis practices that effectively scale up to the landscape level of 100,000 acres or more; (3) requiring ecological standards and collaboration for landscape-scale projects; and (4) coordination with Federal, State, local, and Tribal agencies to expand personnel options to support the pilot program described in paragraph (1) by taking advantage of interorganizational support. 103. Selection and implementation of landscape-scale forest restoration projects (a) In general The Secretary shall select, in accordance with this section, landscape-scale forest restoration projects— (1) to implement on National Forest System land; and (2) if applicable, to implement on land adjoining National Forest System land, in coordination with other Federal and non-Federal entities. (b) Initial phase During the 5-year period beginning on the date of enactment of this Act, subject to the availability of appropriations pursuant to section 107(a), the Secretary shall select not more than 20 landscape-scale forest restoration projects under subsection (a). (c) Eligibility requirements (1) In general Subject to paragraph (2), to be eligible for selection and implementation under subsection (a), a landscape-scale forest restoration project shall satisfy the following requirements: (A) The purposes and needs for the project shall be— (i) to restore the ecological integrity and ecological resilience of terrestrial and aquatic areas that have departed from reference conditions within the forest landscape; (ii) to restore appropriate natural fire regimes, including by reducing fuel loads and modifying forest structure in areas that have departed from reference conditions, taking into account the current and projected impacts of climate change; and (iii) to conduct wildfire risk reduction activities within the wildland-urban interface to the extent that the project includes lands within the wildland-urban interface. (B) The project shall be developed and supported by a collaborative group that— (i) includes multiple interested persons representing diverse interests; (ii) is transparent and inclusive; and (iii) has sufficient expertise, capacity, and scientific support to effectively plan, implement, and monitor landscape-level, ecologically based forest restoration activities. (C) The project shall be based on a landscape assessment that shall— (i) cover a landscape of— (I) except as provided in subclauses (II) and (III), not less than 100,000 acres; (II) in such limited cases as the Secretary determines to be appropriate, not less than 80,000 acres if— (aa) the assessment is completed or substantially completed as of the date of enactment of this Act; and (bb) in the determination of the Secretary, assessing a larger area is not necessary to restore the integrity, resilience, and fire regimes of the landscape; or (III) not less than 50,000 acres in the case of a project that is carried out east of the 100th meridian; (ii) evaluate ecological integrity and determine reference conditions for the landscape; (iii) identify terrestrial and aquatic areas within the landscape that have departed from reference conditions; (iv) identify criteria to determine appropriate restoration treatments within degraded areas of the landscape to achieve reference conditions, including management prescriptions, mitigation measures, and constraints to be applied when carrying out actions in those areas; (v) be based on the best available scientific information and data, including, where applicable, high-resolution imagery, LiDAR, and similar technologies and information, and involve direct engagement by scientists; and (vi) identify priority restoration strategies for terrestrial and aquatic areas, including prescribed fire and wildfires managed for multiple resource benefits, which shall focus on— (I) areas that are the most departed from reference conditions; and (II) areas that would benefit the most from reducing the risk of uncharacteristic wildfire, especially with respect to nearby communities, taking into account other completed, ongoing, and planned fuels-reduction projects. (D) Restoration treatments under the project— (i) shall emphasize the reintroduction of characteristic fire, based on forest ecology and reference conditions, through the use of prescribed fire, wildfire managed for resource benefits, or both; (ii) that involve any proposed mechanical treatments shall be designed to promote— (I) the restoration of reference conditions in areas that lack ecological integrity, especially the reduction of surface and ladder fuels; and (II) the establishment of conditions that will facilitate prescribed fire or managed wildfire; (iii) shall— (I) fully maintain or contribute to the restoration of reference old forest conditions, taking into account the current and projected impacts of climate change; and (II) protect or increase the number and distribution of large old trees, consistent with reference conditions, excepting any de minimis losses of large old trees from prescribed fire or hazardous tree removal; and (iv) that involve prescribed fire shall provide advance notification, in accordance with notification procedures developed by the Secretary, to the owner or operator of critical infrastructure, such as a power line right-of-way, of any prescribed fire treatments within close proximity to the infrastructure. (E) The project shall be consistent with all applicable environmental laws, including— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); (ii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); and (iii) the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq.). (F) The project shall be consistent with the Roadless Area Conservation Rule established under part 294 of title 36, Code of Federal Regulations (or successor regulations), and the final rule and record of decision of the Forest Service entitled Special Areas; Roadless Area Conservation (66 Fed. Reg. 3244 (January 12, 2001)) (or a successor rule). (G) The project shall require multiparty monitoring, including opportunities for public engagement, and an adaptive management approach that— (i) conditions the future implementation of the project on the satisfactory completion of— (I) priority restoration actions; and (II) required monitoring; (ii) validates conditions projected to occur in the environmental analysis for the project; and (iii) requires modifications to the project if monitoring reveals impacts beyond the anticipated impacts of the project. (H) (i) No new permanent road may be built as part of the project. (ii) Any new temporary roads needed to implement the project shall be decommissioned not later than 3 years after completion of the project. (I) The project shall use an efficient approach to landscape-scale analysis and decisionmaking that is consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), which may include— (i) the preparation of a single environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C); (ii) the use of, as applicable— (I) multiple records of decision to implement a single environmental impact statement; or (II) multiple decision notices to implement a single environmental assessment; (iii) the preparation of a programmatic environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C), followed by focused, concise, and site-specific— (I) environmental assessments; or (II) categorical exclusions consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); or (iv) the use of the landscape assessment described in subparagraph (C), through incorporation by reference and similar approaches, to support focused, concise, and site-specific— (I) environmental assessments; or (II) categorical exclusions consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (2) Exception If the Secretary determines that there are an insufficient number of projects that fully comply with the requirements described in paragraph (1) to implement based on all available funding, then the Secretary may, during the 2-year period beginning on the date of enactment of this Act, select under subsection (a) not more than a total of 5 landscape-scale forest restoration projects to implement that do not fully comply with those requirements if the projects— (A) fully comply with the requirements described in subparagraphs (B), (D), (E), (F), (G), (H), and (I) of that paragraph; (B) in the determination of the Secretary, have purposes and needs that are consistent with the purposes and needs described in subparagraph (A) of that paragraph; and (C) are supported by landscape assessments that are substantially (if not completely) consistent with the requirements described in subparagraph (C) of that paragraph, subject to the condition that the applicable landscape assessments fully comply with the requirements described in clauses (i) and (v) of that subparagraph. (d) Evaluation of eligible projects (1) In general In determining which landscape-scale forest restoration projects to select under subsection (a), the Secretary shall consider— (A) the criteria described in paragraph (2); (B) the extent to which the project utilizes the approaches to project implementation described in paragraph (3); and (C) the recommendations of the advisory panel established under subsection (e). (2) Criteria The criteria referred to in paragraph (1)(A) are— (A) the demonstrated need, based on the best available science, to restore ecological integrity to degraded or departed areas within the landscape covered by the project, taking into account the current and projected impacts of climate change; (B) (i) the importance of watersheds in the area covered by the project for downstream waters supply; and (ii) the opportunity to improve the ecological integrity and ecological conditions of those watersheds and reduce risks to water resources through landscape-scale forest restoration; (C) (i) the potential extent of cost sharing for the development and implementation of the project from diverse sources, such as State or local governments, water or electric utilities, carbon credits, or private entities; and (ii) the proportion of the non-Federal cost share that is in the form of cash contributions; (D) whether the area covered by the project has high-resolution, remote-sensing data and other information available that enables a landscape assessment and a robust analysis and disclosure of the effects and outcomes of implementing restoration activities; (E) whether the project is using, or will use, innovative approaches to completing resource surveys that are less costly and less time-consuming than usual practices while providing the information necessary for project design and analysis; (F) whether the project will reduce the number of miles of permanent roads on National Forest System land that are not necessary for resource management or recreational access; (G) whether the project will assess or quantify the ecosystem service benefits of forest restoration within the landscape covered by the project, such as water, carbon, biodiversity, fire risk reduction, public health, and community safety; (H) whether the project has the potential to support new or existing wood processing infrastructure that can make economic use of the byproducts of forest restoration; (I) whether the project has the potential to support local employment and investment opportunities, particularly in economically disadvantaged communities; (J) the scale of the landscape assessment for the project, with a preference for projects for which the landscape assessment covers a larger area; and (K) whether the project— (i) strives to restore ecological integrity and ecological conditions within areas across land ownerships, including State and private land; and (ii) will reduce the risk of uncharacteristic wildfire, and, to the extent practicable, restore ecological integrity, within the wildland-urban interface. (3) Approaches to landscape-scale project implementation A landscape-scale restoration project carried out under this section may use 1 or both of the following approaches to project implementation: (A) Conservation finance agreements The Secretary may enter into a conservation finance agreement under the pilot program established under section 104(a) to carry out the project for the purpose of facilitating private, other non-Federal, and other Federal investment (excluding the investment of any other amounts appropriated to the Forest Service)— (i) to increase the pace and scale of forest restoration at the landscape level; (ii) to support the use of prescribed fire at a greater scale; or (iii) to make greater economic use of the byproducts of forest restoration to reduce the net cost of forest restoration. (B) Interagency personnel collaboration The Secretary may coordinate with Federal, State, local, and Tribal agencies to expand personnel options to support the project by using authorities such as— (i) the good neighbor authority under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); (ii) sections 3371 through 3376 of title 5, United States Code (commonly referred to as the Intergovernmental Personnel Act ); and (iii) part 334 of title 5, Code of Federal Regulations (or successor regulations). (e) Advisory panel (1) In general The Secretary shall establish and maintain an advisory panel composed of not more than 15 members to evaluate, and provide recommendations on— (A) each landscape-scale forest restoration project that the Secretary is reviewing for potential selection under subsection (a); and (B) proposals for planning and developing landscape-scale forest restoration projects that the Secretary is reviewing for potential funding under section 107(a)(1). (2) Representation The Secretary shall ensure that the membership of the advisory panel established under paragraph (1) is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory panel. (3) Inclusion The advisory panel established under paragraph (1) shall include experts in ecological forest restoration, fire ecology, fire management, rural economic and workforce development, strategies for ecological adaptation to climate change, fish and wildlife ecology, and woody biomass and small-diameter tree utilization. (4) Exemption The advisory panel established under paragraph (1) shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). 104. Conservation finance agreements (a) Pilot program authority The Secretary shall establish a pilot program under which the Secretary may enter into a conservation finance agreement with a public or private person, including a for-profit or nonprofit organization, to plan, implement, and monitor a landscape-scale forest restoration project selected by the Secretary under section 103(a) if the Secretary finds each of the following: (1) There is a reasonable expectation that, throughout the contemplated agreement period, the Secretary will request funding for the agreement at the level required to avoid agreement cancellation. (2) The environmental analysis for the project demonstrates that there is a sufficient supply of small-diameter material to support a long-term agreement consistent with the landscape assessment and all applicable environmental laws. (3) The use of the conservation finance agreement will, in the area of the applicable landscape-scale forest restoration project, assist in achieving the purpose described in section 102. (4) The project involves an entity that demonstrates experience in— (A) developing and implementing conservation finance public-private partnerships; and (B) raising capital commitments from concessional and market rate investors or other external financing. (b) Limited delegation The Secretary may not delegate the pilot program authority under subsection (a) to a Federal official that serves under the Chief of the Forest Service. (c) Limitations The pilot program authority under subsection (a)— (1) may be used for the obligation under conservation finance agreements of not more than— (A) $250,000,000 in the aggregate; and (B) $50,000,000 for any 1 landscape-scale forest restoration project; and (2) may not be used to pay interest to any other entity providing funds for the applicable landscape-scale forest restoration project. (d) Cancellation, termination, or modification for insufficient funding (1) In general (A) Insufficient funding If funds are not made available for the continuation of a conservation finance agreement made under this section into a subsequent fiscal year, the agreement shall be canceled, terminated, or modified. (B) Payment of costs If the Secretary determines that it is necessary to cancel or terminate a conservation finance agreement pursuant to subparagraph (A), and the conservation finance agreement includes a cancellation provision described in paragraph (2)(A), the Secretary may pay the costs of that cancellation or termination using any of the following amounts: (i) Appropriations originally available for the performance of the applicable conservation finance agreement. (ii) Appropriations currently available for the type of services concerned under the applicable conservation finance agreement, and not otherwise obligated. (iii) Funds appropriated for payments for those costs of cancellation or termination. (2) Provisions in agreements (A) In general The Secretary may provide for cancellation provisions in conservation finance agreements under this section to the extent that those provisions are necessary and in the best interests of the United States. (B) Considerations The cancellation provisions described in subparagraph (A) may include consideration of the recurring and nonrecurring costs of the partner under the applicable conservation finance agreement. (3) Cancellation ceilings (A) In general The Secretary may obligate funds in stages that are economically or programmatically viable to cover any potential cancellation or termination costs for a conservation finance agreement under paragraph (1)(B) and implement the agreement pursuant to this section. (B) Advance notice to congress of cancellation ceiling in excess of $25,000,000 Not later than 30 days before entering into a conservation finance agreement under this section that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement up to that cancellation ceiling, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a written notice that includes— (i) a description of the cancellation ceiling amounts proposed for each program year in the agreement; (ii) the reasons why the cancellation ceiling amounts described under clause (i) were selected; (iii) a description of the extent to which the costs of agreement cancellation are not included in the budget for the agreement; and (iv) an assessment of the financial risk of not including budgeting for the costs of agreement cancellation. (C) Transmittal of notice to omb Not later than 14 days after the date on which written notice is provided under subparagraph (B), the Secretary shall transmit a copy of the notice to the Director of the Office of Management and Budget. (D) Relationship of cancellation ceiling to conservation finance agreement The Secretary may enter into a conservation finance agreement pursuant to this section that includes partner services in return for payments by the Secretary in future years that are contingent on the appropriation of funds, subject to the requirement that the Secretary shall pay the partner cancellation costs pursuant to paragraph (1)(B) up to the cancellation ceiling applicable to the agreement if funding for the completion of the agreement is not appropriated. 105. Administration (a) Guidance Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance on the implementation of this title. (b) Implementation A landscape-scale forest restoration project under this title shall be implemented consistent with— (1) the requirements for the project described in section 103(c); and (2) all project commitments described in the 1 or more decisions or decision notices relating to the project. 106. Report evaluating implementation (a) In general Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report evaluating the implementation of this title, including— (1) a list of the landscape-scale forest restoration projects selected under section 103(a) and the accomplishments under those projects; (2) an evaluation of the approaches to project planning and implementation described in section 103(d)(3) based on the experience of the implementation of those approaches in the projects described in paragraph (1); and (3) an evaluation of the pilot authority for conservation finance agreements described in section 104, including whether that authority has— (A) increased the availability of non-Federal funding sources to assist in landscape-scale forest restoration projects; and (B) promoted private or other non-Federal investment in— (i) new or existing infrastructure and related equipment that can make use of the byproducts of forest restoration; (ii) the use of prescribed fire at a greater scale; (iii) related economic development and workforce training and development; (iv) land management activities enhancing natural infrastructure with benefits for downstream water users; or (v) mitigating the risk of uncharacteristic wildfire. (b) Consultation In preparing the report under subsection (a), the Secretary shall consult with the advisory panel established under section 103(e). 107. Funding (a) Authorization of appropriations There is authorized to be appropriated to the Secretary $250,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended— (1) to plan and develop potential landscape-scale forest restoration projects under this title that the Secretary and a collaborative group described in section 103(c)(1)(B) shall design— (A) to meet the requirements of section 103(c); and (B) to satisfy the criteria described in section 103(d)(2), to the maximum extent practicable; and (2) to implement landscape-scale forest restoration projects selected under section 103. (b) Sources of funding Landscape-scale forest restoration projects under this Act may be carried out using— (1) amounts appropriated under subsection (a); (2) other sources of Forest Service funding; (3) other sources of Federal funding; (4) non-Federal funding sources; or (5) any combination of the amounts described in paragraphs (1) through (4). (c) Cost-share (1) Federal share (A) Planning and development The Federal share of the cost of planning and developing a potential landscape-scale forest restoration project under this title shall not exceed 75 percent. (B) Implementation and monitoring The Federal share of the cost of carrying out and monitoring each landscape-scale forest restoration project on National Forest System land under this title shall not exceed 60 percent. (2) Form of non-Federal share The non-Federal share of the cost of a project carried out using funds made available pursuant to this title may include in-kind contributions. (d) Adaptive management Not less than 5 percent of the amount made available for each landscape-scale forest restoration project under this title shall be used for monitoring and adaptive management in the applicable landscape. (e) Stewardship contracting In the case of a landscape-scale forest restoration project under this title that is covered by an agreement or a contract under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ), the Secretary may use monies retained by the Secretary under subsection (e)(2)(A) of that section to plan, analyze, and implement landscape-scale forest restoration projects within the area covered by that agreement or contract consistent with this title. (f) Administrative costs Not more than 5 percent of any amounts appropriated to carry out this title may be used for administrative management and program oversight. II Increasing Community Resilience to Wildfire 201. Critical infrastructure and microgrid program (a) Definitions In this section: (1) Critical facility (A) In general The term critical facility means a facility that provides services or may be used— (i) to save lives; (ii) to protect property, public health, and public safety; or (iii) to lessen or avert the threat of a catastrophe. (B) Inclusions The term critical facility includes— (i) a hospital; (ii) an outpatient clinic; (iii) a nursing home; (iv) a police station; (v) an emergency operation center; (vi) a jail or prison; (vii) a fire station; (viii) a facility in the communications sector, as determined by the Secretary; (ix) a facility in the chemical sector, as determined by the Secretary; (x) a school or other large building that may serve as a temporary gathering space; (xi) a utility station, such as a water and wastewater station; (xii) a facility described in subparagraph (A) that is owned or operated by, or provides services to, an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (xiii) a Federal facility, including a military base or installation; and (xiv) any other facility described in subparagraph (A), as determined by the Secretary. (2) Secretary The term Secretary means the Secretary of Energy. (b) Critical infrastructure and microgrid program (1) In general The Secretary shall establish a program— (A) to improve the energy resilience and power needs of critical facilities through the use of microgrids, renewable energy, energy efficiency, reduced electricity demand, and on-site storage; (B) to improve the energy efficiency of critical facilities by decreasing the size and cost of generators; (C) to provide technical assistance and facilitate the distribution and sharing of information to develop more resilient electricity systems (including bulk systems and localized systems); and (D) to promulgate consumer-facing information and resources to inform the public on best practices and resources related to increasing resilience of electricity systems and reducing the impacts of extreme weather events on electricity systems. (2) Requirements In carrying out the program established under paragraph (1), the Secretary shall ensure, with respect to critical facilities— (A) provision of on-site back-up power with renewable resources, low-carbon liquid fuels, and on-site energy storage technologies; and (B) installation, at the transmission and distribution level, of interoperable technologies, advanced power flow control, dynamic line rating, topology optimization, and communications systems. (3) Interested party input In establishing the program under paragraph (1), the Secretary shall seek the input of State energy regulators, electric utilities (as defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 )), regional transmission organizations and independent system operators, electric utility customers and ratepayer organizations, local governments, community choice aggregators or regional energy collaboratives, and other interested parties. (c) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary $100,000,000 to carry out this section, to remain available until expended. (2) Administrative costs Of the amount used to carry out this section, not more than 10 percent shall be used for salaries and expenses, administrative management, and oversight of the program established under subsection (b)(1). 202. Retrofits for fire-resilient communities (a) Definition of weatherization materials Section 412(9) of the Energy Conservation and Production Act ( 42 U.S.C. 6862(9) ) is amended— (1) in subparagraph (I), by striking and at the end; (2) by redesignating subparagraph (J) as subparagraph (K); and (3) by inserting after subparagraph (I) the following: (J) materials that are resistant to high heat and fire; and . (b) Weatherization program (1) In general Section 413(b)(6) of the Energy Conservation and Production Act ( 42 U.S.C. 6863(b)(6) ) is amended— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) owners of such dwelling units shall use fire- and drought-resistant building materials and incorporate wildfire and drought prevention and mitigation planning, as directed by the State. . (2) Limitations Section 415(c) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c) ) is amended— (A) in paragraph (1)— (i) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and indenting appropriately; (ii) in the matter preceding clause (i) (as so redesignated), in the second sentence, by striking Labor and all that follows through to— and inserting the following: (B) Labor and weatherization materials Labor, weatherization materials, and related matter described in subparagraph (A) includes— ; (iii) by striking (c)(1) Except and inserting the following: (c) Financial assistance (1) Average cost (A) In general Except ; (iv) in subparagraph (A) (as so designated)— (I) by striking exceed an average of $6,500 and inserting the following: exceed— (i) an average of $13,000 (adjusted annually for inflation) ; (II) in clause (i) (as so designated), by striking the period at the end and inserting ; or ; and (III) by adding at the end the following: (ii) another average amount that is greater than the amount described in clause (i), if the Secretary determines it necessary to waive or adjust the average amount established under that clause. ; and (v) in subparagraph (B) (as so designated)— (I) in clause (iv) (as so redesignated), by striking , and and inserting ; and ; and (II) in clause (v) (as so redesignated), by adding a period at the end; and (B) in paragraph (4), by striking $3,000 and inserting $6,000 (adjusted annually for inflation) . 203. Hazard mitigation using disaster assistance Section 404(f)(12) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(f)(12) ) is amended— (1) by inserting and wildfire after windstorm ; (2) by striking including replacing and inserting the following: including— (A) replacing ; (3) in subparagraph (A) (as so designated)— (A) by inserting , wildfire, after extreme wind ; and (B) by adding and after the semicolon at the end; and (4) by adding at the end the following: (B) the installation of fire-resistant wires and infrastructure and the undergrounding of wires; . 204. Wildfire detection equipment (a) In general Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 et seq.) is amended by adding at the end the following: 607. Wildfire detection equipment To the extent practicable, the Secretary of Agriculture and the Secretary of the Interior shall— (1) expedite the placement of wildfire detection equipment, such as sensors, cameras, and other relevant equipment, in areas at risk of wildfire; (2) expand the use of satellite data to assist wildfire response; and (3) expedite any permitting required by the Secretary of Agriculture or the Secretary of the Interior for the installation, maintenance, or removal of wildfire detection equipment. . (b) Technical amendment The table of contents for the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6501 note; Public Law 108–148 ) is amended by adding at the end of the items relating to title VI the following: Sec. 607. Wildfire detection equipment. . III Research, Training, and Capacity Building 301. Western prescribed fire centers (a) In general The Secretary of Agriculture and the Secretary of the Interior (referred to in this section as the Secretaries ) shall establish 1 or more centers to train individuals in prescribed fire methods and other methods relevant to the mitigation of wildfire risk (referred to in this section as a center ). (b) Host institutions The 1 or more centers shall be— (1) located at 1 or more institutions of higher education; or (2) developed in collaboration with 1 or more institutions of higher education. (c) Goals The 1 or more centers shall advance the following goals: (1) Training individuals and conducting research on prescribed fire methods and other restoration methods relevant to the mitigation of wildfire risk. (2) Developing and advancing interdisciplinary science relating to wildfire, including social science and human dimensions of wildfire, in consultation with stakeholders who— (A) need that science; (B) will benefit from the outcomes of that science; and (C) will coordinate with 1 or more other centers in developing and advancing that science. (3) Conducting ongoing and forward-looking needs assessments among stakeholders, including Federal and State agencies and Indian Tribes, to determine common need requirements and emerging challenges to reduce wildfire risk and adapt communities to increased risk from wildfire, including the following hazard-related focus areas: (A) Increasing disaster resilience. (B) Mitigation and management methods. (C) Air quality. (D) Firestorm weather forecasting and burn-area debris flow forecasting, including empirical and modeling research. (4) Collaborating with Federal wildfire scientists at the Forest Service, the Department of the Interior, and other related agencies. (5) Identifying, through a detailed engagement process targeting defined end-users, the requirements and delivery mechanisms for products and services that are practical and will have an impact on mitigating wildfire risk. (6) Promoting technology transfer with pathways for dissemination, implementation, and application of research results on the ground, using and enhancing previous research. (7) Ensuring the connectivity and interoperability of distributed services to maximize synergies and benefits across services. (8) Developing open digital infrastructure to make research data, science, and models open for all sectors to use. (d) Location (1) In general The 1 or more centers shall be located in any State the entirety of which is located west of the 100th meridian. (2) Consultation The Secretaries shall consult with the Joint Fire Science Program to solicit and evaluate proposals for the location of the 1 or more centers. (3) Selection Not later than 1 year after the date of enactment of this Act, based on the consultation under paragraph (2), the Secretaries shall select a location for the 1 or more centers. 302. Innovative forest workforce development program (a) Definitions In this section: (1) Career in forestry and fire management The term career in forestry and fire management means a career in a field relating to forests and the restoration to the natural fire regimes of forests, including— (A) in timber operations; (B) as a registered professional forester; (C) in vegetation treatment, including as a member of a hand crew, a machine operator, and in conducting prescribed fires as part of a fire restoration workforce that is capable of conducting large landscape restorative and maintenance prescribed fires; (D) in ecological restoration, including restoration of watersheds; (E) in wildland fire fighting; and (F) in community fire resilience, including workforce development projects. (2) Forestry and fire management The term forestry and fire management includes the areas of fields relating to forests described in subparagraphs (A) through (F) of paragraph (1). (3) Secretary The term Secretary means the Secretary of Agriculture. (b) Grants authorized The Secretary shall establish a competitive grant program— (1) to assist in the development and utilization of innovative activities relating to workforce development in forestry and fire management and opportunities for careers in forestry and fire management; and (2) to expand public awareness about forestry and fire management and connect individuals to careers in forestry and fire management. (c) Selection of grant recipients In awarding grants under subsection (b), the Secretary shall, to the extent practicable, select nonprofit professional or service organizations, labor organizations, State agencies, community colleges, institutions of higher education, or other training and educational institutions— (1) that have qualifications and experience— (A) in the development of training programs and curricula relevant to the workforce needs of forestry and fire management; (B) working in cooperation with forestry and fire management; or (C) developing public education materials appropriate for communicating with groups of various ages and educational backgrounds; and (2) that will address the human resources and workforce needs of forestry and fire management. (d) Use of funds Grants awarded under subsection (b) may be used for activities such as— (1) targeted internship, apprenticeship, pre-apprenticeship, and post-secondary bridge programs for skilled forestry and fire management trades that provide— (A) on-the-job training; (B) skills development; (C) test preparation for skilled trade apprenticeships; (D) advance training in forestry and fire management relating to jobs as forest restorationists, members of hand crews, wildland fire fighters, machine operators, licensed timber operators, registered professional foresters, ecologists, biologists, or workers in construction in support of resilient infrastructure, including residential buildings; or (E) other support services to facilitate post-secondary success; (2) education programs designed for elementary, secondary, and higher education students that— (A) inform people about the role of forestry, vegetation management, and ecological restoration in the communities of those people; (B) increase the awareness of opportunities for careers in forestry and fire management and exposure of students to those careers through various work-based learning opportunities inside and outside the classroom; and (C) connect students to pathways to careers in forestry and fire management; (3) the development of a model curriculum and related vocational programs to be adopted by community colleges, which, to the extent practicable and feasible, shall— (A) provide professional training in implementing prescribed fire projects, including the knowledge and skills necessary to plan and implement broad-scale surface and ladder fuel treatments within the wildland-urban interface, wildlands, and urbanized areas, as appropriate; (B) include a focus on the ecological concerns, economics, and practices necessary to improve community safety and forest resilience; and (C) train students in— (i) the retrofitting of houses, including the use of fire-resistant materials and the maintenance of defensible space; (ii) urban forestry; and (iii) policies or guidance relating to the management of vegetation near utility infrastructure and relevant portions of electric utility wildfire mitigation plans; (4) regional industry and workforce development collaborations, including the coordination of candidate development, particularly in areas of high unemployment; (5) integrated learning laboratories in secondary educational institutions that provide students with— (A) hands-on, contextualized learning opportunities; (B) dual enrollment credit for post-secondary education and training programs; and (C) direct connection to industry or government employers; and (6) leadership development, occupational training, mentoring, or cross-training programs that ensure that workers are prepared for high-level supervisory or management-level positions. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary. 303. National community capacity and land stewardship grant program (a) Definitions In this section: (1) Community capacity The term community capacity means the ability of an eligible entity to carry out or assist in a land stewardship activity. (2) Disadvantaged community The term disadvantaged community means— (A) a low-income community (as defined in section 45D(e) of the Internal Revenue Code of 1986); and (B) a community that includes a significant population that has been systematically denied a full opportunity to participate in aspects of economic, social, and civic life based on a particular characteristic, such as Black, Latino, Indigenous, and Native American persons, Asian Americans, Pacific Islanders, and other persons of color. (3) Eligible entity The term eligible entity means any the following entities that is located in or represents a disadvantaged community: (A) An organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (B) A collaborative group fiscally sponsored by an organization described in subparagraph (A). (C) A unit of local government. (D) An Indian Tribe. (E) A special district government, as defined by the Director of the Bureau of the Census. (4) Ecological integrity The term ecological integrity has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (5) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (6) Land stewardship activity The term land stewardship activity means any of the following activities, as applied to a qualifying project: (A) Planning. (B) Collaboration and building community support. (C) Implementation on land other than National Forest System land. (D) Monitoring, including multiparty monitoring, and adaptive management. (7) Qualifying project The term qualifying project means any of the following activities that takes place at least in substantial part on National Forest System land or national grasslands: (A) Restoration of the ecological integrity of a forest, meadow, grassland, prairie, or other habitat. (B) Tribal management for aligned cultural and ecological values. (C) Enhancing community wildfire resilience in the wildland-urban interface. (D) Increasing equitable access to environmental education and volunteerism opportunities. (8) Restoration The term restoration has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (9) Secretary The term Secretary means the Secretary of Agriculture, acting through— (A) the regional offices of the State and Private Forestry Deputy Area of the Forest Service; and (B) as appropriate, regional offices of other Deputy Areas of the Forest Service. (b) Purpose The purpose of this section is to support increasing community capacity, partnerships, and collaborations within and involving disadvantaged communities for land stewardship activities and restoration of ecological integrity on— (1) National Forest System land; (2) national grasslands; and (3) adjacent private, State, and trust land associated with the health and resilience of land described in paragraphs (1) and (2). (c) Administration (1) In general The Secretary may issue grants to eligible entities for increasing community capacity for land stewardship activities and related activities based on the criteria described in subsection (d). (2) Federal cost-share (A) In general The Secretary may fund up to 100 percent of the cost of land stewardship activities and related activities carried out using a grant issued under paragraph (1). (B) Matching eligibility A grant issued under this section may be considered a non-Federal matching contribution from the eligible entity that received the grant towards other sources of Federal funding. (3) Duration The Secretary may issue a grant under paragraph (1) for a period of 1 or more years. (4) Maximum grant amount The amount of a grant issued under paragraph (1) shall be not more than $50,000 per year. (5) Applicable laws The Secretary shall administer grants under paragraph (1) in accordance with all applicable Federal and State laws. (d) Criteria for awarding grants (1) In general Subject to paragraph (2), the Secretary shall award grants to eligible entities under subsection (c)(1) on a competitive basis in accordance with the following criteria: (A) The extent to which the proposed land stewardship activities benefit units of the National Forest System and national grasslands over the short and long term. (B) The extent to which valuable ecological, economic, and social benefits to disadvantaged communities, including job creation and business development or retention, are likely to result from the scope of the land stewardship activities. (C) The extent to which the grant would benefit disadvantaged communities that have historically received less investment in collaborative capacity. (D) The extent to which the proposal brings together diverse interests through planning, collaboration, implementation, or monitoring of land stewardship activities to benefit units of the National Forest System or national grasslands. (E) The extent to which the grant funds appear to be critical for the success of the eligible entity and the identified land stewardship activities. (F) The extent to which the budget for the land stewardship activities is reasonable given the anticipated outcomes. (2) Set-aside for Indian Tribes The Secretary shall allocate not less than 10 percent of the funding awarded under this section to Indian Tribes or eligible entities representing Indian Tribes. (e) Annual reviews (1) In general The Secretary shall establish and maintain an advisory panel composed of not more than 15 members to provide feedback each year to each regional office of the State and Private Forestry Deputy Area of the Forest Service on the extent to which the implementation of this section by the regional office is fulfilling the purpose described in subsection (b). (2) Inclusions The advisory panel established under paragraph (1) shall include representation from a diversity of public land stakeholders from across interest groups, including— (A) not fewer than 8 members representing the interests of a diversity of disadvantaged communities; and (B) not fewer than 2 members representing not fewer than 2 Indian Tribes. (3) Exemption The advisory panel established under paragraph (1) shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). (f) Report evaluating program implementation (1) In general Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report evaluating the implementation of this section, including— (A) a list of the eligible entities and land stewardship activities selected for funding under this section and the accomplishments of those activities; and (B) an evaluation of the extent to which the implementation of this section is fulfilling the purpose described in subsection (b). (2) Consultation; contracting In preparing the report under paragraph (1), the Secretary— (A) shall consult with the advisory panel established under subsection (e)(1); and (B) may contract with a third party to complete an evaluation of the implementation of this section to inform the report. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2022 through 2026. (2) Distribution The Secretary shall distribute amounts made available under paragraph (1) to the regional offices of the State and Private Forestry Deputy Area and, as appropriate, regional offices of other Deputy Areas, of the Forest Service to administer the grants under this section. (3) Administrative costs Not more than 10 percent of any amounts made available to carry out this section may be used for administrative management and program oversight. | https://www.govinfo.gov/content/pkg/BILLS-117s1855is/xml/BILLS-117s1855is.xml |
117-s-1856 | II 117th CONGRESS 1st Session S. 1856 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Schatz (for himself, Mr. Peters , Mr. Blumenthal , Mr. Booker , Mrs. Gillibrand , Mr. Sanders , Mr. Warner , Ms. Hassan , Mr. Van Hollen , Mr. Padilla , Mr. Cardin , Mr. Markey , Ms. Warren , Mr. Kaine , Mr. Menendez , Mr. Casey , Ms. Cortez Masto , Ms. Klobuchar , Mr. Bennet , Ms. Duckworth , Ms. Hirono , Mr. Brown , Ms. Rosen , Mr. Durbin , Ms. Baldwin , Mr. Luján , Mr. Wyden , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To enhance the security operations of the Transportation Security Administration and stability of the transportation security workforce by applying the personnel system under title 5, United States Code, to employees of the Transportation Security Administration, and for other purposes.
1. Short title This Act may be cited as the Rights for the Transportation Security Administration Workforce Act of 2021 or the Rights for the TSA Workforce Act of 2021 . 2. Definitions In this Act— (1) the term 2019 Determination means the publication entitled Determination on Transportation Security Officers and Collective Bargaining , issued on July 13, 2019, by Administrator David P. Pekoske; (2) the term adjusted basic pay means— (A) the rate of pay fixed by law or administrative action for a position occupied by a covered employee, before any deductions; and (B) any regular, fixed supplemental payment for non-overtime hours of work creditable as basic pay for retirement purposes, including any applicable locality payment and any special rate supplement; (3) the term Administrator means the Administrator of the Transportation Security Administration; (4) the term conversion date means the date on which paragraphs (1) through (4) of section 3(c) take effect; (5) the term covered employee means an employee who occupies a covered position; (6) the term covered position means a position within the Transportation Security Administration; (7) the term employee has the meaning given the term in section 2105 of title 5, United States Code, which shall be determined without regard to any provision of law cited in paragraph (9); (8) the term Secretary means the Secretary of Homeland Security; and (9) the term TSA personnel management system means any personnel management system established or modified under— (A) section 111(d) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935 note); or (B) section 114(n) of title 49, United States Code. 3. Conversion of TSA personnel (a) Restrictions on certain personnel authorities Notwithstanding any other provision of law, effective as of the date of enactment of this Act— (1) any TSA personnel management system in use for covered employees and covered positions on the day before that date of enactment, and any Transportation Security Administration personnel management policy, letters, guideline, or directive in effect on that day, may not be modified; (2) no Transportation Security Administration personnel management policy, letter, guideline, or directive that was not established before that date issued under section 111(d) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935 note) or section 114(n) of title 49, United States Code, may be established; and (3) any authority to establish or adjust a human resources management system under chapter 97 of title 5, United States Code, shall terminate with respect to covered employees and covered positions. (b) Personnel authorities during transition period Any TSA personnel management system in use for covered employees and covered positions on the day before the date of enactment of this Act and any Transportation Security Administration personnel management policy, letter, guideline, or directive in effect on the day before the date of enactment of this Act shall remain in effect until the effective date under subsection (c). (c) Transition to general personnel management system applicable to civil service employees Effective as of a date determined by the Secretary, but in no event later than 180 days after the date of enactment of this Act— (1) each provision of law cited in section 2(9) is repealed; (2) any Transportation Security Administration personnel management policy, letter, guideline, or directive, including the 2019 Determination, shall cease to be effective; (3) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, with respect to covered employees or covered positions shall cease to be effective; and (4) covered employees and covered positions shall be subject to the provisions of title 5, United States Code. (d) Safeguards on grievances In carrying out this Act, the Secretary shall take such actions as are necessary to provide an opportunity to each covered employee with a grievance or disciplinary action (including an adverse action) pending within the Transportation Security Administration on the date of enactment of this Act, or at any time during the transition period described in subsection (c), to have that grievance removed to proceedings pursuant to title 5, United States Code, or continued within the Administration. 4. Transition rules (a) Nonreduction in pay and compensation (1) In general Subject to paragraph (2), under pay conversion rules as the Secretary may prescribe to carry out this Act, a covered employee converted from a TSA personnel management system to the provisions of title 5, United States Code, under section 3(c)(4) shall not be subject to any reduction in the rate of adjusted basic pay payable, or total compensation provided, to that covered employee. (2) Federal Air Marshal Service An employee of the Federal Air Marshal Service converted from a TSA personnel management system to the provisions of title 5, United States Code, under section 3(c)(4) shall be converted such that the rate of adjusted basic pay payable to the employee is not less than that rate for a position at GS–13 of the General Schedule. (b) Preservation of other rights With respect to each covered employee, as of the conversion date, the Secretary shall take any actions necessary to ensure that— (1) any annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to the covered employee, as of the day before the conversion date, shall remain available to the covered employee until used; and (2) the Government share of any premiums or other periodic charges under chapter 89 of title 5, United States Code, governing group health insurance shall be paid in an amount that is not less than the amount paid for those premiums and other periodic charges, as of the day before the conversion date. (c) GAO study on TSA pay rates Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the differences in rates of pay, classified by pay system, between Transportation Security Administration employees— (1) with duty stations in the contiguous 48 States; and (2) with duty stations outside of the States described in paragraph (1), including those employees located in any territory or possession of the United States. (d) Rule of construction During the transition period described in section 3(c), and after the conversion date, the Secretary shall ensure that the Transportation Security Administration continues to prevent the appointment of individuals who have been convicted of a sex crime, an offense involving a minor, a crime of violence, or terrorism. 5. Consultation requirement (a) Exclusive representative (1) In general The labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or a successor labor organization, shall be— (A) treated as the exclusive representative of full- and part-time non-supervisory personnel of the Transportation Security Administration carrying out screening functions under section 44901 of title 49, United States Code; and (B) the exclusive representative for the personnel described in subparagraph (A) under chapter 71 of title 5, United States Code, with full rights under that chapter. (2) Application Any collective bargaining agreement covering the personnel described in paragraph (1)(A) that is in effect on the date of enactment of this Act shall remain in effect, consistent with subsection (d). (b) Consultation rights (1) In general Not later than 7 days after the date of enactment of this Act, the Secretary shall consult with the exclusive representative for the personnel described in subsection (a)(1)(A) under chapter 71 of title 5, United States Code, as well as appropriate labor associations that represent a substantial percentage of employees, on the formulation of plans and deadlines to carry out the conversion of covered employees and covered positions under this Act. (2) Plans Before the conversion date, the Secretary shall provide (in writing) to the exclusive representative and labor associations described in paragraph (1) the plans for how the Secretary intends to carry out the conversion of covered employees and covered positions under this Act, including with respect to such matters as— (A) the anticipated conversion date; and (B) measures to ensure compliance with sections 3 and 4. (c) Required agency response If any views or recommendations are presented under subsection (b) by the exclusive representative, or the labor associations described in that subsection, the Secretary shall— (1) consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and (2) provide the exclusive representative and those labor associations a written statement of the reasons for the final actions to be taken. (d) Sunset provision The provisions of this section shall cease to be effective as of the conversion date. 6. No right to strike Nothing in this Act may be considered— (1) to repeal or otherwise affect— (A) section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or (B) section 7311 of title 5, United States Code (relating to loyalty and striking); or (2) to otherwise authorize any activity that is not permitted under either provision of law cited in paragraph (1). 7. Rule of construction with respect to certain crimes relating to terrorism Nothing in this Act may be construed to contradict chapter 113B of title 18, United States Code, including with respect to— (1) section 2332b (relating to acts of terrorism transcending national boundaries); (2) section 2339 (relating to harboring or concealing terrorists); and (3) section 2339A (relating to providing material support to terrorists). 8. Report by GAO regarding TSA recruitment (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the efforts of the Administrator regarding recruitment, including recruitment efforts relating to— (1) veterans and the dependents of veterans; and (2) members of the Armed Forces and the dependents of those members. (b) Contents The report required under subsection (a) shall include recommendations regarding how the Administrator may improve the recruitment efforts described in that subsection. 9. Sense of Congress It is the sense of Congress that— (1) the personnel system of the Transportation Security Administration provides insufficient benefits and workplace protections to the workforce that secures the transportation systems of the United States; and (2) the workforce of the Transportation Security Administration should be provided protections and benefits under title 5, United States Code. 10. Federal Air Marshal Service The Administrator shall— (1) implement in-person or remote (by means of telecommunications) mental health programs at each field office of the Federal Air Marshal Service that offer, at a minimum, confidential and direct psychiatric counseling; and (2) consult with appropriate labor associations that represent a substantial percentage of Federal Air Marshal Service employees regarding, with respect to those employees— (A) mental health; (B) suicide rates; (C) morale and recruitment; (D) equipment and training; and (E) any other personnel issues the Administrator determines appropriate. 11. Veterans hiring (a) Definitions In this section, the terms disabled veteran , preference eligible , and veteran have the meanings given the terms in section 2108 of title 5, United States Code. (b) Prioritization The Secretary shall prioritize the appointment of veterans, including disabled veterans, and other preference eligibles, including widows and widowers of veterans, to covered positions. 12. Prevention and protection against certain illness The Administrator, in coordination with the Director of the Centers for Disease Control and Prevention and the Director of the National Institute of Allergy and Infectious Diseases, shall ensure that covered employees are provided proper guidance regarding prevention and protections against coronavirus, including appropriate resources. | https://www.govinfo.gov/content/pkg/BILLS-117s1856is/xml/BILLS-117s1856is.xml |
117-s-1857 | II 117th CONGRESS 1st Session S. 1857 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. King (for himself, Mr. Brown , and Mr. Kaine ) 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 Stop Corporations and High Earners from Avoiding Taxes and Enforce the Rules Strictly Act or the Stop CHEATERS Act . 2. Policy of Congress It is the policy of Congress that— (1) tax compliance, to raise revenue for national needs, restore fairness, and protect the integrity of the tax system, high-income United States citizens and corporations should pay all of the taxes they owe, (2) tax compliance, as indicated by the fraction of taxes due that are reported and paid, should be comparable among groups of taxpayers regardless of the legal entity, (3) the Internal Revenue Service should be given resources to increase audits and enforcement of tax compliance of high-income individuals to reduce the tax gap, 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, and to modernize its technology in order to better serve taxpayers and enforce the tax laws, (4) pursuing non-filers is one of the most efficient enforcement strategies of the Internal Revenue Service because issuing non-filer notices can be a cost-effective tool that requires little more than automated notices, (5) priorities for actions and resources to improve compliance should be guided by the relative revenue loss from non-compliance, (6) it should be the goal of the Internal Revenue Service that, by the tenth tax year after the effective date of this statute, the net tax gap, as measured by the fraction of taxes that are due that are not reported and paid, should be reduced by at least one-third, as compared with the fraction estimated in the most recent Internal Revenue Service study prior to enactment of this statute, and (7) 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. Additional appropriations for the Internal Revenue Service (a) Enforcement (1) In general In addition to other amounts, there is appropriated the following amounts for necessary expenses to strengthen the enforcement capacity of the Internal Revenue Service by increasing audits annually to meet the audit goals described in paragraph (2): (A) For fiscal year 2022, $1,600,000,000. (B) For fiscal year 2023, $3,200,000,000. (C) For fiscal year 2024, $4,000,000,000. (D) For fiscal year 2025, $6,400,000,000. (E) For fiscal year 2026, $6,800,000,000. (F) For fiscal year 2027, $6,800,000,000. (G) For fiscal year 2028, $6,800,000,000. (H) For fiscal year 2029, $6,800,000,000. (I) For fiscal year 2030, $6,800,000,000. (J) For fiscal year 2031, $6,800,000,000. (2) Goals The goals described in this subparagraph are to annually audit by 2025 and each year thereafter— (A) in the case of the income tax returns of individuals— (i) 20 percent of such returns reporting an adjusted gross income of not less than $1,000,000 but less than $5,000,000; (ii) 33 percent of such returns reporting an adjusted gross income of not less than $5,000,000 but less than $10,000,000 and (iii) 50 percent of such returns reporting an adjusted gross income of not less than $10,000,000; (B) 95 percent of the income tax returns of corporations reporting more than $20,000,000,000 in assets; (C) 40 percent of the estate tax returns having a gross estate valued at more than $10,000,000; (D) 1.2 percent of gift tax returns; and (E) 0.22 percent of employment tax returns filed by employers with respect to the taxes imposed under chapters 21 or 22 of the Internal Revenue Code of 1986. (b) Taxpayer services In addition to other amounts, there are appropriated the following amounts to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and services related to the reporting required under section 6050Z of the Internal Revenue Code of 1986 (as added by section 4): (1) For fiscal year 2022, $800,000,000. (2) For fiscal year 2023, $800,000,000. (3) For fiscal year 2024, $800,000,000. (4) For fiscal year 2025, $2,000,000,000. (5) For fiscal year 2026, $2,000,000,000. (6) For fiscal year 2027, $2,000,000,000. (7) For fiscal year 2028, $2,000,000,000. (8) For fiscal year 2029, $2,000,000,000. (9) For fiscal year 2030, $2,000,000,000. (10) For fiscal year 2031, $2,000,000,000. (c) Operations support There are appropriated the following additional amounts for the Department of the Treasury—Internal Revenue Service—Operations Support account to overhaul outdated technology of the Internal Revenue Service and improve the capacity of the Internal Revenue Service to detect fraud related to income from a trade or business: (1) For fiscal year 2022, $800,000,000. (2) For fiscal year 2023, $800,000,000. (3) For fiscal year 2024, $800,000,000. (4) For fiscal year 2025, $800,000,000. (5) For fiscal year 2026, $800,000,000. (6) For fiscal year 2027, $800,000,000. (7) For fiscal year 2028, $800,000,000. (8) For fiscal year 2029, $800,000,000. (9) For fiscal year 2030, $800,000,000. (10) For fiscal year 2031, $800,000,000. (d) Availability Each additional amount appropriated by this section shall remain available until expended. 4. Returns relating to certain business transactions (a) In general Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6050Z. Returns relating to certain transactions (a) Requirement of reporting Any covered financial service provider 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 service provider— (A) the name, address, and TIN of the person on whose behalf the account is maintained, (B) a summary report of total deposits received and total withdrawals made in such account, and (C) such other information as the Secretary may require. (c) Statement To be furnished to taxpayers with respect to whom information is required (1) In general Every covered financial service provider 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 service provider 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 service provider For purposes of this section, the term covered financial service provider means any financial service provider (as determined under regulations provided by the Secretary) which maintains an account on behalf of another person. (e) Regulations and guidance The Secretary may prescribe such regulations and other guidance as may be appropriate or necessary to carry out the purposes of this section. . (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 certain 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 certain 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 certain transactions. . (d) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2021. 5. Reports to Congress Not later than 1 year after the date of the enactment of this Act and every 2 years thereafter, the Commissioner of the Internal Revenue Service, after consultation with the Comptroller General, shall submit to Congress a report containing— (1) 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 tax filers, 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) an estimate of revenue loss from offshore tax evasion, and (3) information with respect to revenue loss due to such tax evasion, organized by groups of taxpayers arranged by the true income level of such taxpayers, as determined by the Secretary. 6. IRS Enforcement 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, and (B) by substituting 40 percent for 30 percent in paragraph (2)(B) 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, and (B) by substituting 40 percent for 30 percent in paragraph (2)(B) 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, and (B) by substituting 40 percent for 30 percent in paragraph (2)(B) thereof. . (c) Effective date The amendment made by this section shall apply to returns on the due date which (determined without regard to extensions) is after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s1857is/xml/BILLS-117s1857is.xml |
117-s-1858 | II 117th CONGRESS 1st Session S. 1858 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Murphy (for himself, Mrs. Murray , Mr. Casey , Mr. Durbin , Mr. Kaine , Ms. Warren , Mr. Sanders , Ms. Baldwin , Mr. Van Hollen , Mr. Brown , Mr. Blumenthal , Mr. Wyden , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit and prevent seclusion, mechanical restraint, chemical restraint, and dangerous restraints that restrict breathing, and to prevent and reduce the use of physical restraint in schools, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Keeping All Students Safe Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Prohibitions on restraint and seclusion and additional requirements Sec. 101. Prohibition, additional requirements. TITLE II—State plan, reporting requirements, and grants for State educational agencies Sec. 201. Definitions. Sec. 202. State plan. Sec. 203. Grants for State educational agencies. TITLE III—General provisions Sec. 301. National assessment. Sec. 302. Protection and advocacy systems. Sec. 303. Schools operated or funded by the Department of the Interior or the Department of Defense. Sec. 304. Rule of construction. Sec. 305. Applicability to private schools and home schools. Sec. 306. Severability. Sec. 307. Authorization of appropriations. 2. Definitions In this Act: (1) Chemical restraint The term chemical restraint means a drug or medication used on a student to control behavior or restrict freedom of movement that is not— (A) prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional’s authority under State law, for the standard treatment of a student’s medical or psychiatric condition; and (B) administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law. (2) ESEA terms The terms early childhood education program , educational service agency , elementary school , local educational agency , other staff , paraprofessional , parent , school leader , secondary school , specialized instructional support personnel , State , and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Law enforcement officer The term law enforcement officer — (A) means any person who— (i) is a State, Tribal, or local law enforcement officer (as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ); and (ii) is assigned by the employing law enforcement agency to a program, who is contracting with a program, or who is employed by a program; and (B) includes an individual referred to as a school resource officer if that individual meets the definition in subparagraph (A). (4) Mechanical restraint The term mechanical restraint means the use of devices as a means of restricting a student’s freedom of movement. (5) Physical escort The term physical escort means the temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location. (6) Physical restraint The term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual’s arms, legs, torso, or head freely, except that such term does not include a physical escort, mechanical restraint, or chemical restraint. (7) Positive behavioral interventions and supports The term positive behavioral interventions and supports — (A) means a schoolwide, systematic approach that embeds evidence-based practices and data-driven decision making to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all students (including students with the most complex and intensive behavioral needs); and (B) encompasses a range of systemic and individualized positive strategies to teach and reinforce school-expected behaviors, while discouraging and diminishing undesirable behaviors. (8) Program The term program means— (A) all of the operations of a local educational agency, system of vocational education, or other school system; (B) a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act ( 42 U.S.C. 9831 et seq.); or (C) an elementary school or secondary school that is not a public school that enrolls a student who receives special education and related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.). (9) Program personnel (A) In General Subject to subparagraph (B), the term program personnel means any agent of a program, including an individual who is employed by a program, or who performs services for a program on a contractual basis, including— (i) school leaders; (ii) teachers; (iii) specialized instructional support personnel; (iv) paraprofessionals; or (v) other staff. (B) Exclusion Notwithstanding subparagraph (A), program personnel shall not include a law enforcement officer or a school security guard. (10) Protection and advocacy system The term protection and advocacy system means a protection and advocacy system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (11) School security guard The term school security guard means an individual who is not a sworn law enforcement officer and who is responsible for addressing one or more of the following safety and crime prevention activities in and around a program: (A) Assisting program personnel in safety incidents. (B) Educating students in crime and illegal drug use prevention and safety. (C) Developing or expanding community justice initiatives for students. (D) Training students in conflict resolution and supporting restorative justice programs. (E) Serving as a liaison between the program and outside agencies, including other law enforcement agencies. (F) Screening students or visitors to the program for prohibited items. (12) Seclusion The term seclusion means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, except that such term does not include a time out. (13) Secretary The term Secretary means the Secretary of Education. (14) Special education school The term special education school means a school that focuses primarily on serving the needs of students with disabilities under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (15) State-approved crisis intervention training program The term State-approved crisis intervention training program means a training program approved by a State and the Secretary that, at a minimum, provides— (A) training in evidence-based techniques shown to be effective in the prevention of physical restraint; (B) evidence-based skills training related to positive behavioral interventions and supports, safe physical escort, conflict prevention, understanding antecedents, deescalation, and conflict management; (C) training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint; (D) training in first aid and cardiopulmonary resuscitation; (E) information describing State policies and procedures to ensure compliance with section 101; and (F) certification for school personnel, law enforcement officers, and school security guards in the techniques and skills described in subparagraphs (A) through (D), which shall be required to be renewed on a periodic basis. (16) Student The term student means— (A) for purposes of title I, a student enrolled in a program; and (B) for purposes of title II, a student enrolled in an elementary school or secondary school. (17) Time out (A) In general The term time out means a behavior management technique that may involve the separation of the student from the group or classroom in a non-locked setting. (B) Clarification The term time out does not include— (i) seclusion; or (ii) a separation of the student described in subparagraph (A) from which such student is physically or otherwise prohibited from leaving. I Prohibitions on restraint and seclusion and additional requirements 101. Prohibition, additional requirements (a) Prohibition No student shall be subjected to unlawful seclusion or restraint by program personnel, a law enforcement officer, or a school security guard, while attending any program that receives Federal financial assistance. (b) Unlawful seclusion or restraint defined (1) In general In this section, the term unlawful seclusion or restraint means— (A) seclusion; (B) mechanical restraint; (C) chemical restraint; (D) physical restraint or physical escort that is life threatening, that restricts breathing, or that restricts blood flow to the brain, including prone and supine restraint; (E) physical restraint that is contraindicated based on the student’s disability, health care needs, or medical or psychiatric condition, as documented in— (i) a health care directive or medical management plan; (ii) a behavior intervention plan; (iii) an individualized education program or an individualized family service plan (as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )); (iv) a plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) or title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq.); or (v) another relevant record made available to the State or program involved; or (F) physical restraint that is not in compliance with subsection (e)(1). (2) Not included The term unlawful seclusion or restraint shall not include— (A) a time out; or (B) a device implemented by trained school personnel, or utilized by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed, provided that such devices are not used to purposefully cause a student pain as a means of behavioral modification, including— (i) restraints for medical immobilization; (ii) adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; or (iii) vehicle safety restraints when used as intended during the transport of a student in a moving vehicle. (c) Private right of action (1) In general A student who has been subjected to unlawful seclusion or restraint in violation of subsection (a), or the parent of such student, may file a civil action against the program under which the violation is alleged to have occurred in an appropriate district court of the United States or in State court for declaratory judgement, injunctive relief, compensatory relief, attorneys’ fees, or expert fees. (2) Limitation on liability Program personnel shall not be liable to any person in a proceeding described in paragraph (1) or in an arbitration proceeding for a violation of subsection (a). (3) No sovereign immunity No program shall be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal or State court for a violation of subsection (a) of this section. (d) Enforcement (1) Investigations (A) In General The Secretary shall address any complaints alleging a violation of subsection (a) by an entity described in subparagraphs (A) or (C) of section 2(8) for an appropriate investigation. (B) Head Start The Secretary of Health and Human Services shall address any complaints alleging a violation of subsection (a) by an entity described in section 2(8)(B) for an appropriate investigation. (2) Withholding payments In the event a student has been subjected to unlawful seclusion or restraint in violation of subsection (a), the Secretary shall withhold from the program under which the violation occurred, in whole or in part, further payments (including payments for administrative costs) in accordance with section 455 of the General Education Provisions Act ( 20 U.S.C. 1234d ). (3) Head start programs The Secretary of Health and Human Services, in coordination with the Secretary, shall— (A) ensure that entities described in section 2(8)(B) meet the requirements described in subsection (e); (B) promulgate regulations with respect to how the reporting requirements described in section 202(b) shall be carried out with respect to Head Start agencies (including Early Head Start agencies) under the Head Start Act ( 42 U.S.C. 9801 et seq.); and (C) in the event a student served by a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act ( 42 U.S.C. 9831 et seq.) has been subjected to unlawful seclusion or restraint in violation of subsection (a), withhold from the program under which the violation occurred, in whole or in part, further payments (including payments for administrative costs) in accordance with section 646 of the Head Start Act ( 42 U.S.C. 9841 ). (e) Additional Requirements The Secretary shall ensure that each program that receives Federal financial assistance meets the following requirements: (1) Physical restraint The use of physical restraint by any program personnel, a school security guard, or a law enforcement officer shall be considered in compliance with the requirements of this subsection only if each of the following requirements are met: (A) The student’s behavior poses an imminent danger of serious physical injury to the student, program personnel, a school security guard, a law enforcement officer, or another individual. (B) Before using physical restraint, less restrictive interventions would be ineffective in stopping such imminent danger of serious physical injury. (C) Such physical restraint is imposed by— (i) program personnel, a school security guard, or a law enforcement officer trained and certified by a State-approved crisis intervention training program; or (ii) program personnel, a school security guard, or a law enforcement officer not trained and certified as described in clause (i), in the case of a rare and clearly unavoidable emergency circumstance when program personnel, a school security guard, or a law enforcement officer trained and certified as described in clause (i) is not immediately available due to the unforeseeable nature of the emergency circumstance. (D) Such physical restraint ends immediately upon the cessation of the imminent danger of serious physical injury to the student, any program personnel, a school security guard, a law enforcement officer, or another individual. (E) The physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or primary mode of communication. (F) During the physical restraint, the least amount of force necessary is used to protect the student or others from the threatened injury. (2) Training Each State, in consultation with program officials and State Directors of Head Start Collaboration (as described in section 642B of the Head Start Act ( 42 U.S.C. 9837b )), shall ensure that a sufficient number of program personnel are trained and certified by a State-approved crisis intervention training program to meet the needs of the specific student population in each program. (3) Prohibition on planned intervention The use of physical restraint as a planned intervention shall not be written into a student’s education plan, individual safety plan, behavioral intervention plan, or individualized education program (as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )), except that a program may establish policies and procedures for use of physical restraint in program safety or crisis plans, provided that such a plan is not specific to any individual student. (4) Procedures following physical restraint Each program shall establish procedures to be followed after an incident involving the imposition of physical restraint upon a student, which shall include each of the following: (A) Procedures to provide to the parent of the student, with respect to such incident— (i) an immediate verbal or electronic communication, as soon as is practicable and not later than the same day as the incident; and (ii) written notification, as soon as is practicable, and not later than 24 hours after the incident that shall include, at minimum— (I) a description of the incident, including precipitating events; (II) positive interventions used prior to restraint; (III) the length of time of restraint; and (IV) a description of the serious physical injury of the student or others that occurred or was about to occur that necessitated the use of restraint. (B) A meeting between parents of the student and the program, as soon as is practicable, and not later than 5 school days following the incident (unless such meeting is delayed by written mutual agreement of the parent and program)— (i) which meeting shall include, at a minimum— (I) the parent of such student; (II) the student involved (if appropriate); (III) the program personnel, law enforcement officer, or school security guard who imposed the restraint; (IV) a teacher of such student; (V) a program leader of such student; and (VI) an expert on behavior interventions, who may be a special education teacher; (ii) the purpose of which shall be to discuss the incident, as described by both the student and the program personnel, law enforcement officer, or school security guard involved, including— (I) any precipitating events; (II) how the incident occurred; and (III) prior positive behavioral interventions and supports used to deescalate the situation; and (iii) which meeting shall include— (I) the discussion of proactive strategies to prevent future need for the use of physical restraint; (II) (aa) for a student identified as eligible to receive accommodations under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) or title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq.), or accommodations or special education or related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.), a discussion of the need for a functional behavioral assessment and a behavior intervention plan; or (bb) for a student not identified as eligible to receive accommodations under the provisions of law described in item (aa), evidence of a referral for such accommodations or special education or related services, or documentation of the basis for declining to make such a referral for the student; and (III) providing to the parent, for use during the meeting, a written statement from each adult witness who was in the proximity of the student immediately before and during the time of the physical restraint, but was not directly involved in such restraint. II State plan, reporting requirements, and grants for State educational agencies 201. Definitions In this title: (1) School The term school means an elementary school, secondary school, or special education school. (2) Head Start program The term Head Start program means a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act ( 42 U.S.C. 9831 et seq.). 202. State plan (a) State plan Not later than 2 years after the date of enactment of this Act and each year thereafter, each State educational agency shall submit to the Secretary a State plan that provides— (1) demonstrations to the Secretary that the State has in effect— (A) State policies and procedures that comply with section 101, including with respect to State-approved crisis intervention training programs; and (B) a State mechanism to effectively monitor and enforce compliance with section 101; (2) a description of the State policies and procedures, including a description of the State-approved crisis intervention training programs in such State and how the State ensures accurate and timely reporting to the Department of Education; (3) a description of the State plan to ensure program personnel, students, and parents (including private school personnel, students, and parents) are aware of the State policies and procedures; (4) a description of the State activities described in the State’s plan under section 1111(g) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(g) ) that reduce aversive behavioral interventions and improve school conditions; (5) for public comment— (A) not less than 60 days prior to submission of the State plan, which shall provide stakeholders with the opportunity to provide written comments on the State plan, which shall be included in the State plan, including— (i) how the policies and procedures comply with section 101; (ii) the policies and procedures related to State-approved crisis intervention programs; (iii) training provided to program personnel; and (iv) notification procedures for parents; and (B) notice of which shall be provided in an accessible format, which is compliant with the most recent Web Content Accessibility Guidelines, or successor guidelines, for stakeholders and posted on a website; (6) written response to the public comments provided by stakeholders under paragraph (5); and (7) a description of State oversight of schools that includes— (A) monitoring use of restraint in the schools; (B) monitoring compliance with the prohibition on seclusion in schools; (C) not less than every 6 months, discussions between State educational agency officials and school leaders to examine the progress of reducing the use of physical restraint in schools; (D) not less than annual site visits to the special education schools in the State; and (E) technical assistance to focus on the use of proactive, positive behavioral interventions and supports. (b) Reporting (1) Reporting requirements Not later than 2 years after the date of enactment of this Act, and each year thereafter— (A) each State educational agency shall (in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974) ( 20 U.S.C. 1232g )) prepare and submit to the Secretary, and make available to the public, a report that includes the information described in paragraph (2), with respect to each local educational agency, each special education school, and each school not under the jurisdiction of a local educational agency, located in the same State as such State educational agency; and (B) each Head Start agency (including each Early Head Start agency) designated under the Head Start Act ( 42 U.S.C. 9831 et seq.) shall prepare and submit to the Secretary and the Secretary of Health and Human Services, and make available to the public, a report that includes the information described in paragraph (2), except that— (i) such information shall be provided with respect to each program served by the agency and with respect to children enrolled in Head Start programs; and (ii) the information described in subclause (II)(bb), subclause (III), and subclause (IV) of paragraph (2)(B)(i) shall not be required. (2) Information requirements (A) General information requirements The report described in paragraph (1) shall include with respect to physical restraint imposed upon students in the preceding full academic or program year— (i) the total number of such incidents; (ii) the total number of students upon whom such physical restraint was imposed; (iii) in the case in which such physical restraint was imposed more than twice on a student, the number of times such student or child was so restrained; and (iv) the total number of such incidents where the use of physical restraint is referred to law enforcement. (B) Disaggregation (i) General disaggregation requirements The information described in subparagraph (A) shall be disaggregated as follows: (I) With respect to the total number of incidents in which physical restraint was imposed upon a student, disaggregated by each of the following: (aa) By those that resulted in injury. (bb) By those that resulted in death. (cc) By those in which the program personnel imposing physical restraint was not trained and certified, as described in section 101(e)(1)(C)(i). (II) By the demographic characteristics of all students upon whom physical restraint was imposed, including disaggregation— (aa) by each major racial and ethnic group, economically disadvantaged students as compared to students who are not economically disadvantaged, English proficiency status, and sex; (bb) by students with an individualized education program under section 614(d) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d) ); (cc) by students who have a plan developed pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (dd) by students who have a plan developed pursuant to title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq.). (III) By the total number of incidents of physical restraint in which a law enforcement officer or school security guard was involved, which may include the law enforcement officer or school security guard imposing the physical restraint or assisting with the physical restraint. (IV) By the type of school, including disaggregation by special education school, charter school, and private school. (ii) Unduplicated count; exception The information and disaggregation required under subparagraphs (A) and (B) shall— (I) be carried out in a manner to ensure an unduplicated count of the total number of incidents in the preceding full academic year in which physical restraint was imposed upon a student; and (II) not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student. 203. Grants for State educational agencies (a) Grants authorized (1) In general From the amount appropriated under section 307 to carry out this section for a fiscal year, the Secretary shall award grants to State educational agencies with an application approved under subsection (c), on the basis of their relative need, as determined with the Secretary in accordance with paragraph (2), to assist the State educational agencies in— (A) establishing, implementing, and enforcing the policies and procedures that ensure compliance with section 101; (B) improving State and local capacity to collect and analyze data related to physical restraint; and (C) improving school climate and culture by implementing schoolwide positive behavioral interventions and supports, mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions. (2) Determination of relative need In determining the relative need of State educational agencies under paragraph (1), the Secretary shall consider— (A) the physical restraint and seclusion incidents that occurred at a school served by the State educational agencies for the most recent academic year for which data are available; (B) the capacity needs of the State educational agency and the local educational agencies served by the State educational agency to collect and analyze the data described in paragraph (1)(B); and (C) whether the State educational agency has been carrying out the activities described in paragraph (1)(C) and, if so, how the activities are being implemented. (3) Report The Secretary shall provide a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives not later than 60 days after the date the Secretary awards a grant to a State under this section detailing why the State was chosen and how the criteria described in subparagraphs (A), (B), and (C) of paragraph (2) were applied to select the State. (b) Duration of grant A grant under this section shall be awarded to a State educational agency for a 3-year period. (c) Application (1) In general To be eligible to receive a grant under this section, each State educational agency desiring a grant shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents Each application submitted under paragraph (1) shall include— (A) the total number of incidents in which physical restraint was imposed upon students for the most recent school year; (B) the total number of incidents in which seclusion was imposed upon students for the most recent school year; (C) a description of the State’s data collection policies and procedures; (D) a description of crisis intervention or prevention trainings used in the State to prevent or reduce physical restraint and seclusion (if applicable); (E) a description of statewide initiatives regarding school climate and culture (if applicable), such as schoolwide positive behavioral interventions and supports, mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions; (F) a description of activities to be funded under the grant and the goals of such activities, including how the activities will eliminate seclusion and reduce and prevent physical restraint; and (G) a description of how the activities under the grant will coordinate and align with current Federal, State, and local policies, programs, or activities regarding seclusion and physical restraint, crisis intervention, and school climate or culture. (d) Authority To make subgrants (1) In general A State educational agency receiving a grant under this section may use such grant funds to award subgrants, in the manner determined by the State educational agency, to local educational agencies served by the State educational agency. (2) Application A local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (3) Early childhood education program participation A local educational agency receiving subgrant funds under this section shall ensure that educators working in an early childhood education program, as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ), may participate, to the extent practicable, on an equitable basis in activities supported by subgrant funds under this section that are trainings on developmentally appropriate practices for meeting the needs of young children. (e) Private school participation (1) In general A local educational agency receiving subgrant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel may participate, on an equitable basis, in activities supported by subgrant funds under this section. (2) Public control of funds The control of grant and subgrant funds under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer such funds, materials, equipment, and property. (3) Provision of services (A) In general Services described under this section shall be provided— (i) by employees of a public agency; or (ii) through contract by the public agency with an individual or entity. (B) Independence; public agency An individual or entity described in subparagraph (A)(ii) that contracts with a public agency to provide services under this section shall be independent of a private school and of any religious organization. Individuals providing such services shall be employed by and under the control and supervision of the public agency. (C) Commingling of funds prohibited Funds used to provide services under this section shall not be commingled with non-Federal funds. (f) Required activities A State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section shall use such grant or subgrant funds to carry out the following: (1) Establishing and implementing policies to prohibit seclusion, mechanical restraint, chemical restraint, and other forms of prohibited restraint in schools, consistent with section 101. (2) Implementing and evaluating strategies and procedures to prevent seclusion and to prevent and reduce physical restraint in schools, consistent with such policies. (3) Providing professional development, training, and certification for school personnel to comply with such policies. (4) Analyzing the information included in a report prepared under section 202(b) to identify student, school personnel, and school needs related to preventing seclusion, and preventing and reducing the use of physical restraint. (5) Providing training to school security guards and, as appropriate, school personnel, on how to comply with education and civil rights laws, including the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.), when interacting with students with disabilities, including, when conducting disciplinary actions involving students with disabilities. (g) Additional authorized activities In addition to the required activities described in subsection (f), a State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section may use such grant or subgrant funds for one or more of the following: (1) Developing and implementing high-quality professional development and training programs to implement evidence-based systematic approaches to schoolwide positive behavioral interventions and supports, including improving coaching, facilitation, and training capacity for administrators, school leaders, teachers, specialized instructional support personnel, paraprofessionals, and other staff. (2) Providing technical assistance to implement evidence-based systematic approaches to schoolwide positive behavioral interventions and supports, including technical assistance for data-driven decision making related to behavioral supports and interventions in the classroom. (3) Researching, evaluating, and disseminating high-quality evidence-based programs and activities that implement schoolwide positive behavioral interventions and supports with fidelity. (4) Supporting other local positive behavioral interventions and supports implementation activities consistent with this subsection. (5) Developing, implementing, and providing technical assistance to support evidence-based programs that reduce the likelihood of physical restraint, such as mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions. (h) Evaluation and report Each State educational agency receiving a grant under this section shall, at the end of the 3-year grant period for such grant— (1) evaluate the State’s progress toward the elimination of seclusion and the prevention and reduction of physical restraint in the schools located in the State, consistent with section 101; (2) submit to the Secretary a report on such progress; and (3) publish such report on the State educational agency website in an accessible format. III General provisions 301. National assessment (a) National assessment The Secretary shall carry out a national assessment to determine the effectiveness of this Act, which shall include— (1) analyzing data related to incidents of physical restraint in schools and programs that serve children who receive services for which financial assistance is provided in accordance with the Head Start Act ( 42 U.S.C. 9831 et seq.) (referred to in this title as Head Start programs ); (2) analyzing the effectiveness of Federal, State, and local efforts to eliminate seclusion and prevent and reduce the number of physical restraint incidents in schools and Head Start programs; (3) identifying the types of programs and services that have demonstrated the greatest effectiveness in eliminating and preventing seclusion and preventing and reducing the number of physical restraint incidents in schools and Head Start programs; and (4) identifying evidence-based personnel training models with demonstrated success in preventing seclusion and preventing and reducing the number of physical restraint incidents in schools and Head Start programs, including models that emphasize positive behavioral interventions and supports and de-escalation techniques over physical intervention. (b) Report The Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives— (1) not later than 3 years after the date of the enactment of this Act, an interim report that summarizes the preliminary findings of the assessment described in subsection (a); and (2) not later than 5 years after the date of the enactment of this Act, a final report of the findings of the assessment. 302. Protection and advocacy systems (a) Notification In a case in which physical injury or death of a student or of a child enrolled in a Head Start program occurs in conjunction with the use of seclusion or physical restraint or any intervention used to control behavior at a school or Head Start program, the local educational agency serving such school or the agency administering a Head Start program under the Head Start Act ( 42 U.S.C. 9801 et seq.) shall have procedures to— (1) notify, in writing, not later than 24 hours after such injury or death occurs— (A) the State educational agency, or in the case of an agency administering a Head Start program, the appropriate official at the Department of Health and Human Services; (B) the local law enforcement agency; and (C) the relevant protection and advocacy system; and (2) provide any information that the protection and advocacy system may require. (b) Restatement of authority Protection and advocacy systems shall have the same authorities and rights provided under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq.) with respect to protections provided for students or children enrolled in Head Start programs under this Act when such students or children are otherwise eligible to be clients of the protection and advocacy system, including investigating, monitoring, and enforcing such protections. 303. Schools operated or funded by the Department of the Interior or the Department of Defense (a) Schools operated or funded by Department of the Interior The Secretary of the Interior shall promulgate regulations to ensure that schools operated or funded by the Department of the Interior comply with the requirements of title I and section 202(b). (b) Schools operated or funded by the Department of Defense The Secretary of Defense shall promulgate regulations to ensure that schools operated or funded by the Department of Defense Education Activity or otherwise operated or funded by the Department of Defense for the education of military-connected dependents (as described in subparagraph (B) or (D)(i) of section 7003(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(a)(1) )) comply with the requirements of title I and section 202(b). 304. Rule of construction Subject to section 101(e), nothing in this Act shall be construed to prohibit a sworn law enforcement officer with probable cause from arresting a student for violating a Federal or State criminal law. 305. Applicability to private schools and home schools (a) Private schools Nothing in this Act shall be construed to affect any private school that does not receive, or does not serve students who receive, support in any form from any program or activity supported, in whole or in part, with Federal funds. (b) Home schools Nothing in this Act shall be construed to— (1) affect a home school, whether or not a home school is treated as a private school or home school under State law; or (2) consider parents who are schooling a child at home as program personnel. 306. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. 307. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2022 and each succeeding fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s1858is/xml/BILLS-117s1858is.xml |
117-s-1859 | II 117th CONGRESS 1st Session S. 1859 IN THE SENATE OF THE UNITED STATES May 26, 2021 Ms. Duckworth (for herself and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 37, United States Code, to require the Secretary concerned to pay a member in the reserve component of an Armed Force a special bonus or incentive pay in the same amount as a member in the regular component of that Armed Force.
1. Short title This Act may be cited as the National Guard and Reserve Incentive Pay Parity Act . 2. Equal special bonus and incentive pay for members of the reserve components of the Armed Forces (a) In general Subchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: 357. Special bonus and incentive pay authorities for members of the reserve components of the armed forces The Secretary concerned shall pay a member of the reserve component of an armed force a special bonus or incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills. . (b) Technical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 356 the following: 357. Special bonus and incentive pay authorities for members of the reserve components of the armed forces. . | https://www.govinfo.gov/content/pkg/BILLS-117s1859is/xml/BILLS-117s1859is.xml |
117-s-1860 | II 117th CONGRESS 1st Session S. 1860 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Durbin (for himself, Mr. Scott of South Carolina , Mr. Menendez , Mr. Portman , Ms. Duckworth , Mr. Young , Ms. Smith , and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Lead-Based Paint Poisoning Prevention Act to provide for additional procedures for families with children under the age of 6, and for other purposes.
1. Short title This Act may be cited as the Lead-Safe Housing for Kids Act of 2021 . 2. Amendments to the Lead-Based Paint Poisoning Prevention Act Section 302(a) of the Lead-Based Paint Poisoning Prevention Act ( 42 U.S.C. 4822(a) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Additional procedures for families with children under the age of 6 (A) Risk assessment (i) Definition In this subparagraph, the term covered housing — (I) means housing receiving Federal assistance described in paragraph (1) that was constructed prior to 1978; and (II) does not include— (aa) single-family housing covered by an application for mortgage insurance under the National Housing Act ( 12 U.S.C. 1701 et seq.); or (bb) multi-family housing that— (AA) is covered by an application for mortgage insurance under the National Housing Act ( 12 U.S.C. 1701 et seq.); and (BB) does not receive any other Federal housing assistance. (ii) Regulations Not later than 180 days after the date of enactment of the Lead-Safe Housing for Kids Act of 2021 , the Secretary shall promulgate regulations that— (I) require the owner of covered housing in which a family with a child of less than 6 years of age will reside or is expected to reside to conduct an initial risk assessment for lead-based paint hazards— (aa) in the case of covered housing receiving tenant-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), not later than 15 days after the date on which the family and the owner submit a request for approval of a tenancy or lease renewal, whichever occurs first; (bb) in the case of covered housing receiving public housing assistance under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq.) or project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), not later than 15 days after the date on which a physical condition inspection occurs; and (cc) in the case of covered housing not described in item (aa) or (bb), not later than a date established by the Secretary; (II) provide that a visual assessment alone is not sufficient for purposes of complying with subclause (I); (III) require that, if lead-based paint hazards are identified by an initial risk assessment conducted under subclause (I), the owner of the covered housing shall— (aa) not later than 30 days after the date on which the initial risk assessment is conducted, control the lead-based paint hazards, including achieving clearance in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act ( 15 U.S.C. 2682 , 2684), as applicable; and (bb) provide notice to all residents in the covered housing affected by the initial risk assessment, and provide notice in the common areas of the covered housing, that lead-based paint hazards were identified and will be controlled within the 30-day period described in item (aa); and (IV) provide that there shall be no extension of the 30-day period described in subclause (III)(aa). (iii) Exceptions The regulations promulgated under clause (ii) shall provide an exception to the requirement under subclause (I) of such clause for covered housing— (I) if the owner of the covered housing submits to the Secretary documentation— (aa) that the owner conducted a risk assessment of the covered housing for lead-based paint hazards during the 12-month period preceding the date on which the family is expected to reside in the covered housing; and (bb) of any clearance examinations of lead-based paint hazard control work resulting from the risk assessment described in item (aa); (II) from which all lead-based paint has been identified and removed and clearance has been achieved in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act ( 15 U.S.C. 2682 , 2684), as applicable; (III) if— (aa) lead-based paint hazards are identified in the dwelling unit in the covered housing in which the family will reside or is expected to reside; (bb) the dwelling unit is unoccupied; (cc) the owner of the covered housing, without any further delay in occupancy or increase in rent, provides the family with another dwelling unit in the covered housing that has no lead-based paint hazards; and (dd) the common areas servicing the new dwelling unit have no lead-based paint hazards; and (IV) in accordance with any other standard or exception the Secretary deems appropriate based on health-based standards. (B) Relocation Not later than 180 days after the date of enactment of the Lead-Safe Housing for Kids Act of 2021 , the Secretary shall promulgate regulations to provide that a family with a child of less than 6 years of age that occupies a dwelling unit in covered housing in which lead-based paint hazards were identified, but not controlled in accordance with regulations required under subparagraph (A)(ii), may relocate on an emergency basis and without placement on any waitlist, penalty (including rent payments to be made for that dwelling unit), or lapse in assistance to— (i) a dwelling unit that was constructed in 1978 or later; or (ii) another dwelling unit in covered housing that has no lead-based paint hazards. . 3. Authorization of appropriations There is authorized to be appropriated to carry out the amendments made by section 2 such sums as may be necessary for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1860is/xml/BILLS-117s1860is.xml |
117-s-1861 | II 117th CONGRESS 1st Session S. 1861 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Blunt (for himself and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide high-skilled nonimmigrant visas for nationals of the Republic of Korea, and for other purposes.
1. Short title This Act may be cited as the Partner with Korea Act . 2. Reciprocal visas for nationals of South Korea (a) In general Section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) ) is amended— (1) by striking join him: (i) solely to carry and inserting the following: “join him— (i) solely to carry ; (2) by striking (ii) solely to develop and inserting the following: (ii) solely to develop ; (3) by striking or (iii) solely to perform and inserting the following: (iii) solely to perform ; and (4) by adding at the end the following: “or (iv) solely to perform services in a specialty occupation in the United States if the alien is a national of the Republic of Korea and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed an attestation with the Secretary of Labor under section 212(t)(1); . (b) Attestation Section 212 of such Act ( 8 U.S.C. 1182 ), is amended— (1) in subsection (t), as added by section 402(b)(2) of the United States-Chile Free Trade Agreement Implementation Act ( Public Law 108–77 ; 117 Stat. 941)— (A) by striking section 101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) each place it appears and inserting subparagraph (E)(iii), (E)(iv), or (H)(i)(b1) of section 101(a)(15) ; and (B) in clauses (i)(II), (ii)(II), and (iii)(II) of paragraph (3)(C), by striking section 204, 214(c), 101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) each place it appears and inserting subparagraph (E)(iii), (E)(iv), or (H)(1)(b1) of section 101(a)(15) or section 204 or 214(c) ; and (2) by redesignating subsection (t), as added by section 1(b)(2)(B) of Public Law 108–449 (118 Stat. 3470), as subsection (u). (c) Numerical limitation Section 214(g) of such Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following: (12) (A) The Secretary of State may not approve more than 15,000 initial applications submitted for aliens described in section 101(a)(15)(E)(iv) in any fiscal year. (B) The numerical limitation under subparagraph (A) shall only apply to principal aliens and shall not apply to the spouses or children of such aliens. . (d) Specialty occupation defined Section 214(i)(1) of such Act ( 8 U.S.C. 1184(i)(1) ) is amended by striking section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and paragraph (2), and inserting paragraph (2) of this subsection and subparagraphs (E)(iii), (E)(iv), and (H)(i)(b) of section 101(a)(15), . | https://www.govinfo.gov/content/pkg/BILLS-117s1861is/xml/BILLS-117s1861is.xml |
117-s-1862 | II 117th CONGRESS 1st Session S. 1862 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Markey (for himself and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To reduce spending on nuclear weapons and related defense spending and to prohibit the procurement and deployment of low-yield nuclear warheads, and for other purposes.
1. Short title This Act may be cited as the Smarter Approaches to Nuclear Expenditures Act . 2. Findings Congress makes the following findings: (1) The United States continues to maintain an excessively large and costly arsenal of nuclear delivery systems and warheads that are a holdover from the Cold War. (2) The current nuclear arsenal of the United States includes approximately 3,800 total nuclear warheads in its military stockpile, of which approximately 1,750 are deployed with five delivery components: land-based intercontinental ballistic missiles, submarine-launched ballistic missiles, long-range strategic bomber aircraft armed with nuclear gravity bombs, long-range strategic bomber aircraft armed with nuclear-armed air-launched cruise missiles, and short-range fighter aircraft that can deliver nuclear gravity bombs. The strategic bomber fleet of the United States comprises 87 B–52 and 20 B–2 aircraft, over 60 of which contribute to the nuclear mission. The United States also maintains 400 intercontinental ballistic missiles and 14 Ohio-class submarines, up to 12 of which are deployed. Each of those submarines is armed with approximately 90 nuclear warheads. (3) Between fiscal years 2021 and 2030, the United States will spend an estimated $634,000,000,000 to maintain and recapitalize its nuclear force, according to a January 2019 estimate from the Congressional Budget Office, an increase of $140,000,000,000 from the Congressional Budget Office’s 2019 estimate, with 36 percent of that additional cost stemming mainly from new plans for modernizing [the Department of Energy's] production facilities and from [the Department of Defense’s] modernization programs moving more fully into production . (4) Adjusted for inflation, the Congressional Budget Office estimates that the United States will spend $1,700,000,000,000 through fiscal year 2046 on new nuclear weapons and modernization and infrastructure programs. (5) Inaccurate budget forecasting is likely to continue to plague the Department of Defense and the Department of Energy, as evidenced by the fiscal year 2021 budget request of the President for the National Nuclear Security Administration Weapon Activities account, which far exceeded what the National Nuclear Security Administration had projected in its fiscal year 2020 request and what it had projected in previous years. (6) The projected growth in nuclear weapons spending is coming due as the Department of Defense is seeking to replace large portions of its conventional forces to better compete with the Russian Federation and the People’s Republic of China and as internal and external fiscal pressures are likely to limit the growth of, and perhaps reduce, military spending. As then-Air Force Chief of Staff General Dave Goldfein said in 2020, I think a debate is that this will be the first time that the nation has tried to simultaneously modernize the nuclear enterprise while it's trying to modernize an aging conventional enterprise. The current budget does not allow you to do both. . (7) In 2017, the Government Accountability Office concluded that National Nuclear Security Administration’s budget forecasts for out-year spending downplayed the fact that the agency lacked the resources to complete multiple, simultaneous billion dollar modernization projects and recommended that the National Nuclear Security Administration consider deferring the start of or cancelling specific modernization programs . (8) According to the Government Accountability Office, the National Nuclear Security Administration has still not factored affordability concerns into its planning as was recommended by the Government Accountability Office in 2017, with the warning that it is essential for NNSA to present information to Congress and other key decision maker indicating whether the agency has prioritized certain modernization programs or considered trade-offs (such as deferring or cancelling specific modernization programs) . (9) A December 2020 Congressional Budget Office analysis showed that the projected costs of nuclear forces over the next decade can be reduced by $12,400,000,000 to $13,600,000,000 by trimming back current plans, while still maintaining a triad of delivery systems. Even larger savings would accrue over the subsequent decade. (10) The Department of Defense’s June 2013 nuclear policy guidance entitled Report on Nuclear Employment Strategy of the United States found that force levels under the April 2010 Treaty on Measures for the Further Reduction and Limitation of Strategic Offensive Arms between the United States and the Russian Federation (commonly known as the New START Treaty ) are more than adequate for what the United States needs to fulfill its national security objectives and can be reduced by up to 1/3 below levels under the New START Treaty to 1,000 to 1,100 warheads. (11) Former President Trump expanded the role of, and spending on, nuclear weapons in United States policy at the same time that he withdrew from, unsigned, or otherwise terminated a series of important arms control and nonproliferation agreements. 3. Reductions in nuclear forces (a) Reduction of nuclear-Armed submarines Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense may be obligated or expended for purchasing more than eight Columbia-class submarines. (b) Reduction of ground-Based missiles Notwithstanding any other provision of law, beginning in fiscal year 2022, the forces of the Air Force shall include not more than 150 intercontinental ballistic missiles. (c) Reduction of deployed strategic warheads Notwithstanding any other provision of law, beginning in fiscal year 2022, the forces of the United States Military shall include not more than 1,000 deployed strategic warheads, as that term is defined in the New START Treaty. (d) Limitation on new long-Range penetrating bomber aircraft Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2022 through 2028 for the Department of Defense may be obligated or expended for purchasing more than 80 B–21 long-range penetrating bomber aircraft. (e) Prohibition on F–35 nuclear mission Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F–35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (f) Prohibition on new air-Launched cruise missile Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the research, development, test, and evaluation or procurement of the long-range stand-off weapon or any other new air-launched cruise missile or for the W80 warhead life extension program. (g) Prohibition on new intercontinental ballistic missile Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of the ground-based strategic deterrent or any new intercontinental ballistic missile. (h) Termination of uranium processing facility Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y–12 National Security Complex, Oak Ridge, Tennessee. (i) Prohibition on procurement and deployment of new low-Yield warhead Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended to deploy the W76–2 low-yield nuclear warhead or any other low-yield or nonstrategic nuclear warhead. (j) Prohibition on new submarine-Launched cruise missile Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the research, development, test, and evaluation or procurement of a new submarine-launched cruise missile capable of carrying a low-yield or nonstrategic nuclear warhead. (k) Limitation on plutonium pit production Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for achieving production of more than 30 plutonium pits per year at Los Alamos National Laboratory, Los Alamos, New Mexico. (l) Limitation on W87–1 warhead procurement and deployment Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the procurement or deployment of the W87–1 warhead for use on any missile that can feasibly employ a W87 warhead. (m) Limitation on sustainment of B83–1 bomb Notwithstanding other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the sustainment of the B83–1 bomb beyond the time at which confidence in the B61–12 stockpile is gained. (n) Prohibition on space-Based missile defense Notwithstanding other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the research, development, test, and evaluation or procurement of a space-based missile defense system. (o) Prohibition on the W–93 warhead Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the procurement and deployment of a W–93 warhead on a submarine launched ballistic missile. 4. Reports required (a) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3. (b) Annual report Not later than March 1, 2022, and annually thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3, including any updates to previously submitted reports. (c) Annual nuclear weapons accounting Not later than September 30, 2022, and annually thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during— (1) the fiscal year covered by the report; and (2) the life cycle of such weapon or program. (d) Cost estimate report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the estimated cost savings that result from carrying out section 3. (e) Report on funding National Defense Strategy Not later than 180 days after the publication of a National Defense Strategy under section 113(g) of title 10, United States Code, the Secretary of Defense shall submit to the appropriate committees of Congress a report explaining how the Secretary proposes to fund the National Defense Strategy under different levels of projected defense spending, including scenarios in which— (1) anticipated cost savings from reform do not materialize; or (2) defense spending decreases to the levels specified by the Budget Control Act of 2011 ( Public Law 112–25 ; 125 Stat. 240). (f) Modification of period To be covered by estimates of costs relating to nuclear weapons Section 1043 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1576), as most recently amended by section 1670 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2157), is further amended in subsections (a)(2)(F) and (b)(1)(A) by striking 10-year period each place it appears and inserting 25-year period . (g) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s1862is/xml/BILLS-117s1862is.xml |
117-s-1863 | II 117th CONGRESS 1st Session S. 1863 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Moran (for himself, Mr. Boozman , Mr. Cassidy , Mr. Tillis , Mr. Sullivan , Mrs. Blackburn , Mr. Cramer , and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve access to health care for veterans, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Guaranteeing Healthcare Access to Personnel Who Served Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—MISSION Act Protection Subtitle A—Access to community care Sec. 101. Modifications to access standards for care furnished through Community Care Program of Department of Veterans Affairs. Sec. 102. Strategic plan to ensure continuity of care in the case of the realignment of a medical facility of the Department. Subtitle B—Community care self-scheduling pilot program Sec. 111. Definitions. Sec. 112. Pilot program establishing a community care self-scheduling appointment system. Sec. 113. Capabilities of self-scheduling appointment system. Sec. 114. Report. Subtitle C—Non-Department of Veterans Affairs providers Sec. 121. Credentialing verification requirements for providers of non-Department of Veterans Affairs health care services. Sec. 122. Inapplicability of certain providers to provide non-Department of Veterans Affairs care. TITLE II—Improvement of rural health and telehealth Sec. 201. Establishment of strategic plan requirement for Office of Connected Care of Department of Veterans Affairs. Sec. 202. Comptroller General report on transportation services by third parties for rural veterans. Sec. 203. Comptroller General report on telehealth services of the Department of Veterans Affairs. TITLE III—Foreign Medical Program Sec. 301. Analysis of feasibility and advisability of expanding assistance and support to caregivers to include caregivers of veterans in the Republic of the Philippines. Sec. 302. Comptroller General report on Foreign Medical Program of Department of Veterans Affairs. TITLE IV—Mental health care Sec. 401. Analysis of feasibility and advisability of Department of Veterans Affairs providing evidence-based treatments for the diagnosis of treatment-resistant depression. Sec. 402. Modification of resource allocation system to include peer specialists. Sec. 403. Gap analysis of psychotherapeutic interventions of the Department of Veterans Affairs. TITLE V—Other matters Sec. 501. Online health care education portal. Sec. 502. Exclusion of application of Paperwork Reduction Act to research activities of the Veterans Health Administration. I MISSION Act Protection A Access to community care 101. Modifications to access standards for care furnished through Community Care Program of Department of Veterans Affairs (a) Access standards (1) In general Section 1703B of title 38, United States Code, is amended— (A) by striking subsections (a) through (g) and inserting the following: (a) Threshold eligibility standards for access to community care (1) A covered veteran shall receive non-Department hospital care, medical services, or extended care services through the Veterans Community Care Program under section 1703 of this title pursuant to subsection (d)(1)(D) of such section using the following eligibility access standards: (A) With respect to primary care, mental health care, or non-institutional extended care services, if the Department cannot schedule an appointment for the covered veteran with a health care provider of the Department— (i) within 30 minutes average driving time from the residence of the veteran; and (ii) within 20 days of the date of request for such an appointment unless a later date has been agreed to by the veteran in consultation with the health care provider. (B) With respect to specialty care or specialty services, if the Department cannot schedule an appointment for the covered veteran with a health care provider of the Department— (i) within 60 minutes average driving time from the residence of the veteran; and (ii) within 28 days of the date of request for such an appointment, unless a later date has been agreed to by the veteran in consultation with the health care provider. (2) For the purposes of determining the eligibility of a covered veteran for care or services under paragraph (1), the Secretary shall not take into consideration the availability of telehealth appointments from the Department when determining whether the Department is able to furnish such care or services in a manner that complies with the eligibility access standards under such paragraph. (b) Access to care standards for community care (1) Subject to subsection (c), the Secretary shall meet the following access to care standards when furnishing non-Department hospital care, medical services, or extended care services to a covered veteran through the Veterans Community Care Program under section 1703 of this title: (A) With respect to an appointment for primary care, mental health care, or non-institutional extended care services— (i) within 30 minutes average driving time from the residence of the veteran unless a longer driving time has been agreed to by the veteran; and (ii) within 20 days of the date of request for such an appointment unless a later date has been agreed to by the veteran. (B) With respect to an appointment for specialty care or specialty services— (i) within 60 minutes average driving time from the residence of the veteran unless a longer driving time has been agreed to by the veteran; and (ii) within 28 days of the date of request for such an appointment unless a later date has been agreed to by the veteran. (2) The Secretary shall ensure that health care providers specified under section 1703(c) of this title are able to comply with the applicable access to care standards under paragraph (1) for such providers. (c) Waivers to access to care standards for community care providers (1) A Third Party Administrator may request a waiver to the access to care standards under subsection (b) if— (A) (i) the scarcity of available providers or facilities in the region precludes the Third Party Administrator from meeting those access to care standards; or (ii) the landscape of providers or facilities has changed, and certain providers or facilities are not available such that the Third Party Administrator is not able to meet those access to care standards; and (B) to address the scarcity of available providers or the change in the provider or facility landscape, as the case may be, the Third Party Administrator has contracted with other providers or facilities that may not meet those access to care standards but are the currently available providers or facilities most accessible to veterans within the region of responsibility of the Third Party Administrator. (2) Any waiver requested by a Third Party Administrator under paragraph (1) must be requested in writing and submitted to the Office of Community Care of the Department for approval by that office. (3) As part of any waiver request under paragraph (1), a Third Party Administrator must include conclusive evidence and documentation that the access to care standards under subsection (b) cannot be met because of scarcity of available providers or changes to the landscape of providers or facilities. (4) In evaluating a waiver request under paragraph (1), the Secretary shall consider the following: (A) The number and geographic distribution of eligible health care providers available within the geographic area and specialty referenced in the waiver request. (B) The prevailing market conditions within the geographic area and specialty referenced in the waiver request, which shall include the number and distribution of health care providers contracting with other health care plans (including commercial plans and the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.)) operating in the geographic area and specialty referenced in the waiver request. (C) Whether the service area is comprised of highly rural, rural, or urban areas or some combination of such areas. (D) How significantly the waiver request differs from the relevant access to care standards under subsection (b). (5) The Secretary shall not consider inability to contract as a valid sole rationale for granting a waiver under paragraph (1). (d) Calculation of driving time For purposes of calculating average driving time from the residence of the veteran under subsections (a) and (b), the Secretary shall use geographic information system software. (e) Periodic review of access standards Not later than three years after the date of the enactment of the Guaranteeing Healthcare Access to Personnel Who Served Act , and not less frequently than once every three years thereafter, the Secretary shall— (1) conduct a review of the eligibility access standards under subsection (a) and the access to care standards under subsection (b), in consultation with— (A) such Federal entities as the Secretary considers appropriate, including the Department of Defense, the Department of Health and Human Services, and the Centers for Medicare & Medicaid Services; (B) entities in the private sector; and (C) other entities that are not part of the Federal Government; and (2) submit to the appropriate committees of Congress a report on— (A) the findings of the Secretary with respect to the review conducted under paragraph (1); and (B) such recommendations as the Secretary may have with respect to the eligibility access standards under subsection (a) and the access to care standards under subsection (b). (f) Publication of eligibility access standards and wait times (1) The Secretary shall publish on a publicly available internet website of the Department the eligibility access standards under subsection (a). (2) (A) The Secretary shall publish on a publicly available internet website of the Department the average wait time for a veteran to schedule an appointment at each medical center of the Department for the receipt of primary care and specialty care, measured from the date of request for the appointment to the date on which the care was provided. (B) The Secretary shall update the wait times published under subparagraph (A) not less frequently than monthly. ; (B) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; (C) in subsection (g), as redesignated by subparagraph (B)— (i) in paragraph (1), by striking designated access standards established under this section and inserting eligibility access standards under subsection (a) ; and (ii) in paragraph (2)(B), by striking designated access standards established under this section and inserting eligibility access standards under subsection (a) ; and (D) in subsection (h), as so redesignated, by adding at the end the following new paragraphs: (3) The term inability to contract , with respect to a Third Party Administrator, means the inability of the Third Party Administrator to successfully negotiate and establish a community care network contract with a provider or facility. (4) The term Third Party Administrator means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Program under section 1703 of this title. . (2) Conforming amendments Section 1703(d) of such title is amended— (A) in paragraph (1)(D), by striking designated access standards developed by the Secretary under section 1703B of this title and inserting eligibility access standards under section 1703B(a) of this title ; and (B) in paragraph (3), by striking designated access standards developed by the Secretary under section 1703B of this title and inserting eligibility access standards under section 1703B(a) of this title . (b) Prevention of suspension of Veterans Community Care Program Section 1703(a) of such title is amended by adding at the end the following new paragraph: (4) Nothing in this section shall be construed to authorize the Secretary to suspend the program established under paragraph (1). ; and 102. Strategic plan to ensure continuity of care in the case of the realignment of a medical facility of the Department (a) Sense of Congress It is the sense of Congress that the Veterans Health Administration should work closely with Third Party Administrators to ensure that veterans do not experience a lapse of care when transitioning to receiving care or services under the Community Care Program due to the realignment of a medical facility of the Department of Veterans Affairs. (b) Development of strategic plan (1) In general The Secretary of Veterans Affairs, acting through the Office of Community Care and the Office of Veterans Access to Care of the Department, shall develop and periodically update a strategic plan to ensure continuity of health care under the Community Care Program for veterans impacted by the realignment of a medical facility of the Department. (2) Elements The strategic plan required under paragraph (1) shall include, at a minimum, the following: (A) An assessment of the progress of the Department in identifying impending realignments of medical facilities of the Department and the impact of such realignments on the network of health care providers under the Community Care Program within the catchment area of such facilities. (B) An outline of collaborative actions and processes the Office of Community Care and the Office of Veterans Access to Care of the Department can take to address potential gaps in health care created by the realignment of a medical facility of the Department. (C) A description of how the Department can identify to Third Party Administrators changes in the catchment areas of medical facilities to be realigned and develop a process with Third Party Administrators to strengthen provider coverage in advance of such realignments. (3) Submittal to Congress Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Health of the Department shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the plan developed under paragraph (1). (c) Definitions In this section: (1) Community Care Program The term Community Care Program means the Veterans Community Care Program under section 1703 of title 38, United States Code. (2) Realignment The term realignment , with respect to a facility of the Department of Veterans Affairs, includes— (A) any action that changes the number of facilities or relocates services, functions, or personnel positions; and (B) strategic collaborations between the Department and non-Federal Government entities, including tribal organizations. (3) Third Party Administrator The term Third Party Administrator means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Program under section 1703 of title 38, United States Code. (4) Tribal organization The term tribal organization has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). B Community care self-scheduling pilot program 111. Definitions In this subtitle: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives. (2) Covered veteran The term covered veteran means a covered veteran under section 1703(b) of title 38, United States Code. (3) Pilot program The term pilot program means the pilot program required under section 112(a). (4) Veterans Community Care Program The term Veterans Community Care Program means the program to furnish hospital care, medical services, and extended care services to covered veterans under section 1703 of title 38, United States Code. 112. Pilot program establishing a community care self-scheduling appointment system (a) Pilot program Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program under which covered veterans eligible for hospital care, medical services, or extended care services under subsection (d)(1) of section 1703 of title 38, United States Code, may use an internet website or mobile application that has the capabilities specified in section 113(a) to request, schedule, and confirm medical appointments with health care providers participating in the Veterans Community Care Program. (b) System expansion or development of new system In carrying out the pilot program, the Secretary may expand capabilities of an existing self-scheduling appointment system of the Department of Veterans Affairs or develop a new self-scheduling system mobile application or internet website. (c) Contract authority for developing a new system (1) In general If the Secretary elects to develop a new self-scheduling system under subsection (b), the Secretary shall seek to enter into a contract using competitive procedures with one or more contractors to provide the capabilities specified in section 113(a). (2) Notice of competition (A) In general If the Secretary elects to develop a new system under subsection (b), not later than 60 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals to provide the capabilities specified in section 113(a). (B) Open to any contractor A request for proposals under subparagraph (A) shall be full and open to any contractor that has an existing commercially available, off-the-shelf, online patient self-scheduling system that includes the capabilities specified in section 113(a). (3) Selection If the Secretary elects to develop a new self-scheduling system under subsection (b), not later than 120 days after the date of the enactment of this Act, the Secretary shall award a contract to one or more contractors pursuant to the request for proposals under paragraph (2)(A). (d) Selection of locations The Secretary shall select not fewer than five Veterans Integrated Services Networks of the Department in which to carry out the pilot program. (e) Duration of pilot program (1) In general Except as provided in paragraph (2), the Secretary shall carry out the pilot program for an 18-month period. (2) Extension The Secretary may extend the duration of the pilot program and may expand the selection of Veterans Integrated Services Networks under subsection (d) if the Secretary determines that the pilot program is reducing the wait times of veterans seeking hospital care, medical services, or extended care services under the Veterans Community Care Program. (f) Outreach The Secretary shall ensure that veterans participating in the Veterans Community Care Program in Veterans Integrated Services Networks in which the pilot program is being carried out are informed about the pilot program. (g) Mobile application defined In this section, the term mobile application means a software program that runs on the operating system of a cellular telephone, tablet computer, or similar portable computing device that transmits data over a wireless connection. 113. Capabilities of self-scheduling appointment system (a) Minimum capabilities The Secretary of Veterans Affairs shall ensure that the self-scheduling appointment system used in the pilot program includes, at a minimum, the following capabilities: (1) Capability to request, schedule, modify, and cancel appointments for primary care, specialty care, and mental health care under the Veterans Community Care Program with regard to each category of eligibility under section 1703(d)(1) of title 38, United States Code. (2) Capability to support appointments for the provision of health care under the Veterans Community Care Program regardless of whether such care is provided in person or through telehealth services. (3) Capability to view appointment availability in real time to the extent practicable. (4) Capability to load relevant patient information from the Decision Support Tool of the Department or any other information technology system of the Department used to determine the eligibility of veterans for health care under section 1703(d)(1) of title 38, United States Code. (5) Capability to search for providers and facilities participating in the Veterans Community Care Program based on distance from the residential address of a veteran. (6) Capability to provide telephonic and electronic contact information for all such providers that do not offer online scheduling at the time. (7) Capability to store and print authorization letters for veterans for health care under the Veterans Community Care Program. (8) Capability to provide prompts or reminders to veterans to schedule initial appointments or follow-up appointments. (9) Capability to be used 24 hours per day, seven days per week. (10) Capability to integrate with the Veterans Health Information Systems and Technology Architecture of the Department, or any successor information technology system of the Department. (11) Capability to integrate with information technology systems of Third Party Administrators. (b) Independent validation and verification (1) Independent entity (A) In general The Secretary shall seek to enter into an agreement with an appropriate nongovernmental, not-for-profit entity with expertise in health information technology to independently validate and verify that the self-scheduling appointment system used in the pilot program includes the capabilities specified in subsection (a). (B) Timing The independent validation and verification conducted under subparagraph (A) shall be completed before the fielding of the self-scheduling appointment system used in the pilot program to the first Veterans Integrated Services Network of the Department in which the pilot program is to be carried out. (2) GAO evaluation (A) In general The Comptroller General of the United States shall evaluate the validation and verification conducted under paragraph (1). (B) Report Not later than 30 days after the date on which the Comptroller General completes the evaluation under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on such evaluation. (c) Certification (1) Capabilities included Not later than May 31, 2022, the Secretary shall certify to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives that the self-scheduling appointment system used in the pilot program and any other patient self-scheduling appointment system developed or used by the Department of Veterans Affairs as of the date of the certification to schedule appointments under the Veterans Community Care Program includes the capabilities specified in subsection (a). (2) New systems If the Secretary develops a new self-scheduling appointment system to schedule appointments under the Veterans Community Care Program that is not covered by a certification made under paragraph (1), the Secretary shall certify to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives that such new system includes the capabilities specified in subsection (a) by not later than the date that is 30 days after the date on which the Secretary determines to replace the previous self-scheduling appointment system. (3) Replacement of systems not certified If the Secretary does not make a timely certification under paragraph (1) or paragraph (2), as the case may be, the Secretary shall replace any self-scheduling appointment system used by the Secretary to schedule appointments under the Veterans Community Care Program that is in use with a commercially available, off-the-shelf, online self-scheduling appointment system that includes the capabilities specified in subsection (a). (d) Third Party Administrator defined In this section, the term Third Party Administrator means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Program under section 1703 of title 38, United States Code. 114. Report Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report that includes— (1) an assessment by the Secretary of the pilot program during the 180-day period preceding the date of the report, including— (A) the cost of the pilot program; (B) the volume of usage of the self-scheduling appointment system under the pilot program; (C) the quality of the pilot program; (D) patient satisfaction with the pilot program; (E) benefits to veterans of using the pilot program; (F) the feasibility of allowing self-scheduling for different specialties under the pilot program; (G) participating in the pilot program by health care providers under the Veterans Community Care Program; and (H) such other findings and conclusions with respect to the pilot program as the Secretary considers appropriate; and (2) such recommendations as the Secretary considers appropriate regarding— (A) extension of the pilot program to other or all Veterans Integrated Service Networks of the Department of Veterans Affairs; and (B) making the pilot program permanent. C Non-Department of Veterans Affairs providers 121. Credentialing verification requirements for providers of non-Department of Veterans Affairs health care services (a) Credentialing verification requirements (1) In general Subchapter I of chapter 17 of title 38, United States Code, is amended by inserting after section 1703E the following new section: 1703F. Credentialing verification requirements for providers of non-Department health care services (a) In general The Secretary shall ensure that Third Party Administrators and credentials verification organizations comply with the requirements specified in subsection (b) to help ensure certain health care providers are excluded from providing non-Department health care services. (b) Requirements specified The Secretary shall require Third Party Administrators and credentials verification organizations to carry out the following: (1) Hold and maintain an active credential verification accreditation from a national health care accreditation body. (2) Conduct initial verification of provider history and license sanctions for all States and United States territories for a period of time— (A) that includes the period before the provider began providing non-Department health care services; and (B) dating back not less than 10 years. (3) Not less frequently than every three years, perform recredentialing, including verifying provider history and license sanctions for all States and United States territories. (4) Implement continuous monitoring of each provider through the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11101 et seq.). (c) Definitions In this section: (1) The term credentials verification organization means an entity that manages the provider credentialing process and performs credentialing verification for non-Department providers that participate in the Veterans Community Care Program under section 1703 of this title through a Veterans Care Agreement. (2) The term Third Party Administrator means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Program under section 1703 of this title. (3) The term Veterans Care Agreement means an agreement for non-Department health care services entered into under section 1703A of this title. (4) The term non-Department health care services means services— (A) provided under this subchapter at non-Department facilities (as defined in section 1701 of this title); (B) provided under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 38 U.S.C. 1701 note); (C) purchased through the Medical Community Care account of the Department; or (D) purchased with amounts deposited in the Veterans Choice Fund under section 802 of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 38 U.S.C. 1701 note). . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1703E the following new item: 1703F. Credentialing verification requirements for providers of non-Department health care services. . (b) Deadline for implementation Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence the implementation of section 1703F of title 38, United States Code, as added by subsection (a)(1). 122. Inapplicability of certain providers to provide non-Department of Veterans Affairs care Section 108 of the VA MISSION Act of 2018 ( Public Law 115–182 ; 38 U.S.C. 1701 note) is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): (d) Application The requirement to deny or revoke the eligibility of a health care provider to provide non-Department health care services to veterans under subsection (a) shall apply to any removal under paragraph (1) of such subsection or violation under paragraph (2) of such subsection that occurred on or after the date that is five years before the date of the enactment of this Act. . II Improvement of rural health and telehealth 201. Establishment of strategic plan requirement for Office of Connected Care of Department of Veterans Affairs (a) Findings Congress makes the following findings: (1) The COVID–19 pandemic caused the Department of Veterans Affairs to exponentially increase telehealth and virtual care modalities, including VA Video Connect, to deliver health care services to veteran patients. (2) Between January 2020 and January 2021, the number of telehealth appointments offered by the Department increased by 1,831 percent. (3) The Department maintains strategic partnerships, such as the Digital Divide Consult, with a goal of ensuring veterans who reside in rural, highly rural, or medically underserved areas have access to high-quality telehealth services offered by the Department. (4) As of 2019, veterans who reside in rural and highly rural areas make up approximately 1/3 of veteran enrollees in the patient enrollment system, and are on average, older than their veteran peers in ubran areas, experience higher degrees of financial instability, and live with a greater number of complex health needs and comorbidities. (5) The Federal Communications Commission estimated in 2020 that 15 percent of veteran households do not have an internet connection. (6) Under the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), Congress granted the Department additional authority to enter into short-term agreements or contracts with private sector telecommunications companies to provide certain broadband services for the purposes of providing expanded mental health services to isolated veterans through telehealth or VA Video Connect during a public health emergency. (7) The authority described in paragraph (6) was not utilized to the fullest extent by the Department. (8) Though the Department has made significant progress in expanding telehealth services offered to veterans who are enrolled in the patient enrollment system, significant gaps still exist to ensure all veterans receive equal and high-quality access to virtual care. (9) Questions regarding the efficacy of using telehealth for certain health care services and specialities remain, and should be further studied. (10) The Department continues to expand telehealth and virtual care offerings for primary care, mental health care, specialty care, urgent care, and even remote intensive care units. (b) Sense of Congress It is the sense of Congress that the telehealth services offered by the Department of Veterans Affairs should be routinely measured and evaluated to ensure the telehealth technologies and modalities delivered to veteran patients to treat a wide variety of health conditions are as effective as in-person treatment for primary care, mental health care, and other forms of specialty care. (c) Development of strategic plan (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Office of Connected Care of the Department of Veterans Affairs, shall develop a strategic plan to ensure the effectiveness of the telehealth technologies and modalities delivered by the Department to veterans who are enrolled in the patient enrollment system. (2) Update (A) In general The Secretary shall update the strategic plan required under paragraph (1) not less frequently than once every three years following development of the plan. (B) Consultation The Secretary shall prepare any update required under subparagraph (A) in consultation with the following: (i) The Chief Officer of the Office of Connected Care of the Department. (ii) The Executive Director of Telehealth Services of the Office of Connected Care. (iii) The Executive Director of Connected Health of the Office of Connected Care. (iv) The Executive Director of the Office of Rural Health of the Department. (v) The Executive Director of Solution Delivery, IT Operations and Services of the Office of Information and Technology of the Department. (3) Elements The strategic plan required under paragraph (1), and any update to that plan under paragraph (2), shall include, at a minimum, the following: (A) A comprehensive list of all health care specialities the Department is currently delivering by telehealth or virtual care. (B) An assessment of the effectiveness and patient outcomes for each type of health care speciality delivered by telehealth or virtual care by the Department. (C) An assessment of satisfaction of veterans in receiving care through telehealth or virtual care disaggregated by age group and by Veterans Integrated Service Network. (D) An assessment of the percentage of virtual visits delivered by the Department through each modality including standard telephone telehealth, VA Video Connect, and the Accessing Telehealth through Local Area Stations program of the Department. (E) An outline of all current partnerships maintained by the Department to bolster telehealth or virtual care services for veterans. (F) An assessment of the barriers faced by the Department in delivering telehealth or virtual care services to veterans residing in rural and highly rural areas, and the strategies the Department is deploying beyond purchasing hardware for veterans who are enrolled in the patient enrollment system. (G) A detailed plan illustrating how the Department is working with other Federal agencies, including the Department of Health and Human Services, the Department of Agriculture, the Federal Communications Commission, and the National Telecommunications and Information Administration, to enhance connectivity in rural, highly rural, and medically underserved areas to better reach all veterans. (H) The feasibility and advisability of partnering with Federally qualified health centers, rural health clinics, and critical access hospitals to fill the gap for health care services that exists for veterans who reside in rural and highly rural areas. (I) An evaluation of the number of veterans who are enrolled in the patient enrollment system who have previously received care under the Veterans Community Care Program under section 1703 of title 38, United States Code. (d) Submittal to Congress Not later than 180 days after the development of the strategic plan under paragraph (1) of subsection (c), and not later than 180 days after each update under paragraph (2) of such subsection thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (1) The completed strategic plan or update, as the case may be. (2) An identification of areas of improvement by the Department in the delivery of telehealth and virtual care services to veterans who are enrolled in the patient enrollment system, with a timeline for improvements to be implemented. (e) Definitions (1) Patient enrollment system The term patient enrollment system means the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code. (2) Rural; highly rural The terms rural and highly rural have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture. (3) VA Video Connect The term VA Video Connect means the program of the Department of Veterans Affairs to connect veterans with their health care team from anywhere, using encryption to ensure a secure and private connection. (4) Veteran The term veteran has the meaning given that term in section 101(2) of title 38, United States Code. 202. Comptroller General report on transportation services by third parties for rural veterans (a) Report required Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the program established under section 111A(b) of title 38, United States Code. (b) Contents The report submitted under subsection (a) shall include the following: (1) A description of the program described in such subsection, including descriptions of the following: (A) The purpose of the program. (B) The activities carried out under the program. (2) An assessment of the sufficiency of the program with respect to the purpose of the program. (3) An assessment of the cost effectiveness of the program in comparison to alternatives. (4) An assessment of the health benefits for veterans who have participated in the program. (5) An assessment of the sufficiency of staffing of employees of the Department of Veterans Affairs who are responsible for facilitating the maintenance of the program. (6) An assessment, with respect to the purpose of the program, of the number of vehicles owned by and operating in conjunction with the program. (7) An assessment of the awareness and usage of the program by veterans and their families. (8) An assessment of other options for transportation under the program, such as local taxi companies and ridesharing programs such as Uber and Lyft. 203. Comptroller General report on telehealth services of the Department of Veterans Affairs (a) In general Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on telehealth services provided by the Department of Veterans Affairs. (b) Elements The report required by subsection (a) shall include an assessment of the following: (1) The telehealth and virtual health care programs of the Department of Veterans Affairs, including VA Video Connect. (2) The challenges faced by the Department in delivering telehealth and virtual health care to veterans who reside in rural and highly rural areas due to lack of connectivity in many rural areas. (3) Any mitigation strategies used by the Department to overcome connectivity barriers for veterans who reside in rural and highly rural areas. (4) The partnerships entered into by the Office of Connected Care of the Department in an effort to bolster telehealth services. (5) The extent to which the Department has examined the effectiveness of health care services provided to veterans through telehealth in comparison to in-person treatment. (6) Satisfaction of veterans with respect to the telehealth services provided by the Department. (7) The use by the Department of telehealth appointments in comparison to referrals to care under the Veterans Community Care Program under section 1703 of title 38, United States Code. (8) Such other areas as the Comptroller General considers appropriate. III Foreign Medical Program 301. Analysis of feasibility and advisability of expanding assistance and support to caregivers to include caregivers of veterans in the Republic of the Philippines (a) Findings Congress makes the following findings: (1) Although section 161 of the VA MISSION Act of 2018 ( Public Law 115–182 ; 132 Stat. 1438) expanded the program of comprehensive assistance for family caregivers of the Department of Veterans Affairs under section 1720G(a) of title 38, United States Code, to veterans of all eras, it did not expand the program to family caregivers for veterans overseas. (2) Although caregivers for veterans overseas can access online resources as part of the program of support services for caregivers of veterans under subsection (b) section 1720G of such title, those caregivers miss out on all of the comprehensive services and benefits provided under subsection (a) of such section. (3) The Department has an outpatient clinic and a regional benefits office in Manila, Republic of the Philippines, and the Foreign Medical Program of the Department under section 1724 of such title is used heavily in the Republic of the Philippines by veterans who live in that country. (4) Due to the presence of facilities of the Department in the Republic of the Philippines and the number of veterans who reside there, that country is a suitable test case to analyze the feasibility and advisability of expanding caregiver support to caregivers of veterans overseas. (b) Analysis Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete an analysis of the feasibility and advisability of making assistance and support under section 1720G(a) of title 38, United States Code, available to caregivers of veterans in the Republic of the Philippines. (c) Report Not later than 180 days after the conclusion of the analysis conducted under subsection (b), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (1) The results of such analysis. (2) An assessment of the number of veterans who are enrolled in the patient enrollment system and reside in the Republic of the Philippines. (3) An assessment of the number of veterans who are enrolled in the patient enrollment system and reside in the Republic of the Philippines that have a caregiver to provide them personal care services described in section 1720G(a)(C) of title 38, United States Code. (4) An assessment of the staffing needs and associated cost of making assistance and support to available to caregivers of veterans in the Republic of the Philippines. (d) Definitions In this section: (1) Caregiver The term caregiver has the meaning given that term in section 1720G(d) of title 38, United States Code. (2) Patient enrollment system The term patient enrollment system means the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of such title. (3) Veteran The term veteran has the meaning given that term in section 101(2) of such title. 302. Comptroller General report on Foreign Medical Program of Department of Veterans Affairs (a) In general Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the Foreign Medical Program. (b) Elements The report required by subsection (a) shall include, for the most recent five fiscal years for which data are available, an assessment of the following: (1) The number of veterans who live overseas and are eligible for the Foreign Medical Program. (2) The number of veterans who live overseas, are registered for the Foreign Medical Program, and use such program. (3) The number of veterans who live overseas, are registered for the Foreign Medical Program, and do not use such program. (4) The number of veterans who are eligible for care furnished by the Department of Veterans Affairs, live in the United States, including territories of the United States, and make use of such care, including through the Veterans Community Care Program under section 1703 of title 38, United States Code. (5) Any challenges faced by the Department in administering the Foreign Medical Program, including— (A) outreach to veterans on eligibility for such program and ensuring veterans who live overseas are aware of such program; (B) executing timely reimbursements of claims by veterans under such program; and (C) need for and use of translation services. (6) Any trends relating to— (A) the timeliness of processing by the Department of claims under the Foreign Medical Program and reimbursement of veterans under such program; (B) types of care or treatment sought by veterans who live overseas that is reimbursed under such program; and (C) types of care or treatment eligible for reimbursement under such program that veterans have difficulty accessing overseas. (7) Any barriers or obstacles cited by veterans who live overseas who are registered for the Foreign Medical Program, including any differences between veterans who use the program and veterans who do not. (8) Satisfaction of veterans who live overseas with the Foreign Medical Program. (9) Such other areas as the Comptroller General considers appropriate. (c) Foreign Medical Program defined In this section, the term Foreign Medical Program means the program under with the Secretary of Veterans Affairs provides hospital care and medical services under section 1724 of title 38, United States Code. IV Mental health care 401. Analysis of feasibility and advisability of Department of Veterans Affairs providing evidence-based treatments for the diagnosis of treatment-resistant depression (a) Findings Congress makes the following findings: (1) A systematic review in 2019 of the economics and quality of life relating to treatment-resistant depression summarized that major depressive disorder (in this subsection referred to as MDD ) is a global public health concern and that treatment-resistant depression in particular represents a key unmet need. The findings of that review highlighted the need for improved therapies for treatment-resistant depression to reduce disease burden, lower medical costs, and improve the quality of life of patients. (2) The Clinical Practice Guideline for the Management of MDD (in this subsection referred to as the CPG ) developed jointly by the Department of Veterans Affairs and the Department of Defense defines treatment-resistant depression as at least two adequate treatment trials and lack of full response to each. (3) The CPG recommends electro-convulsive therapy (in this subsection referred to as ECT ) as a treatment strategy for patients who have failed multiple other treatment strategies. (4) The CPG recommends offering repetitive transcranial magnetic stimulation (in this subsection referred to as rTMS ), an intervention that is indicated by the Food and Drug Administration, for treatment during a major depressive episode in patients with treatment-resistant MDD. (5) The final report of the Creating Options for Veterans’ Expedited Recovery Commission (commonly referred to as the COVER Commission ) established under section 931 of the Jason Simcakoski Memorial and Promise Act (title IX of Public Law 114–198 ; 38 U.S.C. 1701 note) found that treatment-resistant depression is a major issue throughout the mental health treatment system, and that an estimated 50 percent of depressed patients are inadequately treated by available interventions. (6) The COVER Commission also reported data collected from the Department of Veterans Affairs that found that only approximately 1,166 patients throughout the Department were referred for ECT in 2018 and only approximately 772 patients were referred for rTMS during that year. (b) Analysis Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete an analysis of the feasibility and advisability of making repetitive transcranial magnetic stimulation available at all medical facilities of the Department of Veterans Affairs and electro-convulsive therapy available at one medical center located within each Veterans Integrated Service Network for the treatment of veterans who are enrolled in the patient enrollment system and have a diagnosis of treatment-resistant depression. (c) Inclusion of assessment of report The analysis conducted under subsection (b) shall include an assessment of the final report of the COVER Commission submitted under section 931(e)(2) of the Jason Simcakoski Memorial and Promise Act (title IX of Public Law 114–198 ; 38 U.S.C. 1701 note). (d) Report Not later than 180 days after the conclusion of the analysis conducted under subsection (b), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following: (1) The results of such analysis. (2) An assessment of the number of veterans who are enrolled in the patient enrollment system and who have a diagnosis of treatment-resistant depression per Veterans Integrated Service Network during the two-year period preceding the date of the report. (3) An assessment of the number of the veterans who are enrolled in the patient enrollment system who have a diagnosis of treatment-resistant depression and who have received or are currently receiving repetitive transcranial magnetic stimulation or electro-convulsive therapy as a treatment modality during the two-year period preceding the date of the report. (4) An assessment of the number and locations of medical centers of the Department that currently provide repetitive transcranial magnetic stimulation to veterans who are enrolled in the patient enrollment system and who have a diagnosis of treatment-resistant depression. (5) An assessment of the number and locations of medical centers of the Department that currently provide electro-convulsive therapy to veterans who are enrolled in the patient enrollment system and who have a diagnosis of treatment-resistant depression. (e) Definitions In this section: (1) Patient enrollment system The term patient enrollment system means the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code. (2) Veteran The term veteran has the meaning given that term in section 101(2) of title 38, United States Code. 402. Modification of resource allocation system to include peer specialists (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall modify the Veterans Equitable Resource Allocation system, or successor system, to ensure that resource allocations under such system, or successor system, include peer specialists appointed under section 7402(b)(13) of title 38, United States Code. (b) Veterans Equitable Resource Allocation system defined In this section, the term Veterans Equitable Resource Allocation system means the resource allocation system established pursuant to section 429 of the Departments of Veterans Affairs and House and Urban Development, and Independent Agencies Appropriations Act, 1997 ( Public Law 104–204 ; 110 Stat. 2929). 403. Gap analysis of psychotherapeutic interventions of the Department of Veterans Affairs (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a gap analysis throughout the entire health care system of the Veterans Health Administration on the use and availability of psychotherapeutic interventions recommended in widely used clinical practice guidelines as recommended in the final report of the COVER Commission submitted under section 931(e)(2) of the Jason Simcakoski Memorial and Promise Act (title IX of Public Law 114–198 ; 38 U.S.C. 1701 note). (b) Elements The gap analysis required under subsection (a) shall include the following: (1) An assessment of the psychotherapeutic interventions available and routinely delivered to veterans at medical centers of the Department of Veterans Affairs within each Veterans Integrated Service Network of the Department. (2) An assessment of the barriers faced by medical centers of the Department in offering certain psychotherapeutic interventions and why those interventions are not widely implemented or are excluded from implementation throughout the entire health care system of the Veterans Health Administration. (c) Report and plan Not later than 180 days after completing the gap analysis under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives— (1) a report on the results of the analysis; and (2) a plan with measurable, time-limited steps for the Department to implement— (A) to address the gaps that limit access of veterans to care; and (B) to treat various mental health conditions across the entire health care system of the Veterans Health Administration. V Other matters 501. Online health care education portal (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an online health care education portal to ensure veterans enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705(a) of title 38, United States Code, are aware of the health care services provided by the Department and understand their basic health care entitlements under the laws administered by the Secretary. (b) Interactive modules (1) In general The health care education portal established under subsection (a) shall include, at a minimum, interactive online educational modules on the following: (A) Health care from the Veterans Health Administration in the community, including under the Veterans Community Care Program under section 1703 of title 38, United States Code. (B) Telehealth services. (C) The appeals process for the Veterans Health Administration. (D) Patient aligned care teams. (E) Mental health care services. (F) Suicide prevention services. (G) Specialty care services. (H) Dental health services. (I) Women’s health services. (J) Navigating the publicly accessible internet websites and mobile applications of the Veterans Health Administration. (K) Vaccinations offered through the Veterans Health Administration. (L) Toxic exposure. (M) Military sexual trauma. (N) Topics set forth under section 121(b) of the VA MISSION Act of 2018 ( Public Law 115–182 ; 38 U.S.C. 1701 note). (2) Module updates The Secretary shall update the curriculum content of the modules described in paragraph (1) not less frequently than annually to ensure such modules contain the most current information on the module topic. (c) Health care education portal requirements The Secretary shall ensure that the health care education portal established under subsection (a) meets the following requirements: (1) The portal is directly accessible from— (A) The main home page of the publicly accessible internet website of the Department; and (B) The main home page of the publicly accessible internet website of each medical center of the Department. (2) The portal is easily understandable and usable by the general public. (d) Print material In developing the health care education portal established under subsection (a), the Secretary shall ensure that materials included in such portal are accessible in print format at each medical center of the Department to veterans who may not have access to the internet. (e) Consultation and contract authority In carrying out the health care education portal established under subsection (a), the Secretary— (1) shall consult with organizations recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code; and (2) may enter into a contract with a company, non-profit entity, or other entity specializing in development of educational programs to design the portal and the curriculum for modules under subsection (b). (f) Report Not later than one year after the establishment of the health care education portal under subsection (a), and annually thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report— (1) assessing the use by veterans of the portal, including— (A) overall usage of the portal; and (B) use of each module under subsection (b); (2) assessing the effectiveness of the education program contained in such portal; (3) evaluating the curriculum contained in such portal; (4) providing such recommendations on modifications to the curriculum contained in such portal as the Secretary considers appropriate; and (5) including such other elements the Secretary considers appropriate. 502. Exclusion of application of Paperwork Reduction Act to research activities of the Veterans Health Administration (a) In general Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: 7330D. Inapplicability of Paperwork Reduction Act to research activities Subchapter I of chapter 35 of title 44 (commonly referred to as the Paperwork Reduction Act ) shall not apply to the voluntary collection of information during the conduct of research by the Veterans Health Administration, including the Office of Research and Development, or individuals or entities affiliated with the Veterans Health Administration. . (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 7330C the following new item: 7330D. Inapplicability of Paperwork Reduction Act to research activities. . | https://www.govinfo.gov/content/pkg/BILLS-117s1863is/xml/BILLS-117s1863is.xml |
117-s-1864 | II 117th CONGRESS 1st Session S. 1864 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Menendez (for himself, Mrs. Shaheen , Mr. Blumenthal , Mr. Booker , Mr. Van Hollen , Ms. Klobuchar , Mr. Schatz , Mr. Kaine , Ms. Hirono , Mr. Coons , Mrs. Gillibrand , Mr. Markey , Mr. Leahy , Mr. Cardin , Mr. Durbin , Mr. Brown , Mr. Wyden , Ms. Rosen , Ms. Duckworth , Mrs. Murray , Mr. Bennet , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes.
1. Short title This Act may be cited as the Reproductive Rights are Human Rights Act of 2021 . 2. Findings Congress finds the following: (1) The United States has joined the international community in identifying reproductive rights as human rights, including in connection with the 1994 International Conference on Population and Development, the 1995 Beijing World Conference on Women, and through its ratification of the International Covenant on Civil and Political Rights, done at New York December 19, 1966 (referred to in this Act as ICCPR ), the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York December 21, 1965, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (2) General comment No. 36 (2018) on article 6 of the ICCPR, which was adopted by the Human Rights Committee on October 30, 2018, asserts that States parties— (A) should ensure access for all persons to quality and evidence-based information and education about sexual and reproductive health and to a wide range of affordable contraceptive methods ; (B) must provide safe, legal, and effective access to abortion where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where pregnancy is the result of rape or incest or is not viable ; (C) ensure the availability of, and effective access to, quality prenatal and post-abortion health care for women and girls ; and (D) must not impose restrictions on the ability of women or girls to seek abortion in a manner that jeopardizes their lives, subjects them to physical or mental pain or suffering, discriminates against them, arbitrarily interferes with their privacy, or places them at risk of undertaking unsafe abortions. (3) Reproductive coercion, which is any behavior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights. (4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health services, and barriers, including anti-LGBTQI+ laws, policies, and gender norms in countries. The denial of access to sexual and reproductive health care and associated human rights violations due to these barriers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices. (5) Human rights are grounded in international standards. The Department of State’s deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world. (6) Limiting reproductive rights also limits pathways to economic, social, and political empowerment. Sexual and reproductive health and rights are essential for sustainable economic development, are intrinsically linked to gender equality and women’s well-being, and are critical to community health. (7) The global COVID–19 pandemic has placed at risk the fulfillment of reproductive rights. The United Nations Office of the High Commissioner for Human Rights has raised concerns that overloaded health systems, shortages of medical supplies, and disruptions of global supply chains have undermined the sexual and reproductive health and rights of individuals. 3. Annual country reports on human rights practices (a) In general The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) is amended— (1) in section 116(d) ( 22 U.S.C. 2151n(d) ), by amending paragraph (2) to read as follows: (2) the status of reproductive rights in each country, including— (A) whether such country has adopted and enforced policies— (i) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, nondiscriminatory family planning and sexual health information; (ii) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth free from violence and discrimination; (iii) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and (iv) to expand or restrict access to safe abortion services or post-abortion care, or to criminalize pregnancy-related outcomes, including spontaneous miscarriages or pregnancies outside of marriage; (B) a description of the rates and causes of pregnancy-related injuries and deaths, including deaths due to unsafe abortions; (C) a description of— (i) the nature and extent of instances of discrimination, coercion, and violence against women, girls, and LGBTQI+ individuals in all settings where health care is provided, including in detention; (ii) instances of obstetric violence, involuntary or coerced abortion, involuntary or coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and (iii) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; (D) a description of— (i) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; (ii) the barriers such individuals face in accessing such services; (iii) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and (iv) the actions, if any, taken by the government of such country to address such denials; and (E) a description of— (i) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and (ii) any measures taken by the government of such country to hold health systems accountable for addressing such disparities; ; and (2) in section 502B ( 22 U.S.C. 2304 )— (A) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (B) by adding at the end the following: (k) Inclusion of status of reproductive rights in Annual Country Reports on Human Rights Practices The report required under subsection (b) shall include a description of the status of reproductive rights in each country, including— (1) whether such country has adopted and enforced policies— (A) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, non-discriminatory family planning and sexual health information; (B) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth, free from violence and discrimination; (C) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of reproductive tract infections and reproductive cancers; and (D) to expand or restrict access to safe abortion services or post-abortion care, or criminalize pregnancy-related outcomes, including spontaneous miscarriages and pregnancies outside of marriage; (2) a description of the rates and causes of pregnancy-related injuries and deaths, including deaths due to unsafe abortions; (3) a description of— (A) the nature and extent of instances of discrimination, coercion, and violence against women, girls and LGBTQI+ individuals in all settings where health care is provided, including in detention; (B) instances of coerced abortion, coerced pregnancy, coerced sterilization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, and other forms of reproductive and sexual coercion; and (C) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; (4) a description of— (A) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is satisfied with modern methods; (B) the barriers such individuals face in accessing such services; (C) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country; and (D) the actions, if any, taken by the government of such country to respond to such denials; and (5) a description of— (A) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, including pregnancy-related injuries and deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and (B) any measures taken by the government of such country to hold health systems accountable for addressing such disparities. . (b) Consultation required In preparing the Annual Country Reports on Human Rights Practices required under sections 116(d) and 502B of the Foreign Assistance Act of 1961, as amended by subsection (a)), the Secretary of State, the Assistant Secretary of State for Democracy, Human Rights, and Labor, and other relevant officials, including human rights officers at United States diplomatic and consular posts, shall consult with— (1) representatives of United States civil society and multilateral organizations with demonstrated experience and expertise in sexual and reproductive health and rights or promoting the human rights of women, girls, and LGBTQI+ persons; (2) relevant local nongovernmental organizations in all countries included in such reports, including organizations serving women, girls, and LGBTQI+ persons that are focused on sexual and reproductive health and rights; and (3) relevant agencies and offices of the United States Government that track or are otherwise involved in the monitoring of reproductive and sexual health around the world. | https://www.govinfo.gov/content/pkg/BILLS-117s1864is/xml/BILLS-117s1864is.xml |
117-s-1865 | II 117th CONGRESS 1st Session S. 1865 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Hagerty (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require advance consultation with State and local officials and monthly reports to Congress regarding the resettlement, transportation, and relocation of aliens in the United States.
1. Short title This Act may be cited as the Migrant Resettlement Transparency Act . 2. Advance consultation with State and local officials and monthly reports to Congress regarding the resettlement, transportation, and relocation of aliens in the United States (a) Consultation requirement Not later than 3 business days before any resettlement, transportation, or relocation of non-detained aliens in the United States that is directed, administered, or funded by the Federal Government, the Secretary of Health and Human Services (in the case of minors) or the Secretary of Homeland Security (in the case of adults), as appropriate, shall consult with the governors and municipal chief executives of the directly affected States and local jurisdictions regarding the proposed resettlement, transportation, or relocation. (b) Reports required Not later than 7 days after the date of the enactment of this Act, and monthly thereafter, the Secretary of Health and Human Services and the Secretary of Homeland Security, in consultation with other appropriate Federal officials, shall— (1) submit a State-specific report regarding the resettlement, transportation, or relocation of non-detained aliens in the United States during the previous month that was directed, administered, or funded by the Federal Government or that involved aliens subject to the U.S. Immigration and Customs Enforcement’s Alternatives to Detention program that contains the information described in subsection (c) to— (A) the Committee on the Judiciary of the Senate ; (B) the Committee on Appropriations of the Senate ; (C) the Committee on the Judiciary of the House of Representatives ; (D) the Committee on Appropriations of the House of Representatives ; and (E) the governor of each of the affected States; and (2) make the report described in paragraph (1) available on a publicly accessible website. (c) Contents Each report under subsection (b) shall contain, with respect to each State— (1) the number of aliens resettled, transported, or relocated during the previous month and the current calendar year, disaggregated by— (A) the numbers of single adults, members of family units, and minors; (B) age; (C) sex; and (D) country of origin; (2) the methods used to determine the ages of such aliens; (3) the methods used to verify the familial status of such aliens; (4) the types of settings in which such aliens are being resettled, transported, or relocated, which may be aggregated by the general type of setting; (5) a summary of the educational or occupational resources or assistance provided to such aliens; (6) whether such aliens are granted permits to work and how any such aliens without a work permit will financially support themselves; (7) the amounts and types of Federal resources spent on alien resettlement, transportation, or relocation; and (8) whether the aliens are being resettled, transported, or relocated on a temporary or permanent basis, disaggregated by— (A) the numbers of single adults, members of family units, and minors; (B) age; (C) sex; and (D) country of origin. | https://www.govinfo.gov/content/pkg/BILLS-117s1865is/xml/BILLS-117s1865is.xml |
117-s-1866 | II 117th CONGRESS 1st Session S. 1866 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Secretary of Transportation to establish a grant program to increase the availability of electric vehicle charging infrastructure in environmental justice communities, and for other purposes.
1. Short title This Act may be cited as the Community Vehicle Charging Act of 2021 . 2. Findings Congress finds that— (1) the transportation sector is the highest emitting sector of greenhouse gases in the United States; (2) transportation is a significant source of toxic air pollutants; (3) electrification is considered 1 of the most feasible and affordable opportunities to decarbonize transportation in the near-term, and thus reduce pollutants harmful to public health; (4) the adoption of electric vehicles is dependent on adequate access to electric vehicle charging infrastructure; (5) publicly available electric vehicle charging infrastructure has been distributed inequitably, and not all people of the United States have the ability to access electric vehicle charging infrastructure at home or at work; (6) range anxiety and a lack of access to electric vehicle charging infrastructure are significant barriers to the widespread adoption of electric vehicles; (7) access to electric vehicle charging infrastructure differs from proximity to electric vehicle charging infrastructure; (8) environmental justice communities face several barriers to accessing electric vehicles, electric vehicle charging infrastructure, and funding programs to install electric vehicle charging infrastructure, including— (A) the high cost of, and a lack of knowledge about, electric vehicles; (B) the high cost of— (i) level 2 electric vehicle charging infrastructure; and (ii) fast charging electric vehicle charging infrastructure; (C) a lack of awareness of the availability of— (i) electric vehicle charging infrastructure; and (ii) funding programs to install electric vehicle charging infrastructure; (D) a lack of technical support and up-front funding for the installation of electric vehicle charging infrastructure; (E) a low level of homeownership in environmental justice communities; (F) the high percentage of individuals and families in environmental justice communities who reside in multi-unit dwellings; (G) linguistic isolation; and (H) the short timelines for electric vehicle charging infrastructure projects; and (9) effective programs for environmental justice communities to access electric vehicle charging infrastructure and funding programs for the installation of electric vehicle charging infrastructure need to be targeted to overcome the barriers described in paragraph (8). 3. Definitions In this Act: (1) Community benefit agreement The term community benefit agreement means a contract between 1 or more community-based organizations representing residents of an environmental justice community and an eligible entity carrying out an eligible project to ensure that the eligible project creates— (A) employment opportunities for local workers in the environmental justice community; and (B) other opportunities or benefits for the residents of the environmental justice community. (2) Electric vehicle The term electric vehicle means a vehicle that is powered primarily by an electric motor drawing current from rechargeable batteries, including battery electric vehicles and plug-in hybrid vehicles. (3) Electric vehicle make-ready infrastructure The term electric vehicle make-ready infrastructure means the electrical infrastructure needed to connect and serve electric vehicle charging infrastructure, including— (A) raceway or conduit; (B) sufficient electrical panel service capacity; (C) overcurrent protection; (D) devices; (E) wire; and (F) suitable termination points, such as a junction box with a service loop. (4) Eligible entity The term eligible entity means each of the following: (A) A community-based organization. (B) A nonprofit organization. (C) A local, regional, State, or Tribal government. (D) A metropolitan planning organization. (E) Any other entity responsible for local transportation planning and transportation projects. (5) Eligible project The term eligible project means a project described in section 4(d) that is carried out in, and addresses the electric vehicle charging infrastructure needs of, an environmental justice community. (6) Environmental justice community The term environmental justice community means a community consisting primarily of minority, low-income, or Tribal populations that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects as compared to other populations. (7) Secretary The term Secretary means the Secretary of Transportation. 4. Electric vehicle charging infrastructure grant program (a) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to provide grants to eligible entities for projects that address barriers to access to electric vehicle charging infrastructure faced by environmental justice communities. (b) Applications An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Requirements In carrying out the grant program established under subsection (a), the Secretary shall— (1) use a public process to identify known barriers to access to electric vehicle charging infrastructure faced by environmental justice communities, including the barriers described in section 2(8); (2) (A) perform meaningful stakeholder outreach with community-based organizations, environmental justice groups, or other community members— (i) to identify or design eligible projects; and (ii) to identify eligible entities to carry out those eligible projects through the use of a grant under this section; and (B) compensate the community-based organizations, environmental justice groups, and other community members that respond to that outreach and assist or otherwise participate in an activity described in clause (i) or (ii) of subparagraph (A); (3) provide to eligible entities in the application process and in project execution, including with respect to identifying private and utility partnerships— (A) resources to conduct community-needs assessments; (B) resources for planning; (C) technical support; and (D) case management guidance; (4) design project timelines that— (A) take into account stakeholder input; and (B) account for the additional time needed to complete eligible projects in environmental justice communities; (5) adopt project criteria— (A) to reduce the risk of gentrification of, and displacement of individuals in, environmental justice communities as a result of an eligible project carried out using a grant provided under this section; (B) to increase community engagement throughout the duration of an eligible project; (C) to increase the involvement of community-based organizations and unionized labor, where possible, in selecting, designing, and carrying out eligible projects; (D) to prioritize investments directly into environmental justice communities; (E) to reduce air pollution and other impacts from vehicles with internal combustion engines in environmental justice communities; and (F) to encourage partnerships with utility or private electric vehicle make-ready infrastructure programs, as applicable; (6) aim to increase wealth in environmental justice communities— (A) through community or public ownership of any assets of a completed eligible project that are installed or developed in carrying out that eligible project; (B) through the creation of employment opportunities for local workers in environmental justice communities; (C) by encouraging eligible entities receiving a grant under this section to enter into community benefit agreements; and (D) by encouraging participation by local small businesses, particularly minority- and women-owned small businesses; and (7) provide grant funds at the time of infrastructure purchase to each eligible entity that receives a grant under this section. (d) Eligible projects An eligible entity that receives a grant under this section may use the grant funds for— (1) projects that develop or implement a plan to install publicly available electric vehicle charging infrastructure, including— (A) projects for the planning for, or installation of— (i) electric vehicle charging infrastructure at grocery stores, convenience stores, markets, other retail establishments, existing fueling stations, local government facilities, or office buildings or other workplaces; (ii) fast charging hubs; (iii) on-street chargers; (iv) electric vehicle charging infrastructure at community land trust locations; and (v) electric vehicle charging infrastructure at public schools and parks; (B) projects for the incorporation of electric vehicle charging infrastructure or electric vehicle make-ready infrastructure into the construction of new buildings or other infrastructure; (C) projects to retrofit existing buildings, especially multi-unit dwellings, with electric vehicle charging infrastructure or electric vehicle make-ready infrastructure; (2) projects to support shared electric mobility and micromobility options, such as electric car, bike, and scooter share; (3) projects or rebate programs to provide an electric vehicle charger and funds for the installation of, and technical assistance relating to, that charger to any resident of an environmental justice community who— (A) purchases an electric vehicle; and (B) has the ability to use residential electric vehicle charging infrastructure; (4) projects to develop and implement education programs that emphasize the economic, environmental, and public health advantages of using an electric vehicle, including— (A) by providing information to residents of an environmental justice community on the usefulness of electric vehicles and electric car share systems via ride and drive events; (B) by developing electric vehicle dealership education programs; (C) by developing an electric vehicle educational curriculum for schools; and (D) by creating an electric vehicle information website and printed materials for distribution to individuals who lack internet access that may include— (i) a guide to the makes and models of electric vehicles in multiple languages; (ii) information about the locations of publicly available electric vehicle charging infrastructure and directions to those locations; and (iii) free consulting services for potential buyers of an electric vehicle; (5) projects to transition existing vehicle fleets of States and units of regional and local government that are in use in environmental justice communities to electric vehicles; (6) projects to train the staff of municipalities and other units of regional and local government, including inspectors, on the use of electric vehicle charging infrastructure; and (7) any other project that, in the determination of the Secretary— (A) addresses known barriers to access to electric vehicle charging infrastructure faced by environmental justice communities, including the barriers described in section 2(4); and (B) satisfies any other applicable requirement that the Secretary determines to be appropriate and consistent with the requirements described in subsection (c). (e) Report Not later than 1 year after the date on which the grant program under subsection (a) is established, and annually thereafter through fiscal year 2026, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives, and make publicly available on the website of the Department of Transportation, a report describing the eligible projects that received funding under the grant program and the outcomes of, and any issues encountered in carrying out, those eligible projects, including— (1) the barriers identified pursuant to the public process described in subsection (c)(1); (2) the successes and failures of anti-displacement measures in those eligible projects; (3) the types of projects that achieved success based on established grant program metrics; (4) the types of projects that were most frequently pursued by eligible entities; (5) best practices and lessons learned from serving an environmental justice community; (6) a breakdown of grant funds used by— (A) project type; and (B) environmental justice community served; (7) the quantity of electric vehicle charging infrastructure installed in environmental justice communities using funds made available under the grant program; (8) the frequency of use of publicly available electric vehicle charging infrastructure installed using funds made available under the grant program; (9) the number of electric vehicles purchased by residents of environmental justice communities in which electric vehicle charging infrastructure is installed using a grant provided under the grant program; (10) additional barriers to accessing electric vehicle charging infrastructure for residents of environmental justice communities; (11) any needed adjustments to project timelines to facilitate greater project success in environmental justice communities; (12) the number of jobs created and number of community members employed by eligible projects; and (13) any local air quality changes over time in communities where eligible projects are carried out. (f) Data collection (1) In general The Secretary shall work with the Secretary of Energy and the Administrator of the Energy Information Administration to collect data on the access to electric vehicle charging infrastructure in environmental justice communities, including— (A) the distance from an average household in an environmental justice community to publicly available electric vehicle charging infrastructure; (B) the number and percentage of residents of each environmental justice community in which an eligible project was carried out using a grant provided under this section who have access to, and use, electric vehicle charging infrastructure that was installed in that environmental justice community using funds provided under the grant program; (C) to the maximum extent practicable, the number and percentage of residents of each environmental justice community described in subparagraph (B) who have access to, and use, electric vehicle charging infrastructure that— (i) is located in the environmental justice community but was not installed using funds provided under the grant program; or (ii) is located in another community; and (D) to the maximum extent practicable, the number and percentage of residents of all environmental justice communities who have access to, and use, electric vehicle charging infrastructure that— (i) is located in an environmental justice community and was installed using funds provided under the grant program; (ii) is located in an environmental justice community but was not installed using funds provided under the grant program; or (iii) is located in another community. (2) Public availability The data collected under paragraph (1) shall be made publicly available on the website of the Department of Transportation. (3) Report Not later than 1 year after the date on which the grant program under subsection (a) is established, and annually thereafter, 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 describing the data collection efforts under paragraph (1), the data collected under that paragraph, and any patterns, trends, or changes identified by the Secretary. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section, including for any administrative costs, $75,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1866is/xml/BILLS-117s1866is.xml |
117-s-1867 | II 117th CONGRESS 1st Session S. 1867 IN THE SENATE OF THE UNITED STATES May 26, 2021 Mr. Hawley (for himself and Mr. Braun ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To require the Director of National Intelligence to declassify information relating to the origin of COVID–19, and for other purposes.
1. Short title This Act may be cited as the COVID–19 Origin Act of 2021 . 2. Findings Congress makes the following findings: (1) The Department of State released a fact sheet on January 15, 2021, about the Wuhan Institute of Virology (WIV) which stated the following: (A) The U.S. government has reason to believe that several researchers inside the WIV became sick in autumn 2019, before the first identified case of the outbreak, with symptoms consistent with both COVID–19 and common seasonal illnesses. . (B) WIV researchers conducted experiments involving RaTG13, the bat coronavirus identified by the WIV in January 2020 as its closest sample to SARS-CoV-2. . (C) Despite the WIV presenting itself as a civilian institution, the United States has determined that the WIV has collaborated on publications and secret projects with China's military. . (2) Former Director of the Centers for Disease Control and Prevention, Robert Redfield, stated in March 2021 that, the most likely etiology of this pathogen in Wuhan was from a laboratory and noted that, [i]t is not unusual for respiratory pathogens that are being worked on in a laboratory to infect the laboratory worker. . (3) Director-General of the World Health Organization Tedros Adhanom Ghebreyesus acknowledged in March 2021 that the Coronavirus Disease 2019 (COVID–19) may have originated in a laboratory and said this hypothesis requires further investigation, potentially with additional missions involving specialist experts. . 3. Sense of congress It is the sense of Congress that— (1) identifying the origin of Coronavirus Disease 2019 (COVID–19) is critical for preventing a similar pandemic from occurring in the future; (2) there is reason to believe the COVID–19 pandemic may have originated at the Wuhan Institute of Virology; and (3) the Director of National Intelligence should declassify and make available to the public as much information as possible about the origin of COVID–19 so the United States and like-minded countries can— (A) identify the origin of COVID–19 as expeditiously as possible, and (B) use that information to take all appropriate measures to prevent a similar pandemic from occurring again. 4. Declassification of information related to the origin of COVID–19 Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall— (1) declassify any and all information relating to potential links between the Wuhan Institute of Virology and the origin of the Coronavirus Disease 2019 (COVID–19), including— (A) activities performed by the Wuhan Institute of Virology with or on behalf of the People’s Liberation Army; (B) coronavirus research or other related activities performed at the Wuhan Institute of Virology prior to the outbreak of COVID–19; and (C) researchers at the Wuhan Institute of Virology who fell ill in autumn 2019, including for any such researcher— (i) the researcher’s name; (ii) the researcher’s symptoms; (iii) the date of the onset of the researcher’s symptoms; (iv) the researcher’s role at the Wuhan Institute of Virology; (v) whether the researcher was involved with or exposed to coronavirus research at the Wuhan Institute of Virology; (vi) whether the researcher visited a hospital while they were ill; and (vii) a description of any other actions taken by the researcher that may suggest they were experiencing a serious illness at the time; and (2) submit to Congress an unclassified report that contains— (A) all of the information described under paragraph (1); and (B) only such redactions as the Director determines necessary to protect sources and methods. | https://www.govinfo.gov/content/pkg/BILLS-117s1867cps/xml/BILLS-117s1867cps.xml |
117-s-1868 | II 117th CONGRESS 1st Session S. 1868 IN THE SENATE OF THE UNITED STATES May 26, 2021 Ms. Warren (for herself, Ms. Murkowski , Ms. Rosen , Mr. Merkley , Mr. Luján , Mr. Kelly , Ms. Duckworth , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian Tribes and Tribal organizations, to increase amounts reserved for allotment to Indian Tribes and Tribal organizations under certain circumstances, and to reserve amounts for migrant programs under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian Tribal communities.
1. Short title This Act may be cited as the American Indian and Alaska Native Child Abuse Prevention and Treatment Act , the AI/AN Child Abuse Prevention and Treatment Act , or AI/AN CAPTA . 2. Government Accountability Office report on child abuse and neglect in Indian Tribal communities (a) In general The Comptroller General of the United States (referred to in this section as the Comptroller General ) shall conduct a study and issue a report on child abuse and neglect in Indian Tribal communities for the purpose of identifying vital information and making recommendations to the appropriate congressional committees concerning issues relating to child abuse and neglect in such communities. (b) Consultation with Indian Tribes In carrying out this section, the Comptroller General shall consult with Indian Tribes from each of the 12 regions of the Bureau of Indian Affairs. (c) Duties Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate and the Committee on Education and Labor and the Committee on Natural Resources of the House of Representatives a report on— (1) the number of Indian Tribes providing primary child abuse and neglect prevention activities; (2) the number of Indian Tribes providing secondary child abuse and neglect prevention activities; (3) promising practices of Indian Tribes with respect to child abuse and neglect prevention that are culturally-based or culturally-adapted; (4) information and recommendations on how such culturally-based or culturally-adapted child abuse and neglect prevention activities could become evidence-based; (5) the number of Indian Tribes that have accessed Federal child abuse and neglect prevention programs; (6) child abuse and neglect prevention activities that Indian Tribes provide using State funds; (7) child abuse and neglect prevention activities that Indian Tribes provide using Tribal funds; (8) Tribal access to State children’s trust fund resources; (9) how the children’s trust fund model could be used to support prevention efforts regarding child abuse and neglect of American Indian and Alaska Native children; (10) Federal agency technical assistance efforts to address child abuse and neglect prevention and treatment of American Indian and Alaska Native children; (11) Federal agency cross-system collaboration to address child abuse and neglect prevention and treatment of American Indian and Alaska Native children; (12) Tribal access to child abuse and neglect prevention research and demonstration grants under the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq.); (13) an examination of Federal child abuse and neglect data systems to identify what Tribal data is being submitted and barriers to submitting data; and (14) an examination of Federal child abuse and neglect data systems to identify recommendations on improving the collection of data from Indian Tribes. 3. Other amendments (a) Geographical distribution Section 108(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106d(b) ) is amended by inserting Indian Tribes, and Tribal organizations, after the States, . (b) Allocation of amounts Section 203 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116b ) is amended— (1) by striking section 210 each place it appears and inserting section 209 ; and (2) in subsection (a)— (A) by striking The Secretary and inserting the following: (1) In general Subject to paragraph (2), the Secretary ; and (B) by adding at the end the following: (2) Allotment for increased appropriation years In any fiscal year for which the amount appropriated under section 209 exceeds the amount appropriated under such section for fiscal year 2020 by more than $1,000,000, the Secretary shall reserve— (A) 5 percent of the amount appropriated for the applicable fiscal year to make allotments to Indian Tribes and Tribal organizations; and (B) 1 percent of the amount appropriated for the applicable fiscal year to make allotments to migrant programs. . | https://www.govinfo.gov/content/pkg/BILLS-117s1868is/xml/BILLS-117s1868is.xml |
117-s-1869 | II 117th CONGRESS 1st Session S. 1869 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Young (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 direct the Secretary of Commerce to establish a working group to recommend to Congress a definition of blockchain technology, and for other purposes.
1. Short title This Act may be cited as the Blockchain Promotion Act of 2021 . 2. Working group to recommend definition of blockchain technology (a) Definitions In this section— (1) the term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code; and (2) the term Secretary means the Secretary of Commerce. (b) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary shall establish within the Department of Commerce a working group to be known as the Blockchain Working Group . (c) Membership (1) In general The Blockchain Working Group shall be composed of members, the number of whom shall be determined by the Secretary, and who shall be appointed in accordance with paragraph (2). (2) Appointment (A) Representatives of Federal agencies (i) Designation of Federal agencies The Secretary shall designate Federal agencies to be represented in the Blockchain Working Group, as the Secretary considers appropriate to ensure representation of a cross-section of Federal agencies that could use, or benefit from, blockchain technology. (ii) Appointment of members The head of each Federal agency designated under clause (i) shall appoint an officer or employee of the Federal agency to serve as a member of the Blockchain Working Group. (B) Representatives of nongovernmental stakeholders (i) In general The Secretary shall appoint representatives of nongovernmental stakeholders with respect to blockchain technology to serve as members of the Blockchain Working Group. (ii) Representation of certain stakeholders required The members of the Blockchain Working Group appointed under clause (i) shall include representatives of— (I) information and communications technology manufacturers, suppliers, software providers, service providers, and vendors; (II) subject matter experts representing industrial sectors, other than the technology sector, that the Secretary determines could use, or benefit from, blockchain technology; (III) small, medium, and large businesses; (IV) individuals and institutions engaged in academic research relating to blockchain technology; (V) nonprofit organizations and consumer advocacy groups engaged in activities relating to blockchain technology; and (VI) rural and urban stakeholders. (d) Report to Congress (1) In general Not later than 1 year after the date of enactment of this Act, the Blockchain Working Group shall submit to Congress a report that contains— (A) a recommended definition of the distributed ledger technology commonly known as blockchain technology ; and (B) recommendations for— (i) a study to be conducted by the Assistant Secretary of Commerce for Communications and Information, in coordination with the Federal Communications Commission, on the impact of blockchain technology on electromagnetic spectrum policy; (ii) a study to examine a range of potential applications, including nonfinancial applications, for blockchain technology; and (iii) opportunities for Federal agencies to use blockchain technology. (2) Consideration of recommendations in NIST Internal Report 8202 In making recommendations under paragraph (1), the Blockchain Working Group may consider any recommendations contained in National Institute of Standards and Technology Internal Report 8202, entitled Blockchain Technology Overview and published in October 2018. | https://www.govinfo.gov/content/pkg/BILLS-117s1869is/xml/BILLS-117s1869is.xml |
117-s-1870 | II 117th CONGRESS 1st Session S. 1870 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Lankford (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for penalty-free withdrawals from retirement accounts for certain emergency expenses, and for other purposes.
1. Short title This Act may be cited as the Enhancing Emergency and Retirement Savings Act of 2021 . 2. Withdrawals for certain emergency expenses (a) In general Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (I) Distributions for certain emergency expenses (i) In general Any emergency personal expense distribution. (ii) Annual limitation Not more than 1 distribution per calendar year may be treated as an emergency personal expense distribution by any individual. (iii) Dollar limitation The amount which may be treated as an emergency personal expense distribution by any individual in any calendar year shall not exceed the lesser of $1,000 or an amount equal to the excess of— (I) the individual's total nonforfeitable accrued benefit under the plan (the individual's total interest in the plan in the case of an individual retirement plan), determined as of the date of each such distribution, over (II) $1,000. (iv) Emergency personal expense distribution For purposes of this subparagraph, the term emergency personal expense distribution means any distribution from an applicable eligible retirement plan (as defined in subparagraph (H)(vi)(I)) to an individual for purposes of meeting unforeseeable or immediate financial needs relating to necessary personal or family emergency expenses. The administrator of an applicable eligible retirement plan may rely on an employee’s certification that the employee satisfies the conditions of the preceding sentence in determining whether any distribution is an emergency personal expense distribution. (v) Treatment of plan distributions If a distribution to an individual would (without regard to clause (iii)) be an emergency personal expense distribution, a plan shall not be treated as failing to meet any requirement of this title merely because the plan treats the distribution as an emergency personal expense distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer, determined as provided in subparagraph (H)(iv)(II)) to such individual exceeds the limitation determined under clause (iii). (vi) Amount distributed may be repaid (I) In general Any individual who receives an emergency personal expense distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an applicable eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. (II) Limitation on contributions to applicable eligible retirement plans other than IRAs The aggregate amount of contributions made by an individual under subclause (I) to any applicable eligible retirement plan which is not an individual retirement plan shall not exceed the aggregate amount of emergency personal expense distributions which are made from such plan to such individual. Subclause (I) shall not apply to contributions to any applicable eligible retirement plan which is not an individual retirement plan unless the individual is eligible to make contributions (other than those described in subclause (I)) to such applicable eligible retirement plan. (III) Treatment of repayments of distributions from applicable eligible retirement plans other than IRAs If a contribution is made under subclause (I) with respect to an emergency personal expense distribution from an applicable eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (IV) Treatment of repayments for distributions from IRAs If a contribution is made under subclause (I) with respect to an emergency personal expense distribution from an individual retirement plan, then, to the extent of the amount of the contribution, such distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the applicable eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (vii) Limitation on subsequent distributions If a distribution is treated as an emergency personal expense distribution in any calendar year with respect to a plan, no amount may be treated as such a distribution in any subsequent calendar year with respect to such plan unless— (I) such previous distribution is fully repaid pursuant to clause (vi) to such plan, or (II) the aggregate of the elective deferrals and employee contributions to the plan (the total amounts contributed to the plan in the case of an individual retirement plan) subsequent to such previous distribution is at least equal to the amount of such previous distribution which has not been so repaid. (viii) Special rules Rules similar to the rules of subclauses (II) and (IV) of subparagraph (H)(vi) shall apply to any emergency personal expense distribution. . (b) Effective date The amendments made by this section shall apply to distributions made after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1870is/xml/BILLS-117s1870is.xml |
117-s-1871 | II 117th CONGRESS 1st Session S. 1871 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Rubio (for himself, Mr. Scott of Florida , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To allow the procurement of supplies and services for commercial activities at National Aeronautics and Space Administration centers.
1. Short title This Act may be cited as the Contracts and Obligations Modernization for Efficient Terms of Service Act or the COMETS Act . 2. Procurement of supplies and services for commercial activities at NASA centers Notwithstanding section 2384a(a)(1)(B) of title 10, United States Code, and section 3310(a)(2) of title 41, United States Code, with respect to the acquisition of supplies or services to carry out, under section 20113(e) of title 51, United States Code, a transaction (other than a contract, lease, or cooperative agreement) that supports a commercial activity at a National Aeronautics and Space Administration center, the Administrator of the National Aeronautics and Space Administration may procure such supplies or services in a quantity the Administrator reasonably expects to be necessary to meet the needs of such activity. | https://www.govinfo.gov/content/pkg/BILLS-117s1871is/xml/BILLS-117s1871is.xml |
117-s-1872 | II 117th CONGRESS 1st Session S. 1872 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Ernst (for herself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal, collectively, to the United States Army Rangers Veterans of World War II in recognition of their extraordinary service during World War II.
1. Short title This Act may be cited as the United States Army Rangers Veterans of World War II Congressional Gold Medal Act . 2. Definitions In this Act— (1) the term Secretary means the Secretary of the Treasury; and (2) the term United States Army Rangers Veteran of World War II means any individual who— (A) served in the Armed Forces— (i) honorably; (ii) in an active duty status; and (iii) at any time during the period beginning on June 19, 1942, and ending on September 2, 1945; and (B) was assigned to a Ranger Battalion of the Army at any time during the period described in subparagraph (A)(iii). 3. Findings Congress finds the following: (1) In World War II, the Army formed 6 Ranger Battalions and 1 provisional battalion. All members of the Ranger Battalions were volunteers. The initial concept of Ranger units drew from the British method of using highly trained commando units and the military tradition of the United States of utilizing light infantry for scouting and raiding operations. (2) The Ranger Battalions of World War II consisted of— (A) the 1st Ranger Infantry Battalion, which was activated on June 19, 1942, in Northern Ireland; (B) the 2d Ranger Infantry Battalion, which was activated on April 1, 1943, at Camp Forrest, Tennessee; (C) the 3d Ranger Infantry Battalion, which was— (i) activated as provisional on May 21, 1943, in North Africa; and (ii) constituted on July 21, 1943, and concurrently consolidated with the provisional unit described in clause (i); (D) the 4th Ranger Infantry Battalion, which was— (i) activated as provisional on May 29, 1943, in North Africa; and (ii) constituted on July 21, 1943, and concurrently consolidated with the provisional unit described in clause (i); (E) the 5th Ranger Infantry Battalion, which was activated on September 1, 1943, at Camp Forrest, Tennessee; (F) the 6th Ranger Infantry Battalion, which was— (i) originally activated on January 20, 1941, at Fort Lewis, Washington, as the 98th Field Artillery Battalion; and (ii) converted and redesignated on September 26, 1944, as the 6th Ranger Infantry Battalion; and (G) the 29th Ranger Infantry Battalion, a provisional Army National Guard unit that was— (i) activated on December 20, 1942, at Tidworth Barracks, England; and (ii) disbanded on October 18, 1943. (3) The first combat operations of Army Rangers occurred on August 19, 1942, when 50 Rangers took part in the British-Canadian raid on the French coastal town of Dieppe. (4) The 1st Ranger Battalion, under the leadership of Major William O. Darby, was used in full strength during the landings at Arsew, Algeria, during the North African campaign. Due to the success of the Rangers in several difficult battles, particularly at El Guettar in March and April of 1943, 2 additional Ranger Battalions were organized in North Africa. (5) During the North African campaign, the 1st Ranger Battalion was awarded battle honors for its actions in Tunisia. On March 18, 1943, the Battalion penetrated enemy lines and captured the position Djebel el Auk in a nighttime attack, taking more than 200 prisoners. Two days later, the battalion was attacked by the 10th Panzer division of the German Afrika Korps and, despite heavy losses, continued to defend its position. The following day, the 1st Battalion counterattacked to clear high ground overlooking the positions held by the Armed Forces. These actions demonstrated the ability of the Rangers to fight in difficult terrain and the courage to endure despite being outnumbered and exposed to heavy enemy fire. (6) The 29th provisional Ranger Battalion was formed from volunteers drawn from the 29th Infantry Division stationed in England in the fall of 1942. The Battalion was activated on December 20, 1942, and accompanied British commandos on 2 small-scale raids in Norway. Nineteen members of the 29th Ranger Battalion conducted a raid on a German radar site in France on the night of September 3, 1943. After that raid, the 29th Ranger Battalion was disbanded because new Ranger units, the 2d and 5th Battalions, were being formed. (7) During the summer and fall of 1943, the 1st, 3d, and 4th Ranger Battalions were heavily involved in the campaign in Sicily and the landings in Italy. The 1st and 4th Ranger Battalions conducted a night amphibious landing in Sicily and secured the landing beaches for the main force. The 3d Battalion landed separately at Licata, Sicily, and was able to silence gun positions on an 82-foot cliff overlooking the invasion beaches. (8) During the invasion of Italy, the 1st and 4th Ranger Battalions landed at Maiori with the mission of seizing the high ground and protecting the flank of the remainder of the main landing by the United States. Enemy forces in the area were estimated to outnumber the Rangers by approximately 8 to 1. Despite these odds, the Rangers took the position and held off 7 enemy counterattacks. (9) After the invasion of Italy, Rangers continued to be used, often in night attacks, to seize key terrain ahead of the advancing Allied forces. At the Anzio beachhead, the majority of the 1st, 3d, and 4th Ranger Battalions sustained heavy casualties after being cut off behind German lines. The Rangers had planned to infiltrate German positions under the cover of darkness and make a dawn attack on a critical road junction but were pinned down by enemy tanks and an elite German paratrooper unit. After 12 hours of desperate fighting and a failed relief attempt, the majority of the Ranger force was killed, wounded, or captured. Only 6 Rangers from the 1st and 3d Battalions, out of more than 767 men, returned to friendly lines. The 4th Battalion, which had been in reserve, also suffered 60 killed and 120 wounded out of 550 men. These 3 battalions were inactivated and the survivors were transferred to other units. (10) In the United States, and later in Scotland, the 2d and 5th Ranger Battalions were formed to undertake operations in Western Europe. Those Battalions were engaged on D-Day, assaulting German positions at the Pointe du Hoc coastal battery, and remained in combat through September of 1944. Specifically, Rangers in the 2d Battalion, under the command of Lieutenant Colonel James E. Rudder— (A) overcame underwater mines, machine gun fire, and enemy artillery while scaling the 100-foot high cliffs at Pointe du Hoc; (B) held against intense German efforts to retake the position; and (C) after reaching the top of the cliffs, moved inland roughly 1 mile and sustained heavy casualties while searching for, and ultimately destroying, a German heavy artillery battery. (11) During June, July, and August of 1944, the 2d and 5th Ranger Battalions were engaged in the campaign in Brest, which included close-range fighting in hedgerows and numerous villages. Later, in operations in Western Germany, the Battalions were frequently used to attack in darkness and gain vital positions to pave the way for the main Army attacks. (12) During the final drive into Germany in late February and early March 1945, the 5th Ranger Battalion was cited for battle honors for outstanding performance. Under the cover of darkness, the unit drove into German lines and seized high ground blocking the main German supply route in the sector. The Germans attacked the position of the Rangers from both sides, resulting in heavy Ranger casualties during 5 days of fighting. As a result of the actions of the Rangers, the main Army attack was able to overcome German defenses more easily, occupy the vital city of Trier, and reach the Rhine River. (13) The 6th Ranger Battalion operated in the Pacific. In the most notable exploit of the 6th Ranger Battalion, in January and February of 1945, the Battalion formed the nucleus of a rescue force that liberated more than 500 Allied prisoners, including prisoners from the United States, from the Cabanatuan prisoner of war camp in the Philippines. With the help of local Filipino guerillas, the Rangers, led by Lieutenant Colonel Henry A. Mucci, demonstrated extraordinary heroism by infiltrating Japanese-held territory to reach the prisoners of war and prevent them from being killed by the Japanese. After a 25-mile march at night through the jungle, the unit killed all Japanese sentries with no loss of life of the prisoners of war. The unit successfully returned to American lines having lost only 2 soldiers killed and having another 2 wounded. (14) The 1st Ranger Infantry Battalion— (A) participated in the campaigns of— (i) Algeria-French Morocco (with arrowhead); (ii) Tunisia; (iii) Sicily (with arrowhead); (iv) Naples-Foggia (with arrowhead); (v) Anzio (with arrowhead); and (vi) Rome-Arno; and (B) for its contributions, received— (i) the Presidential Unit Citation (Army) and streamer embroidered with EL GUETTAR ; and (ii) the Presidential Unit Citation (Army) and streamer embroidered with SALERNO . (15) The 2d Ranger Infantry Battalion— (A) participated in the campaigns of— (i) Normandy (with arrowhead); (ii) Northern France; (iii) Rhineland; (iv) Ardennes-Alsace; and (v) Central Europe; and (B) for its contributions, received— (i) the Presidential Unit Citation (Army) and streamer embroidered with POINTE DU HOE ; and (ii) the French Croix de Guerre with Silver-Gilt Star, World War II, and streamer embroidered with POINTE DU HOE . (16) The 3d Ranger Infantry Battalion— (A) participated in the campaigns of— (i) Sicily (with arrowhead); (ii) Naples-Foggia (with arrowhead); (iii) Anzio (with arrowhead); and (iv) Rome-Arno; and (B) for its contributions, received the Presidential Unit Citation (Army) and streamer embroidered with SALERNO . (17) The 4th Ranger Infantry Battalion— (A) participated in the campaigns of— (i) Sicily (with arrowhead); (ii) Naples-Foggia (with arrowhead); (iii) Anzio (with arrowhead); and (iv) Rome-Arno; and (B) for its contributions, received the Presidential Unit Citation (Army) and streamer embroidered with SALERNO . (18) The 5th Ranger Infantry Battalion— (A) participated in the campaigns of— (i) Normandy (with arrowhead); (ii) Northern France; (iii) Rhineland; (iv) Ardennes-Alsace; and (v) Central Europe; and (B) for its contributions, received— (i) the Presidential Unit Citation (Army) and streamer embroidered with NORMANDY BEACHHEAD ; (ii) the Presidential Unit Citation (Army) and streamer embroidered with SAAR RIVER AREA ; and (iii) the French Croix de Guerre with Silver-Gilt Star, World War II, and streamer embroidered with NORMANDY . (19) The 6th Ranger Infantry Battalion— (A) participated in the campaigns of— (i) New Guinea; (ii) Leyte (with arrowhead); and (iii) Luzon; and (B) for its contributions, received— (i) the Presidential Unit Citation (Army) and streamer embroidered with CEBU, LUZON ; and (ii) the Philippine Presidential Unit Citation and streamer embroidered with 17 OCTOBER 1944 TO 4 JULY 1945 . (20) The United States will be forever indebted to the United States Army Rangers Veterans of World War II, whose bravery and sacrifice in combat contributed greatly to the military success of the United States and the allies of the United States. 4. Congressional gold medal (a) Award authorized The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the United States Army Rangers Veterans of World War II, in recognition of their dedicated service during World War II. (b) Design and striking For the purposes of the award described in subsection (a), the Secretary shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution (1) In general Following the award of the gold medal in honor of the United States Army Rangers Veterans of World War II, the gold medal shall be given to the Smithsonian Institution, where the medal shall be— (A) available for display, as appropriate; and (B) made available for research. (2) Sense of congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations associated with— (A) the United States Army Rangers Veterans of World War II; or (B) World War II. (d) Duplicate medals Under regulations that the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this section, at a price sufficient to cover the cost of the medals, including the cost of labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medal (a) National medal The gold medal struck under section 4 shall be a national medal for the purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For the purposes of section 5134 of title 31, United States Code, all medals struck under section 4 shall be considered to be numismatic items. | https://www.govinfo.gov/content/pkg/BILLS-117s1872is/xml/BILLS-117s1872is.xml |
117-s-1873 | II 117th CONGRESS 1st Session S. 1873 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Crapo (for himself, Mr. Bennet , Mr. Scott of South Carolina , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for Medicare coverage of multi-cancer early detection screening tests.
1. Short title This Act may be cited as the Medicare Multi-Cancer Early Detection Screening Coverage Act of 2021 . 2. Purpose The purpose of this Act is to create a covered benefit for multi-cancer early detection screening tests to ensure Medicare beneficiary access to these tests without unnecessary delay once approved under the Federal Food, Drug, and Cosmetic Act. 3. Medicare coverage of multi-cancer early detection screening tests (a) Coverage Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (GG); (B) by striking the period at the end of subparagraph (HH) and inserting ; and ; and (C) by adding at the end the following new subparagraph: (II) multi-cancer early detection screening tests (as defined in subsection (lll)); ; and (2) by adding at the end the following new subsection: (lll) Multi-Cancer early detection screening tests The term multi-cancer early detection screening test means any of the following tests, approved or cleared by the Food and Drug Administration, furnished to an individual for the purpose of early detection of cancer across many cancer types (as categorized in the Annual Report to the Nation on the Status of Cancer issued by the National Cancer Institute): (1) A genomic sequencing blood or blood product test that includes the analysis of cell-free nucleic acids. (2) Such other equivalent tests (which are based on urine or other sample of biological material) as the Secretary determines appropriate. . (b) Payment and frequency limit (1) Payment under fee schedule Section 1833(h) of the Social Security Act ( 42 U.S.C. 1395l(h) ) is amended— (A) in paragraph (1)(A), by inserting after (including the following: multi-cancer early detection screening tests under section 1861(lll) and including ; and (B) by adding at the end the following new paragraph: (10) No payment may be made under this part for a multi-cancer early detection screening test (as defined in section 1861(lll)) for an individual if such a test was furnished to the individual during the previous 11 months. . (2) Conforming amendment Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) ) is amended— (A) in paragraph (1)— (i) in subparagraph (O), by striking and at the end; (ii) in subparagraph (P), by striking the semicolon at the end and inserting , and ; and (iii) by adding at the end the following new subparagraph: (Q) in the case of multi-cancer early detection screening tests (as defined in section 1861(lll)), which are performed more frequently than is covered under section 1833(h)(10); ; and (B) in paragraph (7), by striking or (P) and inserting (P), or (Q) . (c) Rule of construction relating to other cancer screening tests Nothing in this section, including the amendments made by this section, shall be construed— (1) in the case of an individual who undergoes a multi-cancer early detection screening test, to affect coverage under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ) for other cancer screening tests covered under such title, such as screening tests for breast, cervical, colorectal, lung, or prostate cancer; or (2) in the case of an individual who undergoes another cancer screening test, to affect coverage for a multi-cancer early detection screening test or the use of such a test as a diagnostic or confirmatory test for a result of the other cancer screening test. (d) Implementation The Secretary of Health and Human Services shall provide for the implementation of coverage of multi-cancer early detection screening tests under the amendments made by this section through the applicable Medicare coverage process under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (e) GAO study and report on multi-Cancer early detection screening tests (1) Study The Comptroller General of the United States shall conduct a study on the utilization of multi-cancer early detection tests under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). Such study shall include an analysis of aggregate data on— (A) the utilization of such tests by sex, race, ethnicity, geography, and socioeconomic status; and (B) the number of cancers detected through screening in Medicare beneficiaries and improvements in health outcomes. (2) Report Not later than three years after the start of coverage of such tests under such title, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), including recommendations for increasing access and utilization in underserved areas and other recommendations as the Comptroller General determines appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s1873is/xml/BILLS-117s1873is.xml |
117-s-1874 | II 117th CONGRESS 1st Session S. 1874 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To promote innovative approaches to outdoor recreation on Federal land and to increase opportunities for collaboration with non-Federal partners, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Recreation Not Red Tape Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Sense of Congress regarding outdoor recreation. TITLE I—Modernizing recreation permitting Sec. 101. Definitions. Sec. 102. Special recreation permit and fee. Sec. 103. Permitting process improvements. Sec. 104. Permit flexibility. Sec. 105. Permit administration. Sec. 106. Permits for multijurisdictional trips. Sec. 107. Forest Service permit use reviews. Sec. 108. Liability. Sec. 109. Cost recovery reform. Sec. 110. Extension of special recreation permits. Sec. 111. Availability of Federal and State recreation passes. Sec. 112. Online purchases of America the Beautiful—the National Parks and Federal Recreational Lands Pass. Sec. 113. Effect. TITLE II—Accessing the outdoors Sec. 201. Access for servicemembers and veterans. TITLE III—Making recreation a priority Sec. 301. Extension of seasonal recreation opportunities. Sec. 302. Recreation performance metrics. Sec. 303. Recreation mission. Sec. 304. National Recreation Area System. TITLE IV—Maintenance of public land Subtitle A—Volunteers Sec. 401. Private-sector volunteer enhancement program. Subtitle B—Priority trail maintenance Sec. 411. Interagency trail management. 2. Definitions In this Act: (1) Federal land management agency The term Federal land management agency has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (2) Federal recreational lands and waters The term Federal recreational lands and waters has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (3) Secretaries Except as otherwise provided in this Act, the term Secretaries means— (A) the Secretary of the Interior; and (B) the Secretary of Agriculture. 3. Sense of Congress regarding outdoor recreation It is the sense of Congress that— (1) outdoor recreation and the outdoor industry that outdoor recreation supports are vital to the United States; (2) access to outdoor recreation on Federal recreational lands and waters is important to the health and wellness of all people of the United States, especially families and young people; (3) in addition to the overall economic benefit of outdoor recreation, the economic benefits of outdoor recreation on Federal recreational lands and waters creates significant economic and employment benefits to rural economies; (4) Congress supports the creation of outdoor recreation sector leadership positions within State governments, as well as coordination with recreation and tourism organizations within the State to guide the growth of this sector, as evidenced by recent examples in the States of Colorado, Utah, and Washington; (5) State and local recreation and tourism offices play a pivotal role in— (A) coordinating State outdoor recreation policies, management, and promotion among Federal, State, and local agencies and entities; (B) disseminating information, increasing awareness, and growing demand for outdoor recreation experiences among visitors across the United States and throughout the world; (C) improving funding for, access to, and participation in outdoor recreation; and (D) promoting economic development in the State by coordinating with stakeholders, improving recreational opportunities, and recruiting outdoor recreation businesses; (6) it is vital— (A) to support the coordination and collaboration of the Federal and State land and water management agencies in the delivery of visitor services and management of outdoor recreation for the United States; and (B) provide adequate staffing within Federal land management agencies to facilitate sustainable and accessible outdoor recreation opportunities; and (7) volunteers and volunteer partnerships play an important role in maintaining public land. I Modernizing recreation permitting 101. Definitions In this title: (1) Associated agency The term associated agency means the Federal land management agency, other than the lead agency, that manages a public land unit that is the subject of a single joint special recreation permit under section 106. (2) Lead agency With respect to a single joint special recreation permit application submitted under section 106(a), the term lead agency means the Federal land management agency designated to administer the single joint special recreation permit under section 106(a)(2). (3) Long-term special recreation permit The term long-term special recreation permit means— (A) for a public land unit managed by the Forest Service, a priority use permit; and (B) for a public land unit managed by the Bureau of Land Management, a multiyear special recreation permit. (4) Multijurisdictional trip The term multijurisdictional trip means a trip that— (A) uses 2 or more public land units; and (B) is under the jurisdiction of 2 or more Federal land management agencies. (5) Public land unit The term public land unit means— (A) a unit of the National Forest System; (B) a unit of the National Park System; (C) a unit of the National Wildlife Refuge System; (D) a district of the Bureau of Land Management; and (E) a project of the Bureau of Reclamation. (6) Recreation service provider The term recreation service provider has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (7) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to a public land unit described in paragraph (5)(A); and (B) the Secretary of the Interior, with respect to a public land unit described in subparagraph (B), (C), (D), or (E) of paragraph (5). (8) Special recreation permit The term special recreation permit has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). 102. Special recreation permit and fee (a) Definitions Section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) is amended— (1) in paragraph (1), by striking section 3(f) and inserting 803(f) ; (2) in paragraph (2), by striking section 3(g) and inserting section 803(g) ; (3) in paragraph (6), by striking section 5 and inserting section 805 ; (4) in paragraph (9), by striking section 5 and inserting section 805 ; (5) in paragraph (12), by striking section 7 and inserting section 807 ; (6) in paragraph (13), by striking section 3(h) and inserting section 803(h) ; (7) by redesignating paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (11), and (13) as paragraphs (15), (1), (3), (4), (5), (6), (7), (8), (11), (10), and (14), respectively, and moving the paragraphs so as to appear in numerical order; (8) by inserting after paragraph (8) (as so redesignated) the following: (9) Recreation service provider The term recreation service provider means an individual or entity that— (A) provides outfitting, guiding, or other recreation services; or (B) conducts recreational or competitive events, including incidental sales. ; and (9) by inserting after paragraph (12) the following: (13) Special recreation permit The term special recreation permit means a permit issued by a Federal land management agency for specialized individual or group uses of Federal recreational lands and waters, including for— (A) outfitting, guiding, or other recreation services; (B) recreation or competitive events, which may include incidental sales; (C) the use of— (i) a special area; or (ii) an area in which use is allocated; (D) motorized recreation vehicle use in compliance with an applicable travel management plan or other regulation; and (E) a group activity or event. . (b) Special recreation permit and fee Section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) is amended— (1) in subsection (b)(5), by striking section 4(d) and inserting section 804(d) ; and (2) by striking subsection (h) and inserting the following: (h) Special recreation permit and fee (1) Special recreation permit The Secretary may issue a special recreation permit for specialized individual or group uses of Federal recreational lands and waters. (2) Special recreation permit fee (A) In general The Secretary may charge a special recreation permit fee in connection with the issuance of a special recreation permit under paragraph (1). (B) Fees for certain lands (i) In general Subject to clauses (ii) and (iii), a special recreation permit fee under subparagraph (A) for use of Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service shall not exceed the difference between— (I) the sum of— (aa) 3 percent of the annual gross revenue of the recreation service provider for all activities authorized by the special recreation permit; and (bb) any applicable revenue addition; and (II) any applicable revenue exclusion. (ii) Exclusion of certain revenues and payments In calculating the amount of a fee for a special recreation permit under clause (i), the Secretary shall exclude— (I) revenue from goods, services, souvenirs, merchandise, gear, food, and activities provided or sold by a special recreation permit holder in a location other than the Federal recreational lands and waters covered by the permit, including transportation costs, lodging, and any other service before or after a trip; and (II) revenue from any recreational services provided by a special recreation permit holder for activities on Federal recreational lands and waters for which a separate permit is issued. (iii) Alternative per-person fee (I) In general For Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service, the Secretary may charge a per-person fee in connection with the issuance of a special recreation permit under paragraph (1). (II) Amount of fee The total amount charged by the Secretary in connection with the issuance of a special recreation permit under paragraph (1) using a per-person fee under subclause (I) shall be comparable to the amount the Secretary may charge for a special recreation permit fee under subparagraph (A) and clauses (i) and (ii). (iv) Effect Nothing in this subparagraph affects any fee for a commercial use authorization for use of Federal recreational lands and waters managed by the National Park Service. (C) Disclosure of fees A special recreation permit holder may inform customers of any fee charged by the Secretary under this section. (3) Report (A) In general The Secretary shall make available to holders of special recreation permits under paragraph (1) and the public an annual report describing the use of fees collected by the Secretary under paragraph (2). (B) Requirements The report under subparagraph (A) shall include a description of how the fees are used in each public land unit (as defined in section 101 of the Recreation Not Red Tape Act ) administered by the Secretary, including an identification of the amounts used for specific activities within the public land unit. . (c) Use of special recreation permit revenue Section 808 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6807 ) is amended— (1) in subsection (a)(3)(F), by striking section 6(a) and inserting section 806(a) ; (2) in subsection (d), by striking section 5 each place it appears and inserting section 805 ; (3) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and (4) by inserting after subsection (a) the following: (b) Use of special recreation permit fee revenue Revenue from a special recreation permit fee may be used for— (1) the purposes described in subsection (a); and (2) expenses— (A) associated with processing applications for special recreation permits; and (B) incurred in the improvement of the operation of the special recreation permit system. . (d) Permanent authorization Section 810 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6809 ) is amended— (1) by striking The authority and inserting the following: (a) In general Except as provided in subsection (b), the authority ; and (2) by adding at the end the following: (b) Applicability Subsection (a) shall not apply to— (1) section 802; (2) subsection (d)(2) or (h) of section 803; or (3) subsection (a), (b), or (c) of section 808. . 103. Permitting process improvements (a) In general To simplify the process of the issuance and renewal of special recreation permits and reduce the cost of administering special recreation permits, the Secretary concerned shall— (1) not later than 180 days after the date of enactment of this Act— (A) evaluate the special recreation permitting process; and (B) identify opportunities— (i) to eliminate duplicative processes; (ii) to reduce costs; and (iii) to decrease processing times; and (2) not later than 180 days after the date on which the Secretary concerned completes the evaluation and identification processes under paragraph (1), revise, as necessary, relevant agency regulations and policy statements to implement the improvements identified under paragraph (1)(B). (b) Categorical exclusions (1) Evaluation Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall evaluate whether 1 or more additional categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) would reduce processing times or costs for the issuance or renewal of special recreation permits without significantly affecting the quality of the human environment. (2) Establishment of categorical exclusions If the Secretary concerned determines under paragraph (1) that 1 or more additional categorical exclusions would reduce processing times or costs for the issuance or renewal of special recreation permits without significantly affecting the quality of the human environment, the Secretary concerned shall— (A) establish those categorical exclusions in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); (B) fully document that a category of actions will not individually or cumulatively have a significant effect on the human environment; and (C) revise relevant regulations and policy statements of applicable Federal agencies to incorporate those categorical exclusions. (3) Administration (A) In general In administering a categorical exclusion established under paragraph (2), the Secretary concerned shall comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) (including regulations promulgated under that Act). (B) Extraordinary circumstances In determining whether to use a categorical exclusion established under paragraph (2), the Secretary concerned shall apply the extraordinary circumstances procedures described in, as applicable— (i) section 220.6 of title 36, Code of Federal Regulations (or a successor regulation); and (ii) section 46.215 of title 43, Code of Federal Regulations (or a successor regulation). (c) Needs assessments Except as required under subsection (c) or (d) of section 4 of the Wilderness Act ( 16 U.S.C. 1133 ), the Secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit under this Act. (d) Online applications The Secretary concerned shall make applications for special recreation permits available to be completed and submitted online unless the Secretary concerned determines that making the applications available for completion and submission online would not improve the efficiency or accessibility of the permitting process. 104. Permit flexibility (a) Substantially similar activities The Secretary concerned shall establish a permit administration protocol that authorizes, to the maximum extent practicable, a permittee issued a special recreation permit for a public land unit to engage in a recreational activity that is substantially similar to the specific activity authorized under the special recreation permit, if the substantially similar recreational activity— (1) is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit; (2) does not result in a greater impact on natural and cultural resources than the authorized activity; (3) does not adversely affect any other permittee issued a special recreation permit for the applicable public land unit; (4) does not involve the use of a motor, including an electric motor, for a previously nonmotorized use; and (5) is consistent with any laws (including regulations) and land use or management plans that apply to the applicable public land unit. (b) Voluntary return of surplus service days The Secretary concerned shall establish a program to allow a permittee issued a special recreation permit for a public land unit to voluntarily and temporarily return to the Secretary concerned 1 or more service days, to be made available to any other existing or potential permittee. (c) Forest Service and Bureau of Land Management temporary special recreation permits (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary concerned shall establish and implement a program to authorize the issuance of temporary special recreation permits for new or additional recreational uses of Federal recreational lands and waters managed by the Forest Service and the Bureau of Land Management. (2) Term of temporary permits A temporary special recreation permit issued under paragraph (1) shall be issued for a period of not more than 2 years. (3) Conversion to long-term permit If the Secretary concerned determines that a permittee under paragraph (1) has completed 2 years of satisfactory operation under the permit proposed to be converted, the Secretary may provide for the conversion of a temporary special recreation permit issued under paragraph (1) to a long-term special recreation permit. (4) Effect Nothing in this subsection alters or affects the authority of the Secretary to issue a special recreation permit under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ). 105. Permit administration (a) Permit availability (1) Notification of permit availability (A) In general Except as provided in subparagraphs (B) and (C), if the Secretary concerned has determined that the Department of Agriculture or the Department of the Interior, as applicable, is able to issue new special recreation permits to recreation service providers seeking to use a public land unit, the Secretary concerned shall publish that information on the website of the agency that administers the relevant public land unit. (B) Exception for certain permits With respect to a public land unit managed by the Forest Service or the Bureau of Land Management, subparagraph (A) shall apply only to a long-term special recreation permit for the public land unit. (C) Exception for renewals and reissuances Subparagraph (A) shall not apply to— (i) a renewal or reissuance of an existing special recreation permit; or (ii) a new special recreation permit issued to the purchaser of a recreation service provider that is the holder of an existing special recreation permit. (D) Effect Nothing in this paragraph creates a prerequisite to the issuance of a special recreation permit or otherwise limits the authority of the Secretary concerned— (i) to issue a new special recreation permit; (ii) to add a new or additional use to an existing special recreation permit; or (iii) to make special recreation permits available to members of the public. (2) Updates The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public. (3) Electronic mail notification The Secretary concerned shall— (A) establish a system by which potential special recreation permit applicants may subscribe to receive notification of the availability of special recreation permits by electronic mail; and (B) direct employees of the Department of Agriculture or the Department of the Interior, as applicable, to use that system to notify the public of the availability of special recreation permits. (b) Permit application acknowledgment Not later than 60 days after the date on which the Secretary of the Interior receives a completed application or the Secretary of Agriculture receives a complete proposal for a special recreation permit for a public land unit, the Secretary concerned shall— (1) provide to the applicant notice acknowledging receipt of the application or proposal; and (2) (A) issue a final decision with respect to the application or proposal; or (B) provide to the applicant notice of a projected date for a final decision on the application or proposal. 106. Permits for multijurisdictional trips (a) Single joint special recreation permits (1) In general In the case of a multijurisdictional trip, the Federal land management agencies with jurisdiction over the multijurisdictional trip may offer to the applicant a single joint special recreation permit that authorizes the use of each public land unit under the jurisdiction of those Federal land management agencies. (2) Lead agency In offering a single joint special recreation permit under paragraph (1), the applicable Federal land management agencies shall designate a lead agency for administering the single joint special recreation permit based on the following considerations: (A) The length of the multijurisdictional trip and the relative portions of the multijurisdictional trip on each public land unit. (B) The congressional or administrative designations that apply to the areas to be used during the multijurisdictional trip and the degree to which those designations impose limitations on recreational use. (C) The relative ability of the Federal land management agencies with jurisdiction over any public land unit affected by the multijurisdictional trip to process the single joint special recreation permit application in a timely manner. (D) Other relevant administrative considerations. (3) Application An applicant desiring to be offered a single joint special recreation permit under paragraph (1) shall submit to the lead agency an application, as required by the lead agency. (4) Option to apply for separate permits An applicant for a special recreation permit for a multijurisdictional trip may apply to each applicable Federal land management agency for a separate permit for the portion of the multijurisdictional trip on the public land unit managed by each applicable Federal land management agency. (b) Requirements In issuing a single joint special recreation permit under subsection (a), the lead agency shall— (1) coordinate with each associated agency, consistent with the authority of the Secretary concerned under section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( 43 U.S.C. 1703 ), to develop and issue 1 joint permit that covers the entirety of the multijurisdictional trip; (2) in processing the joint special recreation permit application, incorporate the findings, interests, and needs of each associated agency; (3) in issuing the joint special recreation permit, clearly identify the agencies that have the authority to enforce the terms, stipulations, conditions, and agreements of the joint special recreation permit, as determined under subsection (d); and (4) complete the permitting process within a reasonable timeframe. (c) Cost recovery Coordination with each associated agency under subsection (b) shall not be subject to cost recovery. (d) Enforcement authority (1) Delegation of authority to lead agency In administering a single joint special recreation permit under subsection (a), each associated agency shall delegate to the lead agency the authority— (A) to enforce the terms, stipulations, conditions, and agreements of the joint special recreation permit, as may be required by each associated agency; and (B) to suspend, terminate, or revoke the joint special recreation permit for— (i) noncompliance with Federal, State, or local laws (including regulations); (ii) noncompliance with the terms of the joint special recreation permit; or (iii) failure of the holder of the joint special recreation permit to exercise the privileges granted by the joint special recreation permit. (2) Retention of authority by the associated agency The associated agency shall retain the authority to enforce the terms, stipulations, conditions, and agreements in the joint special recreation permit that apply specifically to the use occurring on the public land unit managed by the associated agency. (e) Withdrawal (1) In general The lead agency or an associated agency may withdraw from a joint special recreation permit at any time. (2) Issuance of separate permits (A) In general In the case of a withdrawal by 1 or more agencies under paragraph (1), if the holder of the joint special recreation permit is in compliance with the requirements of the joint special recreation permit, the lead agency and each associated agency shall issue to the holder of the joint special recreation permit a new, separate special recreation permit for any use occurring on the public land unit managed by the agency. (B) Requirements A special recreation permit issued under subparagraph (A) shall contain the same or substantially similar terms, conditions, and operating stipulations as the joint special recreation permit from which an agency has withdrawn under paragraph (1). (C) No new application The holder of a joint special recreation permit from which an agency has withdrawn under paragraph (1) shall not be required to submit a new application for a separate special recreation permit. (f) Treatment of public land units charging entrance fees For any trip that originates on, or outside of, but passes through, a public land unit that charges entrance fees, entrance fees may be collected in addition to the special recreation permit fees collected under subsection (h)(2) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ). 107. Forest Service permit use reviews (a) In general If the Secretary of Agriculture (referred to in this section as the Secretary ) conducts a special recreation permit use review in renewing a special recreation permit or adjusting allocations of use in a special recreation permit, the Secretary shall— (1) take into consideration the performance of the special recreation permit holder during the reviewed period; and (2) if the special recreation permit holder receives a satisfactory performance review, allocate to the special recreation permit holder the highest level of actual annual use during the period under review plus 25 percent of that use, not to exceed the level allocated to the special recreation permit holder on the date on which the special recreation permit was issued. (b) Additional capacity (1) In general If additional use capacity is available, the Secretary may, at any time, assign the remaining use to 1 or more qualified recreation service providers. (2) Assignment not subject to cap on use Notwithstanding subsection (a), in assigning additional use capacity under paragraph (1), the Secretary may assign additional use capacity to an existing special recreation permit holder even if that assignment would exceed the amount of use allocated to the special recreation permit holder on the date on which the special recreation permit was issued. (c) Waiver The Secretary may waive a special recreation permit use review for any period during which use of the assigned capacity for the special recreation permit has been prevented by a circumstance beyond the control of the special recreation permit holder, such as— (1) unfavorable weather; (2) fire; (3) natural disaster; (4) wildlife displacement; (5) business interruption; (6) insufficient availability of hunting and fishing licenses; or (7) significant seasonal variability or off-peak periods within the allocated period of use. (d) Approval of non-Use (1) In general In any circumstance for which the holder of a special recreation permit would qualify for a waiver under subsection (c), on request of the holder of the special recreation permit, the Secretary may approve non-use by the holder of the special recreation permit without reducing the number of service days assigned to the special recreation permit. (2) Temporary reassignment of use The Secretary may assign any period of non-use approved under paragraph (1) to another qualified recreation service provider. 108. Liability (a) Exculpatory agreements (1) In general A Federal land management agency shall not implement, administer, or enforce any regulation, guidance, or policy relating to the use of an exculpatory agreement between the holder of a special recreation permit and a customer of the holder of the special recreation permit relating to services provided under a special recreation permit. (2) Savings clause Nothing in this subsection preempts, displaces, modifies, or eliminates any State law (including common law) relating to exculpatory agreements. (b) Indemnification by government entities The Secretary concerned may not require a recreation service provider to indemnify the United States as a condition for issuing a special recreation permit for a public land unit under section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) ) if— (1) the recreation service provider is prohibited by State or local law from providing indemnification to the United States; and (2) the recreation service provider— (A) carries the minimum amount of liability insurance coverage required by the issuing agency for the activities conducted under the special recreation permit; or (B) is self-insured for the same amount. 109. Cost recovery reform (a) Revision of regulations (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall revise section 251.58 of title 36, Code of Federal Regulations, and the Secretary of the Interior shall revise section 2932.31 of title 43, Code of Federal Regulations, to be consistent with this section. (2) Limitation In carrying out paragraph (1), the Secretaries shall not include anything in the revised regulations that would limit the authority of the Secretaries to issue or renew special recreation permits. (b) De minimis exemption from cost recovery (1) In general Any regulation promulgated by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover the costs of processing an application for a special recreation permit or monitoring an authorization under a special recreation permit shall include an exemption providing that fees may not be recovered for not less than the first 50 hours of work necessary in any 1 year to process the application or monitor the authorization. (2) Multiple applications In situations involving multiple applications for special recreation permits for similar services in the same public land unit or area that, in the aggregate, require more hours to process than are exempt under the regulations promulgated under paragraph (1), the Secretary concerned shall, regardless of whether the applications are solicited or unsolicited and whether there is competitive interest— (A) determine the share of the aggregate quantity of hours to be allocated to each application on an equal or prorated basis, as appropriate; and (B) for each application, apply a separate exemption as specified in the regulations promulgated under paragraph (1) to the share of the aggregate hours allocated to the application. (c) Cost reduction To the maximum extent practicable, the Secretary concerned processing an application for a special recreation permit shall use existing studies and analysis to reduce the quantity of work and costs necessary to process the application. 110. Extension of special recreation permits (a) In general Subject to subsection (b), if the holder of a long-term special recreation permit makes a timely and sufficient request for renewal of the long-term special recreation permit, the expiration of the permit shall be tolled in accordance with the undesignated matter following section 558(c)(2) of title 5, United States Code, until such time as the request for renewal has been finally determined by the Secretary concerned. (b) Limitation Any tolling under subsection (a) shall be for a period of not more than 5 years. (c) Responsibility of the secretary concerned Before allowing the expiration of a permit to be tolled under subsection (a), the Secretary concerned, to the maximum extent practicable, shall complete the renewal process. 111. Availability of Federal and State recreation passes (a) In general The Federal Lands Recreation Enhancement Act is amended by inserting after section 805 ( 16 U.S.C. 6804 ) the following: 805A. Availability of Federal and State recreation passes (a) Establishment of program (1) In general To improve the availability of Federal and State outdoor recreation passes, the Secretaries are encouraged to consult with States to coordinate the availability of Federal and State recreation passes to allow a purchaser to buy a Federal recreation pass and a State recreation pass in the same transaction. (2) Included passes Passes covered by the program established under paragraph (1) include— (A) an America the Beautiful—the National Parks and Federal Recreational Lands Pass under section 805; and (B) any pass covering any fees charged by participating States and localities for entrance and recreational use of parks and public land in the participating States. (b) Agreements with States (1) In general The Secretaries, after consultation with the States, may enter into agreements with States to coordinate the availability of passes as described in subsection (a). (2) Revenue from pass sales The agreements between the Secretaries and the States shall ensure that— (A) funds from the sale of State passes are transferred to the appropriate State agency; (B) funds from the sale of Federal passes are transferred to the appropriate Federal agency; and (C) fund transfers are completed by the end of a fiscal year for all pass sales occurring during the fiscal year. (3) Notice In entering into an agreement under paragraph (1), the Secretaries shall publish in the Federal Register a notice describing the agreement. . (b) Clerical amendment The table of contents for the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq.) is amended by inserting after the item relating to section 805 the following: Sec. 805A. Availability of Federal and State recreation passes. . 112. Online purchases of America the Beautiful—the National Parks and Federal Recreational Lands Pass (a) In general Section 805(a)(6) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6804(a)(6) ) is amended by striking subparagraph (A) and inserting the following: (A) In general The Secretaries shall sell the America the Beautiful—the National Parks and Federal Recreational Lands Pass— (i) at all Federal recreational lands and waters at which an entrance fee or a standard amenity recreation fee is charged where feasible to do so; (ii) at such other locations as the Secretaries consider appropriate and feasible; and (iii) through the website of each of the Federal land management agencies and the websites of the relevant units and subunits of those agencies, with— (I) a prominent link on each website; and (II) information about where and when passes are needed. . (b) Entrance pass and amenity fees The Secretaries shall make available for payment online, if appropriate and feasible, for each public land unit where passes and fees are required— (1) all entrance fees under section 803(e) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(e) ); (2) all standard amenity recreation fees under section 803(f) of that Act ( 16 U.S.C. 6802(f) ); and (3) all expanded amenity recreation fees under section 803(g) of that Act ( 16 U.S.C. 6802(g) ). 113. Effect (a) In general Except as provided in subsection (b), nothing in this Act (including an amendment made by this Act) affects the authority or responsibility of the Secretary of the Interior to award concessions contracts for the provision of accommodations, facilities, and services, or commercial use authorizations to provide services, to visitors to units of the National Park System under subchapter II of chapter 1019 of title 54, United States Code. (b) Exception Notwithstanding subsection (a), subsections (a), (b), and (d) of section 103, subsections (a) and (b) of section 104, and sections 106 and 108 shall apply to commercial use authorizations under subchapter II of chapter 1019 of title 54, United States Code. II Accessing the outdoors 201. Access for servicemembers and veterans (a) In general The Secretaries are encouraged to work with the Secretary of Defense and the Secretary of Veterans Affairs to ensure servicemembers and veterans have access to outdoor recreation and to outdoor-related volunteer and wellness programs as a part of the basic services provided to servicemembers and veterans. (b) Inclusion of information Each branch of the Armed Forces is encouraged to include information regarding outdoor recreation and outdoors-based careers in the materials and counseling services focused on resilience and career readiness provided in transition programs, including— (1) the benefits of outdoor recreation for physical and mental health; (2) resources to access guided outdoor trips and other outdoor programs connected to the Department of Veterans Affairs; and (3) information regarding programs and jobs focused on continuing national service such as the Public Land Corps, AmeriCorps, or a conservation corps program. (c) Outdoor recreation program attendance Each branch of the Armed Forces is encouraged to permit members of the Armed Forces on active duty status, at the discretion of the commander of the member, to use not more than 7 days of a permissive temporary duty assignment or terminal leave allotted to the member to participate in a program related to environmental stewardship or guided outdoor recreation following deployment. (d) Veteran hiring The Secretaries are strongly encouraged to hire veterans in all positions related to the management of Federal recreational lands and waters. III Making recreation a priority 301. Extension of seasonal recreation opportunities (a) In general (1) Extension of Recreational Season The relevant unit managers of Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, and the National Park Service may— (A) identify areas of Federal recreational lands and waters in which recreation use is highly seasonal; (B) where appropriate, extend the recreation season or increase recreation use in a sustainable manner during the offseason; and (C) make information about extended season schedules and related recreational opportunities available to the public and local communities. (2) Clarification Nothing in this subsection precludes the Secretaries from providing for additional recreational opportunities and uses at times other than those referred to in paragraph (1). (b) Inclusions An extension under subsection (a)(1) may include— (1) the addition of facilities that would increase recreation use during the offseason; and (2) improvement of access to the area to extend the season. (c) Requirement An extension under subsection (a)(1) shall be compatible with all applicable Federal laws, regulations, and policies, including land use plans. 302. Recreation performance metrics (a) In general The Chief of the Forest Service and the Director of the Bureau of Land Management shall evaluate land managers under their jurisdiction based on the achievement of applicable agency recreational and tourism metrics as described in applicable land management plans. (b) Metrics (1) In general The metrics used to evaluate recreation and tourism outcomes shall ensure— (A) the advancement of recreation and tourism goals; and (B) the ability of the land manager to enhance the outdoor experience of the visitor. (2) Inclusions The metrics referred to paragraph (1) shall include— (A) the extent of positive economic impacts; (B) visitation by families; (C) the number of visiting school and youth groups; (D) the number of available recreational opportunities; (E) the quality of visitor experience; (F) the number of recreational and environmental educational programs offered; (G) visitor satisfaction; and (H) the maintenance and expansion of existing recreation infrastructure. 303. Recreation mission (a) Definition of Federal agency In this section, the term Federal agency means each of— (1) the Corps of Engineers; (2) the Bureau of Reclamation; (3) the Federal Energy Regulatory Commission; and (4) the Department of Transportation. (b) Mission With respect to the mission of the Federal agency, each Federal agency shall consider how land and water management decisions can enhance recreation opportunities and the recreation economy. 304. National Recreation Area System (a) Declaration of policy It is the policy of the United States that certain Federal land possesses remarkable recreational values and should be managed for— (1) sustainable outdoor recreational uses by the people of the United States; (2) the recreational, social, and health benefits people receive from the Federal land through outdoor recreation; and (3) the specific and meaningful experiences made possible by unique and varied landscapes. (b) Definitions In this section: (1) Natural feature The term natural feature means an ecological, geological, hydrological, or scenic attribute of a specific area. (2) Remarkable recreational attribute The term remarkable recreational attribute means, with respect to an area— (A) a natural feature that supports high-quality outdoor recreation opportunities and experiences; (B) having a high value in terms of providing recreation opportunities to underserved communities; (C) a unique cultural or historic feature or attribute that supports high-quality recreation opportunities and experiences; (D) the offering of outstanding existing or prospective recreation opportunities and uses; (E) having an important role in, and contributing significantly, to the outdoor recreation economy; or (F) having high fish and wildlife values. (3) Secretary The term Secretary means— (A) the Secretary of the Interior, acting through the Director of the Bureau of Land Management with respect to land administered by the Bureau of Land Management; and (B) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land. (4) System The term System means the National Recreation Area System established by subsection (c). (5) System unit The term System unit means a System unit designated pursuant to subsection (c). (c) Composition There is established a National Recreation Area System, to be comprised of— (1) existing National Recreation Areas under the jurisdiction of the Bureau of Land Management or the Forest Service described in subsection (g); and (2) new System units designated by Congress on or after the date of enactment of this Act. (d) Administration (1) In general Subject to valid existing rights, the Secretary shall manage each System unit in a manner that— (A) prioritizes the sustainable enjoyment, conservation, and enhancement of the remarkable recreational attributes, natural features, and uses of the System unit consistent with subsection (a); and (B) protects the System unit for a variety of recreational uses (including outfitting and guiding, motorized recreation, hunting and fishing, horseback riding, and biking ) in locations where those uses are appropriate and are conducted in accordance with the applicable land management plan and all applicable Federal and State laws (including regulations). (2) Grazing Livestock grazing within System units, where established before the date of the enactment of this Act, shall be permitted if the grazing complies with all applicable laws (including regulations). (3) State, tribal, and local involvement The Secretary shall consult with States, political subdivisions of States, affected Indian Tribes, adjacent landowners, and the public in the administration of System units. (4) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of a State with respect to fish and wildlife in a System unit in the State. (5) Water rights Nothing in this section affects any valid or vested water right in existence on the date of enactment of this Act. (6) Ski area land This section shall not apply to ski area land, including ski area special use permit boundaries, master development plan boundaries, and any acres allocated for resort development in a forest plan. (e) Components of national recreation area system (1) Map; legal description (A) In general For System units designated by an Act of Congress after the date of enactment of this Act, as soon as practicable after the date of designation of a System unit, the Secretary shall prepare a map and legal description of the System unit. (B) Force of law The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. (C) Public availability The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the offices of the Bureau of Land Management and the Forest Service, as appropriate. (2) Comprehensive management plan (A) In general For System units designated by an Act of Congress after the date of enactment of this Act the Secretary with jurisdiction over the System unit shall prepare a comprehensive management plan for the unit that fulfills the requirements of subsection (d)(1) and subparagraph (C). (B) Timing (i) In general The comprehensive management plan described in subparagraph (A) shall be completed as part of the regular land use management planning process of the applicable agency on which the System unit is located. (ii) Delay in plan revision If the planning cycle of the applicable agency does not coincide with the designation of the System unit, the initial plan for the unit shall be completed not later than 3 years after the date of designation of the System unit. (C) Requirements A comprehensive management plan prepared under subparagraph (A) shall— (i) identify the existing, and to the extent practicable, prospective remarkable recreational attributes of the System unit; (ii) ensure the System unit is managed to protect and enhance the purposes for which the System unit was established; (iii) ensure the System unit is managed to protect and enhance the resources that make the area suitable for designation under subsection (c)(2) in accordance with subsection (a); (iv) describe the circumstances and locations in which the activities described in paragraphs (1)(B) and (2) of subsection (d) are permitted on the System unit; (v) be coordinated with resource management planning for affected adjacent Federal land, if applicable; (vi) be prepared— (I) in accordance with— (aa) as applicable, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.) or section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ); and (bb) any other applicable laws (including regulations); and (II) in consultation with States, political subdivisions of States, affected Indian Tribes, adjacent landowners, and the public; and (vii) designate a sustainable road and trail network, consistent with subsection (a) and the purposes for which the System unit was established, in accordance with all applicable laws (including regulations). (D) Review A comprehensive management plan described in subparagraph (A) shall be regularly reviewed and updated as part of the regular land management planning process of the applicable agency. (E) Management by secretary (i) In general The Secretary shall manage a National Recreation Area described in subsection (g) in accordance with the management plan for the National Recreation Area in effect on the date of enactment of this Act, until the date on which the plan is revised or superseded by a new comprehensive management plan issued in accordance with this paragraph. (ii) Plan revision If 1 or more components of an existing management plan referred to in clause (i) conflict with this section, not later than 2 years after the date of enactment of this Act, the Secretary shall revise the plan to make the plan consistent with this section. (F) Notice The Secretary shall publish in the Federal Register notice of the completion and availability of a plan prepared under this paragraph. (f) Potential additions to national recreation area system (1) Eligible area An area eligible for inclusion in the System is an area that possesses 1 or more remarkable recreational attributes. (2) Potential additions In carrying out the land management planning process, the Secretary shall— (A) identify eligible areas that possess 1 or more remarkable recreational attributes; (B) develop and maintain a list of eligible areas as potential additions to the System; (C) consider input from the Governor of, political subdivisions of, and affected Indian Tribes located in, the State in which the eligible areas are located; (D) transmit to Congress lists of eligible areas for consideration; and (E) ensure that management plans for eligible areas maintain the recreational attributes supporting eligibility. (g) Existing national recreation areas Each National Recreation Area established before the date of enactment of this Act that is under the jurisdiction of the Bureau of Land Management or the Forest Service shall be— (1) deemed to be a unit of the System; and (2) notwithstanding subsection (d), administered under the law pertaining to the applicable System unit. (h) Standard fees In accordance with sections 803 through 808 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802–6807 ), the Secretary may establish a standard amenity fee at each National Recreation Area designated after the date of enactment of this Act, if— (1) the purpose of the fee is to enhance visitor services and stewardship of the recreation area; and (2) the establishment of a fee is not prohibited by other Federal law. (i) Compliance with existing laws Nothing in this section modifies any obligation— (1) of the Secretary to prepare or implement a land use plan in accordance with section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) or section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ); (2) under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); (3) under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); or (4) under any other applicable law. (j) Applicability of other land management designations Nothing in this section affects— (1) any other land or water management designation under any other provision of law; or (2) any obligation to comply with a requirement applicable to such a designation. (k) Native American treaty rights Nothing in this section alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian Tribe, including any off-reservation reserved rights. IV Maintenance of public land A Volunteers 401. Private-sector volunteer enhancement program (a) Purpose The purpose of this section is to promote private-sector volunteer programs within the Department of the Interior and the Department of Agriculture to enhance stewardship, recreation access, and sustainability of the resources, values, and facilities of the Federal recreational lands and waters managed by the Federal land management agencies. (b) Definitions In this section: (1) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management. (2) Volunteer The term volunteer means any individual who performs volunteer services under this section. (c) Establishment The Secretary concerned shall carry out a program under which the Secretary concerned shall— (1) enhance private-sector volunteer programs; (2) actively promote private-sector volunteer opportunities; and (3) provide outreach to, and coordinate with, the private sector for the purposes described in paragraphs (1) and (2). (d) Cooperative agreements for stewardship of Federal land (1) Authority to enter into agreements The Secretary concerned may enter into cooperative agreements (in accordance with section 6305 of title 31, United States Code) with private agencies, organizations, institutions, corporations, individuals, or other entities to carry out 1 or more projects or programs with a Federal land management agency in accordance with this section. (2) Project and program instructions The Secretary concerned shall include in the cooperative agreement the desired outcomes of the project or program and the guidelines for the volunteers to follow, including— (A) the physical boundaries of the project or program; (B) the equipment the volunteers are authorized to use to complete the project or program; (C) the training the volunteers are required to complete, including agency consideration and incorporation of training offered by qualified nongovernmental organizations and volunteer partner organizations; (D) the actions the volunteers are authorized to take to complete the project or program; and (E) any other information that the Secretary concerned determines necessary for the volunteer group to complete the project or program. (3) Authorized projects and programs Subject to paragraph (4), the Secretary concerned may use a cooperative agreement to carry out projects and programs for Federal land that— (A) promote the stewardship of resources of Federal land by volunteers; (B) support maintaining the resources, trails, and facilities on Federal land in a sustainable manner; (C) increase awareness, understanding, and stewardship of Federal land through the development, publication, or distribution of educational materials and products; and (D) promote the use of Federal land as outdoor classrooms. (4) Conditions on use of authority The Secretary concerned may use a cooperative agreement under paragraph (1) to carry out a project or program for the Federal land only if the project or program— (A) complies with all Federal laws (including regulations) and policies; (B) is consistent with an applicable management plan for any Federal recreational lands and waters involved; (C) is monitored by the relevant Federal land management agency during the project and after project completion to determine compliance with the instructions under paragraph (2); and (D) satisfies such other terms and conditions as the Secretary concerned determines to be appropriate. B Priority trail maintenance 411. Interagency trail management (a) In general The Secretaries shall establish an interagency trail management plan to manage and maintain in a uniform manner trails that cross jurisdictional boundaries between Federal land management agencies. (b) Requirement The plan established under subsection (a) shall ensure compliance with all Federal laws. | https://www.govinfo.gov/content/pkg/BILLS-117s1874is/xml/BILLS-117s1874is.xml |
117-s-1875 | II 117th CONGRESS 1st Session S. 1875 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Rounds 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 provide a deadline of 180 days for the filing of claims for payment for emergency treatment furnished to veterans, and for other purposes.
1. Short title This Act may be cited as the Veterans' Emergency Care Claims Parity Act . 2. Claims for payment from Department of Veterans Affairs for emergency treatment furnished to veterans (a) Treatment for non-Service-Connected disabilities (1) In general Section 1725 of title 38, United States Code, is amended— (A) by redesignating subsection (f) as subsection (h); and (B) by inserting after subsection (e) the following new subsections (f) and (g): (f) Submittal of claims for direct payment An individual or entity seeking payment under subsection (a)(2) for treatment provided to a veteran in lieu of reimbursement to the veteran shall submit a claim for such payment not later than 180 days after the latest date on which such treatment was provided. (g) Hold harmless No veteran described in subsection (b) may be held liable for payment for emergency treatment described in such subsection if— (1) a claim for direct payment was submitted by an individual or entity under subsection (f); and (2) such claim was submitted after the deadline established by such subsection due to— (A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency; or (B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim. . (b) Treatment for and in connection with service-Connected disabilities Section 1728(b) of such title is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); (2) in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking In any case and inserting (1) In any case ; (3) by adding at the end the following new paragraph: (2) An individual or entity seeking payment under paragraph (1) for treatment provided to a veteran in lieu of reimbursement to the veteran shall submit a claim for such payment not later than 180 days after the latest date on which such treatment was provided. ; (4) by redesignating subsection (c) as subsection (d); and (5) by inserting after subsection (b) the following new subsection (c): (c) No veteran described in subsection (a) may be held liable for payment for emergency treatment described in such subsection if— (1) a claim for direct payment was submitted by an individual or entity under subsection (b)(2); and (2) such claim was submitted after the deadline established by such subsection due to— (A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency; or (B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim. . (c) Conforming amendments Such title is amended— (1) in section 1705A(d), by striking section 1725(f) and inserting section 1725(h) ; (2) in section 1725(b)(3)(B), by striking subsection (f)(2)(B) or (f)(2)(C) and inserting subsection (h)(2)(B) or (h)(2)(C) ; (3) in section 1728(d), as redesignated by subsection (b)(4), by striking section 1725(f)(1) and inserting section 1725(h)(1) ; (4) in section 1781(a)(4), by striking section 1725(f) and inserting section 1725(h) ; and (5) in section 1787(b)(3), by striking section 1725(f) and inserting section 1725(h) . 3. Publication of clarifying information for non-Department of Veterans Affairs providers (a) In general The Secretary of Veterans Affairs shall publish on one or more publicly available internet websites of the Department of Veterans Affairs, including the main internet website regarding emergency care authorization for non-Department providers, the following information: (1) A summary table or similar resource that provides a list of all authorities of the Department to authorize emergency care from non-Department providers and, for each such authority, the corresponding deadline for submission of claims. (2) An illustrated summary of steps, such as a process map, with a checklist for the submission of clean claims that non-Department providers can follow to assure compliance with the claims-filing process of the Department. (3) Contact information for the appropriate office or service line of the Department to address process questions from non-Department providers. (b) Periodic review Not less frequently than once every 180 days, the Secretary shall review the information published under subsection (a) to ensure that such information is current. (c) Clean claims defined In this section, the term clean claims means clean electronic claims and clean paper claims (as those terms are defined in section 1703D(i) of title 38, United States Code). | https://www.govinfo.gov/content/pkg/BILLS-117s1875is/xml/BILLS-117s1875is.xml |
117-s-1876 | II 117th CONGRESS 1st Session S. 1876 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Schatz (for himself, Mr. Whitehouse , Mr. Booker , Mr. Merkley , Mr. Van Hollen , Mrs. Feinstein , Ms. Warren , Mrs. Murray , Mr. Padilla , Mr. Bennet , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes.
1. Short title This Act may be cited as the Climate Change Financial Risk Act of 2021 . 2. Sense of congress It is the sense of Congress that— (1) if current trends continue, average global temperatures are likely to reach 1.5 degrees Celsius above pre-industrial levels between 2030 and 2050; (2) global temperature rise has already resulted in an increased number of heavy rainstorms, coastal flooding events, heat waves, wildfires, and other extreme events; (3) since 1980— (A) the number of extreme weather events per year that cost the people of the United States more than $1,000,000,000 per event, accounting for inflation, has increased significantly; and (B) the total cost of extreme weather events in the United States has exceeded $1,875,000,000,000; (4) as physical impacts from climate change are manifested across multiple sectors of the economy of the United States— (A) climate-related economic risks will continue to increase; (B) climate-related extreme weather events will disrupt energy and transportation systems in the United States, which will result in more frequent and longer-lasting power outages, fuel shortages, and service disruptions in critical sectors across the economy of the United States; (C) projected increases in extreme heat conditions will lead to decreases in labor productivity in agriculture, construction, and other critical economic sectors; (D) food and livestock production will be impacted in regions that experience increases in heat and drought and small rural communities will struggle to find the resources needed to adapt to those changes; and (E) sea level rise and more frequent and intense extreme weather events will— (i) increasingly disrupt and damage private property and critical infrastructure; and (ii) drastically increase insured and uninsured losses; (5) advances in energy efficiency and renewable energy technologies, as well as climate policies and shifting societal preferences, will— (A) reduce global demand for fossil fuels; and (B) expose transition risks for fossil fuel companies and investors, and for companies and investors in other energy-intensive industries, which could include trillions of dollars of stranded assets around the world; (6) climate change poses uniquely far-reaching risks to the financial services industry, including with respect to credit, counterparty, and market risks, due to the number of sectors and locations impacted and the potentially irreversible scale of damage; (7) financial institutions must take a consistent approach to assessing climate-related financial risks and incorporating those risks into existing risk management practices, which should be informed by scenario analysis; (8) the Board of Governors conducts annual assessments of the capital adequacy and capital planning practices of the largest and most complex banking organizations (referred to in this section as stress tests ) in order to promote a safe, sound, and efficient banking and financial system; (9) as of the date of enactment of this Act, the stress tests conducted by the Board of Governors are not designed to reflect the physical risks or transition risks posed by climate change; (10) the Board of Governors— (A) has the authority to take into account the potentially systemic impact of climate-related risks on the financial system; and (B) should develop new analytical tools with longer time horizons to accurately assess and manage the risks described in subparagraph (A); and (11) the Climate-Related Market Risk Subcommittee of the Commodity Futures Trading Commission has identified the importance of researching climate-related sub-systemic shocks to financial markets and institutions in particular sectors and regions of the United States . 3. Definitions In this Act: (1) Bank holding company The term bank holding company has the meaning given the term in section 102(a) of the Financial Stability Act of 2010 ( 12 U.S.C. 5311(a) ). (2) Board of Governors The term Board of Governors means the Board of Governors of the Federal Reserve System. (3) Climate science leads The term climate science leads means— (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. (4) Covered entity The term covered entity means— (A) a nonbank financial company or bank holding company that has not less than $250,000,000,000 in total consolidated assets; and (B) a nonbank financial company or bank holding company— (i) that has not less than $100,000,000,000 in total consolidated assets; and (ii) with respect to which the Board of Governors determines the application of subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 ( 12 U.S.C. 5365(i)(1) ), as added by section 6 of this Act, is appropriate— (I) to— (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration— (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. (5) Nonbank financial company The term nonbank financial company has the meaning given the term in section 102(a)(4)(C) of the Financial Stability Act of 2010 ( 12 U.S.C. 5311(a)(4)(C) ). (6) Physical risks The term physical risks means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including— (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity The term surveyed entity means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that— (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (8) Technical Development Group The term Technical Development Group means the Climate Risk Scenario Technical Development Group established under section 4. (9) Transition risks The term transition risks means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including— (A) costs relating to— (i) international treaties and agreements; (ii) Federal, State, and local policies; (iii) new technologies; (iv) changing markets; (v) reputational impacts relevant to changing consumer behavior; and (vi) litigation; and (B) a loss in the value, or the stranding, of assets due to any of the costs described in clauses (i) through (vi) of subparagraph (A). (10) Value chain The term value chain — (A) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and (B) may include the sourcing of materials, production, and disposal with respect to the product or service described in subparagraph (A). 4. Climate Risk Scenario Technical Development Group (a) Establishment The Board of Governors shall establish a technical advisory group to be known as the Climate Risk Scenario Technical Development Group. (b) Membership (1) Composition The Technical Development Group shall be composed of 10 members— (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. (2) Selection The Board of Governors shall select the members of the Technical Development Group after consultation with the climate science leads. (c) Duties The Technical Development Group shall— (1) provide recommendations to the Board of Governors regarding the development of, and updates to, the climate change risk scenarios under section 5; (2) after the establishment of the climate change risk scenarios under section 5, determine the financial and economic risks resulting from those scenarios; (3) make any final work product and any data sets or other inputs used in the development of the final work product, publicly available; and (4) provide technical assistance to covered entities in assessing physical risks or transition risks. (d) Inapplicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Technical Development Group. 5. Development and updating of climate change risk scenarios (a) In general (1) Initial development Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. (B) One scenario that assumes an average increase in global temperatures of 2 degrees Celsius above pre-industrial levels. (C) One scenario that— (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (2) Updates After the initial development of the climate change risk scenarios under paragraph (1), the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall update those scenarios once every 3 years. (3) International coordination In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. (4) Recommendations If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. (b) Considerations In developing and updating each of the 3 scenarios required under subsection (a), the Board of Governors, in coordination with the climate science leads, shall account for physical risks and transition risks that may disrupt business operations across the global economy, including through— (1) disruptions with respect to— (A) the sourcing of materials; (B) production; and (C) the disposal of products and services; (2) changes in the availability and prices of raw materials and other inputs; (3) changes in agricultural production and with respect to food security; (4) direct damages to fixed assets; (5) increases in costs associated with insured or uninsured losses; (6) changes in asset values; (7) impacts on— (A) aggregate demand for products and services; (B) labor productivity; (C) asset liquidity; and (D) credit availability; (8) mass migration and increases in disease and mortality rates; (9) international conflict, as such conflict relates to global economic activity and output; and (10) changes in any other microeconomic or macroeconomic condition that the Board of Governors, in coordination with the climate science leads, determines to be relevant. 6. Climate-related enhanced supervision for certain nonbank financial companies and bank holding companies Section 165(i)(1) of the Financial Stability Act of 2010 ( 12 U.S.C. 5365(i)(1) ) is amended— (1) in subparagraph (B)(i), by inserting except as provided in subparagraph (C)(ii)(I), before shall provide ; and (2) by adding at the end the following: (C) Biennial tests required (i) Definitions In this subparagraph— (I) the term capital distribution has the meaning given the term in section 225.8(d)(4) of title 12, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph; (II) the term capital policy has the meaning given the term in section 225.8(d)(7) of title 12, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph; and (III) the terms climate science leads and covered entity have the meanings given those terms in section 3 of the Climate Change Financial Risk Act of 2021 . (ii) Tests (I) In general Subject to the other requirements of this clause, the Board of Governors, in coordination with the appropriate primary financial regulatory agencies and the climate science leads, shall conduct biennial analyses in which each covered entity is subject to evaluation, under an adverse set of conditions, of whether that covered entity has the capital, on a total consolidated basis, necessary to absorb financial losses that would arise under each climate change risk scenario developed under section 5 of the Climate Change Financial Risk Act of 2021 . (II) Initial tests With respect to each of the first 3 analyses conducted under subclause (I)— (aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and (bb) the Board of Governors shall— (AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and (BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (III) Climate risk remediation plan (aa) In general Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a climate risk remediation plan ), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. (bb) Contents Each climate risk remediation plan required under item (aa) shall include— (AA) a capital policy with respect to climate risk planning; and (BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). (cc) Rejection Except as provided in subclause (II)(aa), the Board of Governors may object to a climate risk remediation plan submitted by a covered entity under item (aa) if the Board of Governors determines that— (AA) the covered entity has not demonstrated a reasonable plan to maintain capital above each minimum regulatory capital ratio on a pro forma basis under the adverse set of conditions described in subclause (I); (BB) the climate risk remediation plan is otherwise not reasonable or appropriate; (CC) the assumptions and analysis underlying the climate risk remediation plan, or the methodologies and practices that support the climate risk remediation plan, are not reasonable or appropriate; or (DD) the climate risk remediation plan otherwise constitutes an unsafe or unsound practice. (dd) General distribution limitation If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio. . 7. Sub-systemic exploratory survey (a) Development of survey The Board of Governors, in consultation with the Comptroller of the Currency and the Board of Directors of the Federal Deposit Insurance Corporation, shall develop an exploratory survey to assess— (1) the ability of surveyed entities, including agricultural banks, community banks, and other financial institutions with a significant concentration of business activities in certain geographical areas or industries, to withstand each climate risk scenario developed under section 5; and (2) how surveyed entities plan to make adaptations to the business models and capital planning of those entities in response to the risks presented in each climate change risk scenario developed under section 5. (b) Administration of survey (1) Initial administration (A) In general Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 ( 12 U.S.C. 5365(i)(1) ), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall— (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate— (I) are plausible; and (II) would be effective. (2) Subsequent administration (A) In general After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). (B) Subsequent report Not later than 180 days after the date on which each survey administered under subparagraph (A) is completed, the Board of Governors shall publicly release a report that summarizes the results of the survey, which shall include the analysis described in paragraph (1)(B)(ii). (c) Effect of survey participation (1) In general With respect to a surveyed entity to which any survey under this section is administered— (A) subject to paragraph (2), the entity shall not be subject to any adverse consequence on the basis of a response provided by the entity to the survey; and (B) in any report released with respect to the survey, the Board of Governors may not identify any individual response submitted by the entity to the survey. (2) Rule of construction Nothing in paragraph (1)(A) may be construed to preclude the Board of Governors from pursuing an enforcement action against a surveyed entity because of a violation discovered by the Board of Governors during an examination of the surveyed entity that is independent of a survey administered under this section. 8. Financial Stability Oversight Council (a) In general The Financial Stability Oversight Council shall establish a committee of the Council that shall support the Council in identifying risks to, and in responding to emerging threats to, the stability of the United States financial system as a result of climate change. (b) Responsibilities (1) Committee The committee established under subsection (a) shall, not later than 1 year after the completion of the first analysis required under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 ( 12 U.S.C. 5365(i)(1) ), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. (2) Council For each year after the year in which the assessment required under paragraph (1) is submitted, the Financial Stability Oversight Council shall include in the annual report required under section 112(a)(2)(N) of the Financial Stability Act of 2010 ( 12 U.S.C. 5322(a)(2)(N) ) an update to that assessment. (c) Composition The committee established under subsection (a) shall be composed of— (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s1876is/xml/BILLS-117s1876is.xml |
117-s-1877 | II 117th CONGRESS 1st Session S. 1877 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Tillis (for himself, Mr. Burr , Mr. Cornyn , Mr. Cruz , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes.
1. Short title This Act may be cited as the Hazard Eligibility and Local Projects Act . 2. Authority to begin implementation of acquisition or relocation projects (a) Eligibility for Assistance for Initiated Projects (1) In general Notwithstanding any other provision of law, an entity seeking assistance under a hazard mitigation assistance program shall be eligible to receive such assistance for a covered project if the entity— (A) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or relocation projects, including extinguishing all incompatible encumbrances; and (B) complies with all Federal requirements for the project. (2) Costs incurred An entity seeking assistance under a hazard mitigation assistance program shall be responsible for any project costs incurred by the entity for a covered project if the covered project is not awarded, or is determined to be ineligible for, assistance. (b) Definitions In this section: (1) Covered project The term covered project means— (A) an acquisition or relocation project for which an entity began implementation prior to grant award under a hazard mitigation assistance program; and (B) a project for which an entity initiated planning or construction before or after requesting assistance for the project under a hazard mitigation assistance program qualifying for a categorical exemption under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Hazard mitigation assistance program The term hazard mitigation assistance program means— (A) the predisaster hazard mitigation grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ); (B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ); and (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ). (c) Applicability This section shall apply to funds appropriated on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1877is/xml/BILLS-117s1877is.xml |
117-s-1878 | II 117th CONGRESS 1st Session S. 1878 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Casey (for himself and Mr. Blunt ) 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 for funding for off-system bridges, and for other purposes.
1. Short title This Act may be cited as the Support for Community Bridges Act . 2. Off-system bridge program (a) Definitions Section 101(a) of title 23, United States Code, is amended— (1) by redesignating paragraphs (17) through (34) as paragraphs (18) through (35); and (2) by inserting after paragraph (16) the following: (17) Off-system bridge The term off-system bridge means a highway bridge located on a public road, other than a bridge on a Federal-aid highway. . (b) Apportionment Section 104 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking and to carry out section 134 and inserting to carry out section 134, and for the off-system bridge program under section 171 ; (B) in each of paragraphs (1), (2), and (3), by striking and (6) and inserting (6), and (7) ; (C) in paragraph (4), in the matter preceding subparagraph (A), by striking set aside in accordance with paragraph (5) and inserting set asides in accordance with paragraphs (5) and (7) ; (D) in paragraph (5)(A), by inserting after making the set aside in accordance with paragraph (7), after section 167, ; (E) in paragraph (6), in the matter preceding subparagraph (A), by striking set aside in accordance with paragraph (5) and inserting set asides in accordance with paragraphs (5) and (7) ; and (F) by adding at the end the following: (7) Off-system bridge program (A) In general For the off-system bridge program under section 171, the Secretary shall set aside from the base apportionment determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C). (B) Total amount The total amount set aside for the off-system bridge program for all States shall be 2.5 percent of the total amount made available to carry out the programs described in this subsection for the fiscal year. (C) State share (i) In general For each fiscal year, the Secretary shall distribute among States the total amount set aside under subparagraph (B) so that each State receives an amount equal to the sum of the amounts calculated for the State under each of subclauses (I) and (II) of clause (ii), subject to any adjustment under clause (iii). (ii) Initial amounts (I) Bridges in poor condition 75 percent of the amount reserved under subparagraph (B) shall be apportioned so that each State receives an amount equal to the proportion that— (aa) the total deck space of off-system bridges in the State that are in poor condition, as determined by the Secretary; bears to (bb) the total deck space of off-system bridges in all States that are in poor condition, as determined by the Secretary. (II) Bridges in other than poor condition 25 percent of the amount reserved under subparagraph (B) shall be apportioned so that each State receives an amount equal to the proportion that— (aa) the total deck space of off-system bridges in the State that are not in poor condition, as determined by the Secretary; bears to (bb) the total deck space of off-system bridges in all States that are not in poor condition, as determined by the Secretary. (iii) Adjustments to amounts (I) Definitions In this clause: (aa) Adjustment amount The term adjustment amount means the total amount needed for all States that do not meet the requirement under subclause (II), based on the initial calculation under clause (ii), to meet that requirement. (bb) Increase in funds The term increase in funds , with respect to a State, means the amount, expressed as a percentage, that— (AA) the State would receive under clause (ii); compared to (BB) the amount required to be obligated by the State for fiscal year 2021 for off-system bridges under section 133(f)(2) (as in effect on the day before the date of enactment of the Support for Community Bridges Act ). (II) Adjustments The Secretary shall adjust the initial amount calculated for a State under clause (ii) to ensure that each State receives an amount that is not less than the amount required to be obligated by the State for fiscal year 2021 for off-system bridges under section 133(f)(2) (as in effect on the day before the date of enactment of the Support for Community Bridges Act ). (III) Method (aa) Ranking Before making adjustments under subclause (II), the Secretary shall rank each State in descending order based on the increase in funds for each State. (bb) Reductions The Secretary shall adjust amounts under subclause (II) as follows: (AA) By reducing the adjustment amount from the highest ranked State under item (aa), until the increase in funds of that State is equal to the increase in funds of the next-highest ranked State. (BB) If the amount reduced under subitem (AA) is less than the full adjustment amount, by reducing the remainder of the adjustment amount from the next-highest ranked State, until the increase in funds of that State is equal to the increase in funds of the next-highest ranked State. (CC) By repeating the process described in subitem (BB) for States in descending order based on the ranking under item (aa) until the full adjustment amount is achieved. (DD) By reallocating the adjustment amount to the States that do not meet the requirement under subclause (II), based on the initial calculation under clause (ii), in order to meet that requirement. ; (2) in subsection (c)(2), by striking and to carry out section 134 and inserting to carry out section 134, and for the off-system bridge program under section 171 ; and (3) in subsection (i)(1), by striking and to carry out section 134 and inserting to carry out section 134, and for the off-system bridge program under section 171 . (c) Surface transportation block grant program Section 133(f) of title 23, United States Code, is amended— (1) by striking the subsection designation and heading and all that follows through the period at the end of paragraph (2)(B); (2) by redesignating paragraph (3) as subsection (f) and indenting appropriately; and (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately. (d) Off-System bridge program (1) In general Chapter 1 of title 23, United States Code, is amended by adding at the end the following: 171. Off-system bridge program (a) In general Subject to subsection (b), each State shall use the amount apportioned to the State under section 104(b)(7) for each fiscal year for the purpose of repairing and maintaining off-system bridges. (b) Waiver The Secretary, after consultation with State and local officials, may waive the requirement under subsection (a) with respect to a State if the Secretary determines that the State has inadequate needs to justify the expenditure. . (2) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: 171. Off-system bridge program. . | https://www.govinfo.gov/content/pkg/BILLS-117s1878is/xml/BILLS-117s1878is.xml |
117-s-1879 | II 117th CONGRESS 1st Session S. 1879 IN THE SENATE OF THE UNITED STATES May 27, 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 require the Secretary of Housing and Urban Development to establish a pilot program for public-private partnerships for disaster mitigation projects, and for other purposes.
1. Short title This Act may be cited as the Strategic Acquisition and Floodplain Efficiency Reform Act or the SAFER Act . 2. Definitions In this Act: (1) Department The term Department means the Department of Housing and Urban Development. (2) Eligible entity The term eligible entity means a private entity with the consent of the local government— (A) in which a project to be carried out by the entity under the Program is located; or (B) that is otherwise affected by a project to be carried out by the entity under the Program. (3) Program The term Program means the pilot program established under section 3. (4) Secretary The term Secretary means the Secretary of Housing and Urban Development. 3. Pilot program (a) In general The Secretary shall establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing eligible entities to carry out pre-disaster mitigation activities, such as property acquisition and relocations, under the Community Development Block Grant Disaster Recovery program authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ). (b) Purposes The purposes of the Program are— (1) to identify cost-saving project delivery alternatives that accelerate the pre-disaster mitigation activities of the Department through the Community Development Block Grant Disaster Recovery program authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); and (2) to evaluate the technical, financial, and organizational benefits of allowing eligible entities to carry out and manage pre-disaster mitigation projects. (c) Subsequent appropriations Any activity undertaken under the Program is authorized only to the extent specifically provided for in subsequent appropriations Acts. (d) Administration In carrying out the Program, the Secretary shall— (1) identify for inclusion in the Program not fewer than 5 pre-disaster mitigation projects; (2) in consultation with the eligible entity associated with each project identified under paragraph (1), develop a detailed project management plan for the project that outlines the scope, estimated Federal direct and indirect cost estimates, financing, budget, and other resource requirements, including any data the eligible entity deems necessary to execute the project; (3) at the request of the eligible entity associated with each project identified under paragraph (1), enter into a project partnership agreement with the eligible entity under which the eligible entity is provided full project management control for the financing and execution (or any combination thereof) of the project, in accordance with plans approved by the Secretary; (4) following execution of a project partnership agreement under paragraph (3), issue payment, in accordance with subsection (h), to the relevant eligible entity for that work; and (5) regularly monitor and audit each project carried out under the Program to ensure that— (A) all activities related to the project are carried out in compliance with plans approved by the Secretary; and (B) activity delivery costs are reasonable. (e) Selection criteria In identifying projects under subsection (d)(1), the Secretary shall consider the extent to which the project— (1) reduces future damages from natural disasters such as hurricanes and extraordinary rainfall events; (2) reduces the number of severe repetitive loss and repetitive loss properties; (3) reduces risk to life and property; (4) provides opportunities to restore lost functions and values of floodplains; (5) promotes opportunities to improve social and environmental justice; and (6) accelerates property acquisitions and relocations to reduce future risk. (f) Detailed project schedule Not later than 180 days after entering into a project partnership agreement under subsection (d)(3), an eligible entity, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule for the relevant project, based on estimated Federal funding levels, that specifies deadlines for each milestone with respect to the project, including— (1) negotiation of buyout contracts; and (2) the acquisition of contracted buyout properties, resulting in the fee simple transfer of title to the State in which the project is carried out or a designee of the State. (g) Source of funds Following execution of a project partnership agreement under subsection (d)(3), and subject to milestones established in that agreement, payments to eligible entities may be made from— (1) amounts appropriated in response to a major disaster declaration under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); and (2) other amounts appropriated to the Secretary, subject to the condition that the total amount transferred to the eligible entity may not exceed the estimate of the Federal cost of the pre-disaster mitigation project. (h) Payment (1) In general Upon meeting the milestones established in the project partnership agreement with an eligible entity under subsection (d)(3), payment to the eligible entity shall be made to cover documented— (A) administrative costs; (B) operational costs; (C) other related direct costs, including acquisition buyout contracting costs; and (D) other related indirect costs, including debt expenses. (2) Escrow account Upon initiation of acquisition buyout closings, the Secretary shall fund a project-specific escrow account administered by the eligible entity to purchase contracted acquisition buyouts. (i) Savings Upon completion of a project under the Program by an eligible entity, if any savings based on the estimated Federal direct and indirect cost estimates are realized by the participation of the eligible entity, the savings shall be equally divided between— (1) the Secretary; and (2) the eligible entity as a return on investment. (j) Identification of impediments (1) In general The Secretary shall— (A) except as provided in paragraph (2), identify any procedural requirements under the authority of the Secretary that impede greater use of public-private partnerships and private investment in pre-disaster mitigation projects; (B) develop and implement, on a project-by-project basis, procedures and approaches that— (i) address such impediments; and (ii) protect the public interest and any public or private investment in pre-disaster mitigation projects that involve public-private partnerships or private investment in pre-disaster mitigation projects; and (iii) not later than 1 year after the date of enactment of this section, issue rules to carry out the procedures and approaches developed under this subparagraph. (2) Rule of construction Nothing in this section shall be construed to allow the Secretary to waive any requirement under— (A) sections 3141 through 3148 and sections 3701 through 3708 of title 40, United States Code; (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (C) any other provision of Federal law. (k) Public benefit assessments (1) In general Before entering into a project partnership agreement with an eligible entity under subsection (d)(3), the Secretary shall conduct an assessment of whether, and provide justification in writing to Congress that, the proposed agreement provides better public and financial benefits than a similar transaction using traditional public funding, financing, or administration. (2) Requirements An assessment under paragraph (1) shall— (A) be completed in a period of not more than 90 days; (B) take into consideration any supporting materials and data submitted by the relevant eligible entity and other stakeholders; and (C) determine whether the proposed project partnership agreement is in the public interest by determining whether the agreement will provide public and financial benefits, including accelerated or expedited project delivery, residual risk reduction, and savings for taxpayers. (l) Applicability of federal law Any provision of Federal law that would apply to the Secretary if the Secretary were carrying out a project shall apply to an eligible entity carrying out a project under the Program. (m) Cost share Nothing in this section shall be construed to affect any cost-sharing requirement under Federal law that is applicable to a project carried out under the Program. (n) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress and make publicly available a report describing the results of the Program, including any recommendations of the Secretary concerning whether the Program or any component of the Program should be implemented across the United States. (o) Authorization of appropriations There is authorized to be appropriated to the Secretary $250,000,000 to carry out the Program, which shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s1879is/xml/BILLS-117s1879is.xml |
117-s-1880 | II 117th CONGRESS 1st Session S. 1880 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Luján (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Federal Trade Commission to submit to Congress a report on unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes, and for other purposes.
1. Short title This Act may be cited as the Protecting Indian Tribes from Scams Act . 2. Protecting Indian Tribes from unfair or deceptive acts or practices (a) FTC report on unfair or deceptive acts or practices targeting Indian Tribes Not later than 1 year after the date of the enactment of this Act, and after consultation with Indian Tribes, the Commission shall make publicly available on the website of the Commission and submit to the appropriate committees of Congress a report on unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes, including— (1) a description of the types of unfair or deceptive acts or practices identified by the Commission as being targeted at Indian Tribes or members of Indian Tribes; (2) a description of the consumer education activities of the Commission with respect to such acts or practices; (3) a description of the efforts of the Commission to collaborate with Indian Tribes to prevent such acts or practices or to pursue persons using such acts or practices; (4) a summary of the enforcement actions taken by the Commission related to such acts or practices; and (5) any recommendations for legislation to prevent such acts or practices. (b) Increasing awareness of unfair or deceptive acts or practices targeting Indian Tribes Not later than 6 months after the date of the submission of the report required by subsection (a), the Commission shall update the website of the Commission to include information for consumers and businesses on identifying and avoiding unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes. (c) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Indian Affairs of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Natural Resources of the House of Representatives. (2) Commission The term Commission means the Federal Trade Commission. (3) Indian Tribe The term Indian Tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). | https://www.govinfo.gov/content/pkg/BILLS-117s1880is/xml/BILLS-117s1880is.xml |
117-s-1881 | II 117th CONGRESS 1st Session S. 1881 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Rosen (for herself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To reauthorize and improve a grant program to assist institutions of higher education in establishing, maintaining, improving, and operating Student Veteran Centers.
1. Short title This Act may be cited as the Veteran Education Empowerment Act . 2. Findings Congress finds the following: (1) More than 1,000,000 veterans attend institutions of higher education each year. (2) Veterans face unique challenges in transitioning from the battlefield to the classroom and eventually to the workforce, including: age differences, family obligations, significant time away from academic life, and service-related disabilities. (3) The National Education Association found that student veterans can feel lonely and vulnerable on campus and that connecting student veterans can effectively ease this isolation by bringing together new student veterans with those who have already successfully navigated the first few semesters of college. (4) According to Mission United—a United Way program that helps veterans re-acclimate to civilian life—it is often essential for student veterans to be mentored by another veteran who understands their mindset and experience . (5) Student Veteran Centers are recognized as an institutional best practice by Student Veterans of America. (6) The American Council on Education, which represents more than 1,700 institutions of higher education across the United States, has called having a dedicated space for veterans on campus a promising way for colleges and universities to better serve veterans on campus and a critical component of many colleges’ efforts to serve their student veterans. (7) The Department of Education included as one of its 8 Keys to Veterans’ Success that colleges and universities should coordinate and centralize campus efforts for all veterans, together with the creation of a designated space for them . (8) Budget constraints often make it difficult or impossible for institutions of higher education to dedicate space to veteran offices, lounges, or student centers. (9) The 110th Congress authorized the funding of Student Veteran Centers through the Centers of Excellence for Veteran Student Success under part T of title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161t ). Congress also chose to appropriate funding for this program for fiscal year 2015 under the Consolidated and Further Continuing Appropriations Act, 2015 ( Public Law 113–235 ). (10) According to the Department of Education, federally funded Student Veteran Centers and staff have generated improved recruitment, retention, and graduation rates, have helped student veterans feel better connected across campus, and have directly contributed to the successful academic outcomes of student veterans. 3. Grant program to establish, maintain, and improve Student Veteran Centers Part T of title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161t ) is amended to read as follows: T Grants for Student Veteran Centers 873. Grants for Student Veteran Centers (a) Grants authorized Subject to the availability of appropriations under subsection (h) , the Secretary shall award grants to institutions of higher education or consortia of institutions of higher education to assist in the establishment, maintenance, improvement, and operation of Student Veteran Centers. (b) Eligibility (1) Application An institution or consortium seeking a grant under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Criteria The Secretary may award a grant under subsection (a) to an institution or a consortium if the institution or consortium meets each of the following criteria: (A) The institution or consortium enrolls in undergraduate or graduate courses— (i) a significant number of student veterans, members of the Armed Forces serving on active duty, or members of a reserve component of the Armed Forces; or (ii) a significant percentage of student veterans, members of the Armed Forces serving on active duty, or members of a reserve component of the Armed Forces, as measured by comparing, for the most recent academic year for which data are available, the number or percentage of student veterans, members of the Armed Forces serving on active duty, and members of a reserve component of the Armed Forces who are enrolled in undergraduate or graduate courses at the institution or consortium, with the average number or percentage of student veterans, members of the Armed Forces serving on active duty, and members of a reserve component of the Armed Forces who were enrolled in undergraduate or graduate courses at comparable institutions or consortia of institutions. (B) The institution or consortium presents a sustainability plan to demonstrate that the Student Veteran Center will be maintained and will continue to operate after the grant period has ended. (3) Selection criteria In awarding grants under subsection (a) , the Secretary shall provide the following: (A) Priority consideration to institutions or consortia that meet one or more of the following criteria: (i) The institution or consortium is located in a region or community that has a significant population of veterans. (ii) The institution or consortium considers the need to serve student veterans at a wide range of institutions of higher education, including the need to provide equitable distribution of grants to institutions of various sizes, geographic locations, and institutions in urban and rural areas. (iii) The institution or consortium carries out programs or activities that assist veterans in the local community, and the spouses or partners and children of student veterans. (iv) The institution or consortium partners in its veteran-specific programming with nonprofit veteran service organizations, local workforce development organizations, or other institutions of higher education. (v) The institution or consortium commits to hiring a staff at the Student Veteran Center that includes veterans (including student veteran volunteers and student veterans participating in a Federal work-study program under part C of title IV, a work-study program administered by the Secretary of Veteran Affairs, or a State work-study program). (vi) The institution or consortium commits to providing an orientation for student veterans that— (I) is separate from the new student orientation provided by the institution or consortium; and (II) provides student veterans with information on the benefits and resources available to such students at or through the institution or consortium. (vii) The institution or consortium commits to using a portion of the grant received under this section to develop or maintain a student veteran retention program carried out by the Student Veteran Center. (viii) The institution or consortium commits to providing mental health counseling to its student veterans (and the spouses or partners and children of such students). (B) Equitable distribution of such grants to institutions or consortia of various sizes, geographic locations, and in urban and rural areas. (c) Use of funds (1) In general An institution or consortium that is awarded a grant under subsection (a) shall use such grant to establish, maintain, improve, or operate a Student Veteran Center. (2) Other allowable uses An institution or consortium receiving a grant under subsection (a) may use a portion of such grant to carry out supportive instruction services for student veterans, including— (A) assistance with special admissions and transfer of credit from previous postsecondary education or experience; and (B) any other support services the institution or consortium determines to be necessary to ensure the success of student veterans in achieving education and career goals. (d) Amounts awarded (1) Duration Each grant awarded under subsection (a) shall be for a 4-year period. (2) Total amount of grant and schedule Each grant awarded under subsection (a) may not exceed a total of $500,000. The Secretary shall disburse to an institution or consortium the amount awarded under the grant in such amounts and at such times during the grant period as the Secretary determines appropriate. (e) Report From the amounts appropriated to carry out this section, and not later than 3 years after the date on which the first grant is awarded under subsection (a) , the Secretary shall submit to Congress a report on the grant program established under subsection (a) , including— (1) the number of grants awarded; (2) the institutions of higher education and consortia that have received grants; (3) with respect to each such institution of higher education and consortium— (A) the amounts awarded; (B) how such institution or consortium used such amounts; (C) a description of the demographics of student veterans (and spouses or partners and children of such students) to whom services were offered as a result of the award, including students that are women and belong to minority groups; (D) the number of student veterans (and spouses or partners and children of such students) to whom services were offered as a result of the award, and a description of the services that were offered and provided; and (E) data enumerating whether the use of the amounts awarded helped student veterans at the institution or consortium toward completion of a degree, certificate, or credential; (4) best practices for student veteran success, identified by reviewing data provided by institutions and consortia that received a grant under this section; and (5) a determination by the Secretary with respect to whether the grant program under this section should be extended or expanded. (f) Department of Education best practices website Subject to the availability of appropriations under subsection (h) and not later than 3 years after the date on which the first grant is awarded under subsection (a) , the Secretary shall develop and implement a website for Student Veteran Centers at institutions of higher education, which details best practices for serving student veterans at institutions of higher education. (g) Definitions In this section: (1) Institution of higher education The term institution of higher education has the meaning given the term in section 101. (2) Student Veteran Center The term Student Veteran Center means a dedicated space on a campus of an institution of higher education that provides students who are veterans, members of the Armed Forces serving on active duty, or members of a reserve component of the Armed Forces with the following: (A) A lounge or meeting space for such student veterans (and the spouses or partners and children of such students), and veterans in the community. (B) A centralized office for student veteran services that— (i) is a single point of contact to coordinate comprehensive support services for student veterans; (ii) is staffed by trained employees and volunteers, which includes veterans and at least one full-time employee or volunteer who is trained as a veterans’ benefits counselor; (iii) provides student veterans with assistance relating to— (I) transitioning from the military to student life; (II) transitioning from the military to the civilian workforce; (III) networking with other student veterans and veterans in the community; (IV) understanding and obtaining benefits provided by the institution of higher education, Federal Government, and State for which such students may be eligible; (V) understanding how to succeed in the institution of higher education, including by understanding academic policies, the course selection process, and institutional policies and practices related to the transfer of academic credits; and (VI) understanding disability-related rights and protections under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (iv) provides comprehensive academic and tutoring services for student veterans, including peer-to-peer tutoring and academic mentorship. (h) Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2022 and each of the 7 succeeding fiscal years. . | https://www.govinfo.gov/content/pkg/BILLS-117s1881is/xml/BILLS-117s1881is.xml |
117-s-1882 | II 117th CONGRESS 1st Session S. 1882 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Blumenthal (for himself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal, collectively, to all Gold Star Families in recognition of their sacrifice and service to the United States.
1. Short title This Act may be cited as the Gold Star Families Congressional Gold Medal Act of 2021 . 2. Findings Congress finds the following: (1) The fortitude of Gold Star Families in the midst of tragedy strengthen the resolve of the United States. (2) Since World War I, military families have used Gold Stars to memorialize their family member’s sacrifice on behalf of the country, represent the devotion and pride of the family in this sacrifice, and glorify rather than grieve their military service. (3) Gold Stars were first used by military families during World War I. (4) When a family member passed away during their service, families would place a Gold Star on their Service Flag to represent the sacrifice the family had paid in the cause of freedom. (5) On May 28, 1918, President Wilson approved a suggestion made by the Women’s Committee of the Council of National Defenses that, instead of wearing conventional mourning garb for relatives who passed away during their military service, women would wear a black band with a gilt star on their left arm to signify each member of the family who gave their life for the United States. (6) In 1928, 25 mothers of fallen servicemembers worked together to establish a national organization to support those who had lost their children during the war, which was known as the American Gold Star Mothers Inc. and officially incorporated in January 1929. (7) Since September 1936, the United States has observed various recognized dates to support Gold Star Families and honor the legacy of fallen heroes who have made the ultimate sacrifice. (8) In 1945, Eleanor Roosevelt helped to establish Gold Star Wives of America, Inc., a national organization to support the families left behind by the fallen members and veterans of the Armed Forces who died on active duty or as a result of a service-connected disability. (9) In August 1947, Congress authorized the issuance of gold star lapel pins to families who lost a loved one in combat. (10) The extraordinary contribution of Gold Star Families is beyond measure, not merely for their loss, but the comfort they selflessly provide others and their model of service and sacrifice. (11) Through their service, Gold Star Families keep alive the spirit of patriotism and love of country and promote peace and good will for the United States and all other countries. (12) Gold Star Families continue to perpetuate the memory of those who fought and died on behalf of the United States. (13) Gold Star Families embody the purpose of the Congressional Gold Medal of honoring distinguished contributions, recognizing virtues of patriotism, and remembering momentous occasions in history. 3. Definitions In this Act, the term Gold Star Family includes any individual described in section 3.2 of Department of Defense Instruction 1348.36. 4. Congressional Gold Medal (a) Award authorized The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to all Gold Star Families in recognition of their dedication, contributions, and sacrifice to the United States. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian institution (1) In general Following the award of the gold medal in honor of Gold Star Families, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with Gold Star Families. (d) Duplicate medals (1) In general Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. (2) Proceeds of sales The amounts received from the sale of duplicate medals under paragraph (1) shall be deposited in the United States Mint Public Enterprise Fund. 5. Status of medals (a) National medals Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. | https://www.govinfo.gov/content/pkg/BILLS-117s1882is/xml/BILLS-117s1882is.xml |
117-s-1883 | II 117th CONGRESS 1st Session S. 1883 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Blumenthal (for himself 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 provide for the issuance of a Gold Star Families Forever Stamp to honor the sacrifices of families who have lost a loved one who was a member of the Armed Forces in combat.
1. Gold Star Families Forever Stamp (a) Findings Congress finds that— (1) Gold Star families are true national heroes, who deserve our deepest gratitude and respect; and (2) the extraordinary contribution of Gold Star families is beyond measure, not merely for their loss, but also for the comfort they selflessly provide others and their model of service and sacrifice. (b) Issuance of forever stamp In order to continue to honor the sacrifices of families who have lost a loved one who was a member of the Armed Forces in combat, the Postmaster General shall provide for the issuance of a forever stamp suitable for that purpose. (c) Forever stamp defined In this section, the term forever stamp means a definitive stamp that— (1) meets the postage required for first-class mail up to 1 ounce in weight; and (2) retains full validity for the purpose described in paragraph (1) even if the rate of that postage is later increased. (d) Effective date The stamp described in subsection (b) shall be issued beginning as soon as practicable after the date of enactment of this Act and shall not thereafter be discontinued. | https://www.govinfo.gov/content/pkg/BILLS-117s1883is/xml/BILLS-117s1883is.xml |
117-s-1884 | II 117th CONGRESS 1st Session S. 1884 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Rosen (for herself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To ensure that fixed broadband internet access service assisted by any Federal broadband support program meets a minimum level of service.
1. Short title This Act may be cited as the Broadband Parity Act of 2021 . 2. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Federal broadband support program The term Federal broadband support program means any of the following programs (or any other similar Federal program) to the extent the program offers fixed broadband internet access service or programs for promoting access to and adoption of fixed broadband internet access service for various demographic communities through various media for residential, commercial, or community providers, or academic establishments: (A) The Telecommunications and Technology Program of the Appalachian Regional Commission. (B) The following programs of the Rural Utilities Service of the Department of Agriculture: (i) The Telecommunications Infrastructure Loan and Loan Guarantee Program established under the Rural Electrification Act of 1936 ( 7 U.S.C. 901 et seq. ). (ii) Any program to provide grants, loans, or loan guarantees under sections 601 through 603 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb et seq. ). (iii) The substantially underserved trust area initiative under section 306F of the Rural Electrification Act of 1936 ( 7 U.S.C. 936f ). (iv) The Community Connect Grant Program established under section 604 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb–3 ). (v) The distance learning and telemedicine grant program established under chapter 1 of subtitle D of title XXII of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 950aaa et seq. ). (C) The following programs of the Economic Development Administration of the Department of Commerce: (i) The Public Works and Economic Adjustment Assistance Programs. (ii) The Planning and Local Technical Assistance Programs. (D) The following programs of the Department of Housing and Urban Development: (i) The Community Development Block Grant Program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ). (ii) The loan guarantee program under section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 ) (commonly known as the Section 108 Loan Guarantee Program ). (iii) Assistance from the Public Housing Capital Fund established under section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ). (iv) Assistance from the Public Housing Operating Fund established under section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) ). (v) The Multifamily Housing Programs. (vi) The Indian Community Development Block Grant Program. (vii) The Indian Housing Block Grant Program under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ). (viii) Loan guarantees under title VI of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4191 et seq. ) (commonly known as the Title VI Loan Guarantee Program ). (ix) The Choice Neighborhoods Initiative. (x) The HOME Investment Partnerships Program authorized under title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12721 et seq. ). (xi) The Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ). (xii) The Housing Opportunities for Persons With AIDS Program authorized under the AIDS Housing Opportunity Act ( 42 U.S.C. 12901 et seq. ). (E) The American Job Centers of the Employment and Training Administration of the Department of Labor. (F) The Library Services and Technology Grant Programs of the Institute of Museum and Library Services. (G) Any Universal Service Fund high-cost program authorized to help deploy fixed broadband internet access service. (H) The following programs of the Department of the Treasury: (i) The Coronavirus State Fiscal Recovery Fund under section 602 of the Social Security Act, as added by section 9901(a) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (ii) The Coronavirus Local Fiscal Recovery Fund under section 603 of the Social Security Act, as added by section 9901(a) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (iii) The Coronavirus Capital Projects Fund under section 604 of the Social Security Act, as added by section 9901(a) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (3) Universal Service Fund high-cost program The term Universal Service Fund high-cost program has the meaning given the term in section 903 of division FF of the Consolidated Appropriations Act, 2021 ( 47 U.S.C. 1307 ). 3. Universal minimum level of service for federally supported fixed broadband (a) Rulemaking Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission, in consultation with the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Housing and Urban Development, and the head of each other agency that provides assistance under a Federal broadband support program, shall conduct a rulemaking to establish a minimum level of service for fixed broadband internet access service assisted by a Federal broadband support program to ensure that such service can support— (1) virtual learning; (2) telehealth services; and (3) telework. (b) Minimum level of service The minimum level of service established under subsection (a) shall, in a technology-neutral manner, include— (1) a minimum download speed; (2) a minimum upload speed; and (3) a maximum latency. (c) Requirement (1) In general Except as provided in paragraph (2), subject to subsection (e), and notwithstanding any other provision of law, an agency may not provide assistance under a Federal broadband support program unless the fixed broadband internet access service to be assisted meets or exceeds, or will meet or exceed when deployed, the minimum level of service established under subsection (a) that was in effect on the date on which the agency made the determination to provide the assistance. (2) Infeasibility Paragraph (1) shall not apply if the agency providing assistance determines that the provision of fixed broadband internet access service that meets or exceeds the minimum level of service described in that paragraph is infeasible. (d) Technical and conforming amendment Section 601(e) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(e) ) is amended— (1) in paragraph (1), by striking at least— and all that follows through the period at the end of subparagraph (B) and inserting not less than the minimum level of service established under section 3(a) of the Broadband Parity Act of 2021 . ; and (2) in paragraph (2), by inserting , subject to the condition that the minimum acceptable level of broadband service, as adjusted under this paragraph, may not be less than the minimum level of service described in paragraph (1) before the period at the end. (e) Prospective applicability This section and the amendments made by this section— (1) shall apply to any determination of an agency to provide assistance under a Federal broadband support program that is made on or after the date of enactment of this Act; and (2) shall not affect any award of assistance made under a Federal broadband support program before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1884is/xml/BILLS-117s1884is.xml |
117-s-1885 | II 117th CONGRESS 1st Session S. 1885 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Thune (for himself, Ms. Hassan , Mr. Moran , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide funds to assess the availability, accelerate the deployment, and improve the sustainability of advanced communications services and communications infrastructure in rural America, and for other purposes.
1. Short title This Act may be cited as the Rural Connectivity Advancement Program Act of 2021 . 2. Deposit of spectrum auction proceeds in Rural Broadband Assessment and Deployment Fund Section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) ) is amended— (1) in subparagraph (A), by striking and (G) and inserting (G), and (H) ; and (2) by adding at the end the following: (H) Certain proceeds designated for Rural Broadband Assessment and Deployment Fund (i) Assessment and deployment set-aside Notwithstanding subparagraph (A), and except as provided in subparagraphs (B), (D), (E), (F), and (G), 10 percent of the net proceeds from each use of a system of competitive bidding under this subsection that is mandated by an Act of Congress and that begins on or after the date of enactment of the Rural Connectivity Advancement Program Act of 2021 shall be deposited in the Rural Broadband Assessment and Deployment Fund established under section 3 of that Act. (ii) Definition For purposes of this subparagraph, the term net proceeds , with respect to the use of a system of competitive bidding, means the proceeds remaining after subtracting all auction-related expenditures, including— (I) relocation payments, including accelerated relocation payments; (II) payments to incumbent licensees for the relinquishment of all or a portion of the spectrum usage rights of those licensees; (III) costs associated with the reallocation of spectrum, whether on an exclusive or shared use basis; (IV) relocation or sharing costs, including for planning for relocation or sharing; and (V) bidding credits. . 3. Direction and use of Rural Broadband Assessment and Deployment Fund proceeds (a) Definitions In this section— (1) the term Commission means the Federal Communications Commission; (2) the term high-cost programs means— (A) the program for Universal Service Support for High-Cost Areas set forth under subpart D of part 54 of title 47, Code of Federal Regulations, or any successor regulations; (B) the Rural Digital Opportunity Fund set forth under subpart J of part 54 of title 47, Code of Federal Regulations, or any successor regulations; (C) the Interstate Common Line Support Mechanism for Rate-of-Return Carriers set forth under subpart K of part 54 of title 47, Code of Federal Regulations, or any successor regulations; (D) the Mobility Fund set forth under subpart L of part 54 of title 47, Code of Federal Regulations, or any successor regulations; (E) the High Cost Loop Support for Rate-of-Return Carriers program set forth under subpart M of part 54 of title 47, Code of Federal Regulations, or any successor regulations; (F) the Uniendo a Puerto Rico Fund and the Connect USVI Fund set forth under subpart O of part 54 of title 47, Code of Federal Regulations, or any successor regulations; and (G) the Rural Broadband Experiments, as established by the Commission under part 54 of title 47, Code of Federal Regulations; (3) the term net proceeds has the meaning given the term in subparagraph (H) of section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) ), as added by section 2 of this Act; and (4) the term Rural Broadband Assessment and Deployment Fund means the fund established under subsection (b). (b) Establishment of fund There is established in the Treasury of the United States a fund to be known as the Rural Broadband Assessment and Deployment Fund . (c) Borrowing authority (1) In general With respect to any auction described in subparagraph (H)(i) of section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) ), as added by section 2 of this Act, on or after the date on which the Commission makes a final determination of the amount of net proceeds that will be deposited in the Rural Broadband Assessment and Deployment Fund under such subparagraph (H)(i) as a result of that auction, the Commission may borrow not more than that amount from the Treasury of the United States. (2) Reimbursement The Commission shall reimburse the general fund of the Treasury, without interest, for any amounts borrowed under paragraph (1) as funds are deposited into the Rural Broadband Assessment and Deployment Fund. (d) Availability of amounts Any amounts borrowed under subsection (c)(1) and any amounts in the Rural Broadband Assessment and Deployment Fund that are not necessary for reimbursement of the general fund of the Treasury for such borrowed amounts shall be available to the Commission for use in accordance with subsection (e). (e) Use of amounts (1) Establishment of program or programs The Commission shall use the amounts made available under subsection (d) to establish 1 or more programs that are separate from, but are coordinated with and complement, the high-cost programs to address— (A) gaps that remain in broadband internet access service coverage in high-cost rural areas despite the operations of the high-cost programs; and (B) shortfalls in sufficient funding of the high-cost programs that could adversely affect the sustainability of services or reasonable comparability of rates that are supported by those programs. (2) Purposes In carrying out paragraph (1), the Commission shall use amounts made available under subsection (d) in an efficient and cost-effective manner only— (A) for the assessment of, and to provide subsidies in a technology-neutral manner through a competitive process (subject to weighting preferences for performance quality and other service metrics as the Commission may find appropriate) to providers for support of, deployment of broadband-capable infrastructure in high-cost rural areas that the Commission determines are unserved by fixed terrestrial broadband internet access service at a download speed of not less than 25 megabits per second and an upload speed of not less than 3 megabits per second (or such higher speed as the Commission may determine appropriate based upon an evolving definition of universal service); and (B) to assess, and provide subsidies to providers to enable providers to sustain, broadband internet access service in any rural area in which— (i) not more than 1 provider of fixed terrestrial broadband internet access service operates; and (ii) the high-cost nature of the area precludes the offering of voice service and broadband internet access service at rates and performance levels available in urban areas as determined by the Urban Rate Survey conducted by the Commission. (3) Tribal considerations In distributing amounts under this subsection, the Commission shall consider the broadband internet access service needs of residents of Tribal lands (as defined in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation). (4) Limitations (A) Prohibition on funding other programs (i) In general The Commission may not use amounts made available under subsection (d) to fund any program that was not established by the Commission under paragraph (1) of this subsection, including any program established under section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ) in effect on the date of enactment of this Act, except for using the Universal Service Administrative Company to administer funding. (ii) Rule of construction Nothing in clause (i) shall be construed to prohibit the Commission from using amounts made available under subsection (d) to supplement the provision of support under the high-cost programs, as authorized under paragraph (1)(B) of this subsection. (B) Transparency and accountability for addressing gaps in coverage The Commission shall establish transparency and accountability requirements for amounts made available for the purpose set forth in paragraph (1)(A) that, at a minimum— (i) provide— (I) a process for challenging any initial determination by the Commission regarding whether an area is served or unserved; and (II) written public notice on the website of the Commission of— (aa) how each challenge under subparagraph (I) was decided; and (bb) the reasons of the Commission for each decision; (ii) establish broadband service buildout milestones and require periodic certification by funding recipients to ensure compliance with the broadband service buildout milestones; (iii) establish a maximum buildout timeframe of 4 years beginning on the date on which funding is provided to a funding recipient; (iv) establish periodic reporting requirements for funding recipients that identify, at a minimum, the speed of, and technology used for, the service provided in each area where funding is provided; (v) establish standard penalties for noncompliance with the requirements established under this subparagraph and as may be further prescribed by the Commission; (vi) establish procedures for recovery of funds, in whole or in part, from funding recipients in the event of default or noncompliance with the requirements established under this subparagraph and as may be further prescribed by the Commission; and (vii) require a funding recipient to— (I) offer voice service and broadband internet access service; and (II) permit a consumer to subscribe to one type of service described in subclause (I) or both types. (C) Transparency and accountability for addressing shortfalls in funding The Commission shall establish transparency and accountability requirements for amounts made available for the purpose set forth in subparagraph (1)(B) that, at a minimum— (i) establish periodic reporting and certification requirements for funding recipients to ensure that the funding results in the offering of voice service and broadband internet access service at reasonably comparable rates and performance levels; (ii) establish standard penalties for noncompliance with the requirements established under this subparagraph and as may be further prescribed by the Commission; (iii) establish procedures for recovery of funds, in whole or in part, from funding recipients in the event of default or noncompliance with the requirements established under this subparagraph and as may be further prescribed by the Commission; and (iv) require a funding recipient to— (I) offer voice service and broadband internet access service; and (II) permit a consumer to subscribe to one type of service described in subclause (I) or both types. (f) Reports (1) Annual auction proceeds deployment report Not later than 270 days after the date of enactment of this Act, and not less frequently than annually thereafter until all amounts have been distributed, the Commission shall publish and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the distribution of amounts made available under subsection (d). (2) Auction-specific deposit reports Not later than 30 days after the date on which the Commission announces the results of an auction described in subparagraph (H)(i) of section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) ), as added by section 2 of this Act, the Commission shall publish and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that estimates the amount of net proceeds that will be deposited in the Rural Broadband Assessment and Deployment Fund under that subparagraph as a result of that auction. | https://www.govinfo.gov/content/pkg/BILLS-117s1885is/xml/BILLS-117s1885is.xml |
117-s-1886 | II 117th CONGRESS 1st Session S. 1886 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Klobuchar (for herself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support the establishment of an apprenticeship college consortium.
1. Short title This Act may be cited as the Apprenticeships to College Act . 2. Apprenticeship college consortium (a) In general Not later than 1 year after the date of enactment of this Act, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary of Labor shall— (1) enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and (2) submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, such agreement and any modifications to such agreement. (b) Apprenticeship college consortium In order to support the establishment of a college consortium of postsecondary educational institutions, related instruction providers, sponsors, qualified intermediaries, and employers (referred to in this Act as the Registered Apprenticeship College Consortium ) for the purposes of promoting stronger connections between programs under the national apprenticeship system and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a) shall include a description of how the Secretaries will— (1) support data sharing systems that align education records and records of programs under the national apprenticeship system regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) enroll in, or complete, postsecondary coursework while participating in a program under such system; (2) provide guidance on how to align eligible funding from, planning processes for, and the requirements of, the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), and the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) with this Act; (3) require all participants of the Registered Apprenticeship College Consortium to enter into agreements to— (A) have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution; (B) create or expand the awarding and articulation of academic credit for related instruction completed and credentials awarded to program participants as part of a program under the national apprenticeship system; and (C) support the creation or expansion of electronic transcripts for apprenticeship programs and all academic content, including related instruction and on-the-job training; (4) provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51 et seq. ), for related instruction for programs under the national apprenticeship system; (5) provide to Registered Apprenticeship College Consortium participants or potential participants information regarding— (A) a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the Registered Apprenticeship College Consortium; (B) information on how to develop an apprenticeship program; (C) information on Federal, State, and local financial resources available to assist with the establishment and implementation of apprenticeship programs; and (D) information on related qualified intermediaries or industry or sector partnerships supporting apprenticeship programs, as applicable; and (6) support information regarding the Registered Apprenticeship College Consortium being made available on a publicly accessible website, including— (A) a list of participating members of the Registered Apprenticeship College Consortium, apprenticeship programs provided, credentials awarded with each program, and available apprenticeable occupations; and (B) models of articulation agreements, prior learning assessments, and competency-based curriculum for related instruction for illustrative purposes. (c) Limitations Nothing in this Act— (1) shall require an institution of higher education to participate in the Registered Apprenticeship College Consortium; and (2) shall require an apprenticeship sponsor to participate in the Registered Apprenticeship College Consortium. | https://www.govinfo.gov/content/pkg/BILLS-117s1886is/xml/BILLS-117s1886is.xml |
117-s-1887 | II 117th CONGRESS 1st Session S. 1887 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Blumenthal (for himself, Ms. Hassan , Mrs. Shaheen , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title 4 of the United States Code to limit the extent to which States may tax the compensation earned by nonresident telecommuters and other multi-State workers.
1. Short title This Act may be cited as the Multi-State Worker Tax Fairness Act of 2021 . 2. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers (a) In general Chapter 4 of title 4, United States Code, is amended by adding at the end the following: 127. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers (a) In general In applying its income tax laws to the compensation of a nonresident individual, a State may deem such nonresident individual to be present in or working in such State for any period of time only if such nonresident individual is physically present in such State for such period and such State may not impose nonresident income taxes on such compensation with respect to any period of time when such nonresident individual is physically present in another State. (b) Determination of physical presence For purposes of determining physical presence, no State may deem a nonresident individual to be present in or working in such State on the grounds that— (1) such nonresident individual is present at or working at home for convenience, or (2) such nonresident individual’s work at home or office at home fails any convenience of the employer test or any similar test. (c) Determination of periods of time with respect to which compensation is paid For purposes of determining the periods of time with respect to which compensation is paid, no State may deem a period of time during which a nonresident individual is physically present in another State and performing certain tasks in such other State to be— (1) time that is not normal work time unless such individual’s employer deems such period to be time that is not normal work time, (2) nonworking time unless such individual’s employer deems such period to be nonworking time, or (3) time with respect to which no compensation is paid unless such individual’s employer deems such period to be time with respect to which no compensation is paid. (d) Definitions As used in this section— (1) Compensation The term compensation means the salary, wages, or other remuneration earned by an individual for personal services performed as an employee or as an independent contractor. (2) Employee The term employee means an employee as defined by the State in which the nonresident individual is physically present and performing personal services for compensation. (3) Employer The term employer means the person having control of the payment of an individual’s compensation. (4) Income tax The term income tax has the meaning given such term by section 110(c). (5) Income tax laws The term income tax laws includes any statutes, regulations, administrative practices, administrative interpretations, and judicial decisions. (6) Nonresident individual The term nonresident individual means an individual who is not a resident of the State applying its income tax laws to such individual. (7) State The term State means each of the several States (or any subdivision thereof), the District of Columbia, and any territory or possession of the United States. (e) No inference Nothing in this section shall be construed as bearing on— (1) any tax laws other than income tax laws, (2) the taxation of corporations, partnerships, trusts, estates, limited liability companies, or other entities, organizations, or persons other than nonresident individuals in their capacities as employees or independent contractors, (3) the taxation of individuals in their capacities as shareholders, partners, trust and estate beneficiaries, members or managers of limited liability companies, or in any similar capacities, and (4) the income taxation of dividends, interest, annuities, rents, royalties, or other forms of unearned income. . (b) Clerical amendment The table of sections of such chapter 4 is amended by adding at the end the following new item: 127. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1887is/xml/BILLS-117s1887is.xml |
117-s-1888 | II 117th CONGRESS 1st Session S. 1888 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Booker (for himself and Mr. Portman ) 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 include certain Federal positions within the definition of law enforcement officer for retirement purposes, and for other purposes.
1. Short title This Act may be cited as the Law Enforcement Officers Equity Act . 2. Including certain positions within the definition of law enforcement officer for purposes of retirement (a) Federal Employees Retirement System Section 8401(17) of title 5, United States Code, is amended— (1) in subparagraph (C)— (A) by striking subparagraph (A) and (B) and inserting subparagraphs (A), (B), (E), (F), (G), (H), and (I) ; and (B) by striking and at the end; and (2) by adding at the end the following: (E) an employee not otherwise covered by this paragraph— (i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and (ii) who is authorized to carry a firearm; (F) an employee of the Internal Revenue Service, the duties of whose position are primarily the— (i) collection of delinquent taxes; and (ii) securing of delinquent returns; (G) an employee of the United States Postal Inspection Service; (H) an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38; and (I) an employee of U.S. Customs and Border Protection— (i) who is a seized property specialist in the GS–1801 job series; and (ii) the duties of whose position include activities relating to the efficient and effective custody, management, and disposition of seized and forfeited property; . (b) Civil Service Retirement System Section 8331(20) of title 5, United States Code, is amended, in the matter preceding subparagraph (A)— (1) by inserting and an individual described in any of subparagraphs (E) through (I) of section 8401(17) after United States ; and (2) by striking this activity and inserting such activity or described in any such subparagraph . (c) Application The amendments made by this section shall apply to any— (1) individual who is appointed as a law enforcement officer— (A) as defined in section 8331(20) or 8401(17) of title 5, United States Code (as amended by this section); and (B) on or after the date of enactment of this Act; and (2) incumbent (as defined in section 3(a)(4)), consistent with the requirements of section 3. 3. Incumbent law enforcement officers (a) Definitions In this section— (1) the term Director means the Director of the Office of Personnel Management; (2) the term employee has the meaning given the term in section 8331(1) or 8401(11) of title 5, United States Code; (3) the term Fund means the Civil Service Retirement and Disability Fund; (4) the term incumbent means an individual who— (A) before the date of enactment of this Act, was appointed to a position as an employee that— (i) did not satisfy the requirements of section 8331(20) or 8401(17) of title 5, United States Code, as then in effect; and (ii) would have satisfied the requirements described in clause (i) if the amendments made by section 2 had been in effect; and (B) on the date of enactment of this Act, is serving in a position as an employee that satisfies the requirements of section 8331(20) of title 5, United States Code, by virtue of the amendments made by section 2; (5) the term law enforcement officer has the meaning given the term in section 8331(20) or 8401(17) of title 5, United States Code, as amended by section 2; (6) the term prior service means, with respect to an incumbent who makes an election under subsection (b)(2), service performed by the incumbent before the date on which appropriate retirement deductions begin to be made under the election; and (7) the term service means service performed by an individual in a position that— (A) satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code, as amended by section 2; or (B) would have satisfied the requirements of section 8331(20) or 8401(17) of title 5, United States Code, as amended by section 2, if the amendments made by section 2 had then been in effect. (b) Treatment of service performed by incumbents (1) Service on or after date of enactment Service performed by an incumbent on or after the date of enactment of this Act shall be treated as service performed as a law enforcement officer. (2) Service before date of enactment Service performed by an incumbent before the date of enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, be treated as service performed as a law enforcement officer only if the incumbent submits a written election to the Director by the earlier of— (A) the date that is 5 years after the date of enactment of this Act; or (B) the day before the date on which the incumbent separates from the service. (c) Individual contributions for prior service (1) In general An incumbent who makes an election under subsection (b)(2) may, with respect to prior service performed by the incumbent, pay a deposit into the Fund equal to the sum of— (A) the difference between— (i) the amount that would have been deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code, from the pay of the incumbent if the amendments made by section 2 had been in effect during the prior service; and (ii) the amount that was deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed under— (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Effect of not contributing If an incumbent does not pay the full amount of the deposit described in paragraph (1)— (A) all prior service of the incumbent shall remain fully creditable as a law enforcement officer; and (B) the resulting annuity shall be reduced— (i) in a manner similar to that described in section 8334(d)(2) of title 5, United States Code; and (ii) to the extent necessary to make up the amount unpaid. (d) Government contributions for prior service (1) In general If an incumbent makes an election under subsection (b)(2), an agency that employed the incumbent during any prior service of the incumbent shall remit to the Director, for deposit in the Fund, an amount equal to the sum of— (A) the difference between— (i) the total amount of Government contributions that would have been paid under section 8334 or 8423 of title 5, United States Code, if the amendments made by section 2 had been in effect during the prior service; and (ii) the total amount of Government contributions paid under section 8334 or 8423 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed in accordance with— (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Contributions to be made ratably Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (not less frequently than annually) over the 10-year period beginning on the date described in subsection (a)(6). (e) Exemption from mandatory separation Notwithstanding section 8335(b) or 8425(b) of title 5, United States Code, a law enforcement officer shall not be subject to mandatory separation during the 3-year period beginning on the date of enactment of this Act. (f) Regulations The Director shall prescribe regulations to carry out this Act, including regulations for the application of this section in the case of any individual entitled to a survivor annuity (based on the service of an incumbent who dies before making an election under subsection (b)(2)), to the extent of any rights that would have been available to the decedent if still living. (g) Rule of construction Nothing in this section shall be considered to apply in the case of a reemployed annuitant. | https://www.govinfo.gov/content/pkg/BILLS-117s1888is/xml/BILLS-117s1888is.xml |
117-s-1889 | II 117th CONGRESS 1st Session S. 1889 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Burr (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish an exception to the penalty on early distributions from qualified plans for individuals diagnosed with certain terminal illnesses.
1. Short title This Act may be cited as the Kathryn Manginelli Act of 2021 or the Compassionate Retirement Act of 2021 . 2. Exception to penalty on early distributions from qualified plans for individuals with a terminal illness (a) In general Section 72(t)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (I) Terminal illness (i) In general Distributions which are made to the employee who is a terminally ill individual on or after the date on which such employee has been certified by a physician as having a terminal illness. (ii) Definition For purposes of this subparagraph, the term terminally ill individual has the same meaning given such term under section 101(g)(4)(A), except that 84 months shall be substituted for 24 months . (iii) Documentation For purposes of this subparagraph, an employee shall not be considered to be a terminally ill individual unless such employee furnishes sufficient evidence in such form and manner as the Secretary may require. . (b) Effective date The amendment made by this section shall apply to distributions after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1889is/xml/BILLS-117s1889is.xml |
117-s-1890 | II 117th CONGRESS 1st Session S. 1890 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Klobuchar (for herself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Trade Commission to conduct a study on scams that target travelers during the COVID–19 pandemic, and for other purposes.
1. Short title This Act may be cited as the Protecting Consumers from Travel Fraud Act . 2. FTC study on travel fraud (a) Study The Federal Trade Commission (in this section referred to as the Commission ) shall conduct a study, using the Commission's authority under section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ), regarding scams that target travelers during the COVID–19 pandemic. (b) Report Not later than 45 days after the date of enactment of this Act, the Commission shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action to prevent and deter scams that target consumers, including online travel booking scams, as the Commission determines appropriate. (c) Consumer protection information Not later than 30 days after the date of the submission of the report under subsection (b), the Commission shall update the website of the Commission to include information for consumers on avoiding scams that target travelers, including scams that target travelers during the COVID–pandemic identified in the study conducted under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1890is/xml/BILLS-117s1890is.xml |
117-s-1891 | II 117th CONGRESS 1st Session S. 1891 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Coons (for himself, Mr. Markey , Mr. Whitehouse , Ms. Smith , Mrs. Feinstein , Mr. Blumenthal , Mr. Schatz , Ms. Cortez Masto , Ms. Baldwin , Mr. Casey , Mr. Bennet , Mr. Padilla , Ms. Cantwell , Mr. Luján , Mr. Reed , Mr. Cardin , Mr. Booker , Ms. Duckworth , Mr. Warner , Ms. Warren , Mr. Kaine , Mr. Van Hollen , Ms. Hirono , Mr. Leahy , Mr. Durbin , Mrs. Gillibrand , Mr. Wyden , Mr. Carper , Ms. Klobuchar , Mrs. Murray , Ms. Rosen , Mr. King , Mr. Menendez , Mrs. Shaheen , Mr. Peters , Mr. Ossoff , Mr. Merkley , Mr. Sanders , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To transfer and limit Executive Branch authority to suspend or restrict the entry of a class of aliens.
1. Short title This Act may be cited as the National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act . 2. Expansion of nondiscrimination provision Section 202(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(1)(A) ) is amended— (1) by striking Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no and inserting No ; (2) by inserting or a nonimmigrant visa, admission or other entry into the United States, or the approval or revocation of any immigration benefit after immigrant visa ; (3) by inserting religion, after sex, ; and (4) by inserting before the period at the end the following: , except as specifically provided in paragraph (2), in sections 101(a)(27), 201(b)(2)(A)(i), and 203, if otherwise expressly required by statute, or if a statutorily authorized benefit takes into consideration such factors . 3. Transfer and limitations on authority to suspend or restrict the entry of a class of aliens Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ) is amended to read as follows: (f) Authority To suspend or restrict the entry of a class of aliens (1) In general Subject to paragraph (2), if the Secretary of State, in consultation with the Secretary of Homeland Security, determines, based on specific and credible facts, that the entry of any aliens or any class of aliens into the United States would undermine the security or public safety of the United States or the preservation of human rights, democratic processes or institutions, or international stability, the President may temporarily— (A) suspend the entry of such aliens or class of aliens as immigrants or nonimmigrants; or (B) impose any restrictions on the entry of such aliens that the President deems appropriate. (2) Limitations In carrying out paragraph (1), the President, the Secretary of State, and the Secretary of Homeland Security shall— (A) only issue a suspension or restriction when required to address specific acts implicating a compelling government interest in a factor identified in paragraph (1); (B) narrowly tailor the suspension or restriction, using the least restrictive means, to achieve such compelling government interest; (C) specify the duration of the suspension or restriction; (D) consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers; and (E) comply with all provisions of this Act. (3) Congressional notification (A) In general Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. (B) Briefing and report Not later than 48 hours after the President exercises the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall provide a briefing and submit a written report to Congress that describes— (i) the action taken pursuant to paragraph (1) and the specified objective of such action; (ii) the estimated number of individuals who will be impacted by such action; (iii) the constitutional and legislative authority under which such action took place; and (iv) the circumstances necessitating such action, including how such action complies with paragraph (2), as well as any intelligence informing such actions. (C) Termination If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. (D) Congressional committees The term Congress , as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. (4) Publication The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in paragraph (3)(B) in the Federal Register. (5) Judicial review (A) In general Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. (B) Class action Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. (6) Treatment of commercial airlines Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. (7) Rule of construction Nothing in this section may be construed as authorizing the President, the Secretary of State, or the Secretary of Homeland Security to act in a manner inconsistent with the policy decisions expressed in the immigration laws. . 4. Visa applicants report (a) Initial reports (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 3 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. 13769, 13780, and 13815, during the effective period of each such proclamation and order. (2) Presidential proclamation 9645 and 9983 In addition to the content described in paragraph (1), the report submitted with respect to Presidential Proclamation 9645, issued on September 24, 2017, and Presidential Proclamation 9983, issued on January 31, 2020, shall include, for each country listed in such proclamation— (A) the total number of individuals who applied for a visa during the time period the proclamation was in effect, disaggregated by country and visa category; (B) the total number of visa applicants described in subparagraph (A) who were approved, disaggregated by country and visa category; (C) the total number of visa applicants described in subparagraph (A) who were refused, disaggregated by country and visa category, and the reasons they were refused; (D) the total number of visa applicants described in subparagraph (A) whose applications remain pending, disaggregated by country and visa category; (E) the total number of visa applicants described in subparagraph (A) who were granted a waiver, disaggregated by country and visa category; (F) the total number of visa applicants described in subparagraph (A) who were denied a waiver, disaggregated by country and visa category, and the reasons such waiver requests were denied; (G) the total number of refugees admitted, disaggregated by country; and (H) the complete reports that were submitted to the President every 180 days in accordance with section 4 of Presidential Proclamation 9645 in its original form, and as amended by Presidential Proclamation 9983. (b) Additional reports Not later than 30 days after the date on which the President exercises the authority under section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ), as amended by section 3 of this Act, and every 30 days thereafter, the Secretary of State, in coordination with the Secretary of Homeland Security and heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in paragraph (3)(D) of such section 212(f) that identifies, with respect to countries affected by a suspension or restriction, the information described in subparagraphs (A) through (G) of subsection (a)(2) of this section and the specific evidence supporting the need for the continued exercise of presidential authority under such section 212(f), including the information described in paragraph (3)(B) of such section 212(f). If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. A final report with such information shall be prepared and submitted to such congressional committees not later than 30 days after the suspension or restriction is lifted. (c) Form; availability The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form. | https://www.govinfo.gov/content/pkg/BILLS-117s1891is/xml/BILLS-117s1891is.xml |
117-s-1892 | II 117th CONGRESS 1st Session S. 1892 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Brown (for himself, Mr. Wyden , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify employer-provided fringe benefits for bicycle commuting.
1. Short title This Act may be cited as the Bicycle Commuter Act of 2021 . 2. Modification of employer-provided fringe benefits for bicycle commuting (a) Repeal of suspension of exclusion for qualified bicycle commuting reimbursement Section 132(f) of the Internal Revenue Code of 1986 is amended by striking paragraph (8). (b) Commuting fringe includes bikeshare (1) In general Clause (i) of section 132(f)(5)(F) of such Code is amended by striking a bicycle and all that follows and inserting bikeshare, a bicycle, and bicycle improvements, repair, and storage, if the employee regularly uses such bikeshare or bicycle for travel between the employee’s residence and place of employment or mass transit facility that connects an employee to their place of employment. . (2) Bikeshare Section 132(f)(5)(F) of such Code is amended by adding at the end the following: (iv) Bikeshare The term bikeshare means a bicycle rental operation at which bicycles are made available to customers to pick up and drop off for point-to-point use within a defined geographic area. . (c) Low-Speed electric bicycles Section 132(f)(5)(F) of such Code, as amended by subsection (b)(2), is amended by adding at the end the following: (v) Low-speed electric bicycles The term bicycle includes a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph. . (d) Modification relating to bicycle commuting month Clause (iii) of section 132(f)(5)(F) of such Code is amended to read as follows: (iii) Qualified bicycle commuting month The term qualified bicycle commuting month means, with respect to any employee, any month during which such employee regularly uses a bicycle for a portion of the travel between the employee’s residence and place of employment. . (e) Limitation on exclusion (1) In general Subparagraph (C) of section 132(f)(2) of such Code is amended by striking applicable annual limitation and inserting applicable monthly limitation . (2) Applicable monthly limitation defined Clause (ii) of section 132(f)(5)(F) of such Code is amended to read as follows: (ii) Applicable monthly limitation The term applicable monthly limitation , with respect to any employee for any month, means an amount equal to 30 percent of the dollar amount in effect for the month under paragraph (2)(B). . (3) Aggregate limitation Subparagraph (B) of section 132(f)(2) of such Code is amended by inserting and the applicable monthly limitation in the case of any qualified bicycle commuting benefit . (f) No constructive receipt Paragraph (4) of section 132(f) of such Code is amended by striking (other than a qualified bicycle commuting reimbursement) . (g) Conforming amendments Paragraphs (1)(D), (2)(C), and (5)(F) of section 132(f) of such Code are each amended by striking reimbursement each place it appears and inserting benefit . (h) 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-117s1892is/xml/BILLS-117s1892is.xml |
117-s-1893 | II 117th CONGRESS 1st Session S. 1893 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Tester (for himself and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to support rural residency training funding that is equitable for all States, and for other purposes.
1. Short title This Act may be cited as the Rural Physician Workforce Production Act of 2021 . 2. Elective rural sustainability per resident payment for residents training in rural training locations (a) In general Section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) is amended by adding at the end the following new subsection: (u) Elective rural sustainability per resident payment amount for residents training in rural training locations (1) Determination of elective rural sustainability per resident payment amount (A) In general The elective rural sustainability per resident payment amount determined under this subsection for an applicable hospital (as defined in paragraph (7)(A)) that makes an election under paragraph (2), with respect to each full-time-equivalent resident in an approved medical residency training program that receives training in a rural training location (as defined in paragraph (7)(C)), is an amount equal to the difference between— (i) the total elective rural sustainability amount determined under subparagraph (B) (or, in the case of an applicable hospital not located in a rural area, the total elective rural sustainability amount or urban total elective rural sustainability amount, as applicable, determined under such subparagraph); and (ii) the amount (if any) the applicable hospital otherwise receives for direct graduate medical education costs under subsection (h) or section 1814(l), as applicable, with respect to each such resident. (B) Total elective rural sustainability amount (i) Establishment for initial cost reporting periods (I) In general Subject to subclause (II), for cost reporting periods beginning during the first year beginning on or after the date of the enactment of this subsection, the Secretary shall establish a total elective rural sustainability amount for time spent by each full-time-equivalent resident in an approved medical residency training program that receives training in a rural training location. Such amount shall be the amount that the Secretary determines is equal to the median national direct GME training costs per full-time equivalent resident for 2015 described in table 9 on page 33 of the March 2018 GAO report on Physician Workforce (GAO–18–240), updated for each subsequent year through the first year beginning on or after the date of the enactment of this subsection, by the annual percentage increase in the consumer price index for all urban consumers (all items; United States city average). (II) Application to urban hospitals For cost reporting periods beginning during the first year beginning on or after the date of the enactment of this subsection, in the case of an applicable hospital that is not located in a rural area— (aa) with respect to such residents that receive training in a rural track or an integrated rural track, the total elective rural sustainability amount per resident shall be equal to the amount established under subclause (I); and (bb) with respect to such residents that receive training in a rural training location and who are not participating in a rural track or an integrated rural track, the total elective rural sustainability amount per resident shall be equal to 50 percent of the amount established under subclause (I) (referred to in this subsection as the urban total elective rural sustainability amount ). (ii) Updating for subsequent cost reporting periods For each subsequent cost reporting period, the total elective rural sustainability amount under clause (i)(I) and clause (i)(II)(aa) and the urban total elective rural sustainability amount under clause (i)(II)(bb), respectively, are equal to such amounts determined under such clause for the previous cost reporting period updated, through the midpoint of the period, by projecting the estimated percentage change in the consumer price index for all urban consumers (all items; United States city average) during the 12-month period ending at that midpoint, with appropriate adjustments to reflect previous under- or over-estimations under this clause in the projected percentage change in the consumer price index for medical care services. (C) Clarification The total elective rural sustainability amount, the urban total elective rural sustainability amount, and the elective rural sustainability per resident payment amount determined under this paragraph shall not be discounted or otherwise adjusted based on the Medicare patient load (as defined in subsection (h)(3)(C)) of an applicable hospital or discharges in a diagnosis-related group. (2) Election For cost reporting periods beginning on or after the date that is 1 year after the date of the enactment of this subsection, an applicable hospital may elect to receive the elective rural sustainability per resident payment amount for each full-time-equivalent resident in an approved medical residency training program that receives training in a rural training location in accordance with this subsection. An applicable hospital may make an election under the preceding sentence regardless of whether the applicable hospital is otherwise eligible for a payment or adjustment for indirect and direct graduate medical education costs under subsections (d)(5)(B) and (h) or section 1814(l), as applicable, with respect to such residents. (3) Application The provisions of this subsection, or the application of such provisions to an applicable hospital— (A) shall not result in— (i) the establishment of a limitation on the number of residents in allopathic or osteopathic medicine for purposes of subsections (d)(5)(B) and (h) with respect to an approved medical residency training program of an applicable hospital (or be taken into account in determining such a limitation during the cap building period of an applicable hospital); or (ii) the counting of any resident with respect to which the applicable hospital receives an elective rural sustainability per resident payment amount under this subsection towards the application of the limitation described in clause (i) for purposes of subsections (d)(5)(B) and (h); and (B) shall not have any effect on the determination of— (i) the additional payment amount under subsection (d)(5)(B); or (ii) hospital-specific approved FTE resident amounts under subsection (h). (4) Allocation of payments In providing for payments under this subsection, the Secretary shall provide for an allocation of such payments between parts A and part B (and the trust funds established under the respective parts) as reasonably reflects the proportion of such costs associated with the provision of services under each respective part. (5) Eligibility for payment (A) In general An applicable hospital shall be eligible for payment of the elective rural sustainability per resident payment amount under this subsection for time spent by a resident training in a rural training location if the following requirements are met: (i) The resident spends the equivalent of at least 8 weeks over the course of their training in a rural training location. (ii) The hospital pays the salary and benefits of the resident for the time spent training in a rural training location. (B) Treatment of time spent in rural tracks or integrated rural tracks An applicable hospital shall be eligible for payment of the elective rural sustainability per resident payment amount under this subsection for all time spent by residents in an approved medical residency program (or separately defined track within a program) that provides more than 50 percent of the total residency training time in rural training locations, regardless of where the training occurs and regardless of specialty. (6) Determination of full-time-equivalent residents The determination of full-time-equivalent residents for purposes of this subsection shall be made in the same manner as the determination of full-time-equivalent residents under subsection (h)(4), but not taking into account the limitation under subparagraph (F) of such subsection. (7) Definitions In this subsection: (A) Applicable hospital The term applicable hospital means a hospital, critical access hospital, sole community hospital (as defined in subsection (d)(5)(D)(iii)), or rural emergency hospital (as defined in section 1861(kkk)(2)). (B) Approved medical residency training program; direct graduate medical education costs; resident The terms approved medical residency training program , direct graduate medical education costs , and resident have the meanings given those terms in subsection (h)(5). (C) Rural training location The term rural training location means a location in which training occurs that, based on the 2010 census or any subsequent census adjustment, meets one or more of the following criteria: (i) The training occurs in a location that is a rural area (as defined in section 1886(d)(2)(D)). (ii) The training occurs in a location that has a rural-urban commuting area code equal to or greater than 4.0. (iii) The training occurs in a sole community hospital (as defined in subsection (d)(5)(D)(iii)) or in a location that is within 10 miles of a sole community hospital. (8) Budget neutrality requirement The Secretary shall ensure that aggregate payments for direct medical education costs and indirect medical education costs under this title, including any payments under this subsection, for each year (effective beginning on or after the date that is 1 year after the date of enactment of this subsection) are not greater than the aggregate payments for such costs that would have been made under this title for the year without the application of this subsection. For purposes of carrying out the budget neutrality requirement under the preceding sentence, the Secretary may make appropriate adjustments to the amount of such payments for direct graduate medical education costs and indirect medical education costs under subsections (h) and (d)(5)(B), respectively. . (b) Treatment of critical access hospitals and sole community hospitals (1) Critical access hospitals Section 1814(l) of the Social Security Act ( 42 U.S.C. 1395f(l) ) is amended by adding at the end the following new paragraph: (6) For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of this paragraph, the following shall apply: (A) A critical access hospital may elect to be treated as a hospital or as a non-provider setting for purposes of counting resident time for indirect medical education costs and direct graduate medical education costs for the time spent by the resident in that setting under subsections (d)(5)(B) and (h), respectively, of section 1886. (B) Medical education costs shall not be considered reasonable costs of a critical access hospital for purposes of payment under paragraph (1), to the extent that the critical access hospital is treated as a non-provider setting of another hospital or another hospital receives payment for such costs for the time spent by the resident in that setting pursuant to subsection (d)(5)(B), subsection (h), or subsection (u) of section 1886. . (2) Sole community hospitals Section 1886(d)(5)(D) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(D) ) is amended by adding at the end the following new clause: (vi) For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of this paragraph, the hospital-specific payment amount determined under clause (i)(I) with respect to a sole community hospital shall not include medical education costs, to the extent that the sole community hospital receives payment for such costs for the time spent by the resident in that setting pursuant to subsection (u). . (c) Conforming amendments (1) Section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) is amended— (A) in subsection (d)(5)(B), in the matter preceding clause (i), by striking The Secretary and inserting Subject to subsection (u), the Secretary ; and (B) in subsection (h)— (i) in paragraph (1), by inserting subject to subsection (u) after 1861(v), ; and (ii) in paragraph (3), in the flush matter following subparagraph (B), by striking subsection (k) and inserting subsection (k) or subsection (u) . 3. Supporting new, expanding, and existing rural training tracks (a) Direct graduate medical education Section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) ) is amended— (1) in paragraph (4)— (A) in subparagraph (F)(i)— (i) by striking 130 percent and inserting for cost reporting periods beginning on or after October 1, 1997, and before the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2021 , 130 percent ; and (ii) by adding at the end the following: For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2021 , such rules shall provide that any full-time-equivalent resident in an approved medical residency program (or separately defined track within a program) that provides more than 50 percent of the total residency training time in rural training locations (as defined in subsection (u)(6)(C)), regardless of where the training occurs and regardless of specialty, shall not be taken into account for purposes of applying the limitation under this subparagraph. ; and (B) in subparagraph (H)— (i) in clause (i), in the second sentence, by inserting the following before the period: , in accordance with the second sentence of clause (i) of such subparagraph ; and (ii) in clause (iv), by inserting the following before the period: , in accordance with the second sentence of clause (i) of such subparagraph ; and (2) in paragraph (5), by adding at the end the following new subparagraph: (L) Special rules regarding application of elective rural sustainability per resident payment amount For special rules regarding application of the elective rural sustainability per resident payment amount under subsection (u), see paragraph (3) of such subsection. . (b) Indirect medical education Section 1886(d)(5)(B)(v) is amended— (1) by striking 130 percent and inserting for cost reporting periods beginning on or after October 1, 1997, and before the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2021 , 130 percent ; and (2) by adding at the end the following: For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2021 , such rules shall provide that any full-time-equivalent resident in an approved medical residency program (or separately defined track within a program) that provides more than 50 percent of the total residency training time in rural training locations (as defined in subsection (u)(6)(C)), regardless of where the training occurs and regardless of specialty, shall not be taken into account for purposes of applying the limitation under this subparagraph. For special rules regarding application of the elective rural sustainability per resident payment amount under subsection (u), see paragraph (3) of such subsection. . | https://www.govinfo.gov/content/pkg/BILLS-117s1893is/xml/BILLS-117s1893is.xml |
117-s-1894 | II 117th CONGRESS 1st Session S. 1894 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes.
1. Short title This Act may be cited as the Regional Ocean Partnership Act . 2. Findings; sense of Congress; purposes (a) Findings Congress makes the following findings: (1) The ocean and coastal waters of the United States are foundational to the economy, security, global competitiveness, and well-being of the United States and continuously serve the people of the United States and other countries as an important source of food, energy, economic productivity, recreation, beauty, and enjoyment. (2) Over many years, the resource productivity and water quality of the ocean and coastal areas of the United States have been diminished by pollution, increasing population demands, economic development, and natural and man-made hazard events, both acute and chronic. (3) Ocean and coastal areas of the United States are managed by State and Federal resource agencies and regulated on an interstate and regional scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance regional priorities, including the ecological and economic health of those areas. (4) Tribal governments have unique expertise and knowledge important for the stewardship of the ocean and coastal waters of the United States. (b) Sense of Congress It is the sense of Congress that— (1) the United States should seek to support interstate coordination of shared regional priorities relating to the management, conservation, resilience, and restoration of ocean and coastal areas to maximize efficiencies through collaborative regional efforts by Regional Ocean Partnerships, in consultation with Federal and State agencies, Tribal governments, and local authorities; (2) such efforts would enhance existing and effective State coastal management efforts based on shared regional priorities; and (3) Regional Ocean Partnerships should consult with Tribal governments and may include representation from Tribal governments. (c) Purposes The purposes of this Act are as follows: (1) To complement and expand cooperative voluntary efforts intended to manage and restore ocean and coastal areas spanning across multiple State boundaries. (2) To expand Federal support for monitoring, data management, and restoration activities in ocean and coastal areas. (3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, all coastal ecosystems. (4) To authorize Regional Ocean Partnerships as intergovernmental coordinators for shared interstate and regional priorities relating to the collaborative management of the large marine ecosystems, thereby reducing duplication of efforts and maximizing opportunities to leverage support in the ocean and coastal regions. (5) To empower States to take a lead role in managing oceans and coasts. (6) To incorporate Tribal interests in the management of oceans and coasts and provide funding to support Tribal ocean and coastal resiliency activities in coordination with Regional Ocean Partnerships. (7) To enable Regional Ocean Partnerships, or designated fiscal management entities of such partnerships, to receive Federal funding to conduct the scientific research, conservation and restoration activities, and priority coordination on shared regional priorities necessary to achieve the purposes described in paragraphs (1) through (6). 3. Regional Ocean Partnerships (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal state The term coastal state has the meaning given that term in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 ). (3) Indian Tribe The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) Institution of higher education The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (b) Regional Ocean Partnerships (1) In general A coastal state may participate in a Regional Ocean Partnership with one or more other coastal states that share a common ocean or coastal area with the coastal state, without regard to whether the coastal states are contiguous. (2) Application The Governor of a coastal state or the Governors of a group of coastal states may apply to the Secretary of Commerce, on behalf of a partnership, for the partnership to receive designation as a Regional Ocean Partnership if the partnership— (A) meets the requirements under paragraph (3); and (B) submits an application for such designation in such manner, in such form, and containing such information as the Secretary may require. (3) Requirements A partnership is eligible for designation as a Regional Ocean Partnership by the Secretary under paragraph (2) if the partnership— (A) is established to coordinate the interstate management of ocean and coastal resources; (B) focuses on the environmental issues affecting the ocean and coastal areas of the members participating in the partnership; (C) complements existing State coastal and ocean management efforts on an interstate scale, focusing on shared regional priorities; (D) does not have a regulatory function; and (E) is not duplicative of an existing Regional Ocean Partnership designated under paragraph (4), as determined by the Secretary. (4) Designation of certain entities as Regional Ocean Partnerships Notwithstanding paragraph (2) or (3), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. (B) The Northeast Regional Ocean Council, comprised of the States of Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island. (C) The Mid-Atlantic Regional Council on the Ocean, comprised of the States of New York, New Jersey, Delaware, Maryland, and Virginia. (D) The West Coast Ocean Alliance, comprised of the States of California, Oregon, and Washington and the coastal Indian Tribes therein. (c) Governing bodies of Regional Ocean Partnerships (1) In general A Regional Ocean Partnership designated under subsection (b) shall be governed by a governing body. (2) Membership A governing body described in paragraph (1)— (A) shall be comprised, at a minimum, of voting members from each coastal state participating in the Regional Ocean Partnership, designated by the Governor of the coastal state; and (B) may include such other members as the partnership considers appropriate. (d) Functions A Regional Ocean Partnership designated under subsection (b) may perform the following functions: (1) Promote coordination of the actions of the agencies of coastal states participating in the partnership with the actions of the appropriate officials of Federal agencies and State and Tribal governments in developing strategies— (A) to conserve living resources, increase valuable habitats, enhance coastal resilience and ocean management, promote ecological and economic health, and address such other issues related to the shared ocean or coastal area as are determined to be a shared, regional priority by those states; and (B) to manage regional data portals and develop associated data products for purposes that support the priorities of the partnership. (2) In cooperation with appropriate Federal and State agencies, Tribal governments, and local authorities, develop and implement specific action plans to carry out coordination goals. (3) Coordinate and implement priority plans and projects, and facilitate science, research, modeling, monitoring, data collection, and other activities that support the goals of the partnership through the provision of grants and contracts under subsection (f). (4) Engage, coordinate, and collaborate with relevant governmental entities and stakeholders to address ocean and coastal related matters that require interagency or intergovernmental solutions. (5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean and coastal areas, as relevant. (6) Develop and make available, through publications, technical assistance, and other appropriate means, information pertaining to cross-jurisdictional issues being addressed through the coordinated activities of the partnership. (7) Serve as a liaison with, and provide information to, international counterparts, as appropriate on priority issues for the partnership. (e) Consultation and engagement A Regional Ocean Partnership designated under subsection (b) shall maintain mechanisms for consultation and engagement with the following: (1) The Federal Government. (2) Tribal governments. (3) Nongovernmental entities, including academic organizations, nonprofit organizations, and businesses. (f) Grants and contracts (1) In general A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency provide grants and enter into contracts for the purposes described in paragraph (2). (2) Purposes The purposes described in this paragraph include any of the following: (A) Monitoring the water quality and living resources of multi-State ocean and coastal ecosystems and coastal communities. (B) Researching and addressing the effects of natural and human-induced environmental changes on— (i) ocean and coastal ecosystems; and (ii) coastal communities. (C) Developing and executing cooperative strategies that— (i) address regional data issues identified by the partnership; and (ii) will result in more effective management of common ocean and coastal areas. (g) Report required (1) In general Not later than 5 years after the date of the enactment of this Act, the Administrator, in coordination with the Regional Ocean Partnerships designated under subsection (b), shall submit to Congress a report on the partnerships. (2) Report requirements The report required by paragraph (1) shall include the following: (A) An assessment of the overall status of the work of the Regional Ocean Partnerships designated under subsection (b). (B) An assessment of the effectiveness of the partnerships in supporting regional priorities relating to the management of common ocean and coastal areas. (C) An identification of any duplication of efforts between the partnerships and other entities. (D) An assessment of the benefits and costs of the partnerships. (E) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies. (F) An assessment of how the efforts of the partnerships support or enhance Federal and State efforts consistent with the purposes of this Act. (G) Such recommendations as the Administrator may have for improving— (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination and consultation with all relevant Federal, State, and Tribal entities. (H) The distribution of funds from each partnership for each fiscal year covered by the report. (h) Availability of Federal funds In addition to amounts made available to the Regional Ocean Partnerships designated under subsection (b) by the Administrator under this section, the head of any other Federal agency may provide grants to, enter into contracts with, or otherwise provide funding to such partnerships. (i) Authorities Nothing in this section establishes any new legal or regulatory authority of the National Oceanic and Atmospheric Administration or of the Regional Ocean Partnerships designated under subsection (b), other than— (1) the authority of the Administrator to provide amounts to the partnerships; and (2) the authority of the partnerships to provide grants and enter into contracts under subsection (f). (j) Funding (1) Regional Ocean Partnerships There are authorized to be appropriated to the National Oceanic and Atmospheric Administration the following amounts to be made available to the Regional Ocean Partnerships designated under subsection (b) or designated fiscal management entities of such partnerships to carry out activities of the partnerships under this Act: (A) $10,100,000 for fiscal year 2022. (B) $10,202,000 for fiscal year 2023. (C) $10,306,040 for fiscal year 2024. (D) $10,412,160 for fiscal year 2025. (E) $10,520,404 for fiscal year 2026. (2) Distribution of amounts Amounts made available under paragraph (1) shall be divided evenly among the Regional Ocean Partnerships designated under subsection (b). (3) Tribal consultation There is authorized to be appropriated to the National Oceanic and Atmospheric Administration $1,000,000 for each of fiscal years 2022 through 2026 for Indian Tribes to be distributed for purposes of participation in or engagement with the Regional Ocean Partnerships. (4) Derivation Funds to carry out the activities under this Act shall be derived from amounts authorized to be appropriated pursuant to paragraphs (1) and (3) that are appropriated after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1894is/xml/BILLS-117s1894is.xml |
117-s-1895 | II 117th CONGRESS 1st Session S. 1895 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Luján (for himself, Mr. Heinrich , and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To require the Secretary of Health and Human Services to award additional funding through the Sanitation Facilities Construction Program of the Indian Health Service, and for other purposes.
1. Indian Health Service Sanitation Facilities Construction Program funding (a) Findings Congress finds that— (1) the COVID–19 crisis has highlighted the lack of infrastructure and sanitation available in Native communities; and (2) addressing the Sanitation Facilities Deficiency List of the Division of Sanitation Facilities and Construction of the Indian Health Service included in the Sanitation Deficiency System will— (A) result in investments in necessary water infrastructure; and (B) improve health outcomes. (b) Definitions In this section: (1) Sanitation Deficiency System The term Sanitation Deficiency System means the system established by the Secretary under section 302(g) of the Indian Health Care Improvement Act ( 25 U.S.C. 1632(g) ) to identify, report, and prioritize the sanitation deficiencies of Indian Tribes and communities. (2) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Director of the Indian Health Service. (c) Additional funding for sanitation facilities (1) In general The Secretary shall award additional funding under the Sanitation Facilities Construction Program for the planning, design, construction, modernization, improvement, and renovation of water, sewer, and solid waste sanitation facilities that are funded, in whole or part, by the Indian Health Service— (A) through, or provided for in, a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ); (B) pursuant to section 7 of the Act of August 5, 1954 (68 Stat. 674, chapter 658; 73 Stat. 267; 42 U.S.C. 2004a ); and (C) pursuant to section 302 of the Indian Health Care Improvement Act ( 25 U.S.C. 1632 ). (2) Priority for funding In awarding funding to sanitation facilities under paragraph (1), the Secretary shall prioritize sanitation facilities in accordance with the Sanitation Deficiency System. (d) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $3,000,000,000 for fiscal year 2022, to remain available until expended. (2) Additional support Of the funds appropriated under paragraph (1), $350,000,000 shall be for additional staffing support to carry out this section. (3) Requirement Amounts made available under paragraph (1) shall be in addition to any amounts made available to carry out the purposes described in subsection (c)(1) under any other provision of law. | https://www.govinfo.gov/content/pkg/BILLS-117s1895is/xml/BILLS-117s1895is.xml |
117-s-1896 | II 117th CONGRESS 1st Session S. 1896 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the discriminatory use of personal information by online platforms in any algorithmic process, to require transparency in the use of algorithmic processes and content moderation, and for other purposes.
1. Short title This Act may be cited as the Algorithmic Justice and Online Platform Transparency Act . 2. Findings Congress finds the following: (1) Online platforms have become integral to individuals' full participation in economic, democratic, and societal processes. (2) Online platforms employ manipulative dark patterns, collect large amounts of personal information from their users, and leverage that personal information for opaque algorithmic processes in ways that create vastly different experiences for different types of users. (3) Algorithmic processes are often used by online platforms without adequate testing and in the absence of critical transparency requirements and other legally enforceable safety and efficacy standards, which has resulted in discrimination in housing, lending, job advertising, and other areas of opportunity. (4) The use of discriminatory algorithmic processes causes disproportionate harm to populations that already experience marginalization. (5) Online platforms constantly engage in content moderation decision making, resulting in highly influential outcomes regarding what content is visible and accessible to users. (6) Online platforms’ content moderation practices have disproportionately significant repercussions for members of marginalized communities, who have historically been the target of nefarious online activity, including disinformation campaigns. (7) Users of online platforms should have access to understandable information about how online platforms moderate content and use algorithmic processes to amplify or recommend content. (8) Users of online platforms should be able to easily move their data to alternative online platforms, and the importance of this right is particularly significant given certain online platforms’ use of harmful algorithmic processes and engagement in ineffective content moderation. (9) In a variety of sectors, algorithmic processes also facilitate discriminatory outcomes on online platforms that individuals may not personally interact with, but which nonetheless process the personal information of such individuals and have significant, negative consequences. (10) The people of the United States would benefit from the convening of experts from a diverse set of governmental positions to collectively study and report on discriminatory algorithmic processes across the United States’ economy and society, with particular attention to intersections of harm. 3. Definitions In this Act: (1) Algorithmic process The term algorithmic process means a computational process, including one derived from machine learning or other artificial intelligence techniques, that processes personal information or other data for the purpose of determining the order or manner that a set of information is provided, recommended to, or withheld from a user of an online platform, including the provision of commercial content, the display of social media posts, or any other method of automated decision making, content selection, or content amplification. (2) Biometric information The term biometric information — (A) means information regarding the physiological or biological characteristics of an individual that may be used, singly or in combination with each other or with other identifying data, to establish the identity of an individual; and (B) includes— (i) genetic information; (ii) imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted; (iii) keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information; and (iv) any mathematical code, profile, or algorithmic model derived from information regarding the physiological or biological characteristics of an individual. (3) Commission The term Commission means the Federal Trade Commission. (4) Content moderation The term content moderation means— (A) the intentional deletion, labeling, or editing of user generated content or a process of purposefully decreasing access to such content through the human labor of any individual that is financially compensated by an online platform, an automated process, or some combination thereof, pursuant to the online platform's terms of service or stated community standards; and (B) such other practices as the Commission may identify under regulations promulgated under section 553 of title 5, United States Code. (5) De-identified The term de-identified , with respect to personal information, means information that has been altered, anonymized, or aggregated so that it cannot reasonably identify, relate to, describe, or be capable of being associated with or linked to, directly or indirectly, a particular individual or device. (6) Demographic information The term demographic information means information regarding an individual's or class of individuals’ race, color, ethnicity, sex, religion, national origin, age, gender, gender identity, sexual orientation, disability status, familial status, immigration status, educational attainment, income, source of income, occupation, employment status, biometric information, criminal record, credit rating, or any categorization used by the online platform derived from such information. (7) Group The term group means a page or other subdivision of an online platform that functions as a forum for users to post or otherwise distribute content to, or communicate with, other users of such page or other subdivision. (8) Non-precise geolocation information The term non-precise geolocation information means information regarding a country, state, county, city, or ZIP code. (9) Online platform The term online platform means any public-facing website, online service, online application, or mobile application which is operated for commercial purposes and provides a community forum for user generated content, including a social network site, content aggregation service, or service for sharing videos, images, games, audio files, or other content. (10) Personal information (A) In general The term personal information means information that directly or indirectly identifies, or could be reasonably linked to, a particular individual or device. (B) Reasonably linked For purposes of subparagraph (A), information could be reasonably linked to an individual or device if such information can be used on its own or in combination with other information held by, or readily accessible to, a person to identify an individual or device. (11) Place of public accommodation The term place of public accommodation means— (A) any entity considered a place of public accommodation under section 201(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000a(b) ) or section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 ); or (B) any commercial entity that offers goods or services through the internet to the general public. (12) Small business (A) In general The term small business means a commercial entity that establishes, with respect to the 3 preceding calendar years (or since the inception of such entity if such period is less than 3 calendar years), that the entity— (i) maintains an average annual gross revenue of less than $25,000,000; (ii) on average, annually processes the personal information of less than 100,000 individuals, households, or devices used by individuals or households; (iii) on average, derives 50 percent or less of its annual revenue from transferring the personal information of individuals; and (iv) has less than 50 workers at any time during such period. (B) Common control or branding For purposes of subparagraph (A), the amounts at issue shall include the activity of any person that controls, is controlled by, is under common control with, or shares common branding with such commercial entity. (13) User generated content The term user generated content means any content, including text, images, videos, reviews, profiles, games, or audio content, that is made or created (including through a form, template, or other process provided by the online platform) and posted on an online platform by a user of the online platform. 4. Transparency (a) Notice and review of algorithmic process Beginning 1 year after the date of enactment of this Act, any online platform that employs, operates, or otherwise utilizes an algorithmic process to withhold, amplify, recommend, or promote content (including a group) to a user of the online platform shall comply with the following requirements: (1) Required notice (A) In general With respect to each type of algorithmic process utilized by an online platform, such online platform shall disclose the following information to users of the online platform in conspicuous, accessible, and plain language that is not misleading: (i) The categories of personal information the online platform collects or creates for purposes of the type of algorithmic process. (ii) The manner in which the online platform collects or creates such personal information. (iii) How the online platform uses such personal information in the type of algorithmic process. (iv) The method by which the type of algorithmic process prioritizes, assigns weight to, or ranks different categories of personal information to withhold, amplify, recommend, or promote content (including a group) to a user. (B) Language of required notice Such online platform shall make available the notice described in subparagraph (A) in each language in which the online platform provides services. (C) Rulemaking The Commission shall conduct a rulemaking to identify each type of algorithmic process for which an online platform is required to disclose the information described in subparagraph (A). (2) Review of algorithmic process (A) Record of algorithmic process Subject to subparagraph (B), such online platform shall, for 5 years, retain a record that describes— (i) the categories of personal information used by the type of algorithmic process; (ii) the method by which the type of algorithmic process weighs or ranks certain categories of personal information; (iii) the method by which the online platform develops its type of algorithmic process, including— (I) a description of any personal information or other data used in such development; (II) an explanation of any personal information or other data used to train the type of algorithmic process on an ongoing basis; and (III) a description of how the type of algorithmic process was tested for accuracy, fairness, bias, and discrimination; and (iv) if the online platform (except for a small business) utilizes an algorithmic process that relates to opportunities for housing, education, employment, insurance, credit, or the access to or terms of use of any place of public accommodations, an assessment of whether the type of algorithmic process produces disparate outcomes on the basis of an individual’s or class of individuals’ actual or perceived race, color, ethnicity, sex, religion, national origin, gender, gender identity, sexual orientation, familial status, biometric information, or disability status. (B) Additional requirements (i) Requirement to de-identify personal information The record described in subparagraph (A) shall not include any personal information other than de-identified personal information. (ii) Extension of record retention An online platform shall retain the record described in subparagraph (A) for up to an additional 3 years if the Commission determines that the online platform poses a reasonable risk of engaging in repeated violations of this Act or of unlawful discrimination as a result of its use of an algorithmic process. (C) Review of record Upon the request of the Commission, an online platform shall make available to the Commission the complete record described in subparagraph (A). (b) Notice of content moderation practices (1) Notice (A) In general Beginning 1 year after the date of enactment of this Act, any online platform shall disclose to users of the online platform in conspicuous, accessible, and plain language that is not misleading a complete description of the online platform's content moderation practices, including a description of any type of automated content moderation practices and content moderation practices that employ human labor. (B) Language of required notice Such online platform shall make available the notice described in subparagraph (A) in each language in which the online platform provides services. (2) Content moderation transparency reports (A) In general Beginning 180 days after the date of enactment of this Act, any online platform (except for a small business) that engages in content moderation shall publish, not less than annually, a transparency report of their content moderation practices. (B) Requirements (i) In general The transparency report required under subparagraph (A) shall include, if applicable: (I) The total number of content moderation decisions for the applicable period. (II) The number of content moderation decisions for the applicable period broken down by: (aa) Relevant policy, type, or category of content moderation undertaken by the online platform. (bb) Whether the content moderation decision occurred in response to information regarding organized campaigns or other coordinated behavior. (cc) Aggregate demographic information of users who created the user generated content subjected to content moderation. (dd) Aggregate demographic information of users targeted by an algorithmic process involving content subjected to content moderation. (ee) Whether the content moderation occurred through automated practices, human labor by the online platform, labor by any individual that does not work as a paid employee of the online platform, or any combination thereof. (ff) In the case of content moderation that occurred through human labor by any individual that does not work for the online platform, the nature of such individual’s relationship to the online platform (such as a user, moderator, State actor, or representative of an external partner organization). (gg) The number and percentage of content moderation decisions subject to appeal or other form of secondary review. (hh) The number and percentage of content moderation decisions reversed on appeal or other form of secondary review. (ii) The number of content moderation decisions occurring in response to a government demand or request. (jj) The number of government demands or requests for content moderation broken down by Federal agency, State, municipality, or foreign nation. (kk) The types of content moderation decisions made. (ll) Other information that the Commission, by regulation, deems appropriate. (III) The ability to cross-reference each of the different types of information disclosed pursuant to subclause (II). (ii) Accessibility of report The transparency report required under subparagraph (A) shall be— (I) publicly available to any individual without such individual being required to create a user account; (II) conspicuous; (III) accessible; (IV) not misleading; and (V) available in each language in which the online platform provides services. (iii) Accessibility of report data The online platform shall— (I) provide any data in the transparency report required under subparagraph (A) in a machine-readable format; and (II) allow anyone to freely copy and use such data. (3) Rule of construction Nothing in this subsection shall require an online platform to collect personal information that the online platform would not otherwise collect. (c) Advertisement library Beginning 180 days after the date of enactment of this Act, any online platform (except for a small business) that uses personal information in combination with an algorithmic process to sell or publish an advertisement shall take all reasonable steps to maintain a library of such advertisements. The library shall— (1) be— (A) publicly available to any individual without such individual being required to create a user account; (B) conspicuous; (C) accessible; (D) not misleading; and (E) available in each language in which the online platform provides services; (2) present information in both human- and machine-readable formats; (3) allow any individual to freely copy and use the information contained in the library; (4) at a minimum, be searchable by date, location, topic, cost, advertiser, keyword, information disclosed pursuant to paragraph (6), or any other criteria that the Commission, by regulation, deems appropriate; (5) contain copies of all advertisements sold or published by the online platform for 2 years following the sale or publishing of each advertisement; and (6) for each advertisement entry, include— (A) the content of the advertisement; (B) all targeting criteria selected by the advertiser, including demographic information and non-precise geolocation information (except in the event that including a specific criterion would disclose personal information); (C) any data the online platform provided to the advertiser regarding to whom it sold or published the advertisement, including demographic information and non-precise geolocation information (except in the event that including specific data would disclose personal information); and (D) the name of the advertiser, the cost of the advertisement, the dates the advertisement was displayed on the online platform, and any other information that the Commission, by regulation, deems appropriate. (d) Certification Not later than 30 days after making any disclosure required by subsection (a)(1), (b), or (c), and annually thereafter, an online platform shall certify the accuracy and completeness of such disclosure. Such certification shall— (1) be signed, under oath, by the online platform’s chief executive officer, chief privacy officer, chief operating officer, chief information security officer, or another senior officer of equivalent stature; (2) attest that the officer described in paragraph (1) has personal knowledge sufficient to make such certification; and (3) in addition to any annual certification, be issued with any material change (which shall not include routine additions to or maintenance of entries in the advertising library pursuant to subsection (c)). 5. Right to data portability In promulgating regulations under this Act, the Commission shall require an online platform, if the online platform retains the personal information of a user, to provide to the user access to the personal information retained in the form of a portable electronic table that— (1) is in a usable and searchable format; and (2) allows the user to transfer such personal information from one online platform to another without hindrance. 6. Prohibited conduct (a) Public accommodations It shall be unlawful for an online platform to employ any proprietary online platform design features, including an algorithmic process, or otherwise process the personal information of an individual in a manner that segregates, discriminates in, or otherwise makes unavailable the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation on the basis of an individual’s or class of individuals’ actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, or disability status. (b) Equal opportunity It shall be unlawful for an online platform to employ any proprietary online platform design features, including an algorithmic process, or otherwise process the personal information of an individual for the purpose of advertising, marketing, soliciting, offering, selling, leasing, licensing, renting, or otherwise commercially contracting for housing, employment, credit, insurance, healthcare, or education opportunities in a manner that discriminates against or otherwise makes the opportunity unavailable on the basis of an individual’s or class of individuals’ actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, or disability status. (c) Voting rights It shall be unlawful for an online platform to process personal information in a manner that intentionally deprives, defrauds, or attempts to deprive or defraud any individual of their free and fair exercise of the right to vote in a Federal, State, or local election. Such manner includes: (1) Intentional deception regarding— (A) the time, place, or method of voting or registering to vote; (B) the eligibility requirements to vote or register to vote; (C) the counting of ballots; (D) the adjudication of elections; (E) explicit endorsements by any person or candidate; or (F) any other material information pertaining to the procedures or requirements for voting or registering to vote in a Federal, State, or local election; or (2) Intentionally using deception, threats, intimidation, fraud, or coercion to prevent, interfere with, retaliate against, deter, or attempt to prevent, interfere with, retaliate against, or deter an individual from— (A) voting or registering to vote in a Federal, State, or local election; or (B) supporting or advocating for a candidate in a Federal, State, or local election. (d) Discriminatory advertising (1) In general Not later than 2 years after the date of enactment of this Act, the Commission shall promulgate regulations to define and prohibit unfair or deceptive acts or practices with respect to advertising practices. (2) Periodic review of regulations The Commission shall review such regulations not less than once every 5 years and update the regulations as appropriate. (3) Considerations In promulgating regulations under this subsection, the Commission shall consider: (A) Established public policy, such as civil rights laws, to prevent discrimination and promote equal opportunity. (B) The state of the art of advertising. (C) Research of and methodologies for measuring discrimination in advertising. (D) The role of each actor in the advertising ecosystem. (E) Any harm caused by predatory or manipulative advertising practices, including practices targeting vulnerable populations. (F) Whether, and at what age, a minor is able to distinguish between editorial content and paid advertisements. (G) Methods for fairly promoting equal opportunity in housing, employment, credit, insurance, education, and healthcare through targeted outreach to underrepresented populations in a fair and non-deceptive manner. (H) The needs of small businesses. (I) Any other criteria the Commission deems appropriate. (e) Safety and effectiveness of algorithmic processes (1) In general It shall be unlawful for an online platform to employ an algorithmic process in a manner that is not safe and effective. (2) Safe For purposes of paragraph (1), an algorithmic process is safe— (A) if the algorithmic process does not produce any disparate outcome as described in the assessment conducted under section 4(a)(2)(A)(iv); or (B) if the algorithmic process does produce a disparate outcome as described in the assessment conducted under section 4(a)(2)(A)(iv), any such disparate outcome is justified by a non-discriminatory, compelling interest, and such interest cannot be satisfied by less discriminatory means. (3) Effective For purposes of paragraph (1), an algorithmic process is effective if the online platform employing or otherwise utilizing the algorithmic process has taken reasonable steps to ensure that the algorithmic process has the ability to produce its desired or intended result. (f) Discrimination by users of online platforms It shall be unlawful for a user of an online platform to utilize an algorithmic process on an online platform in a manner that— (1) withholds, denies, deprives, or attempts to withhold, deny, or deprive any individual of a right or privilege under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a et. seq.); (2) intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce any individual with the purpose of interfering with a right or privilege under title II of such Act; or (3) punishes or attempts to punish any individual for exercising or attempting to exercise a right or privilege under title II of such Act. (g) Exceptions Nothing in this section shall limit an online platform from processing personal information for the purpose of — (1) good faith internal testing to prevent unlawful discrimination, identify disparate outcomes or treatment, or otherwise determine the extent or effectiveness of the online platform’s compliance with this Act; or (2) advertising, marketing, or soliciting economic opportunities (which shall not be of lower quality or contain less desirable terms than similar opportunities the online platform advertises, markets, or solicits to the general population) to underrepresented populations in a fair and non-deceptive manner. (h) FTC advisory opinions An online platform may request guidance from the Commission with respect to the online platform’s potential compliance with this Act, in accordance with the Commission’s rules of practice on advisory opinions. (i) Preservation of rights and whistleblower protections; rules of construction (1) No conditional service An online platform may not condition or degrade the provision of a service or product to an individual based on the individual's waiver of any right guaranteed in this section. (2) No arbitration agreement or waiver No pre-dispute arbitration agreement or pre-dispute joint action waiver of any right guaranteed in this section shall be valid or enforceable with respect to a dispute arising under this Act. Any determination as to the scope or manner of applicability of this section shall be made by a court, rather than an arbitrator, without regard to whether such agreement purports to delegate such determination to an arbitrator. (3) Whistleblower protection An online platform may not, directly or indirectly, discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an individual for reporting or attempting to report a violation of this section. (4) Rule of construction Nothing in this section shall be construed to affect the application of section 230 of the Communications Act of 1934 (commonly known as section 230 of the Communications Decency Act of 1996 ) ( 47 U.S.C. 230 ) to an online platform or otherwise impose on an online platform legal liability for user generated content. 7. Interagency Task Force on Algorithmic Processes on Online Platforms (a) Establishment The Commission shall establish an interagency task force on algorithmic processes on online platforms (referred to in this section as the Task Force ) for the purpose of examining the discriminatory use of personal information by online platforms in algorithmic processes. (b) Membership (1) In general The Task Force established under this section shall include representatives from— (A) the Commission; (B) the Department of Education; (C) the Department of Justice; (D) the Department of Labor; (E) the Department of Housing and Urban Development; (F) the Department of Commerce; (G) the Department of Health and Human Services; (H) the Department of Veterans Affairs; (I) the Equal Employment Opportunity Commission; (J) the Consumer Financial Protection Bureau; (K) the Federal Communications Commission; (L) the Federal Elections Commission; and (M) the White House Office of Science and Technology Policy. (2) Chair The Task Force shall be co-chaired by 1 representative of the Commission and 1 representative of the Department of Justice. (3) Staff The Task Force shall hire such other personnel, including individuals with expertise in the intersection of civil rights and technology, as may be appropriate to enable the Task Force to perform its duties. (c) Study and Report (1) Study The Task Force shall conduct a study on the discriminatory use of personal information by online platforms in algorithmic processes. Such study shall include the following: (A) Discriminatory use of personal information in the advertisement of (including the withholding of an advertisement) housing opportunities. (B) Discriminatory use of personal information in the advertisement of (including the withholding of an advertisement) credit, lending, or other financial services opportunities. (C) Discriminatory use of personal information in the advertisement of (including the withholding of an advertisement) employment opportunities. (D) Discriminatory use of personal information in the advertisement of (including the withholding of an advertisement) education opportunities. (E) Discriminatory use of personal information in the advertisement of (including the withholding of an advertisement) insurance opportunities. (F) Discriminatory use of personal information or biometric information by employers in the surveillance or monitoring of workers. (G) Discriminatory use of personal information on online platforms involved in hiring screening practices. (H) Discriminatory use of personal information or biometric information in education, including the use of— (i) student personal information for predictive forecasting on student ability or potential for purposes of admissions decisions; and (ii) automated proctoring software that monitors, analyzes, or otherwise processes student biometric information to identify suspicious behavior, including any discriminatory outcomes associated with the use of such software. (I) Discriminatory use of user biometric information. (J) Use of personal information by disinformation campaigns for the purpose of political disenfranchisement. (K) Any other discriminatory use of personal information. (2) Report Not later than 180 days after the date of enactment of this Act, and biennially thereafter, the Task Force shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Task Force determines appropriate. (d) Funding Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Commission such sums as are necessary to carry out this section. Amounts appropriated under the preceding sentence shall remain available until expended. 8. Enforcement (a) Enforcement by the Commission (1) Unfair or deceptive acts or practice A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission (A) In general The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (B) Privileges and immunities Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (3) Rulemaking The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act. (b) Enforcement by States (1) Authorization Subject to paragraph (2), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is adversely affected by the engagement of any person in an act or practice that violates this Act or a regulation promulgated under this Act, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to— (A) enjoin that act or practice; (B) enforce compliance with this Act or the regulation; (C) obtain damages, civil penalties, restitution, or other compensation on behalf of the residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Rights of the Commission (A) Notice to the Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by the Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Action by the Commission If the Commission institutes a civil action with respect to a violation of this Act, the attorney general of a State may not, during the pendency of the action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (c) Enforcement by the Department of Justice (1) In general The Attorney General may bring a civil action to enforce section 6(a), (b), (c), (e), (f), or (i) in an appropriate district court of the United States. (2) Coordination with the Commission The Attorney General shall, when reasonable and appropriate, consult and coordinate with the Commission on a civil action brought under paragraph (1). (3) Relief In any civil action brought under paragraph (1), the court may impose injunctive relief, declaratory relief, damages, civil penalties, restitution, and any other relief the court deems appropriate. (d) Enforcement by individuals (1) In general Any individual alleging a violation of section 6(a), (b), or (c), or a regulation promulgated thereunder, may bring a civil action in any court of competent jurisdiction, State or Federal. (2) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award— (A) an amount equal to $2,500 or actual damages, whichever is greater; (B) punitive damages; (C) reasonable attorney's fees and litigation costs; and (D) any other relief, including injunctive or declaratory relief, that the court determines appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s1896is/xml/BILLS-117s1896is.xml |
117-s-1897 | II 117th CONGRESS 1st Session S. 1897 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Daines (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Federal Trade Commission to submit to Congress a report on unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes, and for other purposes.
1. Short title This Act may be cited as the Protecting Indian Tribes from Scams Act . 2. Protecting Indian Tribes from unfair or deceptive acts or practices (a) FTC report on unfair or deceptive acts or practices targeting Indian Tribes Not later than 1 year after the date of the enactment of this Act, and after consultation with Indian Tribes, the Commission shall make publicly available on the website of the Commission and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes, including— (1) a description of the types of unfair or deceptive acts or practices identified by the Commission as being targeted at Indian Tribes or members of Indian Tribes; (2) a description of the consumer education activities of the Commission with respect to such acts or practices; (3) a description of the efforts of the Commission to collaborate with Indian Tribes to prevent such acts or practices or to pursue persons using such acts or practices; (4) a summary of the enforcement actions taken by the Commission related to such acts or practices; and (5) any recommendations for legislation to prevent such acts or practices. (b) Increasing awareness of unfair or deceptive acts or practices targeting Indian Tribes Not later than 6 months after the date of the submission of the report required by subsection (a), the Commission shall update the website of the Commission to include information for consumers and businesses on identifying and avoiding unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes. (c) Commission defined In this section, the term Commission means the Federal Trade Commission. | https://www.govinfo.gov/content/pkg/BILLS-117s1897is/xml/BILLS-117s1897is.xml |
117-s-1898 | II 117th CONGRESS 1st Session S. 1898 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Smith (for herself, Ms. Warren , Mr. Blumenthal , Ms. Klobuchar , Mr. Merkley , Mr. Reed , Ms. Baldwin , Ms. Hassan , Mr. Booker , Mr. Sanders , Mr. Brown , Mrs. Gillibrand , Mr. Whitehouse , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To ensure medications are affordable.
1. Short title; table of contents (a) Short title This Act may be cited as the Affordable Medications Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Transparency Sec. 101. Drug manufacturer reporting. Sec. 102. Determining the public and private benefit of copayment coupons and other patient assistance programs. TITLE II—Access and Affordability Sec. 201. Negotiating fair prices for Medicare prescription drugs. Sec. 202. Prescription drug price spikes. Sec. 203. Importing affordable and safe drugs. Sec. 204. Requiring drug manufacturers to provide drug rebates for drugs dispensed to low-income individuals. Sec. 205. Cap on prescription drug cost-sharing. Sec. 206. Modification of trade negotiating objectives relating to intellectual property rights to ensure access to biological products. TITLE III—Innovation Sec. 301. Innovation incentive fund for new and more effective treatments of bacterial infections. Sec. 302. Public funding for clinical trials. Sec. 303. Rewarding innovative drug development. Sec. 304. Improving program integrity. TITLE IV—Choice and Competition Sec. 401. Unlawful compensation for delay. Sec. 402. 180-day exclusivity period amendments regarding first applicant status. Sec. 403. 180-day exclusivity period amendments regarding agreements to defer commercial marketing. Sec. 404. Increasing drug competition and preventing drug shortages. Sec. 405. Disallowance of deduction for advertising for prescription drugs. Sec. 406. Drug manufacturer duty to disclose drug prices to practitioners. I Transparency 101. Drug manufacturer reporting Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq.) is amended by adding at the end the following: 399V–7. Drug manufacturer reporting (a) Definitions In this section: (1) Independent charity patient assistance program The term independent charity patient assistance program means any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code and which is not a private foundation (as defined in section 509(a) of such Code) that offers patient assistance. (2) Manufacturer patient assistance program The term manufacturer patient assistance program means an organization, including a private foundation (as so defined), that is sponsored by, or receives funding from, a manufacturer and that offers patient assistance. Such term does not include an independent charity patient assistance program. (3) Patient assistance The term patient assistance means assistance provided to offset the cost of drugs for individuals. Such term includes free products, coupons, rebates, copay or discount cards, and other means of providing assistance to individuals related to drug costs, as determined by the Secretary. (b) Reporting on domestic sales An applicable manufacturer of an approved drug (including a drug approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act and a biological product licensed under subsection (a) or (k) of section 351 of this Act) shall submit to the Secretary and to Congress an annual report, in such format as the Secretary shall require, outlining with respect to the previous calendar year (except as provided in subsection (c)(3))— (1) with respect to each such drug— (A) the total expenditures of the manufacturer on— (i) domestic and foreign drug research and development, including an itemized description of— (I) basic and preclinical research; (II) clinical research, broken out by clinical trial phase; (III) development of alternative dosage forms and strengths for the drug molecule or combinations, including the molecule; (IV) other drug development activities, such as nonclinical laboratory studies and record and report maintenance; (V) pursuing new or expanded indications for such drug through supplemental applications under section 505 of the Federal Food, Drug, and Cosmetic Act; (VI) carrying out postmarket requirements related to such drug, including under section 505(o)(3) of such Act; (VII) carrying out risk evaluation and mitigation strategies in accordance with section 505–1 of such Act; and (VIII) marketing research; (ii) cost of goods sold, broken out by source and cost of each component and identifying specific costs that reflect internal transfers within the manufacturer's company; (iii) acquisition costs in total and per unit sold, including costs for the purchase of patents and licensing; and (iv) marketing and advertising for the promotion of the drug, including a breakdown of amounts aimed at consumers, prescribers, managed care organizations, and others; (B) the gross revenue, net revenue, gross profit, and net profit to the manufacturer; (C) the total number of units of the prescription drug that were sold in interstate commerce in the most recently completed calendar year; (D) pricing information, including— (i) wholesale acquisition cost; (ii) net average price realized by pharmacy benefit managers for drugs provided to individuals in the United States, after accounting for any rebates or other payments from the manufacturer to the pharmacy benefit manager and from the pharmacy benefit manager to the manufacturer; and (iii) the net price of the drug, after accounting for discounts, rebates, or other financial considerations, charged to purchasers in each applicable country of the Organisation for Economic Co-operation and Development; (E) information, including the dollar value to the recipient of manufacturer patient assistance programs offered by the manufacturer or a manufacturer patient assistance program sponsored by or associated with the manufacturer, per patient, including— (i) the specific forms of such patient assistance available, such as coupons, rebates, discount codes, or copayment cards; (ii) the total dollar value of each manufacturer patient assistance program and the dollar value of each program to the patient, including the basis used to assign value to the manufacturer patient assistance program; (iii) the duration of each type of such patient assistance available; and (iv) any requirements, such as income thresholds, for how to qualify for such patient assistance; (F) information on usage of patient assistance offered by the manufacturer or a manufacturer patient assistance program sponsored by or associated with the manufacturer, including— (i) the number of transactions of each type of patient assistance used; (ii) the number of individuals receiving each type of patient assistance; (iii) the total value of each type of patient assistance that was used; (iv) the average length of time that each individual received each type of patient assistance; (v) the number of individuals who were discontinued from receiving each type of patient assistance; and (vi) complete documentation of the terms and conditions for an individual agreeing to participate in the program for each type of patient assistance provided; (G) any Federal benefits received by the manufacturer, including the amounts and periods of impact for each such benefit, including tax credits, patent applications that benefitted from a Federal grant, patent extensions, exclusivity periods, and other Federal benefits with respect to such drug; and (H) the percentage of research and development expenditures on— (i) activities conducted by the manufacturer; (ii) activities funded by Federal entities; and (iii) activities conducted by other entities such as academic institutions or other drug manufacturers; (2) executive compensation for the chief executive officer, chief financial officer, and the three other most highly compensated executive officers, including bonuses, paid by such manufacturer, and stock options affiliated with the manufacturer that were offered to or accrued by such officers; (3) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on drug research, drug development, and clinical trials on drugs that failed to receive approval by the Food and Drug Administration, a list of drugs and drug prices against which the manufacturer compared the applicable drug, and other relevant information; and (4) any other information as the Secretary may require. (c) Submission of reports (1) In general (A) Submission by drug manufacturers Drug manufacturers shall submit the annual reports required under this section submitted to the Secretary in a usable format, as the Secretary may require. (B) Collation by the Secretary The Secretary shall collate the reports received as described in subparagraph (A) and submit such collated reports to Congress, together with an analysis of the reports by the Secretary that includes— (i) a summary of data from the reports; (ii) consideration of factors such as trends on research and development costs, Federal benefits, and manufacturer patient assistance programs; and (iii) the relationship between the factors described in clause (ii) and prescription drug prices. (C) Public availability The Secretary shall make the reports submitted by manufacturers as described in subparagraph (A) and the collated reports together with the analysis of the Secretary described in subparagraph (B) publicly available, including by posting such reports to the internet website of the Department of Health and Human Services, in a searchable format. In publicizing such reports, the Secretary may redact such proprietary information as the Secretary determines appropriate. (2) Single reports A drug manufacturer shall submit all information required under subsection (b) with respect to each applicable drug, in a single, annual report. (3) Initial report (A) In general An applicable drug manufacturer shall submit a report pursuant to this section one year after the date of enactment of the Affordable Medications Act (except as provided in subparagraph (B)) that includes the information required under subsection (b)(1) with respect to each calendar year since the drug for which the report is required was approved under section 505 of the Federal Food, Drug, and Cosmetic Act, licensed under section 351 of this Act, or received an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act or section 351(a)(3) of this Act, or the calendar year in which the manufacturer acquired the drug. (B) Small businesses In the case of an applicable drug manufacturer that has fewer than 500 employees, the initial report described in subparagraph (A) shall be submitted by a date determined by the Secretary, which shall be not earlier than the date described in subparagraph (A) and not later than the date that is 3 years after the date of enactment of the Affordable Medications Act . (d) Penalty for noncompliance The Secretary shall report to the Office of the Inspector General any manufacturer's failure to submit a complete report as required under this section. Any manufacturer that fails to submit a complete report required under this section shall be subject to a civil penalty of up to $200,000 for each day on which the violation continues. The Secretary shall collect the civil penalties under this subsection, and without further appropriation, shall use such funds to support the programs under sections 409K and 485E, and, at the discretion of the Secretary, research of the National Institutes of Health and other activities authorized under the Affordable Medications Act , including any amendments made by such Act. . 102. Determining the public and private benefit of copayment coupons and other patient assistance programs (a) Information reporting by independent charity patient assistance programs Section 6033(b) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (15)(B), by striking and at the end, (2) by redesignating paragraph (16) as paragraph (17), and (3) by inserting after paragraph (15) the following new paragraph: (16) the total amount of patient assistance (within the meaning of section 399V–7 of the Public Health Service Act) provided to individuals who are prescribed drugs manufactured by any contributor to the organization, and . (b) GAO study and report on impact of copayment coupons and other patient assistance programs on prescription drug pricing and expenditures (1) Study The Comptroller General of the United States shall conduct a study on the impact of copayment coupons and other patient assistance programs on prescription drug pricing and expenditures. Such study shall include an analysis of the following: (A) The extent to which copayment coupons and patient assistance programs contribute to inflated prescription drug prices and health insurance premiums, including with respect to— (i) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); (ii) the Medicare program under title XVIII of such Act ( 42 U.S.C. 1395 et seq.); (iii) the TRICARE program under chapter 55 of title 10, United States Code; (iv) health care under the laws administered by the Secretary of Veterans Affairs; (v) the commercial health insurance market; and (vi) the cash pay health market. (B) The extent to which manufacturers offering copayment coupons and other patient assistance programs or sponsoring manufacturer patient assistance programs report obtaining tax deductions for offering or sponsoring such assistance (either as business expenses or charitable deductions), including— (i) the total reported value of the tax deductions claimed by manufacturers for offering or sponsoring patient assistance programs during the 10 years preceding the date of enactment of this Act; (ii) a description of the methodology manufacturers reported for assigning a value to the tax deduction claimed by manufacturers for offering or sponsoring patient assistance programs; and (iii) a description of the extent to which the activities of independent charity patient assistance programs, which are sponsored by, or receive funding from, pharmaceutical manufacturers (as determined using tax returns, sales data, and other public disclosures) provide a financial benefit to the manufacturers that sponsor them. (C) Oversight that is conducted to ensure that independent charity patient assistance programs adhere to guidance from the Office of the Inspector General of the Department of Health and Human Services on avoiding waste, fraud, and abuse. (2) Definitions In this subsection, the terms patient assistance , independent charity patient assistance program , and manufacturer patient assistance program have the meanings given those terms under section 399V–7 of the Public Health Service Act, as added by section 101. (3) Report Not later than 2 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 findings of the study required under this subsection. II Access and Affordability 201. Negotiating fair prices for Medicare prescription drugs (a) Negotiating fair prices (1) In general Section 1860D–11 of the Social Security Act ( 42 U.S.C. 1395w–111 ) is amended by striking subsection (i) (relating to noninterference) and by inserting the following: (i) Negotiating fair prices with drug manufacturers (1) In general Notwithstanding any other provision of law, in furtherance of the goals of providing quality care and containing costs under this part, the Secretary shall, with respect to applicable covered part D drugs, and may, with respect to other covered part D drugs, negotiate, using the negotiation technique or techniques that the Secretary determines will maximize savings and value to the government for prescription drug plans and MA–PD plans and for plan enrollees (in a manner that may be similar to Federal entities and that may include, but is not limited to, formularies, reference pricing, discounts, rebates, other price concessions, and coverage determinations), with drug manufacturers the prices that may be charged to PDP sponsors and MA organizations for such drugs for part D eligible individuals who are enrolled in a prescription drug plan or in an MA–PD plan. In conducting such negotiations, the Secretary shall consider the drug’s current price, initial launch price, prevalence of disease and usage, and approved indications, the number of similarly effective alternative treatments for each approved use of the drug, the budgetary impact of providing coverage under this part for such drug for all individuals who would likely benefit from the drug, evidence on the drug’s effectiveness and safety compared to similar drugs, and the quality and quantity of clinical data and rigor of the applicable process of approval of a drug under section 505 of the Federal Food, Drug, and Cosmetic Act or a biological product under section 351 of the Public Health Service Act. (2) Use of lower of VA or big four price if negotiations fail If, after attempting to negotiate for a price with respect to a covered part D drug under paragraph (1) for a period of 1 year, the Secretary is not successful in obtaining an appropriate price for the drug (as determined by the Secretary), the Secretary shall establish the price that may be charged to PDP sponsors and MA organizations for such drug for part D eligible individuals who are enrolled in a prescription drug plan or in an MA–PD plan at an amount equal to the lesser of— (A) the price paid by the Secretary of Veterans Affairs to procure the drug under the laws administered by the Secretary of Veterans Affairs; or (B) the price paid to procure the drug under section 8126 of title 38, United States Code. (3) Applicable covered part D drug defined For purposes of this subsection, the term applicable covered part D drug means a covered part D drug that the Secretary determines to be appropriate for negotiation under paragraph (1) based on one or more of the following factors as applied to such drug: (A) Spending on a per beneficiary basis. (B) The proportion of total spending under this title. (C) Unit price increases over the preceding 5 years. (D) Initial launch price. (E) Availability of less expensive, similarly effective alternative treatments. (F) Status of the drug as a follow-on to previously approved drugs. (G) Any other criteria determined by the Secretary. (4) PDP sponsors and MA organization may negotiate lower prices Nothing in this subsection shall be construed as preventing the sponsor of a prescription drug plan, or an organization offering an MA–PD plan, from obtaining a discount or reduction of the price for a covered part D drug below the price negotiated under paragraph (1) or the price established under paragraph (2). (5) No effect on existing appeals process Nothing in this subsection shall be construed to affect the appeals procedures under subsections (g) and (h) of section 1860D–4. . (2) Effective date The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall first apply to negotiations and prices for plan years beginning on January 1, 2022. (b) Requirement To include a link to the Medicare Drug Spending Dashboard on the Medicare Plan Finder Beginning not later than January 1, 2022, the Secretary of Health and Human Services shall ensure that the Medicare Plan Finder on the Medicare.gov internet website includes a link to the Medicare Drug Spending Dashboard on the CMS.gov internet website. Such link shall be easily accessible on the Medicare Plan Finder. (c) Reports to Congress (1) Secretary of HHS (A) In general Not later than 3 years after the date of the enactment of this Act, and every 6 months thereafter, the Secretary of Health and Human Services shall submit to Congress a report on the following: (i) The price negotiations conducted by the Secretary under section 1860D–11(i) of the Social Security Act ( 42 U.S.C. 1395w–111(i) ), as amended by subsection (a), including a description of— (I) how such price negotiations are achieving lower prices for covered part D drugs (as defined in section 1860D–2(e) of the Social Security Act ( 42 U.S.C. 1395w–102(e) )) for Medicare beneficiaries; (II) how such lower prices are passed through to Medicare beneficiaries; (III) how such price negotiations are affecting drug prices in the private market; and (IV) how such price negotiations are affecting the list price of covered part D drugs. (ii) Data on spending under part D of the Medicare program on covered part D drugs, including data on covered part D drugs with— (I) spending on a per beneficiary basis that is above the median spending on other drugs in the same class or above the median spending of other drug classes; and (II) high unit cost increases over the past five years, especially where such increases are greater than the increases for covered part D drugs in general. (iii) A list of the covered part D drugs with no therapeutic substitute and data on spending under part D of the Medicare program on such drugs. (iv) Access to covered part D drugs and, where available, compliance rates and health outcomes associated with compliance rates. (v) Appeals by enrollees with respect to covered part D drugs not included on plan formularies. (B) Public availability of report The Secretary of Health and Human Services shall publish on the internet website of the Centers for Medicare & Medicaid Services a copy of each report submitted under subparagraph (A), including the detailed tables, figures, and data published in the report and its appendices. (2) MedPAC (A) Study The Comptroller General of the United States shall conduct a study on the price negotiations conducted by the Secretary under section 1860D–11(i) of the Social Security Act ( 42 U.S.C. 1395w–111(i) ), as amended by subsection (a), including an analysis of— (i) how such price negotiations are achieving lower prices for covered part D drugs (as defined in section 1860D–2(e) of the Social Security Act ( 42 U.S.C. 1395w–102(e) )) for Medicare beneficiaries; (ii) who is benefiting from such lower prices, such as Medicare beneficiaries, the Federal Government, States, prescription drug plans and MA–PD plans, or other entities; (iii) how such price negotiations are a factor affecting drug prices in the private market; and (iv) how such price negotiations are a factor affecting the list price of covered part D drugs. (B) Report Not later than January 1, 2024, the Comptroller General of the United States shall submit to Congress a report on the study conducted under subparagraph (A), together with recommendations for improving such price negotiations. (d) CMI testing of negotiating drug and biological prices To improve value Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) ) is amended— (1) in subparagraph (A), by adding at the end the following new sentence: The models selected under this subparagraph shall include at least three of the models described in subparagraph (D), which shall be implemented by not later than 18 months after the date of the enactment of the Affordable Medications Act ; and (2) by adding at the end the following new subparagraph: (D) Models of negotiating drug and biological prices to improve value The models described in this subparagraph are the following models for negotiating drug and biological prices under the applicable titles (including under both parts B and D of title XVIII) in order to improve the value of payments for such drugs and biologicals under such titles: (i) Discounting or eliminating patient cost-sharing on high-value drugs and biologicals. (ii) Value-based formularies. (iii) Indications-based pricing. (iv) Reference pricing. (v) Risk-sharing agreements based on outcomes. (vi) Pricing based on comparative effectiveness research. (vii) Episode-based payments for chemotherapy and other conditions determined appropriate by the Secretary. (viii) Alternative ways of paying for drugs and biologicals under part B of title XVIII. (ix) Other models determined appropriate by the Secretary. . 202. Prescription drug price spikes (a) Identification of prescription drug price spikes (1) Definitions In this subsection: (A) Applicable entity The term applicable entity means the holder of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or of a license issued under subsection (a) or (k) of section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for a drug described in paragraph (5)(A). (B) Average manufacturer price The term average manufacturer price — (i) has the same meaning given such term under section 1927(k)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(1) ); or (ii) with respect to a drug for which there is no average manufacturer price as so defined, such term shall mean the wholesale acquisition cost of the drug. (C) Commerce The term commerce has the meaning given such term in section 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 ). (D) Inspector General The term Inspector General means the Inspector General of the Department of Health and Human Services. (E) Prescription drug (i) In general The term prescription drug means any drug (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(g) )), including a combination product whose primary mode of action is determined under section 503(g) of such Act ( 21 U.S.C. 353(g) ) to be that of a drug, and that— (I) is subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ); and (II) is covered by a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))). (ii) Treatment of reformulated drugs For purposes of this subsection, a prescription drug with respect to which the Secretary of Health and Human Services has approved any minor reformulation that does not produce a meaningful therapeutic benefit, the drug that was approved prior to any such reformulation and the drug with any such reformulation shall be considered one prescription drug. (F) Price spike (i) In general The term price spike means an increase in the average manufacturer price in commerce of a prescription drug for which the price spike percentage is equal to or greater than applicable price increase allowance. (ii) Price spike percentage The price spike percentage is the percentage (if any) by which— (I) the average manufacturer price of a prescription drug in commerce for the calendar year; exceeds (II) the average manufacturer price of such prescription drug in commerce for the calendar year preceding such year. (iii) Applicable price increase allowance The applicable price increase allowance for any calendar year is the percentage (rounded to the nearest one-tenth of 1 percent) by which the C–CPI–U (as defined in section 1(f)(6) of the Internal Revenue Code of 1986) for that year exceeds the C–CPI–U for the preceding calendar year. (G) Price spike revenue (i) In general The price spike revenue for any calendar year is an amount equal to— (I) the gross price spike revenue; minus (II) the adjustment amount. (ii) Gross price spike revenue The gross price spike revenue for any calendar year is an amount equal to the product of— (I) an amount equal to the difference between subclause (I) of subparagraph (F)(ii) and subclause (II) of such subparagraph; and (II) the total number of units of the prescription drug which were sold in commerce in such calendar year. (iii) Adjustment amount The adjustment amount is the amount, if any, of the gross price spike revenue which the Inspector General has determined is due solely to an increase in the cost of the inputs necessary to manufacture the prescription drug subject to the price spike. (2) Submission by pharmaceutical companies of information to Inspector General (A) In general For each prescription drug, the applicable entity shall submit to the Inspector General a quarterly report that includes the following: (i) For each prescription drug of the applicable entity— (I) the total number of units of the prescription drug which were sold in commerce in the preceding calendar quarter; (II) the average and median price per unit of such prescription drug in commerce in the preceding calendar quarter, disaggregated by month; and (III) the gross revenues from sales of such prescription drug in commerce in the preceding calendar quarter. (ii) Such information related to increased input costs or public health considerations as the applicable entity may wish the Inspector General to consider in making a determination under subclause (II) of paragraph (3)(B)(ii) or an assessment in subclause (III) of such paragraph for the preceding calendar quarter. (iii) Such information related to any anticipated increased input costs for the subsequent calendar quarter as the applicable entity may wish the Inspector General to consider in making a determination under subclause (II) of paragraph (3)(B)(ii) or an assessment in subclause (III) of such paragraph for such calendar quarter. (B) Penalty for failure to submit (i) In general An applicable entity described in subparagraph (A) that fails to submit information to the Inspector General regarding a prescription drug, as required by such subparagraph, before the date specified in subparagraph (C) shall be liable for a civil penalty, as determined under clause (ii). (ii) Amount of penalty The amount of the civil penalty shall be equal to the product of— (I) an amount, as determined appropriate by the Inspector General, which is— (aa) not less than 0.5 percent of the gross revenues from sales of the prescription drug described in clause (i) for the preceding calendar year, and (bb) not greater than 1 percent of the gross revenues from sales of such prescription drug for the preceding calendar year, and (II) the number of days in the period between— (aa) the applicable date specified in subparagraph (C), and (bb) the date on which the Inspector General receives the information described in subparagraph (A) from the applicable entity. (C) Submission deadline An applicable entity shall submit each quarterly report described in subparagraph (A) not later than January 17, April 18, June 15, and September 15 of each calendar year. (3) Assessment by Inspector General (A) In general Not later than the last day in February of each year, the Inspector General, in consultation with other relevant Federal agencies (including the Federal Trade Commission), shall— (i) complete an assessment of the information the Inspector General received pursuant to paragraph (2)(A) with respect to sales of prescription drugs in the preceding calendar year; and (ii) in the case of any prescription drug which satisfies the conditions described in subparagraph (A) or (B) of paragraph (4), submit a recommendation to the Secretary of Health and Human Services that such drug be exempted from application of the tax imposed under section 4191 of the Internal Revenue Code of 1986 (as added by subsection (b) of this section) for such year. (B) Elements The assessment required by subparagraph (A) shall include the following: (i) Identification of each price spike relating to a prescription drug in the preceding calendar year. (ii) For each price spike identified under clause (i)— (I) a determination of the price spike revenue; (II) a determination regarding the accuracy of the information submitted by the applicable entity regarding increased input costs; and (III) an assessment of the rationale of the applicable entity for the price spike. (4) Exemption of certain drugs (A) In general The Secretary of Health and Human Services, upon recommendation of the Inspector General pursuant to paragraph (3)(A)(ii), may exempt any prescription drug which has been subject to a price spike during the preceding calendar year from application of the tax imposed under section 4191 of the Internal Revenue Code of 1986 for such year, if the Secretary determines that— (i) based on information submitted pursuant to paragraph (2)(A)(ii), a for-cause price increase exemption should apply; or (ii) (I) the prescription drug which has been subject to a price spike has an average manufacturer price of not greater than $10 for a 30-day supply; and (II) such drug is marketed by not less than three other holders of applications approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ), where such applications approved under such subsection (j) use as a reference drug the drug so approved under such subsection (c). (B) Clarification In considering, under subparagraph (A)(i), information submitted pursuant to paragraph (2)(A)(ii), the Secretary— (i) has the discretion to determine that such information does not warrant a for-cause price increase exemption; and (ii) shall exclude from such consideration any information submitted by the applicable entity threatening to curtail or limit production of the prescription drug if the Secretary does not grant an exemption from the application of the tax under section 4191 of the Internal Revenue Code of 1986. (5) Inspector General report to Internal Revenue Service (A) In general Subject to subparagraph (C), not later than the last day in February of each year, the Inspector General shall transmit to the Internal Revenue Service a report on the findings of the Inspector General with respect to the information the Inspector General received under paragraph (2)(A) with respect to the preceding calendar year and the assessment carried out by the Inspector General under paragraph (3)(A) with respect to such information. (B) Contents The report transmitted under subparagraph (A) shall include the following: (i) The information received under paragraph (2)(A) with respect to the preceding calendar year. (ii) The price spikes identified under clause (i) of paragraph (3)(B). (iii) The price spike revenue determinations made under clause (ii)(I) of such paragraph. (iv) The determinations and assessments made under subclauses (II) and (III) of clause (ii) of such paragraph. (C) Notice and opportunity for hearing (i) In general No report shall be transmitted to the Internal Revenue Service under subparagraph (A) in regards to a prescription drug unless the Inspector General has provided the applicable entity with— (I) the assessment of such drug under paragraph (3)(A); and (II) notice of their right to a hearing in regards to such assessment. (ii) Notice The notice required under clause (i) shall be provided to the applicable entity not later than 30 days after completion of the assessment under paragraph (3)(A). (iii) Request for hearing Subject to clause (v), an applicable entity may request a hearing before the Secretary of Health and Human Services not later than 30 days after the date on which the notice under clause (ii) is received. (iv) Completion of hearing In the case of an applicable entity which requests a hearing pursuant to clause (iii), the Secretary of Health and Human Services shall, not later than 12 months after the date on which the assessment under paragraph (3)(A) was completed by the Inspector General— (I) make a final determination in regards the accuracy of such assessment; and (II) provide the report described in subparagraph (B) to the Internal Revenue Service. (v) Limitation An applicable entity may request a hearing under clause (iii) with respect to a particular prescription drug only once within a 5-year period. (D) Publication (i) In general Not later than the last day in February of each year, subject to clause (ii), the Inspector General shall make the report transmitted under subparagraph (A) available to the public, including on the internet website of the Inspector General. (ii) Proprietary information The Inspector General shall ensure that any information made public in accordance with clause (i) excludes trade secrets and confidential commercial information. (6) Notification The Secretary of the Treasury, in conjunction with the Inspector General, shall notify, at such time and in such manner as the Secretary of the Treasury shall provide, each applicable entity in regard to any prescription drug which has been determined to have been subject to a price spike during the preceding calendar year and the amount of the tax imposed on such applicable entity pursuant to section 4191 of the Internal Revenue Code of 1986. (b) Excise tax on prescription drugs subject to price spikes (1) In general Chapter 32 of the Internal Revenue Code of 1986 is amended by inserting after subchapter D the following new subchapter: E Prescription drugs Sec. 4191. Prescription drugs subject to price spikes. 4191. Prescription drugs subject to price spikes (a) Imposition of tax (1) In general Subject to paragraph (3), for each taxable prescription drug sold by an applicable entity during the calendar year, there is hereby imposed on such entity a tax equal to the greater of— (A) the annual price spike tax for such prescription drug, or (B) subject to paragraph (2), the cumulative price spike tax for such prescription drug. (2) Limitation In the case of a taxable prescription drug for which the applicable period (as determined under subsection (c)(2)(E)(i)) is less than 2 calendar years, the cumulative price spike tax shall not apply. (3) Exemption For any calendar year in which the Secretary of Health and Human Services has provided an exemption for a taxable prescription drug pursuant to section 202(a)(4) of the Affordable Medications Act , the amount of the tax determined under paragraph (1) for such drug or device for such calendar year shall be reduced to zero. (b) Annual price spike tax (1) In general The amount of the annual price spike tax shall be equal to the applicable percentage of the price spike revenue received by the applicable entity on the sale of the taxable prescription drug during the calendar year. (2) Applicable percentage For purposes of paragraph (1), the applicable percentage shall be equal to— (A) in the case of a taxable prescription drug which has been subject to a price spike percentage greater than the applicable price increase allowance (as defined in section 202(a)(1)(F)(iii) of the Affordable Medications Act ) but less than 15 percent, 50 percent, (B) in the case of a taxable prescription drug which has been subject to a price spike percentage equal to or greater than 15 percent but less than 20 percent, 75 percent, and (C) in the case of a taxable prescription drug which has been subject to a price spike percentage equal to or greater than 20 percent, 100 percent. (c) Cumulative price spike tax (1) In general The amount of the cumulative price spike tax shall be equal to the applicable percentage of the cumulative price spike revenue received by the applicable entity on the sale of the taxable prescription drug during the calendar year. (2) Applicable percentage (A) In general For purposes of paragraph (1), the applicable percentage shall be equal to— (i) in the case of a taxable prescription drug which has been subject to a cumulative price spike percentage greater than the cumulative price increase allowance but less than the first multi-year percentage, 50 percent, (ii) in the case of a taxable prescription drug which has been subject to a cumulative price spike percentage equal to or greater than the first multi-year percentage but less than the second multi-year percentage, 75 percent, and (iii) in the case of a taxable prescription drug which has been subject to a cumulative price spike percentage equal to or greater than the second multi-year percentage, 100 percent. (B) Cumulative price spike percentage The cumulative price spike percentage is the percentage (if any) by which— (i) the average manufacturer price of the taxable prescription drug in commerce for the preceding calendar year, exceeds (ii) the average manufacturer price of such prescription drug in commerce for the base year. (C) Cumulative price increase allowance For purposes of clause (i) of subparagraph (A), the cumulative price increase allowance for any calendar year is the percentage (rounded to the nearest one-tenth of 1 percent) by which the C–CPI–U (as defined in section 1(f)(6)) for that year exceeds the C–CPI–U for the base year. (D) Multi-year percentages For purposes of subparagraph (A), the first multi-year percentage and second multi-year percentage shall be determined in accordance with the following table: Number of years in applicable period First multi-year percentage Second multi-year percentage 2 years 17.5 22.5 3 years 20 25 4 years 22.5 27.5 5 years 25 30. (E) Applicable period and base year (i) Applicable period The applicable period shall be the lesser of— (I) the 5 preceding calendar years, (II) all calendar years beginning after the date of enactment of this section, or (III) all calendar years in which the taxable prescription drug was sold in commerce. (ii) Base year The base year shall be the calendar year immediately preceding the applicable period. (3) Cumulative price spike revenue For purposes of paragraph (1), the cumulative price spike revenue for any taxable prescription drug shall be an amount equal to— (A) an amount equal to the product of— (i) an amount (not less than zero) equal to— (I) the average manufacturer price of such prescription drug in commerce for the preceding calendar year, minus (II) the average manufacturer price of such prescription drug in commerce for the base year, and (ii) the total number of units of such prescription drug which were sold in commerce in the preceding calendar year, minus (B) an amount equal to the sum of the adjustment amounts, if any, determined under section 202(a)(1)(G)(iii) of the Affordable Medications Act for each calendar year during the applicable period. (d) Definitions For purposes of this section— (1) Taxable prescription drug The term taxable prescription drug means a prescription drug (as defined in section 202(a)(1)(E) of the Affordable Medications Act ) which has been identified by the Inspector General of the Department of Health and Human Services, under section 202(a)(3)(B)(i) of such Act, as being subject to a price spike. (2) Other terms The terms applicable entity , average manufacturer price , price spike , price spike percentage , and price spike revenue have the same meaning given such terms under section 202(a)(1) of the Affordable Medications Act . . (2) Clerical amendment The table of subchapters for chapter 32 of such Code is amended by inserting after the item relating to subchapter D the following new item: Subchapter E. Prescription drugs . (3) Effective date The amendments made by this subsection shall apply to sales after the date of the enactment of this Act. (c) Revenues collected There are authorized to be appropriated to the Secretary of Health and Human Services such sums as are equal to any increase in revenue to the Treasury by reason of the provisions of this section or the amendments made by this section for the purposes of— (1) funding or conducting research on the economic and policy implications of price patterns of prescription drugs; (2) increasing amounts available to the National Institutes of Health for research and development of drugs; (3) reducing prescription drug cost-sharing for patients; or (4) reducing health insurance premiums. 203. Importing affordable and safe drugs (a) In general Section 804 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 384 ) is amended to read as follows: 804. Importation of safe and affordable drugs by wholesale distributors, pharmacies, and individuals (a) In general Not later than 180 days after the date of enactment of the Affordable Medications Act , the Secretary shall promulgate regulations permitting the importation of qualifying prescription drugs into the United States, in accordance with this section. (b) Definitions For purposes of this section: (1) Certified foreign seller The term certified foreign seller means a licensed foreign pharmacy or foreign wholesale distributor that the Secretary certifies under subsection (d)(1)(B), that pays the fee required under subsection (d)(1)(C), and that is included on the list described in subsection (c). (2) Foreign wholesale distributor The term foreign wholesale distributor means a person (other than a manufacturer, a manufacturer's co-licensed partner, a third-party logistics provider, or a repackager) engaged in wholesale distribution. (3) Importer The term importer means a dispenser (as defined in section 581(3)) or wholesale distributor registered under section 503(e) who imports prescription drugs into the United States in accordance with this section. (4) Licensed foreign pharmacy The term licensed foreign pharmacy means a pharmacy located in Canada, or subject to subsection (e), another applicable country, that— (A) operates in accordance with applicable pharmacy standards set forth by the provincial pharmacy rules and regulations enacted in Canada, or, subject to subsection (e), such applicable rules and regulations of the permitted country in which such seller is located; and (B) is licensed to operate and dispense prescription drugs to individuals in Canada, or, subject to subsection (e), the permitted country in which the pharmacy is located. (5) Qualifying prescription drug The term qualifying prescription drug — (A) means a prescription drug that— (i) is approved for use in patients, and marketed, in Canada, or subject to subsection (e), approved for use in patients, and marketed, in another permitted country; (ii) is manufactured in a facility registered under subsection (b)(1) or (i) of section 510 that is in compliance with good manufacturing practices regulations of the Food and Drug Administration; (iii) has the same active ingredient or ingredients, route of administration, and strength as a prescription drug approved under chapter V, or, for purposes of subparagraph (B)(iv), is biosimilar to an approved biological product and has the same route of administration and strength as the approved biological product; and (iv) is labeled in accordance with— (I) the laws of Canada, or another country from which importation is permitted pursuant to subsection (e); and (II) the requirements promulgated by the Secretary, which shall include labeling in English; (B) with respect to importers only, includes— (i) peritoneal dialysis solution; (ii) insulin; (iii) a drug for which a risk evaluation and mitigation strategy is required under section 505–1; (iv) biological products, as defined in section 351 of the Public Health Service Act that are proteins (except any chemically synthesized polypeptides) or analogous products; and (v) intravenously infused drugs; and (C) does not include— (i) a controlled substance (as defined in section 102 of the Controlled Substances Act); (ii) an anesthetic drug inhaled during surgery; or (iii) a compounded drug. (6) Valid prescription The term valid prescription means a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by— (A) a practitioner who has conducted at least one in-person medical evaluation of the patient; or (B) a covering practitioner. (c) Publication of certified foreign sellers The Secretary shall publish on a dedicated internet website a list of certified foreign sellers, including the internet website address, physical address, and telephone number of each such certified foreign seller. (d) Additional criteria (1) Certified foreign sellers (A) In general To be a certified foreign seller, such seller shall— (i) be certified by the Secretary in accordance with subparagraph (B); (ii) pay the registration fee established under subparagraph (C); and (iii) sell only qualifying prescription drugs to importers or individuals who import prescription drugs into the United States in accordance with this section. (B) Certification To be a certified foreign seller, the Secretary shall certify that such seller— (i) is a foreign wholesale distributor or licensed foreign pharmacy operating an establishment, which may include an online foreign pharmacy, that is located in Canada, or, subject to subsection (e), another permitted country; (ii) is engaged in the distribution or dispensing of a prescription drug that is imported or offered for importation into the United States; (iii) has been in existence for a period of at least 5 years preceding the date of such certification and has a purpose other than to participate in the program established under this section; (iv) in the case of a certified foreign seller that is a licensed foreign pharmacy, agrees to dispense a qualifying prescription drug to an individual in the United States only after receiving a valid prescription, as described in paragraph (2)(C); (v) has processes established by the seller, or participates in another established process, to certify that the physical premises and data reporting procedures and licenses are in compliance with all applicable laws and regulations of Canada, or, subject to subsection (e), the permitted country in which the seller is located, and has implemented policies designed to monitor ongoing compliance with such laws and regulations; (vi) conducts or commits to participate in ongoing and comprehensive quality assurance programs and implements such quality assurance measures, including blind testing, to ensure the veracity and reliability of the findings of the quality assurance program; (vii) agrees that, pursuant to subsection (g), laboratories approved by the Secretary may be authorized to conduct product testing to determine the chemical authenticity of sample pharmaceutical products; (viii) agrees to notify the Secretary, importers, and individuals of product recalls in Canada, or pursuant to subsection (e), the permitted country in which the seller is located, and agrees to cease, or refrain from, exporting such product; (ix) has established, or will establish or participate in, a process for resolving grievances, as defined by the Secretary, and will be held accountable for violations of established guidelines and rules; (x) except as otherwise permitted under this section, does not sell products that the seller could not otherwise legally sell in Canada, or, subject to subsection (e), the permitted country in which such seller is located to customers in the United States; and (xi) meets any other criteria established by the Secretary. (C) Certification fee Not later than 30 days before the start of each fiscal year, the Secretary shall establish a fee to be collected from foreign sellers for such fiscal year that are certified under subparagraph (B), in an amount that is sufficient, and not more than necessary, to pay the costs of administering the program under this section, and enforcing this section pursuant to section 303(h), for that fiscal year. (D) Recertification A certification under subparagraph (B) shall be in effect for a period of 2 years, or until there is a material change in the circumstances under which the foreign seller meets the requirements under such subparagraph, whichever occurs earlier. A foreign seller may reapply for certification under such subparagraph (B), in accordance with a process established by the Secretary. (2) Individuals An individual may import a qualifying prescription drug described in subsection (b) from Canada or another country pursuant to subsection (e) if such drug— (A) is dispensed, including through an online pharmacy, by a certified foreign seller that is a licensed foreign pharmacy; (B) is purchased for personal use by the individual, not for resale, in quantities that do not exceed a 90-day supply; and (C) is filled only after providing to the licensed foreign pharmacy a valid prescription issued by a health care practitioner licensed to practice in a State in the United States. (e) Importation from other countries Beginning on the date that is 2 years after the date on which final regulations are promulgated to carry out this section, if, based on a review of the evidence obtained after such effective date, including the reports submitted under section 203(d) of the Affordable Medications Act , that importation of qualifying prescription drugs from Canada under this section resulted in cost savings for consumers in the United States and increased access to safe medication, the Secretary shall have the authority to permit importation of qualifying prescription drugs by importers and individuals from, in addition to Canada, any country that— (1) is a member of the Organisation for Economic Co-operation and Development; and (2) has statutory or regulatory standards for the approval and sale of prescription drugs that are comparable to the standards in the United States and that— (A) authorizes the approval of drugs only if a drug has been determined to be safe and effective by experts employed by or acting on behalf of a governmental entity and qualified by scientific training and experience to evaluate the safety and effectiveness of drugs; (B) requires that any determination of safety and effectiveness described in subparagraph (A) be made on the basis of adequate and well-controlled investigations, including clinical investigations, as appropriate, conducted by experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs; (C) requires the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of drugs in the country to be adequate to preserve the identity, quality, purity, and strength of the drugs; and (D) requires the reporting of adverse reactions to drugs and establish procedures to recall, and withdraw approval of, drugs found not to be safe or effective. (f) Labeling Any qualifying prescription drug imported that meets the labeling requirements described in subsection (b)(5)(A)(iv) is deemed not misbranded for purposes of section 502. (g) Drug testing laboratories The Secretary may approve one or more laboratories to conduct random testing of prescription drugs sold by certified foreign sellers to assess the chemical authenticity of such drugs. (h) Unfair and discriminatory Acts and practices It is unlawful for a manufacturer, directly or indirectly (including by being a party to a licensing agreement or other agreement)— (1) to discriminate by charging a higher price for a prescription drug sold to a certified foreign seller that sells such drug to an importer in accordance with this section than the price that is charged, inclusive of rebates or other incentives to the country from which the drug is exported, to another person that is in the same country and that does not import such a drug into the United States in accordance with this section; (2) except with respect to a prescription drug on the drug shortage list under section 506E, discriminate by denying, restricting, or delaying supplies of a prescription drug to a certified foreign seller, on account of such seller's status as a certified foreign seller, that sells such drug to an importer in accordance with this section, or by publicly, privately, or otherwise refusing to do business with such a certified foreign seller on account of such seller's status as a certified foreign seller; (3) cause there to be a difference (including a difference in active ingredient, route of administration, bioequivalence, strength, formulation, manufacturing establishment, manufacturing process, or person that manufactures the drug) between a prescription drug for distribution in the United States and the drug for distribution in Canada or another permitted country, subject to subsection (e), for the purpose of avoiding sales by certified foreign sellers; or (4) except with respect to a prescription drug on the drug shortage list under section 506E, engage in any other action to restrict, prohibit, or delay the importation of a prescription drug under this section. (i) Information and records (1) Biannual reports Each importer shall submit biannual reports to the Secretary which shall contain, for each qualifying prescription drug imported into the United States— (A) the unique facility identifier of the manufacturer of the drug, described in section 510; (B) the transaction information described in section 581(26) (other than the information described in subparagraph (C)); and (C) the price paid by the importer for the drug. (2) Maintenance of records by Secretary The Secretary shall maintain information and documentation submitted under paragraph (1) for such period of time as the Secretary determines to be appropriate. (j) Suspension of importation (1) Patterns of noncompliance The Secretary shall require that importation of a specific qualifying prescription drug or importation by a specific certified foreign seller or importer pursuant to this section be immediately suspended if the Secretary determines that there is a pattern of importation of such specific drug or by such specific seller or importer that involves counterfeit drugs, drugs that have been recalled or withdrawn, or drugs in violation of any requirement of this section, until an investigation is completed and the Secretary determines that importation of such drug or by such seller or importer does not endanger the public health. (2) Temporary suspension The Secretary may require that importation of a specific qualifying prescription drug or importation by a specific certified foreign seller or importer pursuant to this section be temporarily suspended if, with respect to such drug, seller, or importer, there is a violation of any requirement of this section or if the Secretary determines that importation of such drug or by such seller or importer might endanger the public health. Such temporary suspension shall apply until the Secretary completes an investigation and determines that importation of such drug or by such seller or importer does not endanger the public health. (k) Supply chain security (1) Purchase from registered facilities and certified foreign sellers (A) In general Except as provided in subparagraph (B), certified foreign sellers who sell qualifying prescription drugs for importation into the United States pursuant to this section may purchase such drugs only from manufacturers or entities registered under section 510 or other certified foreign sellers. (B) Exception Certified foreign sellers who sell qualifying prescription drugs for importation into the United States pursuant to this section may purchase such drugs from foreign sellers in Canada or another permitted country, even if such foreign seller is not a manufacturer registered under section 510 or a certified foreign seller, if the Secretary enters into a memorandum of understanding or cooperative agreement with Canada, or such other permitted country, to ensure compliance, to the extent appropriate and feasible, with subchapter H of chapter V. The Secretary shall seek to enter into such a memorandum of understanding or cooperative agreement with Canada and each country from which importation is permitted under subsection (e). (2) Importation tracing Certified foreign sellers shall provide importers with the unique facility identifier associated with the manufacturer registered under section 510 of the qualifying prescription drug and the information under paragraph (25), paragraph (26) (other than subparagraph (C)), and subparagraphs (D), (F), and (G) of paragraph (27) of section 581. Certified foreign sellers shall provide such information to individuals purchasing such drugs, upon request. (l) REMs In the case of an importer that imports a qualifying prescription drug, where the drug with the same active ingredient or ingredients (or that is biosimilar to an approved biological product), route of administration, and strength that is approved under chapter V or section 351 of the Public Health Service Act is subject to elements to assure safe use under section 505–1, such importer shall be subject to such elements to assure safe use, as applicable and appropriate. (m) Construction Nothing in this section limits the authority of the Secretary relating to the importation of prescription drugs, other than with respect to section 801(d)(1) as provided in this section. . (b) Penalties with respect to online pharmacies Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended by adding at the end the following: (h) In the case of a person operating an internet website, whether in the United States or in another country, that violates section 301(aa) by— (1) selling, by means of the internet, with the intent to defraud or mislead or with reckless disregard for safety of the public, an adulterated or counterfeit drug to an individual in the United States; or (2) dispenses, by means of the internet, a drug to an individual in the United States who the person knows or has reasonable cause to believe, does not possess a valid prescription for that drug, such person shall be imprisoned for not more than 10 years or fined not more than $250,000. . (c) No preemption Nothing in this section, including the amendments made by this section, shall be construed to preempt, alter, displace, abridge, or supplant any remedy available under any State or Federal law, including common law, that provides a remedy for civil relief. (d) Reports (1) HHS Not later than 1 year after the date on which final regulations are promulgated to carry out section 804 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 384 ), as amended by subsection (a), and every 2 years thereafter, the Secretary of Health and Human Services, after consultation with appropriate Federal agencies, shall submit to Congress and make public a report on the importation of drugs into the United States. (2) GAO report Not later than 18 months after the first report is submitted under paragraph (1), the Comptroller General of the United States shall submit to Congress a report containing an analysis of the implementation of the amendments made by this section, including a review of drug safety and cost-savings and expenses, including cost-savings to consumers in the United States and trans-shipment and importation tracing processes, resulting from such implementation. 204. Requiring drug manufacturers to provide drug rebates for drugs dispensed to low-income individuals (a) In general Section 1860D–2 of the Social Security Act ( 42 U.S.C. 1395w–102 ) is amended— (1) in subsection (e)(1), in the matter preceding subparagraph (A), by inserting and subsection (f) after this subsection ; and (2) by adding at the end the following new subsection: (f) Prescription drug rebate agreement for rebate eligible individuals (1) Requirement (A) In general For plan years beginning on or after January 1, 2022, in this part, the term covered part D drug does not include any drug or biological product that is manufactured by a manufacturer that has not entered into and have in effect a rebate agreement described in paragraph (2). (B) 2022 plan year requirement Any drug or biological product manufactured by a manufacturer that declines to enter into a rebate agreement described in paragraph (2) for the period beginning on January 1, 2022, and ending on December 31, 2022, shall not be included as a covered part D drug for the subsequent plan year. (2) Rebate agreement A rebate agreement under this subsection shall require the manufacturer to provide to the Secretary a rebate for each rebate period (as defined in paragraph (6)(B)) ending after December 31, 2021, in the amount specified in paragraph (3) for any covered part D drug of the manufacturer dispensed after December 31, 2021, to any rebate eligible individual (as defined in paragraph (6)(A)) for which payment was made by a PDP sponsor or MA organization under this part for such period, including payments passed through the low-income and reinsurance subsidies under sections 1860D–14 and 1860D–15(b), respectively. Such rebate shall be paid by the manufacturer to the Secretary not later than 30 days after the date of receipt of the information described in section 1860D–12(b)(8), including as such section is applied under section 1857(f)(3), or 30 days after the receipt of information under subparagraph (D) of paragraph (3), as determined by the Secretary. Insofar as not inconsistent with this subsection, the Secretary shall establish terms and conditions of such agreement relating to compliance, penalties, and program evaluations, investigations, and audits that are similar to the terms and conditions for rebate agreements under paragraphs (3) and (4) of section 1927(b). (3) Rebate for rebate eligible Medicare drug plan enrollees (A) In general The amount of the rebate specified under this paragraph for a manufacturer for a rebate period, with respect to each dosage form and strength of any covered part D drug provided by such manufacturer and dispensed to a rebate eligible individual, shall be equal to the product of— (i) the total number of units of such dosage form and strength of the drug so provided and dispensed for which payment was made by a PDP sponsor or an MA organization under this part for the rebate period, including payments passed through the low-income and reinsurance subsidies under sections 1860D–14 and 1860D–15(b), respectively; and (ii) the amount (if any) by which— (I) the Medicaid rebate amount (as defined in subparagraph (B)) for such form, strength, and period; exceeds (II) the average Medicare drug program rebate eligible rebate amount (as defined in subparagraph (C)) for such form, strength, and period. (B) Medicaid rebate amount For purposes of this paragraph, the term Medicaid rebate amount means, with respect to each dosage form and strength of a covered part D drug provided by the manufacturer for a rebate period— (i) in the case of a single source drug or an innovator multiple source drug, the amount specified in paragraph (1)(A)(ii)(II) or (2)(C) of section 1927(c) plus the amount, if any, specified in subparagraph (A)(ii) of paragraph (2) of such section, for such form, strength, and period; or (ii) in the case of any other covered outpatient drug, the amount specified in paragraph (3)(A)(i) of such section for such form, strength, and period. (C) Average Medicare drug program rebate eligible rebate amount For purposes of this subsection, the term average Medicare drug program rebate eligible rebate amount means, with respect to each dosage form and strength of a covered part D drug provided by a manufacturer for a rebate period, the sum, for all PDP sponsors under part D and MA organizations administering an MA–PD plan under part C, of— (i) the product, for each such sponsor or organization, of— (I) the sum of all rebates, discounts, or other price concessions (not taking into account any rebate provided under paragraph (2) or any discounts under the program under section 1860D–14A) for such dosage form and strength of the drug dispensed, calculated on a per-unit basis, but only to the extent that any such rebate, discount, or other price concession applies equally to drugs dispensed to rebate eligible Medicare drug plan enrollees and drugs dispensed to PDP and MA–PD enrollees who are not rebate eligible individuals; and (II) the number of the units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in the prescription drug plans administered by the PDP sponsor or the MA–PD plans administered by the MA organization; divided by (ii) the total number of units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in all prescription drug plans administered by PDP sponsors and all MA–PD plans administered by MA organizations. (D) Use of estimates The Secretary may establish a methodology for estimating the average Medicare drug program rebate eligible rebate amounts for each rebate period based on bid and utilization information under this part and may use these estimates as the basis for determining the rebates under this section. If the Secretary elects to estimate the average Medicare drug program rebate eligible rebate amounts, the Secretary shall establish a reconciliation process for adjusting manufacturer rebate payments not later than 3 months after the date that manufacturers receive the information collected under section 1860D–12(b)(8)(B). (4) Length of agreement The provisions of paragraph (4) of section 1927(b) (other than clauses (iv) and (v) of subparagraph (B)) shall apply to rebate agreements under this subsection in the same manner as such paragraph applies to a rebate agreement under such section. (5) Other terms and conditions The Secretary shall establish other terms and conditions of the rebate agreement under this subsection, including terms and conditions related to compliance, that are consistent with this subsection. (6) Definitions In this subsection and section 1860D–12(b)(8): (A) Rebate eligible individual The term rebate eligible individual means— (i) a subsidy eligible individual (as defined in section 1860D–14(a)(3)(A)); (ii) a Medicaid beneficiary treated as a subsidy eligible individual under clause (v) of section 1860D–14(a)(3)(B); and (iii) any part D eligible individual not described in clause (i) or (ii) who is determined for purposes of the State plan under title XIX to be eligible for medical assistance under clause (i), (iii), or (iv) of section 1902(a)(10)(E). (B) Rebate period The term rebate period has the meaning given such term in section 1927(k)(8). . (b) Reporting requirement for the determination and payment of rebates by manufacturers related to rebate for rebate eligible Medicare drug plan enrollees (1) Requirements for PDP sponsors Section 1860D–12(b) of the Social Security Act ( 42 U.S.C. 1395w–112(b) ) is amended by adding at the end the following new paragraph: (8) Reporting requirement for the determination and payment of rebates by manufacturers related to rebate for rebate eligible Medicare drug plan enrollees (A) In general For purposes of the rebate under section 1860D–2(f) for contract years beginning on or after January 1, 2022, each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan shall require that the sponsor comply with subparagraphs (B) and (C). (B) Report form and contents Not later than a date specified by the Secretary, a PDP sponsor of a prescription drug plan under this part shall report to each manufacturer— (i) information (by National Drug Code number) on the total number of units of each dosage, form, and strength of each drug of such manufacturer dispensed to rebate eligible Medicare drug plan enrollees under any prescription drug plan operated by the PDP sponsor during the rebate period; (ii) information on the price discounts, price concessions, and rebates for such drugs for such form, strength, and period; (iii) information on the extent to which such price discounts, price concessions, and rebates apply equally to rebate eligible Medicare drug plan enrollees and PDP enrollees who are not rebate eligible Medicare drug plan enrollees; and (iv) any additional information that the Secretary determines is necessary to enable the Secretary to calculate the average Medicare drug program rebate eligible rebate amount (as defined in paragraph (3)(C) of such section), and to determine the amount of the rebate required under this section, for such form, strength, and period. Such report shall be in a form consistent with a standard reporting format established by the Secretary. (C) Submission to Secretary Each PDP sponsor shall promptly transmit a copy of the information reported under subparagraph (B) to the Secretary for the purpose of audit oversight and evaluation. (D) Confidentiality of information The provisions of subparagraph (D) of section 1927(b)(3), relating to confidentiality of information, shall apply to information reported by PDP sponsors under this paragraph in the same manner that such provisions apply to information disclosed by manufacturers or wholesalers under such section, except— (i) that any reference to this section in clause (i) of such subparagraph shall be treated as being a reference to this section; (ii) the reference to the Director of the Congressional Budget Office in clause (iii) of such subparagraph shall be treated as including a reference to the Medicare Payment Advisory Commission; and (iii) clause (iv) of such subparagraph shall not apply. (E) Oversight Information reported under this paragraph may be used by the Inspector General of the Department of Health and Human Services for the statutorily authorized purposes of audit, investigation, and evaluations. (F) Penalties for failure to provide timely information and provision of false information In the case of a PDP sponsor— (i) that fails to provide information required under subparagraph (B) on a timely basis, the sponsor is subject to a civil money penalty in the amount of $10,000 for each day in which such information has not been provided; or (ii) that knowingly (as defined in section 1128A(i)) provides false information under such subparagraph, the sponsor is subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalties are in addition to other penalties as may be prescribed by law. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). . (2) Application to MA organizations Section 1857(f)(3) of the Social Security Act ( 42 U.S.C. 1395w–27(f)(3) ) is amended by adding at the end the following: (E) Reporting requirement related to rebate for rebate eligible Medicare drug plan enrollees Section 1860D–12(b)(8). . (c) Deposit of rebates into Medicare Prescription Drug Account Section 1860D–16(c) of the Social Security Act ( 42 U.S.C. 1395w–116(c) ) is amended by adding at the end the following new paragraph: (6) Rebate for rebate eligible Medicare drug plan enrollees Amounts paid under a rebate agreement under section 1860D–2(f) shall be deposited into the Account. . (d) Exclusion from determination of best price and average manufacturer price under Medicaid (1) Exclusion from best price determination Section 1927(c)(1)(C)(ii)(I) of the Social Security Act ( 42 U.S.C. 1396r–8(c)(1)(C)(ii)(I) ) is amended by inserting and amounts paid under a rebate agreement under section 1860D–2(f) after this section . (2) Exclusion from average manufacturer price determination Section 1927(k)(1)(B)(i) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(1)(B)(i) ) is amended— (A) in subclause (IV), by striking and after the semicolon; (B) in subclause (V), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (VI) amounts paid under a rebate agreement under section 1860D–2(f). . 205. Cap on prescription drug cost-sharing (a) Qualified health plans Section 1302(c) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(c) ) is amended— (1) in paragraph (3)(A)(i), by inserting , including cost-sharing with respect to prescription drugs covered by the plan after charges ; and (2) by adding at the end the following: (5) Prescription drug cost-sharing (A) 2022 For plan years beginning in 2022, the cost-sharing incurred under a health plan with respect to prescription drugs covered by the plan shall not exceed $250 per month for each enrolled individual, or $500 for each family. (B) 2023 and later (i) In general In the case of any plan year beginning in a calendar year after 2022, the limitation under this paragraph shall be equal to the applicable dollar amount under subparagraph (A) for plan years beginning in 2022, increased by an amount equal to the product of that amount and the medical care component of the consumer price index for all urban consumers (as published by the Bureau of Labor Statistics) for that year. (ii) Adjustment to amount If the amount of any increase under clause (i) is not a multiple of $5, such increase shall be rounded to the next lowest multiple of $5. . (b) Group health plans Section 2707(b) of the Public Health Service Act ( 42 U.S.C. 300gg–6(b) ) is amended— (1) by striking annual ; and (2) by striking paragraph (1) of section 1302(c) and inserting paragraphs (1) and (5) of section 1302(c) of the Patient Protection and Affordable Care Act . (c) Effective date The amendments made by subsections (a) and (b) shall take effect with respect to plans beginning after December 31, 2021. 206. Modification of trade negotiating objectives relating to intellectual property rights to ensure access to biological products Section 102(b)(5)(C) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201(b)(5)(C) ) is amended by striking the period at the end and inserting the following: , including by ensuring that trade agreements do not require a party to provide biological product exclusivity of more than 7 years. . III Innovation 301. Innovation incentive fund for new and more effective treatments of bacterial infections Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq.) is amended by adding at the end the following: 409K. Innovation incentive fund for new and more effective treatments of bacterial infections (a) Establishment of fund There is hereby established in the Treasury of the United States a revolving fund to be known as the Antibiotics Innovation Incentive Fund , which shall consist of funds transferred under subsection (b). (b) Amounts credited to the fund There are hereby authorized to be appropriated, and appropriated, to the Antibiotics Innovation Incentive Fund, for fiscal year 2022, out of any monies in the Treasury not otherwise appropriated, $2,000,000,000. Such funds shall remain available until expended. (c) Awards (1) In general During the 10-year period following the date of enactment of the Affordable Medications Act , the Director of the NIH, in accordance with the criteria under subsection (d) and the goals under subsection (e), shall award— (A) up to 3 market entry awards for qualifying products that provide added benefit for patients over existing therapies in the treatment of serious and life-threatening bacterial infections demonstrating in superiority trials; and (B) award open source dividend prizes for contributions that significantly advance the field of antibiotic research with openly sourced materials, technology, data, and knowledge. (2) Award amount requirements No more than 5 percent of the amount available in the Antibiotics Innovation Incentive shall be dedicated to open source dividend prizes. (d) Criteria and structure of prizes (1) Establishment of criteria Not later than 120 days after the date of enactment of the Affordable Medications Act , the Director of NIH shall establish criteria for the selection of recipients and eligibility of persons for market entry rewards and open source dividend prizes under this section and criteria for determining the amounts of such prizes, through notice and comment rulemaking. (2) Considerations in establishing criteria for qualifying products In establishing the criteria for selection of recipients and amounts of market entry rewards and open source dividend prizes under paragraph (1), the Director of NIH, in consultation with other agencies as appropriate, shall consider the following: (A) The number of patients in the United States and in other countries who would benefit from the qualifying product that treats a serious or life-threatening bacterial infection, and the number of patients in the United States and in other countries projected to benefit during the upcoming 10-year period. (B) Whether the qualifying product treats, or has the potential to treat, a serious or life-threatening bacterial infection for which no other treatment is currently available or for which there is a high threat of resistance to existing treatments. (C) The incremental and additional therapeutic benefit to human in the United States and other countries of the qualifying product as compared to other treatments available to treat the bacterial infection, evaluating the incremental therapeutic benefit in comparison to treatments that were not recently developed. (D) The transmissibility of the bacterial infection the qualifying product would treat, and barriers to prevention of that infection. (E) The extent to which knowledge, data, materials, and technology that are openly sourced have contributed to the successful development of new treatments that provide an added benefit to patients, such as decreasing mortality or irreversible morbidity on patient-centered outcomes, significantly advancing the field of antibiotic research, or improving processes for manufacturing products used for the treatment. (F) Other criteria that the Director of NIH determines to be relevant and useful in ensuring that the prizes provide appropriate incentives. (3) Criteria for open source dividend prizes An open source dividend prize under this section shall reward persons that openly shared on a royalty-free, not-for-profit and non-discriminatory basis, materials, technology, data, and knowledge that contribute in a significant way to the successful development of a qualifying product or significantly advanced the field of antibiotic research. (e) Goals With respect to each year for which the Director of NIH awards market entry rewards and open source dividend prizes under subsection (c), the Director of NIH shall establish a framework of goals that a qualifying product or contribution that significantly advances the field of antibiotic research is required to show promise to help meet in order for a person to be eligible to receive a market entry reward or open source dividend prize with respect to such product or such contribution. Such goals may include— (1) reduced hospital admissions or readmissions; (2) use of diagnostics prior to prescribing of drugs; and (3) use of innovative programs for antibiotic stewardship. (f) Condition on receipt of market entry reward (1) In general Each market entry reward for a qualifying product offered under this section shall be conditioned on the following: (A) The recipient shall agree to offer the qualifying product at a reasonable price as described in paragraph (3). (B) Subject to applicable patient privacy protections, the recipient shall agree to publicly disclose all pre-clinical and clinical trial data with respect to the qualifying product. (C) The recipient shall agree to submit to the Director of NIH, for review and approval by such director, in collaboration with the Commissioner of Food and Drugs and the Director of the Centers for Disease Control and Prevention, all marketing, sales, and other promotional and educational activities associated with the qualifying product, to ensure that such activities align with, and advance the goals of, resource conserving stewardship, protecting the utility of antibiotics, and encouraging and ensuring the correct use of antibiotics. (D) The recipient shall irrevocably waive— (i) all periods of exclusivity available to the product under chapter V of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act; and (ii) all applicable patent rights under title 35, United States Code. (E) Any other conditions the Director of NIH determines appropriate. (2) Applicability All conditions described in paragraph (1) shall apply to subsequent owners, licensees, producers, and manufacturers, and assignees of the product or any chemical component of the qualifying product for which the market entry reward was awarded. (3) Reasonable price (A) In general A recipient may satisfy the requirement to offer a qualifying product or contribution at a reasonable price for purposes of paragraph (1)(A) by— (i) (I) providing open licensing of all necessary rights to patents, manufacturing processes, rights in data, and other intellectual property rights needed to make and sell the product to manufacturers of the generic version of such product; or (II) selling such product at a price that is no more than twice the price of antibiotic drugs approved under section 505(j) of the Federal Food, Drug, and Cosmetic Act with similar manufacturing costs; and (ii) selling such product at a price that is not higher than the median price charged, at the time of such sale, in the applicable 7 countries, as determined under in subparagraph (B). (B) Criteria For purposes of subparagraph (A)(ii), the Director of NIH shall identify, on an annual basis, the countries that have a per capita income that is not less than half the per capita income of the United States, select the 7 of such countries that have the largest gross domestic product, and determine the median price charged for each qualifying product for which an award has been granted under subsection (c). (g) Enforcement If the market entry reward recipient, or subsequent owner, licensee, or assignee of the qualifying product, does not fulfill the conditions described subsection (f)(1), the Secretary, in collaboration with the Attorney General, shall take all necessary action to clawback the market entry reward. (h) Transparency With respect to each market entry reward or open source dividend prize awarded under this section, the Director of NIH shall make public— (1) the methodology used and criteria analyzed in determining the market entry reward or open source dividend prize recipient; and (2) a complete analysis of the recipient’s fulfillment of award conditions under subsection (e)(1). (i) Qualifying product For purposes of this section, the term qualifying product means a drug (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act. (j) Study (1) In general The Director of NIH shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study to examine— (A) the use of innovation inducement reward funds and push financing mechanisms as ways to stimulate investments in biomedical research and development that de-links costs from product prices; (B) models of different possible means of de-linking research and development costs from drug prices, including the progressive replacement of the monopoly on new products with a combination of expanded research subsidies and new incentives from innovation inducement funds to stimulate the development of drugs, including drugs to treat bacterial infections, rare diseases, HIV/AIDS, and cancer; (C) the size of market entry rewards, open source dividends and other innovation inducement prizes that would be necessary to achieve innovation objectives and the relative cost effectiveness of incentives delinked from the prices of products and services in stimulating innovation, compared to time-limited monopolies; and (D) methods of progressively implementing policies that delink research and development funding from prices of products and services, including to the progressive reduction in the effective term of exclusive rights, accompanied by a progressive introduction and expansion of market entry rewards. (2) Authorization of appropriations For the purpose of carrying out this subsection, there are authorized to be appropriated, and there are appropriated, $3,000,000 for fiscal year 2022. Such funds shall remain available until expended. . 302. Public funding for clinical trials (a) In general Part E of title IV of the Public Health Service Act ( 42 U.S.C. 287 et seq.) is amended by adding at the end the following: 6 Center for Clinical Research 485E. Center for Clinical Research (a) In general There is established within the National Institutes of Health the Center for Clinical Research, for the purpose of conducting clinical trials on drugs, as described in subsection (b), with the intention of obtaining approval of such drug under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act. The Director of NIH shall appoint a Director of the Center for Clinical Research referred to in this section as the Director ) not later than 90 days after the date of enactment of the Affordable Medications Act . (b) Clinical trials (1) In general Each year, beginning not later than 1 year after the date of enactment of the Affordable Medications Act , the Director shall select at least 2 molecules, compounds, drugs, or biological products and conduct clinical trials on such molecules, compounds, drugs, or biological products, or enter into contracts with other entities to conduct such clinical trials. (2) Selection of drugs (A) Criteria The Director shall establish criteria, which shall be made public, for acquiring the patent rights for, and selecting, drugs under paragraph (1) to ensure that the drugs selected for clinical trials through the Center— (i) have the potential to address an existing or emerging need, including drugs that can be repurposed to treat a new condition in the case of a national emergency; and (ii) are not solely drugs that private sector researchers with access to all available information on such drugs chose not to develop. (B) Process The Director shall secure all patent rights to each drug selected under paragraph (1), as applicable, and perform the clinical trials at NIH or subcontract with another entity to conduct the clinical trials. (c) Treatment of approved drugs If a drug for which clinical trials have been conducted by the Center for Clinical Research is approved by the Food and Drug Administration under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act, the Director shall— (1) execute non-exclusive licenses to allow drug manufacturers to manufacture and sell the drug; or (2) in collaboration with other Federal agencies as appropriate, enter into purchasing contracts. (d) Public information (1) Research data and findings Subject to applicable patient privacy protections, the Secretary shall— (A) (i) submit all completed studies (and terminated studies, if terminated for safety or ethical reasons) for publication in a peer-reviewed publication within 180 days of completion or termination; and (ii) if a study submitted as described in clause (i) is not selected for publication, publicly disclose all de-identified primary clinical data not later than 180 days after the Secretary's final decision not to pursue further submissions for publication; and (B) publicly disclose all de-identified primary clinical data upon publication of a study as described in subparagraph (A)(i). (2) Financial information The Director shall make public all costs to the Federal Government associated with carrying out clinical trials by the Center for Clinical Research and with subcontract agreements under this section, in a manner that identifies the cost associated with each trial. (e) Definition In this section, the term drug has the meaning given such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act. (f) Appropriations For the purpose of carrying out this section, in addition to any other funds available for such purpose, there are authorized to be appropriated, and there are appropriated, $1,000,000,000 for each of fiscal years 2022 through 2032, to remain available until expended. . (b) Clerical amendment Section 401(b) of the Public Health Service Act ( 42 U.S.C. 281(b) ) is amended— (1) by redesignating paragraph (25) as paragraph (26); and (2) by inserting after paragraph (24) the following: (25) The Center for Clinical Research. . 303. Rewarding innovative drug development (a) Drug exclusivity (1) New chemical entity exclusivity (A) In general Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5) ) is amended— (i) in subparagraph (B)— (I) in clause (i), by inserting except that such approval may not be made effective before the date that is 5 years after the date on which the drug to which the application refers was approved under subsection (c) before the period; and (II) in clause (ii), by inserting except that such approval may not be made effective before the date that is 5 years after the date on which the drug to which the application refers was approved under subsection (c) before the period; and (ii) in subparagraph (F)(ii)— (I) by striking expiration of five years and inserting expiration of 3 years ; (II) by striking , except that such an application may be submitted under this subsection after the expiration of four years from the date of the approval of the subsection (b) application if it contains a certification of patent invalidity or noninfringement described in subclause (IV) of paragraph (2)(A)(vii) ; and (III) by striking seven and one-half years and inserting 6 and one-half years . (B) Conforming amendments Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq.) is amended— (i) in subsection (v)(2)(A)(i)(II) of section 505, by inserting the 3-year exclusivity period referred to before under clause (ii) of subsection (j)(5)(F) ; (ii) in subsections (b)(1)(A)(i)(I) and (c)(1)(A)(i)(I) of section 505A— (I) by striking five years each place such term appears and inserting 3 years ; (II) by striking seven and one-half years each place such term appears and inserting 6 and one-half years ; and (III) by striking eight years each place such term appears and inserting 7 years ; and (iii) in section 505E, by striking the 4- and 5-year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the 3-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) and inserting the 4- and 5-year periods described in subsection (c)(3)(E)(ii) of section 505, the 3-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (ii), (iii), and (iv) of subsection (j)(5)(F) . (2) New clinical investigation exclusivity Section 505(c)(3)(E)(iv) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E)(iv) ) is amended by inserting , and the supplement shows a significant clinical benefit over existing therapies manufactured by the applicant in the 5-year period preceding the submission of the application, before the Secretary . (3) Biological product exclusivity (A) In general Section 351(k)(7)(A) of the Public Health Service Act ( 42 U.S.C. 262(k)(7)(A) ) is amended by striking 12 years and inserting 7 years . (B) Conforming amendments Paragraphs (2)(A) and (3)(A) of section 351(m) of the Public Health Service Act ( 42 U.S.C. 262(m) ) is amended by striking 12 years each place it appears and inserting 7 years . (b) Applicability The amendments made by subsection (a) apply only with respect to a drug or biological product for which the listed drug (as described in section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(7) )) or reference product (as such term is used in section 351 of the Public Health Service Act ( 42 U.S.C. 262 )) is approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensed under section 351(a) of the Public Health Service Act, as applicable, on or after the date of enactment of this Act. (c) GAO study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to Congress a report that includes— (1) (A) the number of requests for designation as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bb ) the Food and Drug Administration receives each year in the previous 10-year period; (B) the number of such requests granted, denied, and pending; (C) the names of all drugs receiving such designation during such period, including the date of approval and indication for which market exclusivity was granted; and (D) any drugs for which such designation has been revoked or amended during such period; (2) for each drug so designated as a drug for a rare disease or condition in the previous 10-year period, the total annual expenditures for such drugs under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.) and the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.), the number of Medicare and Medicaid beneficiaries who used each such drug each year during such time period, and any changes in price per unit during such time period; and (3) for a sample of drugs (selected by the Comptroller General) so designated in the previous 10-year period, to the extent feasible— (A) gross revenues of the manufacturers with respect to each such drug, and manufacturer spending for marketing and patient assistance programs; (B) the average price per drug and how those prices changed over time for the selected drugs based on industry drug pricing benchmarks; and (C) the indications that were the basis of such designation and other approved indications for the drugs, and the indications for which each drug has most commonly been used, including non-approved indications for which the drug may be recommended by external organizations such as physician or patient organizations. 304. Improving program integrity (a) In general Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb et seq.) is amended by adding at the end the following: 569E. Conditions on award of drug exclusivity (a) Termination of exclusivity Notwithstanding any other provision of this Act, any period of exclusivity described in subsection (b) granted to a person or assigned to a person on or after the date of enactment of this section with respect to a drug shall be terminated if the person to which such exclusivity was granted or any person to which such exclusivity is assigned commits a violation described in subsection (c)(1) with respect to such drug. (b) Exclusivities affected The periods of exclusivity described in this subsection are those periods of exclusivity granted under any of the following sections: (1) Clause (ii), (iii), or (iv) of section 505(c)(3)(E). (2) Clause (iv) of section 505(j)(5)(B). (3) Clause (ii), (iii), or (iv) of section 505(j)(5)(F). (4) Section 505A. (5) Section 505E. (6) Section 527. (7) Section 351(k)(7) of the Public Health Service Act. (8) Any other provision of this Act that provides for market exclusivity (or extension of market exclusivity) with respect to a drug. (c) Violations (1) In general A violation described in this subsection is a violation of a law described in paragraph (2), enforced by a Federal or State governmental entity that results in— (A) a criminal conviction of a person described in subsection (a); (B) a civil judgment against a person described in subsection (a); or (C) a settlement agreement in which a person described in subsection (a) admits to fault. (2) Laws described The laws described in this paragraph are the following: (A) The provisions of this Act that prohibit— (i) the adulteration or misbranding of a drug; (ii) the making of false statements to the Secretary or committing fraud; or (iii) the illegal marketing of a drug. (B) Section 3729 of title 31, United States Code. (C) Section 286 or 287 of title 18, United States Code. (D) The Medicare and Medicaid Patient Protection and Program Act of 1987 (commonly known as the Antikickback Statute ). (E) Section 1927 of the Social Security Act. (F) A State law against fraud comparable to a law described in subparagraphs (A) through (E). (d) Date of exclusivity termination The date on which the exclusivity shall be terminated as described in subsection (a) is the date on which, as applicable— (1) a final judgment is entered relating to a violation described in subparagraph (A) or (B) of subsection (c)(1); or (2) (A) a settlement agreement described in subsection (c)(1)(C) is approved by a court order that is or becomes final and nonappealable; or (B) if there is no court order approving a settlement agreement described in subsection (c)(1)(C), a court order dismissing the applicable case, issued after the settlement agreement, is or becomes final and nonappealable. (e) Reporting of information (1) In general A person described in subsection (a) that commits a violation described in subsection (c)(1) shall report such violation to the Secretary no later than 30 days after the date that— (A) a final judgment is entered relating to a violation described in subparagraph (A) or (B) of subsection (c)(1); or (B) (i) a settlement agreement described in subsection (c)(1)(C) is approved by a court order that is or becomes final and nonappealable; or (ii) if there is no court order approving a settlement agreement described in subsection (c)(1)(C), a court order dismissing the applicable case, issued after the settlement agreement, is or becomes final and nonappealable. (2) Civil penalty A person who fails to report a violation as required under paragraph (1) shall be subject to a civil penalty in the amount of $200,000 for each day the failure to report continues, beginning with the day after the date on which such report is due as described in paragraph (1). . (b) FTC There are authorized to be appropriated to the Federal Trade Commission such sums as may be necessary for the purpose of carrying out activities related to addressing criminal activity and anticompetitive practices by pharmaceutical companies. IV Choice and Competition 401. Unlawful compensation for delay (a) In general The Federal Trade Commission Act ( 15 U.S.C. 44 et seq.) is amended by inserting after section 26 ( 15 U.S.C. 57c–2 ) the following: 27. Preserving access to affordable generics and biosimilars (a) In general (1) Enforcement proceeding The Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a drug product or biological product. (2) Presumption and violation (A) In general Subject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and shall be a violation of this section if— (i) an ANDA filer or a biosimilar biological product application filer receives anything of value, including an exclusive license; and (ii) the ANDA filer or biosimilar biological product application filer agrees to limit or forego research, development, manufacturing, marketing, or sales of the ANDA product or biosimilar biological product, as applicable, for any period of time. (B) Exception Subparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that— (i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer or biosimilar biological product application filer has promised to provide; or (ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. (b) Limitations In determining whether the settling parties have met their burden under subsection (a)(2)(B), the fact finder shall not presume— (1) that entry would not have occurred until the expiration of the relevant patent or statutory exclusivity; or (2) that the agreement’s provision for entry of the ANDA product or biosimilar biological product prior to the expiration of the relevant patent or statutory exclusivity means that the agreement is procompetitive. (c) Exclusions Nothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration granted by the NDA holder or biological product license holder to the ANDA filer or biosimilar biological product application filer, respectively, as part of the resolution or settlement includes only one or more of the following: (1) The right to market the ANDA product or biosimilar biological product in the United States prior to the expiration of— (A) any patent that is the basis for the patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such ANDA product or biosimilar biological product. (2) A payment for reasonable litigation expenses not to exceed $7,500,000. (3) A covenant not to sue on any claim that the ANDA product or biosimilar biological product infringes a United States patent. (d) Enforcement (1) Enforcement A violation of this section shall be treated as a violation of section 5. (2) Judicial review (A) In general Any party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder or biological product license holder is incorporated as of the date that the NDA or biological product license application, as applicable, is filed with the Commissioner of Food and Drugs; or (iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer or biosimilar biological product application filer is incorporated as of the date that the ANDA or biosimilar biological product application is filed with the Commissioner of Food and Drugs. (B) Treatment of findings In a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive. (e) Antitrust laws Nothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of this Act to the extent that section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of an ANDA filer or biosimilar biological product application filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition. (f) Penalties (1) Forfeiture Each party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder or biological product license holder, the penalty to the NDA holder or biological product license holder shall be sufficient to deter violations, but in no event greater than 3 times the value given to the ANDA filer or biosimilar biological product application filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (2) Cease and desist (A) In general If the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). (B) Exception In an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless— (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive; or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. (3) Civil penalty In determining the amount of the civil penalty described in this section, the court shall take into account— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder or biological product license holder, compensation received by the ANDA filer or biosimilar biological product application filer, and the amount of commerce affected; and (C) other matters that justice requires. (4) Remedies in addition Remedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law. (g) Definitions In this section: (1) Agreement The term agreement means anything that would constitute an agreement under section 1 of the Sherman Act ( 15 U.S.C. 1 ) or section 5 of this Act. (2) Agreement resolving or settling a patent infringement claim The term agreement resolving or settling a patent infringement claim includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA The term ANDA means an abbreviated new drug application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) or a new drug application filed under section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) ). (4) ANDA filer The term ANDA filer means a party that owns or controls an ANDA filed with the Food and Drug Administration or has the exclusive rights under such ANDA to distribute the ANDA product. (5) ANDA product The term ANDA product means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. (6) Biological product The term biological product has the meaning given such term in section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ). (7) Biological product license application The term biological product license application means an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Biological product license holder The term biological product license holder means— (A) the holder of an approved biological product license application for a biological product; (B) a person owning or controlling enforcement of any patents that claim the biological product that is the subject of such approved application; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (9) Biosimilar biological product The term biosimilar biological product means the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim. (10) Biosimilar biological product application The term biosimilar biological product application means an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product. (11) Biosimilar biological product application filer The term biosimilar biological product application filer means a party that owns or controls a biosimilar biological product application filed with the Food and Drug Administration or has the exclusive rights under such application to distribute the biosimilar biological product. (12) Drug product The term drug product has the meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). (13) NDA The term NDA means a new drug application filed under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ). (14) NDA holder The term NDA holder means— (A) the holder of an approved NDA application for a drug product; (B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the FDA Orange Book ) in connection with the NDA; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (15) Party The term party means any person, partnership, corporation, or other legal entity. (16) Patent infringement The term patent infringement means infringement of any patent or of any filed patent application, extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. (17) Patent infringement claim The term patent infringement claim means any allegation made to an ANDA filer or biosimilar biological product application filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product, or biological product license application or biological product, may infringe any patent held by, or exclusively licensed to, the NDA holder or biological product license holder of the drug product or biological product, as applicable. (18) Statutory exclusivity The term statutory exclusivity means those prohibitions on the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E) (5- and 3-year data exclusivity), section 527 (orphan drug exclusivity), or section 505A (pediatric exclusivity) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) , 360cc, 355a), or on the licensing of biological product applications under section 351(k)(7) (12-year exclusivity) or paragraph (2) or (3) of section 351(m) (pediatric exclusivity) of the Public Health Service Act ( 42 U.S.C. 262 ) or under section 527 of the Federal Food, Drug, and Cosmetic Act (orphan drug exclusivity). . (b) Effective date Section 27 of the Federal Trade Commission Act, as added by this section, shall apply to all agreements described in section 27(a)(1) of that Act entered into after June 17, 2013. Section 27(f) of the Federal Trade Commission Act, as added by this section, shall apply to agreements entered into on or after the date of enactment of this Act. 402. 180-day exclusivity period amendments regarding first applicant status (a) Amendments to Federal Food, Drug, and Cosmetic Act (1) In general Section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(B) ) is amended— (A) in clause (iv)(II)— (i) by striking item (bb); and (ii) by redesignating items (cc) and (dd) as items (bb) and (cc), respectively; and (B) by adding at the end the following: (vi) First applicant defined As used in this subsection, the term first applicant means an applicant— (I) (aa) that, on the first day on which a substantially complete application containing a certification described in paragraph (2)(A)(vii)(IV) is submitted for approval of a drug, submits a substantially complete application that contains and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) for the drug; and (bb) that has not entered into a disqualifying agreement described under clause (viii)(II); or (II) (aa) for the drug that is not described in subclause (I) and that, with respect to the applicant and drug, each requirement described in clause (viii) is satisfied; and (bb) that has not entered into a disqualifying agreement described under clause (vii)(II). (vii) Requirement The requirements described in this clause are the following: (I) The applicant described in clause (v)(II) submitted and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) or a statement described in paragraph (2)(A)(viii) for each unexpired patent for which a first applicant described in clause (v)(I) had submitted a certification described in paragraph (2)(A)(vii)(IV) on the first day on which a substantially complete application containing such a certification was submitted. (II) With regard to each such unexpired patent for which the applicant described in clause (v)(II) submitted a certification described in paragraph (2)(A)(vii)(IV), no action for patent infringement was brought against such applicant within the 45-day period specified in paragraph (5)(B)(iii); or if an action was brought within such time period, such an action was withdrawn or dismissed by a court (including a district court) without a decision that the patent was valid and infringed; or if an action was brought within such time period and was not withdrawn or so dismissed, such applicant has obtained the decision of a court (including a district court) that the patent is invalid or not infringed (including any substantive determination that there is no cause of action for patent infringement or invalidity, and including a settlement order or consent decree signed and entered by the court stating that the patent is invalid or not infringed). (III) If an applicant described in clause (v)(I) has begun commercial marketing of such drug, the applicant described in clause (v)(II) does not begin commercial marketing of such drug until the date that is 30 days after the date on which the applicant described in clause (v)(I) began such commercial marketing. . (2) Conforming amendment Section 505(j)(5)(D)(i)(IV) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(D)(i)(IV) ) is amended by striking The first applicant and inserting The first applicant, as defined in subparagraph (B)(vi)(I), . (b) Applicability The amendments made by subsection (a) shall apply only with respect to an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) to which the amendments made by section 1102(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ) apply. 403. 180-day exclusivity period amendments regarding agreements to defer commercial marketing (a) Amendments to Federal Food, Drug, and Cosmetic Act (1) Limitations on agreements to defer commercial marketing date Section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(B) ), as amended by section 402, is further amended by adding at the end the following: (viii) Agreement by first applicant to defer commercial marketing; limitation on acceleration of deferred commercial marketing date (I) Agreement to defer approval or commercial marketing date An agreement described in this subclause is an agreement between a first applicant and the holder of the application for the listed drug or an owner of one or more of the patents as to which any applicant submitted a certification qualifying such applicant for the 180-day exclusivity period whereby that applicant agrees, directly or indirectly, (aa) not to seek an approval of its application that is made effective on the earliest possible date under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, (bb) not to begin the commercial marketing of its drug on the earliest possible date after receiving an approval of its application that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or (cc) to both items (aa) and (bb). (II) Agreement that disqualifies applicant from first applicant status An agreement described in this subclause is an agreement between an applicant and the holder of the application for the listed drug or an owner of one or more of the patents as to which any applicant submitted a certification qualifying such applicant for the 180-day exclusivity period whereby that applicant agrees, directly or indirectly, not to seek an approval of its application or not to begin the commercial marketing of its drug until a date that is after the expiration of the 180-day exclusivity period awarded to another applicant with respect to such drug (without regard to whether such 180-day exclusivity period is awarded before or after the date of the agreement). (ix) Limitation on acceleration If an agreement described in clause (viii)(I) includes more than 1 possible date when an applicant may seek an approval of its application or begin the commercial marketing of its drug— (I) the applicant may seek an approval of its application or begin such commercial marketing on the date that is the earlier of— (aa) the latest date set forth in the agreement on which that applicant can receive an approval that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or begin the commercial marketing of such drug, without regard to any other provision of such agreement pursuant to which the commercial marketing could begin on an earlier date; or (bb) 180 days after another first applicant begins commercial marketing of such drug; and (II) the latest date set forth in the agreement on which that applicant can receive an approval that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or begin the commercial marketing of such drug, without regard to any other provision of such agreement pursuant to which commercial marketing could begin on an earlier date, shall be the date used to determine whether an applicant is disqualified from first applicant status pursuant to clause (viii)(II). . (2) Notification of FDA Section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) is amended by adding at the end the following: (14) (A) The holder of an abbreviated application under this subsection shall submit to the Secretary a notification that includes— (i) (I) the text of any agreement entered into by such holder described under paragraph (5)(B)(viii)(I); or (II) if such an agreement has not been reduced to text, a written detailed description of such agreement that is sufficient to disclose all the terms and conditions of the agreement; and (ii) the text, or a written detailed description in the event of an agreement that has not been reduced to text, of any other agreements that are contingent upon, provide a contingent condition for, or are otherwise related to an agreement described in clause (i). (B) The notification described under subparagraph (A) shall be submitted not later than 10 business days after execution of the agreement described in subparagraph (A)(i). Such notification is in addition to any notification required under section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. (C) Any information or documentary material filed with the Secretary pursuant to this paragraph shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this paragraph is intended to prevent disclosure to either body of the Congress or to any duly authorized committee or subcommittee of the Congress. . (3) Prohibited acts Section 301(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(e) ) is amended by striking 505 (i) or (k) and inserting 505(i), 505(j)(11), 505(k) . (b) Infringement of patent Section 271(e) of title 35, United States Code, is amended by adding at the end the following: (7) The exclusive remedy under this section for an infringement of a patent for which the Secretary of Health and Human Services has published information pursuant to subsection (b)(1) or (c)(2) of section 505 of the Federal Food, Drug, and Cosmetic Act shall be an action brought under this subsection within the 45-day period described in subsection (j)(5)(B)(iii) or (c)(3)(C) of section 505 of the Federal Food, Drug, and Cosmetic Act. . (c) Applicability (1) Limitations on acceleration of deferred commercial marketing date The amendment made by subsection (a)(1) shall apply only with respect to— (A) an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) to which the amendments made by section 1102(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ) apply; and (B) an agreement described under section 505(j)(5)(B)(viii)(I) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)(1)) executed after the date of enactment of this Act. (2) Notification of FDA The amendments made by paragraphs (2) and (3) of subsection (a) shall apply only with respect to an agreement described under section 505(j)(5)(B)(viii)(I) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)(1)) executed after the date of enactment of this Act. 404. Increasing drug competition and preventing drug shortages Section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(7) ) is amended by adding at the end the following: (E) (i) The Commissioner shall— (I) not later than 9 months after the date of enactment of the Affordable Medications Act , publish a complete, up-to-date list on the internet website of the Food and Drug Administration of all drugs, including authorized generics, together with, with respect to the drug, as applicable— (aa) the drug trade name; (bb) the established name; (cc) each active pharmaceutical ingredient facility (as defined in section 744B(a)(4)(a)(ii)); (dd) each generic drug facility; (ee) each contract manufacturing organization facility (as defined in section 744A(5)); (ff) the date any authorized generic drug entered the market; (gg) the marketing status; and (hh) any other information the Secretary may require to mitigate or prevent drug shortages; (II) designate each drug on the list that is a sole-source generic drug; (III) designate each drug on the list that is an essential medicine, as identified by the World Health Organization, or another entity designated by the Secretary that meets evidence-based standards as required by the Secretary; and (IV) maintain a confidential list of the identity and address of each facility described in subclause (I), and publicly report on the website only the city and State or country of each such facility. (ii) The Commissioner may choose not to make information collected under clause (i) publicly available if the Secretary determines that disclosure of such information would adversely affect the public health (such as by increasing the possibility of hoarding or other disruption of the availability of drug products to patients). (iii) The Commissioner shall notify relevant Federal agencies, including the Centers for Medicare & Medicaid Services and the Federal Trade Commission, when the Commissioner first publishes the information under clause (i) that the information has been published and will be updated regularly. (iv) In this subparagraph, the term sole-source means, with respect to a drug, there is not more than one approved drug on the list of drugs under subparagraph (A), not including drugs on the discontinued section of such list. . 405. Disallowance of deduction for advertising for prescription drugs (a) In general Part IX of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section: 280I. Disallowance of deduction for direct-to-consumer advertising of prescription drugs (a) In general No deduction shall be allowed under this chapter for expenses relating to direct-to-consumer advertising of prescription drugs for any taxable year. (b) Direct-to-Consumer advertising For purposes of this section, the term direct-to-consumer advertising means any dissemination, by or on behalf of a sponsor of a prescription drug product (as such term is defined in section 735(3) of the Federal Food, Drug, and Cosmetic Act), of an advertisement which— (1) is in regard to such prescription drug product, and (2) primarily targeted to the general public, including through— (A) publication in journals, magazines, other periodicals, and newspapers, (B) broadcasting through media such as radio, television, telephone communication systems, direct mail, and billboards, (C) dissemination on the internet (including social media), and (D) manufacturer patient assistance programs, as defined in section 399V–7 of the Public Health Service Act. . (b) Conforming amendment The table of sections for such part IX of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 280H the following new item: Sec. 280I. Disallowance of deduction for direct-to-consumer advertising of prescription drugs. . (c) Effective date The amendments made by subsections (a) and (b) shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date. (d) Oversight of prescription drugs (1) In general The Secretary of Health and Human Services (referred to in this subsection as the Secretary ), acting through the Commissioner of Food and Drugs and in coordination with other Federal agencies, shall conduct oversight of the risks and benefits of drugs that are on the market and how such risks are presented in drug advertisements for the purpose of correcting false or misleading information published in direct-to-consumer advertisements and to disseminate corrective information to health care providers and the general public regarding the risks and benefits of a drug on an quarterly basis. (2) Prereview of television advertisements The Secretary, acting through the Commissioner of Food and Drugs and in consultation with relevant stakeholders, shall issue new, or update current, guidance issued under section 503C of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353c ). In carrying out this paragraph, the Secretary shall focus on drugs that present the greatest risk to consumers, drugs that represent the greatest proportion of total spending in Federal programs, drugs with high unit price increases over the preceding year, drugs with high launch prices, or any other priority drugs identified by the Secretary. (3) Funding There is authorized to be appropriated to the Secretary an amount equal to the increase in revenue resulting from the enactment of section 280I of the Internal Revenue Code of 1986, as added by subsection (a). 406. Drug manufacturer duty to disclose drug prices to practitioners (a) Duty To disclose Whenever a drug manufacturer, including any representative of the manufacturer, communicates with a health care practitioner about a drug manufactured by the drug manufacturer, including through promotional, educational, or marketing communications, meetings or paid events, and the provision of goods, gifts, and samples, the drug manufacturer shall disclose to the practitioner the wholesale acquisition cost (as defined in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B))) for a 30-day supply of the drug, which may include a brief qualitative explanation of reduced cost availability for certain consumers. (b) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of subsection (a) by a person with respect to whom the Commission is empowered under section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of Federal Trade Commission (A) In general The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). (c) Rulemaking The Federal Trade Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this section. (d) Savings provision Nothing in this section shall be construed to limit, impair, or supersede the operation of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) or any other provision of Federal law. | https://www.govinfo.gov/content/pkg/BILLS-117s1898is/xml/BILLS-117s1898is.xml |
117-s-1899 | II 117th CONGRESS 1st Session S. 1899 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Scott of Florida (for himself, Mrs. Hyde-Smith , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit any direct or indirect United States funding for the territory of Gaza unless certain conditions are met.
1. Short title This Act may be cited as the Stop Taxpayer Funding of Hamas Act . 2. Restriction on the expenditure for Federal funds in Gaza (a) In general No United States Government funds may be obligated or expended in the territory of Gaza until after the President certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that such funds can be expended without benefitting any organization or persons that is— (1) a member of Hamas, Palestinian Islamic Jihad, or any other organization designated by the Secretary of State as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or (2) controlled or influenced by Hamas, Palestinian Islamic Jihad, or any such foreign terrorist organization. (b) United Nations entities No United States Government funds may be obligated or expended in the territory of Gaza through any United Nations entity or office unless the President certifies to the congressional committees referred to in subsection (a) that such entity or office is not encouraging or teaching anti-Israel or anti-Semitic ideas or propaganda. | https://www.govinfo.gov/content/pkg/BILLS-117s1899is/xml/BILLS-117s1899is.xml |
117-s-1900 | II 117th CONGRESS 1st Session S. 1900 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Casey (for himself, Ms. Cortez Masto , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Trade Act of 1974 to modify the eligibility requirements for the Generalized System of Preferences to strengthen worker protections and to ensure that beneficiary developing countries afford equal rights and protection under the law, regardless of gender, and for other purposes.
1. Short title This Act may be cited as the Women’s Economic Empowerment in Trade Act of 2021 . 2. Modification of eligibility requirements for Generalized System of Preferences (a) In general Section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ) is amended— (1) in subsection (b)(2)— (A) in subparagraph (G), by striking has not taken or is not taking steps to and inserting does not substantially ; (B) by inserting after subparagraph (H) the following: (I) Such country does not substantially afford equal rights and protection under the law, regardless of gender, in the country (including in any designated zone in that country). (J) Such country engages in gross violations of internationally recognized human rights in that country (including any designated zone in that country). ; and (C) in the flush text, by striking and (H) (to the extent described in section 507(6)(D)) and inserting (H) (to the extent described in section 507(6)(D)), and (I) ; and (2) in subsection (c)— (A) in paragraph (6)(B), by striking ; and and inserting a semicolon; and (B) by striking paragraph (7) and inserting the following: (7) the extent to which such country affords to workers in that country (including any designated zone in that country) internationally recognized worker rights; and (8) the extent to which such country affords equal rights and protection under the law, regardless of gender, in that country (including any designated zone in that country). . (b) Collection and dissemination of information on eligibility criteria Section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ) is amended by adding at the end the following: (g) Collection and dissemination of information on eligibility criteria The President shall— (1) collect, from the United States embassy in each country designated as a beneficiary developing country for purposes of this title, information on the extent to which the country meets the eligibility criteria described in subparagraphs (G), (H), and (I) of subsection (b)(2); and (2) publish on a publicly accessible internet website of the Office of the United States Trade Representative— (A) the information collected under paragraph (1); and (B) information on the process for filing a petition for the review of the eligibility of a country for designation as a beneficiary developing country. (h) Publication of determinations relating to petitions for review The United States Trade Representative shall publish in the Federal Register a notice of, and the rationale for, any determination of the Trade Representative with respect to a petition for review of the eligibility of a country for designation as a beneficiary developing country, including a determination— (1) to accept or deny such a petition; (2) to continue to review the eligibility of the country; or (3) to withdraw, suspend, or limit the application of duty-free treatment under this title with respect to the country. . (c) Definitions Section 507 of the Trade Act of 1974 ( 19 U.S.C. 2467 ) is amended— (1) in paragraph (4)— (A) in subparagraph (D), by striking ; and and inserting a semicolon; (B) in subparagraph (E), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (F) the elimination of all forms of discrimination with respect to occupation and employment; and (G) the elimination of all forms of violence and harassment in the world of work, including gender-based violence and harassment. ; and (2) by adding at the end the following: (7) Equal rights and protection under the law The term equal rights and protection under the law refers to measures that provide the same rights, privileges, and protections to all citizens, including legal protections to ensure equal access and protections on the basis of gender regardless of marital status, including with respect to— (A) all internationally recognized worker rights; (B) mobility, including obtaining identification that allows for mobility; (C) employment conditions, including opportunities, remuneration including benefits and equal treatment and pay in respect of work of equal value and protections from dismissal and other adverse employment actions on the grounds of pregnancy; (D) access to financial services, including bank accounts, loans, mortgages, and credit; (E) assets, including property and inheritance rights; (F) access to education; (G) access to public institutions, including courts; (H) protections from violence and harassment, including gender-based violence and harassment; (I) marriage, divorce, and child custody; and (J) participation in all levels of government and nongovernmental organizations and associations concerned with the public and political life of the country. . 3. Supplemental review and reporting (a) Policy of the United States It is the policy of the United States to support gender equality and worker rights by promoting legal reforms that address legal, structural, and social barriers that constrain the full and free economic participation of all workers in the global economy. (b) Review of compliance (1) In general Title V of the Trade Act of 1974 ( 19 U.S.C. 2461 et seq.) is amended by inserting after section 504 the following: 504A. Review of compliance relating to internationally recognized worker rights and equal rights and protection under the law (a) In general Not less frequently than annually, the United States Trade Representative and the Deputy Undersecretary of Labor for International Affairs, in consultation with the policy advisory committee on labor established under section 135(c)(1), shall jointly— (1) review the laws of each beneficiary developing country related to the compliance of the country with internationally recognized worker rights and the affording of equal rights and protection under the law, regardless of gender, in each of the categories described in subsection (b); (2) assess the legal rights and protections afforded in such counties and the extent to which the country continues to meet the eligibility criteria described in subparagraphs (G), (H), and (I) of section 502(b)(2); and (3) submit to Congress a report on the laws of and legal rights and protections afforded in such countries. (b) Categories described The categories described in this subsection are the following: (1) Internationally recognized worker rights. (2) Mobility. (3) Employment conditions, benefits and pay, including equal pay for equal work and removal of employment restrictions. (4) Entrepreneurship. (5) Assets, including property and inheritance rights. (6) Equal access to education. (7) Access to institutions. (8) Protections from violence and harassment, including gender-based violence and harassment. (9) Marriage, divorce, and child custody. (c) Failure To comply If, in the report required by subsection (a) for 5 consecutive years, the Trade Representative and the Deputy Undersecretary, in consultation with the policy advisory committee on labor established under section 135(c)(1), determine that the laws of and legal rights and protections afforded in a beneficiary developing country fail to meet the eligibility criteria described in subparagraphs (G), (H), and (I) of section 502(b)(2), the benefits provided to that country under this title shall be reduced by such amount and in such manner as the Trade Representative considers appropriate. (d) Metrics The Trade Representative and the Deputy Undersecretary shall establish metrics for the conduct of reviews and assessments under subsection (a). (e) Measurement of women's economic empowerment To support the measurement of women’s economic empowerment, the Trade Representative shall encourage and support the reporting by beneficiary developing countries of sex-disaggregated economic and business data, including the gathering of information consistent with the United Nations Sustainable Development Goals, particularly the goals relating to gender equality and decent work. . (2) Clerical amendment The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 504 the following: Sec. 504A. Review of compliance relating to internationally recognized worker rights and equal rights and protection under the law. . | https://www.govinfo.gov/content/pkg/BILLS-117s1900is/xml/BILLS-117s1900is.xml |
117-s-1901 | II 117th CONGRESS 1st Session S. 1901 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Tester (for himself, Mr. Moran , Ms. Warren , Ms. Smith , Mr. Luján , Mr. Markey , Mr. Schatz , Mr. Wyden , Ms. Hirono , Mr. Kelly , Ms. Cortez Masto , and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.
1. Authority reaffirmed (a) Reaffirmation Section 19 of the Act of June 18, 1934 (48 Stat. 988, chapter 576; 25 U.S.C. 5129 ) (commonly known as the Indian Reorganization Act ), is amended— (1) in the first sentence— (A) by striking The term and inserting Effective beginning on June 18, 1934, the term ; and (B) by striking any recognized Indian tribe now under Federal jurisdiction and inserting any federally recognized Indian tribe ; and (2) by striking the third sentence and inserting the following: In this Act, the terms Indian tribe and tribe mean any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe. . (b) Effective Date The amendments made by subsection (a) shall take effect as if included in the Act of June 18, 1934 (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.) (commonly known as the Indian Reorganization Act ), on the date of the enactment of that Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1901is/xml/BILLS-117s1901is.xml |
117-s-1902 | II 117th CONGRESS 1st Session S. 1902 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Cortez Masto (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To empower communities to establish a continuum of care for individuals experiencing mental or behavioral health crisis, and for other purposes.
1. Short title This Act may be cited as the Behavioral Health Crisis Services Expansion Act . 2. Crisis response continuum of care (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish standards for a continuum of care for use by health care providers and communities in responding to individuals experiencing a mental or behavioral health crisis, including those individuals with co-occurring substance use disorders (referred to in this section as the crisis response continuum ). (b) Requirements (1) Scope of standards Such standards shall define— (A) minimum requirements of core crisis services, as determined by the Secretary, to include requirements that each entity that furnishes such services should— (i) not require prior authorization from an insurance provider nor referral from a health care provider prior to the delivery of services; (ii) serve all individuals regardless of age or ability to pay; (iii) operate 24 hours a day, 7 days a week, and provide care to all individuals; and (iv) provide care and support through resources described in paragraph (2)(A) until the individual has been stabilized or transfer the individual to the next level of crisis care; and (B) psychiatric stabilization, including the point at which a case may be closed for— (i) individuals screened over the phone; and (ii) individuals stabilized on the scene by mobile teams. (2) Identification of essential functions The Secretary shall identify the essential functions of each service in the crisis response continuum, which shall include at least the following: (A) Identification of resources for referral and enrollment in continuing behavioral health and other human services for the individual in crisis where necessary. (B) Delineation of access and entry points to services within the crisis response continuum. (C) Development of and adherence to protocols and agreements for the transfer and receipt of individuals to and from other segments of the crisis response continuum segments as needed, and from outside referrals including health care providers, law enforcement, EMS, fire, education institutions, and community-based organizations. (D) Description of the qualifications of crisis services staff, including roles for physicians, licensed clinicians, case managers, and peers (in accordance with State licensing requirements). (E) Requirements for the convention of collaborative meetings of crisis response service providers, first responders, and community partners operating in a common region for the discussion of case management, best practices, and general performance improvement. (3) Service capacity and quality standards Such standards shall include definitions of— (A) adequate volume of services to meet population need; (B) appropriate timely response; and (C) capacity to meet the needs of different patient populations, including all age groups, cultural and linguistic minorities, and individuals with co-occurring mental health and substance use disorder crisis, individuals with cognitive disabilities experiencing behavioral health crises, and individuals with chronic medical conditions and physical disabilities experiencing behavioral health crises. (4) Oversight and accreditation The Secretary shall designate entities charged with the oversight and accreditation of entities within the crisis response continuum. (5) Implementation timeframe Not later than 1 year after the date of enactment of this Act, the Secretary shall establish the standards under this section. (6) Data collection and evaluations (A) In general The Secretary, directly or through grants, contracts, or interagency agreements, shall collect data and conduct evaluations with respect to the provision of services and programs offered on the crisis response continuum for purposes of assessing the extent to which the provision of such services and programs meet certain objectives and outcomes measures as determined by the Secretary. Such objectives shall include— (i) a reduction in inappropriate arrests of individuals who are in mental health crisis; (ii) a reduction in inappropriate emergency room admissions and readmissions; and (iii) evidence of adequate access to crisis care centers and crisis bed services. (B) Rulemaking The Secretary shall carry out this subsection through notice and comment rulemaking, following a request for information from stakeholders. (C) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated such sums as are necessary to remain available until expended. (c) Components of crisis response continuum The crisis response continuum consists of at least the following components: (1) Crisis call centers Regional clinically managed crisis call centers that provide telephonic crisis intervention capabilities. Such centers should meet National Suicide Prevention Lifeline operational guidelines regarding suicide risk assessment and engagement and offer air traffic control-quality coordination of crisis care in real-time. (2) Mobile crisis response team Teams of providers that are available to reach any individual in the service area in their home, workplace, or any other community-based location of the individual in crisis in a timely manner. (3) Crisis receiving and stabilization facilities Subacute inpatient facilities and other facilities specified by the Secretary that provide short-term observation and crisis stabilization services to all referrals, including the following services: (A) 23-hour crisis stabilization services A direct care service that provides individuals in severe distress with up to 23 consecutive hours of supervised care to assist with deescalating the severity of their crisis or need for urgent care in a sub-acute inpatient setting. (B) Short-term crisis residential services A direct care service that assists with deescalating the severity of an individual's level of distress or need for urgent care associated with a substance use or mental health disorder in a residential setting. (4) Behavioral health urgent care facilities Ambulatory services available 12-24 hours per day, 7 days a week, where individuals experiencing crisis can walk in without an appointment to receive crisis assessment, crisis intervention, medication, and connection to continuity of care. (5) Additional facilities and providers The Secretary shall specify additional facilities and health care providers as part of the crisis response continuum, as the Secretary determines appropriate. (d) Relationship to State law (1) In general Subject to paragraph (2), the standards established under this section are minimum standards and nothing in this section may be construed to preclude a State from establishing additional standards, so long as such standards are not inconsistent with the requirements of this section or other applicable law. (2) Waiver or modification The Secretary shall establish a process under which a State may request a waiver or modification of a standard established under this section. 3. Coverage of crisis response services (a) Coverage under the Medicare program (1) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (A) in subparagraph (GG), by striking and at the end; (B) in subparagraph (HH), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (II) crisis response services as defined in subsection (lll); . (2) Crisis response services defined Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (lll) Crisis response services defined (1) In general The term crisis response services means mental or behavioral health services that are furnished by a mobile crisis response team, a crisis receiving and stabilization facility, behavioral health urgent care facility, or other appropriate provider, as determined by the Secretary, to an individual experiencing a mental or behavioral health crisis. Such term includes services identified by the Secretary as part of the crisis response continuum of care under section 2 of the Behavioral Health Crisis Services Expansion Act . (2) Definitions In this subsection, the terms mobile crisis response team , crisis receiving and stabilization facility , and behavioral health urgent care facility have the meaning given those terms for purposes of such section. . (3) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and (DD) and inserting (DD) ; and (B) by inserting before the semicolon at the end the following: and (EE) with respect to crisis response services described in section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the service or the fee schedule amount provided under section 1848 . (4) Ambulance transport of individuals in crisis (A) In general Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) ) is amended by adding at the end the following new paragraph: (18) Transportation of individuals in crisis With respect to ambulance services furnished on or after the date that is 3 years after the date of the enactment of the Behavioral Health Crisis Services Expansion Act , the regulations described in section 1861(s)(7) shall provide coverage under such section for ambulance services to transport an individual experiencing a mental or behavioral health crisis to an appropriate facility, such as a community mental health center (as defined in section 1861(ff)(3)(B)) or other facility or provider identified by the Secretary as part of the crisis response continuum of care under section 2 of the Behavioral Health Crisis Services Expansion Act , as appropriate, for crisis response services described in section 1861(s)(2)(II). . (B) Conforming amendment Section 1861(s)(7) of such Act ( 42 U.S.C. 1395x(s)(7) ) is amended by striking section 1834(l)(14) and inserting paragraphs (14) and (18) of section 1834(l) . (5) Effective date The amendments made by this subsection shall apply to services furnished on or after the date that is 3 years after the date of the enactment of this Act. (b) Mandatory coverage of crisis response services under the Medicaid program (1) In general Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) is amended— (A) in section 1902(a)(10)(A), in the matter preceding clause (i), by striking and (30) and inserting (30), and (31) ; and (B) in section 1905— (i) in subsection (a)— (I) in paragraph (30), by striking ; and and inserting a semicolon; (II) by redesignating paragraph (31) as paragraph (32); and (III) by inserting the following paragraph after paragraph (30): (31) subject to subsection (jj), crisis response services (as defined in section 1861(lll)); and ; and (ii) by adding at the end the following new subsection: (jj) Exception to requirement To provide coverage for crisis response services The requirement to provide services described in paragraph (31) of subsection (a) shall not apply with respect to a State for a fiscal year, if before the beginning of such year the State certifies to the satisfaction of the Secretary that implementing such requirement statewide for all individuals eligible to enroll in the State plan (or waiver of the State plan) would not be feasible by reason of a shortage of qualified providers of crisis response services, or facilities providing such treatment, that will contract with the State or a managed care entity with which the State has a contract under section 1903(m) or under section 1905(t)(3). . (2) Presumptive eligibility determination by crisis response service providers Section 1902(a)(47)(B) of the Social Security Act ( 42 U.S.C. 1396a(a)(47)(B) ) is amended by inserting or provider of crisis response services (as defined in section 1861(lll)) after any hospital . (3) Effective date (A) In general Except as provided in subparagraph (B), the amendments made by this section shall take effect on the date that is 3 years after the date of the enactment of this Act. (B) Delay permitted if state legislation required In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (c) Essential health benefits Section 1302(b)(1)(E) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(b)(1)(E) ) is amended by inserting and crisis response services (as defined in section 1861(lll) of the Social Security Act) before the period. (d) Group health plans Section 2707 of the Public Health Service Act ( 42 U.S.C. 300gg–6 ) is amended by adding at the end the following: (e) Crisis response services A group health plan or a health insurance issuer that offers health insurance coverage in the large group market shall ensure that such coverage includes crisis response services (as defined in section 1861(lll) of the Social Security Act). . (e) TRICARE coverage (1) In general The Secretary of Defense shall provide coverage under the TRICARE program for crisis response services, as defined in section 1861(lll) of the Social Security Act ( 42 U.S.C. 1395x ) (as amended by section 3). (2) TRICARE program defined In this section, the term TRICARE program has the meaning given the term in section 1072 of title 10, United States Code. (f) Reimbursement for crisis response services for veterans Section 1725(f)(1) of title 38, United States Code, is amended, in the matter preceding subparagraph (A), by inserting , including crisis response services (as defined in subsection (lll) of section 1861 of the Social Security Act ( 42 U.S.C. 1395x )), after services . (g) Coverage under FEHB (1) In general Section 8902 of title 5, United States Code, is amended by adding at the end the following: (p) Each contract for a plan under this chapter shall require the carrier to provide coverage for crisis response services, as that term is defined in subsection (lll) of section 1861 of the Social Security Act ( 42 U.S.C. 1395x ). . (2) Effective date The amendment made by paragraph (1) shall apply beginning with respect to the third contract year for chapter 89 of title 5, United States Code, that begins on or after the date that is 3 years after the date of enactment of this Act. 4. Building the crisis continuum infrastructure (a) Additional amounts for Mental Health Block grant Section 1920 of the Public Health Service Act ( 42 U.S.C. 300x–9 ) is amended by adding at the end the following: (d) Support for crisis response services infrastructure (1) In general In addition to amounts made available under subsection (a), there are authorized to be appropriated such sums as are necessary for each of fiscal years 2022, 2023, and 2024, for purposes of supporting the infrastructure needed to provide crisis response services (as defined in section 1861(lll) of the Social Security Act) in the States, which may include training and continuing education, and administrative expenses with respect to the provision of such services. (2) Allotments Each fiscal year for which amounts are appropriated under paragraph (1), the Secretary shall allot to each State that receives a grant under section 1911 for the fiscal year an amount that bears the same relationship to the total amount appropriated under paragraph (1) for the fiscal year that the amount received by the State under section 1911(a) for the fiscal year bears to the total amount appropriated under subsection (a) for the fiscal year. . (b) Technical assistance The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall provide to States technical assistance regarding the provision of crisis response services, as defined in section 1861(lll) of the Social Security Act ( 42 U.S.C. 1395x ) (as amended by section 3), including guidance on how States may blend Medicaid funds available to States under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) and funds available to States under the community mental health services block grant program under subpart I of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x et seq.) and the substance abuse prevention and treatment block grant program under subpart II of part B of title XIX of such Act ( 42 U.S.C. 300x–21 et seq.) to provide such services. (c) Clearinghouse of best practices The Secretary shall develop and maintain a publicly available clearinghouse of best practices for the successful operation of each segment of the system for providing crisis response services (as defined in section 1861(lll) of the Social Security Act ( 42 U.S.C. 1395x ) (as amended by section 3)) and the integration of such best practices into the provision of such services. The clearinghouse shall be updated annually. 5. Incident reporting (a) Establishment of protocol panel The Secretary of Health and Human Services (referred to in this section as the Secretary ), in consultation with the Attorney General, shall convene a panel for the purposes of making recommendations for training and protocol for 911 dispatchers to respond appropriately to individuals experiencing a psychiatric crisis based on the characteristics of the incident and the needs of the caller. (b) Panelists The Secretary shall appoint individuals to serve staggered 10-year terms on the panel established under subsection (a). Such individuals shall include— (1) firefighters; (2) emergency medical services personnel; (3) law enforcement officers; (4) 911 dispatchers; (5) representatives from each segment of the crisis response continuum, as described in section 2, including 988 dispatchers; (6) individuals who have received services under such crisis response continuum, including individuals under the age of 18 and members of underserved communities; and (7) other individuals, as the Secretary determines appropriate. (c) Recommendations (1) Topics In issuing recommendations under this section, the panel shall consider— (A) connecting 911 callers to crisis care services instead of responding with law enforcement officers; (B) integrating the 988 system into the 911 system, or transferring calls from the 911 system to the 988 system as appropriate; and (C) a process for identifying 911 callers who are in mental health distress and evaluating the level of need of such callers, as defined by standardized assessment tools such as the Level of Care Utilization System (LOCUS) and the Child and Adolescent Level of Care Utilization System (CALOCUS). (2) Updates The panel shall update recommendations issued under this section not less frequently than every 5 years. | https://www.govinfo.gov/content/pkg/BILLS-117s1902is/xml/BILLS-117s1902is.xml |
117-s-1903 | II 117th CONGRESS 1st Session S. 1903 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Durbin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to revise certain ethylene oxide emissions standards under the Clean Air Act, and for other purposes.
1. Ethylene oxide emissions standards (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall amend subpart O of part 63 of title 40, Code of Federal Regulations— (1) to revise the standards for the emission of ethylene oxide under that subpart based on the results described in the report of the National Center for Environmental Assessment of the Environmental Protection Agency entitled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide and dated December 2016; (2) to apply maximum achievable control technology (within the meaning of the Clean Air Act ( 42 U.S.C. 7401 et seq.)) requirements to chamber exhaust vents; and (3) to apply to area sources and major sources (as those terms are defined in section 112(a) of the Clean Air Act ( 42 U.S.C. 7412(a) )) of ethylene oxide. (b) Residual risk review Not later than 180 days after the date on which the Administrator finalizes the revised standards required under subsection (a), the Administrator shall carry out a residual risk assessment pursuant to section 112(f)(2) of the Clean Air Act ( 42 U.S.C. 7412(f)(2) ) with respect to the revised standards. (c) Notification (1) In general Not later than 30 days after the Administrator learns of a violation of the standards revised under subsection (a), the Administrator shall notify the public of the violation in a manner determined to be appropriate by the Administrator. (2) Failure to notify If the Administrator fails to notify the public under paragraph (1) by the end of the period described in that paragraph, the Inspector General of the Environmental Protection Agency shall carry out an investigation to determine— (A) the reason or reasons for which the Administrator failed to notify the public; (B) the public health risks associated with the failure of the Administrator to notify the public; and (C) any steps the Administrator should take to ensure the Administrator meets the requirements described in paragraph (1) in the future. | https://www.govinfo.gov/content/pkg/BILLS-117s1903is/xml/BILLS-117s1903is.xml |
117-s-1904 | II 117th CONGRESS 1st Session S. 1904 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Rubio (for himself, Mr. Grassley , Ms. Collins , Mr. Moran , Mr. Young , Mr. Hoeven , Ms. Ernst , Mr. Braun , Mr. Boozman , Mr. Scott of Florida , Mrs. Hyde-Smith , Mr. Wicker , Mr. Lankford , Mrs. Blackburn , Mr. Hagerty , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to foreign support for Palestinian terrorism, and for other purposes.
1. Short title This Act may be cited as the Palestinian International Terrorism Support Prevention Act of 2021 . 2. Definitions Except as otherwise provided, in this Act: (1) Admitted The term admitted has the meaning given that term in section 101(a)(13)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(13)(A) ). (2) Appropriate congressional committees Except as otherwise provided, 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. (3) Foreign person The term foreign person means— (A) an individual who is not a United States person; or (B) a corporation, partnership, or other nongovernmental entity that is not a United States person. (4) Material support The term material support has the meaning given the term material support or resources in section 2339A of title 18, United States Code. (5) Person The term person means an individual or entity. (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 of any jurisdiction within the United States, including a foreign branch of such an entity. 3. Statement of policy It is the policy of the United States— (1) to prevent Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof from accessing its international support networks; and (2) to oppose Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof from attempting to use goods, including medicine and dual-use items, to smuggle weapons and other materials to further acts of terrorism. 4. Imposition of sanctions with respect to foreign persons and agencies and instrumentalities of foreign states supporting Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof (a) Identification (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the President shall submit to the appropriate congressional committees a report that identifies each foreign person or agency or instrumentality of a foreign state that the President determines— (A) knowingly assists in, sponsors, or provides significant financial or material support for, or financial or other services to or in support of, the terrorist activities of any person described in paragraph (2); or (B) directly or indirectly, knowingly and materially engages in a significant transaction with any person described in paragraph (2). (2) Person described A person described in this paragraph is a foreign person that the President determines— (A) is a senior member of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof; (B) is a senior member of a foreign terrorist organization designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) whose members directly or indirectly support the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof by knowingly engaging in a significant transaction with, or providing financial or material support for Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or any person described in subparagraph (A); or (C) directly or indirectly supports the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof by knowingly and materially assisting, sponsoring, or providing financial or material support for, or goods or services to or in support of, Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or any person described in subparagraph (A) or (B). (3) Form of report Each report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. (4) Exception (A) In general The President shall not be required to identify a foreign person or an agency or instrumentality of a foreign state in a report pursuant to paragraph (1)(B) if— (i) the foreign person or agency or instrumentality of a foreign state notifies the United States Government in advance that it proposes to engage in a significant transaction described in that paragraph; and (ii) the President determines and notifies the appropriate congressional committees in a classified form not less than 15 days prior to the foreign person or agency or instrumentality of a foreign state engaging in the significant transaction that the significant transaction is in the national interests of the United States. (B) Non-applicability Subparagraph (A) shall not apply with respect to— (i) an agency or instrumentality of a foreign state that the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Controls Act of 2018 ( 50 U.S.C. 4813(c) ), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), or any other provision of law; or (ii) any significant transaction described in paragraph (1)(B) that involves, directly or indirectly, a foreign state described in clause (i). (b) Imposition of sanctions (1) In general The President shall impose two or more of the sanctions described in paragraph (2) with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection (a). (2) Sanctions described The sanctions described in this paragraph to be imposed with respect to a foreign person or an agency or instrumentality of a foreign state are the following: (A) The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the foreign person or agency or instrumentality of a foreign state, and the Export-Import Bank of the United States shall comply with any such direction. (B) The President may prohibit the sale of any defense articles, defense services, or design and construction services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq.) to the foreign person or agency or instrumentality of a foreign state. (C) The President may prohibit the issuance of licenses for export of any item on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act ( 22 U.S.C. 2778(a)(1) ) that include the foreign person or agency or instrumentality of a foreign state as a party. (D) The President may prohibit the export of any goods or technologies controlled for national security reasons under the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, to the foreign person or agency or instrumentality of a foreign state, except that such prohibition shall not apply to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.). (E) The President may prohibit any United States financial institution from making loans or providing any credit or financing totaling more than $10,000,000 to the foreign person or agency or instrumentality of a foreign state, except that this subparagraph shall not apply to— (i) any transaction subject to the reporting requirements of title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.); (ii) the provision of medicines, medical equipment, and humanitarian assistance; or (iii) any credit, credit guarantee, or financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodities. (F) The President may exercise all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person or agency or instrumentality of a foreign state if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (3) Exception The President shall not be required to apply sanctions under this subsection with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection (a) if the President certifies in writing to the appropriate congressional committees that— (A) the foreign person or agency or instrumentality— (i) is no longer carrying out activities or transactions for which the sanctions were to be imposed; or (ii) has taken and is continuing to take significant verifiable steps toward terminating the activities or transactions for which the sanctions were to be imposed; and (B) the President has received reliable assurances from the foreign person or agency or instrumentality that it will not carry out any activities or transactions for which sanctions may be imposed under this subsection in the future. (c) Penalties (1) In general The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under section 8(b) to carry out subsection (b)(2)(F) to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of that Act. (2) Authorities The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) for purposes of carrying out subsection (b)(2)(F). (d) Waiver (1) In general The President may waive, on a case-by-case basis and for a period of not more than 180 days, a requirement under subsection (b) to impose or maintain sanctions with respect to a foreign person or agency or instrumentality of a foreign state if the President— (A) determines that the waiver is in the national security interest of the United States; and (B) not less than 30 days before the waiver takes effect, submits to the appropriate congressional committees a report on the waiver and the justification for the waiver. (2) Renewal of waiver The President may, on a case-by-case basis, renew a waiver under paragraph (1) for additional periods of not more than 180 days if the President— (A) determines that the renewal of the waiver is in the national security interest of the United States; and (B) not less than 15 days before the waiver expires, submits to the appropriate congressional committees a report on the renewal of the waiver and the justification for the renewal of the waiver. (e) Rule of construction The authority to impose sanctions under subsection (b) with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection (a) is in addition to the authority to impose sanctions under any other provision of law with respect to foreign persons or agencies or instrumentalities of foreign states that directly or indirectly support international terrorism. (f) Agency or instrumentality of a foreign state defined In this section, the term agency or instrumentality of a foreign state has the meaning given that term in section 1603(b) of title 28, United States Code. (g) Effective date This section shall take effect on the date of the enactment of this Act and apply with respect to activities and transactions described in subsection (a) that are carried out on or after such date of enactment. 5. Imposition of sanctions with respect to foreign governments that provide material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof (a) Identification (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that identifies the following: (A) Each government of a foreign country— (i) with respect to which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Controls Act of 2018 ( 50 U.S.C. 4813(c) ), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), or any other provision of law; and (ii) with respect to which the President determines has provided direct or indirect material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. (B) Each government of a foreign country that— (i) is not identified under subparagraph (A); and (ii) the President determines engaged in a significant transaction so as to contribute knowingly and materially to the efforts by the government of a foreign country described in subparagraph (A)(i) to provide direct or indirect material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. (2) Form of report Each report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of sanctions (1) In general The President shall impose the following sanctions with respect to each government of a foreign country identified under subsection (a)(1): (A) The United States Government shall suspend, for a period of one year, United States assistance to the government of the foreign country. (B) The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of one year, the extension by that institution of any loan or financial or technical assistance to the government of the foreign country. (C) No item on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act ( 22 U.S.C. 2778(a)(1) ) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations (or any successor list), may be exported to the government of the foreign country for a period of one year. (2) Exceptions The President shall not be required to apply sanctions with respect to the government of a foreign country pursuant to paragraph (1)— (A) with respect to materials intended to be used by military or civilian personnel of the United States Armed Forces at military facilities in the country; or (B) if the application of such sanctions would prevent the United States from meeting the terms of any status of forces agreement to which the United States is a party. (c) Additional sanctions with respect to state sponsors of terrorism The President shall impose the following additional sanctions with respect to each government of a foreign country identified under subsection (a)(1)(A): (1) The President shall, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the government of the foreign country has any interest. (2) The President shall, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between one or more financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the government of the foreign country. (d) Waiver (1) In general The President may waive, on a case-by-case basis and for a period of not more than 180 days, a requirement under subsection (b) or (c) to impose or maintain sanctions with respect to a foreign government identified pursuant to subparagraph (A) or (B) of subsection (a)(1) if the President— (A) determines that the waiver is in the national security interest of the United States; and (B) not less than 30 days before the waiver takes effect, submits to the appropriate congressional committees a report on the waiver and the justification for the waiver. (2) Renewal of waiver The President may, on a case-by-case basis, renew a waiver under paragraph (1) for additional periods of not more than 180 days if the President— (A) determines that the renewal of the waiver is in the national security interest of the United States; and (B) not less than 15 days before the waiver expires, submits to the appropriate congressional committees a report on the renewal of the waiver and the justification for the renewal of the waiver. (e) Rule of construction The authority to impose sanctions under subsection (b) or (c) with respect to each government of a foreign country identified pursuant to subparagraph (A) or (B) of subsection (a)(1) is in addition to the authority to impose sanctions under any other provision of law with respect to governments of foreign countries that provide material support to foreign terrorist organizations designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (f) Termination The President may terminate any sanctions imposed with respect to the government of a foreign country under subsection (b) or (c) if the President determines and notifies the appropriate congressional committees that the government of the foreign country— (1) is no longer carrying out activities or transactions for which the sanctions were imposed; and (2) has provided assurances to the United States Government that it will not carry out activities or transactions for which sanctions may be imposed under subsection (b) or (c) in the future. (g) Effective date This section shall take effect on the date of the enactment of this Act and apply with respect to activities and transactions described in subparagraph (A) or (B) of subsection (a)(1) that are carried out on or after such date of enactment. 6. Exemptions relating to provision of humanitarian assistance (a) Sanctions with respect to foreign persons and agencies and instrumentalities of foreign states The following activities shall be exempt from sanctions under section 4: (1) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to a foreign person described in section 4(a)(2). (2) The provision of humanitarian assistance to a foreign person described in section 4(a)(2), including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes. (b) Sanctions with respect to foreign governments The following activities shall be exempt from sanctions under section 5: (1) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof described in section 5(a)(1). (2) The provision of humanitarian assistance to Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof described in section 5(a)(1), including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes. 7. Report on activities of foreign countries to disrupt global fundraising, financing, and money laundering activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes— (A) a list of foreign countries that support Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or in which Hamas maintains important portions of its financial networks; (B) with respect to each foreign country on the list required by subparagraph (A)— (i) an assessment of whether the government of the country is taking adequate measures to freeze the assets of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof within the territory of the country; and (ii) in the case of a country the government of which is not taking adequate measures to freeze the assets of Hamas— (I) an assessment of the reasons that government is not taking adequate measures to freeze those assets; and (II) a description of measures being taken by the United States Government to encourage that government to freeze those assets; (C) a list of foreign countries in which Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, conducts significant fundraising, financing, or money laundering activities; (D) with respect to each foreign country on the list required by subparagraph (C)— (i) an assessment of whether the government of the country is taking adequate measures to disrupt the fundraising, financing, or money laundering activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof within the territory of the country; and (ii) in the case of a country the government of which is not taking adequate measures to disrupt those activities— (I) an assessment of the reasons that government is not taking adequate measures to disrupt those activities; and (II) a description of measures being taken by the United States Government to encourage that government to improve measures to disrupt those activities; and (E) a list of foreign countries from which Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, acquires surveillance equipment, electronic monitoring equipment, or other means to inhibit communication or political expression in Gaza. (2) Form The report required by paragraph (1) shall be submitted in unclassified form to the greatest extent possible and may contain a classified annex. (b) Briefing Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for the following 3 years, the Secretary of State, the Secretary of the Treasury, and the heads of other applicable Federal departments and agencies (or their designees) shall provide to the appropriate congressional committees a briefing on the disposition of the assets and activities of Hamas, the Palestinian Islamic Jihad, or any successor or affiliate thereof related to fundraising, financing, and money laundering worldwide. (c) Definition In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 8. Miscellaneous provisions (a) Rule of construction Nothing in this Act shall be construed to apply to the authorized intelligence activities of the United States. (b) Regulatory authority The President shall, not later than 180 days after the date of the enactment of this Act, prescribe regulations as are necessary for the implementation of this Act. (c) Exception relating to importation of goods (1) In general The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Good defined In this subsection, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (d) Termination This Act shall terminate on the earlier of— (1) 30 days after the date on which the President certifies to the appropriate congressional committees that Hamas and the Palestinian Islamic Jihad, or any successor or affiliate thereof— (A) are no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); (B) are no longer subject to sanctions pursuant to— (i) Executive Order 12947 ( 50 U.S.C. 1701 note; relating to prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process); and (ii) Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and (C) meet the criteria described in paragraphs (1) through (4) of section 9 of the Palestinian Anti-Terrorism Act of 2006 ( Public Law 109–446 ; 22 U.S.C. 2378b note); or (2) 3 years after the date of the enactment of this Act. 9. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 931 et seq.), shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s1904is/xml/BILLS-117s1904is.xml |
117-s-1905 | II 117th CONGRESS 1st Session S. 1905 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the Transportation Security Administration from asking passengers on domestic flights for information regarding vaccinations.
1. Short title This Act may be cited as the Freedom To Fly Act . 2. Prohibition on requesting vaccination information from passengers on domestic flights (a) In general The Secretary of Homeland Security and the Administrator of the Transportation Security Administration may not prescribe or implement any regulation or policy that would allow employees of the Transportation Security Administration to request information relating to vaccinations from any passenger traveling on a flight between States or territories or possessions of the United States. (b) Rule of construction Subsection (a) does not limit the authority of the Director of the Centers for Disease Control and Prevention to issue guidance or prescribe regulations relating to public health. | https://www.govinfo.gov/content/pkg/BILLS-117s1905is/xml/BILLS-117s1905is.xml |
117-s-1906 | II 117th CONGRESS 1st Session S. 1906 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mrs. Feinstein (for herself and Mr. Padilla ) 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 establish a grant program to support the restoration of San Francisco Bay, and for other purposes.
1. Short title This Act may be cited as the San Francisco Bay Restoration Act of 2021 . 2. San Francisco Bay restoration grant program Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) is amended by adding at the end the following: 124. San Francisco Bay restoration grant program (a) Definitions In this section: (1) Director The term Director means the Director of the Office appointed under subsection (b)(2). (2) Estuary partnership The term Estuary Partnership means the San Francisco Estuary Partnership designated as the management conference for the San Francisco Bay under section 320. (3) Office The term Office means the San Francisco Bay Program Office established under subsection (b)(1). (4) San Francisco Bay Plan The term San Francisco Bay Plan means— (A) until the date of the completion of the plan developed by the Director under subsection (d)(1), the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and (B) on and after the date of the completion of the plan developed by the Director under subsection (d)(1), the plan developed by the Director under that subsection. (b) Program office (1) Establishment (A) In general The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. (B) Location The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency. (2) Appointment of Director The Administrator shall appoint a Director of the Office, who shall— (A) have management experience and technical expertise relating to the San Francisco Bay; and (B) be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan. (3) Delegation of authority; staffing The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section. (c) Annual priority list (1) In general After providing public notice, the Director shall annually compile a priority list, consistent with the San Francisco Bay Plan, that identifies and prioritizes the projects, activities, and studies to be carried out with amounts made available under subsection (e). (2) Inclusions The annual priority list compiled under paragraph (1) shall include— (A) projects, activities, and studies to be carried out within the San Francisco Bay estuary watershed, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan for— (i) water quality improvement, including the reduction of marine litter; (ii) wetland, riverine, and estuary restoration and protection; (iii) nearshore and endangered species recovery; and (iv) adaptation to climate change; (B) information on the projects, activities, and studies described in subparagraph (A), including— (i) the identity of each entity receiving assistance under subsection (e); and (ii) a description of the communities to be served; and (C) a description of the criteria and methods established by the Director for identification of the projects, activities, and studies to be included on the annual priority list. (3) Consultation In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of— (A) the Estuary Partnership; (B) the State of California and affected local governments in the San Francisco Bay estuary watershed; (C) the San Francisco Bay Restoration Authority; and (D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate. (d) San Francisco Bay Plan (1) In general Not later than 5 years after the date of enactment of this section, the Director, in conjunction with the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary to develop a plan to guide the projects, activities, and studies of the Office to address the restoration and protection of the San Francisco Bay. (2) Revision of San Francisco Bay Plan Not less frequently than once every 5 years after the date of the completion of the plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan. (3) Outreach In carrying out this subsection, the Director shall— (A) consult with the Estuary Partnership and Indian tribes; and (B) solicit input from other non-Federal stakeholders. (e) Grant program (1) In general The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c). (2) Maximum amount of grants; non-Federal share (A) Maximum amount of grants Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts. (B) Non-Federal share Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources. (f) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. (2) Administrative expenses Of the amount made available to carry out this section for a fiscal year, the Director may use not more than 5 percent to pay administrative expenses incurred in carrying out this section. (3) Prohibition No amounts made available under this section may be used for the administration of a management conference under section 320. (g) Annual budget plan In each of fiscal years 2022 through 2026, the President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit information regarding each Federal department and agency involved in San Francisco Bay protection and restoration, including— (1) a report that displays for each Federal agency— (A) the amounts obligated in the preceding fiscal year for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and (B) the proposed budget for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and (2) a description and assessment of the Federal role in the implementation of the San Francisco Bay Plan and the specific role of each Federal department and agency involved in San Francisco Bay protection and restoration, including specific projects, activities, and studies conducted or planned to achieve the identified goals and objectives of the San Francisco Bay Plan. . | https://www.govinfo.gov/content/pkg/BILLS-117s1906is/xml/BILLS-117s1906is.xml |
117-s-1907 | II 117th CONGRESS 1st Session S. 1907 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mrs. Gillibrand (for herself, Mr. Schumer , Ms. Warren , Mr. Merkley , Mr. Blumenthal , Mr. Casey , Mr. Markey , Mr. Durbin , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to develop effluent limitations guidelines and standards and water quality criteria for PFAS under the Federal Water Pollution Control Act, to provide Federal grants to publicly owned treatment works to implement such guidelines and standards, and for other purposes.
1. Short title This Act may be cited as the Clean Water Standards for PFAS Act of 2021 . 2. Clean Water Act effluent limitations guidelines and standards and water quality criteria for PFAS (a) Deadlines (1) Water quality criteria Not later than 2 years after the date of enactment of this section, the Administrator shall publish in the Federal Register human health water quality criteria for each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of such substances. (2) Effluent limitations guidelines and standards for priority industry categories As soon as practicable, but not later than 4 years after the date of enactment of this section, the Administrator shall publish in the Federal Register a final rule establishing, for each priority industry category, effluent limitations guidelines and standards, in accordance with the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), for the discharge (including a discharge into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of such substances. (b) Notification The Administrator shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of each publication made under this section. (c) Implementation assistance for publicly owned treatment works (1) In general The Administrator shall award grants to owners and operators of publicly owned treatment works, to be used to implement effluent limitations guidelines and standards developed by the Administrator for a perfluoroalkyl substance, polyfluoroalkyl substance, or class of such substances. (2) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this subsection $200,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (d) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Effluent limitation The term effluent limitation has the meaning given that term in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ). (3) Measurable The term measurable , with respect to a chemical substance or class of chemical substances, means capable of being measured using— (A) a test procedure promulgated or approved in accordance with part 136 of title 40, Code of Federal Regulations (or successor regulations); or (B) another analytical method for measuring a perfluoroalkyl substance, polyfluoroalkyl substance, or class of those substances, if the analytical method is validated by the Administrator. (4) Perfluoroalkyl substance The term perfluoroalkyl substance means a chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (5) Polyfluoroalkyl substance The term polyfluoroalkyl substance means a chemical containing at least one fully fluorinated carbon atom and at least one carbon atom that is not a fully fluorinated carbon atom. (6) Priority industry category The term priority industry category means the following point source categories: (A) Organic chemicals, plastics, and synthetic fibers, as identified in part 414 of title 40, Code of Federal Regulations (or successor regulations). (B) Pulp, paper, and paperboard, as identified in part 430 of title 40, Code of Federal Regulations (or successor regulations). (C) Textile mills, as identified in part 410 of title 40, Code of Federal Regulations (or successor regulations). (D) Electroplating, as identified in part 413 of title 40, Code of Federal Regulations (or successor regulations). (E) Metal finishing, as identified in part 433 of title 40, Code of Federal Regulations (or successor regulations). (F) Leather tanning and finishing, as identified in part 425 of title 40, Code of Federal Regulations (or successor regulations). (G) Paint formulating, as identified in part 446 of title 40, Code of Federal Regulations (or successor regulations). (H) Electrical and electronic components, as identified in part 469 of title 40, Code of Federal Regulations (or successor regulations). (I) Plastics molding and forming, as identified in part 463 of title 40, Code of Federal Regulations (or successor regulations). (7) Treatment works The term treatment works has the meaning given that term in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 ). (8) Water quality criteria The term water quality criteria means the recommended criteria for water quality developed by the Administrator under section 304(a)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1314(a)(1) ). | https://www.govinfo.gov/content/pkg/BILLS-117s1907is/xml/BILLS-117s1907is.xml |
117-s-1908 | II 117th CONGRESS 1st Session S. 1908 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Rural Electrification Act of 1936 to improve access to broadband telecommunications services in rural areas, including by encouraging the provision of broadband loans and grants to increase broadband service in rural ports, and for other purposes.
1. Short title This Act may be cited as the Broadband Internet for Small Ports Act . 2. Access to broadband telecommunications services in rural areas Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ) is amended— (1) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i)— (aa) by striking of at least— and inserting a semicolon; and (bb) by striking subclauses (I) and (II); (II) in clause (iii), by striking and at the end; (III) in clause (iv), by striking the period at the end and inserting ; and ; and (IV) by adding at the end the following: (v) give priority to applications for projects to provide rapid and expanded deployment of fixed and mobile broadband on cropland and ranchland within a service territory for use in various applications of precision agriculture. ; (ii) in subparagraph (B)— (I) in clause (i)— (aa) in subclause (III), by inserting or after the semicolon; (bb) in subclause (IV), by striking or and inserting and ; and (cc) by striking subclause (V); and (II) in clause (ii)— (aa) in the matter preceding subclause (I), by striking 2 and inserting 1 ; (bb) in subclause (IV), by inserting and after the semicolon; (cc) in subclause (V), by striking ; and and inserting a period at the end; and (dd) by striking subclause (VI); and (iii) by adding at the end the following: (C) Ports in rural areas priority (i) Definition of port In this subparagraph, the term port means— (I) any port on the navigable waters of the United States, including territories; (II) any harbor, marine terminal, or other shore side facility used principally for the movement of goods on inland waters; and (III) any port formed in accordance with applicable State or territory law. (ii) Priority In addition to the priority given under subparagraph (B), the Secretary shall give equal priority to an application for a project that would increase the availability of broadband service in a port in a rural area. (D) Identification of unserved communities (i) In general In the case of an application given the highest priority under subparagraph (A)(i), the Secretary shall confirm that each unserved rural community identified in the application is eligible for funding by— (I) conferring with and obtaining data from the Chair of the Federal Communications Commission and the Administrator of the National Telecommunications and Information Administration with respect to the service area proposed in the application; (II) reviewing any other source that is relevant to service data validation, as determined by the Secretary; and (III) performing site-specific testing to verify the unavailability of any residential broadband service in the unserved rural community. (ii) Adjustments Not less often than once every 2 years, the Secretary shall review, and may adjust through notice published in the Federal Register, the unserved communities identified under clause (i). ; and (B) in paragraph (3), by striking subparagraphs (C) and (D) and inserting the following: (C) Maximum Except as provided in subparagraph (D), the amount of any grant made under this section shall not exceed 50 percent of the development costs of the project for which the grant is provided. (D) Secretarial authority to adjust The Secretary may make grants of up to 75 percent of the development costs of the project for which the grant is provided to an eligible entity if the Secretary determines that the project serves— (i) an area of rural households described in paragraph (2)(A)(ii); and (ii) a rural community described in any of subclauses (I) through (IV) of paragraph (2)(B)(i). ; (2) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (B), by striking subsection (j) and inserting subsection (l) ; and (ii) by adding at the end the following: (C) Relation to universal service high-cost support The Secretary shall communicate with the Federal Communications Commission to ensure that any grants, loans, or loan guarantees made under this section provide a level of service that is not less than the level of service provided through universal service high-cost support (as defined in section 54.5 of title 47, Code of Federal Regulations, or any successor regulation) provided by the Commission. ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i), by striking 50 and inserting 90 ; and (II) in clause (ii), by striking 3 and inserting 2 ; and (C) by adding at the end the following: (6) Application process The Secretary shall provide to an applicant of a grant, loan, or loan guarantee under this section feedback and decisions on funding in a timely manner. ; (3) by redesignating subsections (j) and (k) as subsections (l) and (m), respectively; (4) by inserting after subsection (i) the following: (j) Broadband buildout data As a condition of receiving a grant, loan, or loan guarantee under this section, a recipient of assistance shall provide to the Secretary complete, reliable, and precise geolocation information that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant, loan, or loan guarantee not later than 30 days after the earlier of— (1) the date of completion of any project milestone established by the Secretary; or (2) the date of completion of the project. (k) Environmental reviews The Secretary may obligate, but not disperse, funds under this Act before the completion of otherwise required environmental, historical, or other types of reviews if the Secretary determines that a subsequent site-specific review shall be adequate and easily accomplished for the location of towers, poles, or other broadband facilities in the service area of the borrower without compromising the project or the required reviews. ; and (5) in subsection (l)(2)(A) (as so redesignated)— (A) in clause (i), by striking and at the end; (B) in clause (ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iii) set aside at least 1 percent to be used for— (I) conducting oversight under this section; and (II) implementing accountability measures and related activities authorized under this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s1908is/xml/BILLS-117s1908is.xml |
117-s-1909 | II 117th CONGRESS 1st Session S. 1909 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Tester (for himself, Mrs. Capito , Mr. Brown , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to reform requirements with respect to direct and indirect remuneration under Medicare part D, and for other purposes.
1. Short title This Act may be cited as the Pharmacy DIR Reform To Reduce Senior Drug Costs Act . 2. Requiring pharmacy-negotiated price concessions, payment, and fees to be included in negotiated prices at the point-of-sale under part d of the medicare program Section 1860D–2(d)(1)(B) of the Social Security Act ( 42 U.S.C. 1395w–102(d)(1)(B) ) is amended— (1) by striking prices .—For purposes and inserting “ prices .— (i) In general For purposes ; and (2) by adding at the end the following new clause: (ii) Prices negotiated with pharmacy at point-of-sale For plan years beginning on or after January 1, 2022, a negotiated price for a covered part D drug described in clause (i) shall include price concessions, payments, and fees negotiated with such pharmacy as defined by the Secretary, but shall not include incentive payments based on pharmacy performance paid or to be paid to such pharmacy. Such negotiated price shall be provided at the point-of-sale of such drug. . 3. Disclosure to pharmacy of post-point-of-sale pharmacy price concessions and incentive payments Section 1860D–2(d)(2) of the Social Security Act ( 42 U.S.C. 1395w–102(d)(2) ) is amended— (1) by striking disclosure .—A PDP sponsor and inserting “ disclosure .— (A) To the Secretary A PDP sponsor ; and (2) by adding at the end the following new subparagraph: (B) To pharmacies (i) In general For plan year 2022 and subsequent plan years, a PDP sponsor offering a prescription drug plan and an MA organization offering an MA–PD plan shall report any pharmacy price concession or incentive payment that occurs with respect to a pharmacy after payment for covered part D drugs at the point-of-sale, including by an intermediary organization with which a PDP sponsor or MA organization has contracted, to the pharmacy. (ii) Timing The reporting of price concessions and incentive payments to a pharmacy under clause (i) shall be made on a periodic basis (but in no case less frequently than annually). (iii) Claim level The reporting of price concessions and incentive payments to a pharmacy under clause (i) shall be at the claim level or approximated at the claim level if the price concession or incentive payment was applied at a level other than at the claim level. . 4. Establishment of pharmacy performance measures under medicare part D Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) ) is amended— (1) by redesignating paragraph (6), as added by section 50354 of division E of the Bipartisan Budget Act of 2018 ( Public Law 115–123 ), as paragraph (7); and (2) by adding at the end the following new paragraph: (8) Application of standardized pharmacy performance measures (A) In general A PDP sponsor and MA–PD plan that makes incentive payments to a pharmacy or receives price concessions paid by a pharmacy based on performance measures shall, for the purposes of such incentive payments and price concessions with respect to covered part D drugs dispensed by such pharmacy, only use measures— (i) established or adopted by the Secretary under subparagraph (B), as listed under clause (ii) of such subparagraph; and (ii) that are relevant to the performance of such pharmacy with respect to areas that the pharmacy can impact based on covered part D drugs dispensed and managed. (B) Standardized pharmacy performance measures (i) In general Notwithstanding any other provision of law, the Secretary shall establish or adopt standardized pharmacy performance measures from one or more multi-stakeholder, consensus organizations representing all pharmacy types (including specialty pharmacies) to be used by a PDP sponsor and MA–PD plan for the purposes of determining incentive payments and price concessions described in subparagraph (A). Such measures shall be evidence-based and focus on pharmacy performance on patient health outcomes and other areas, as determined by the Secretary, that the pharmacy can impact based on covered part D drugs dispensed and managed. (ii) Maintenance of list The Secretary shall maintain a single list of measures established or adopted under this subparagraph and measures shall be evaluated and updated on an ongoing basis through stakeholder consensus organizations to ensure they are transparent, achievable, and clinically meaningful. (iii) Application to star ratings The Secretary shall require the development of measures to apply in the star rating system under this part to assess the use of a standard set of pharmacy performance measures by PDP sponsors and MA–PD plans. (C) Specialty pharmacy For purposes of subparagraph (B)(i), the Secretary shall, not later than December 31, 2022, define the term specialty pharmacy in consultation with relevant stakeholders. (D) Effective date The requirement under subparagraph (A) shall take effect for plan years beginning on January 1, 2022, or such earlier date specified by the Secretary if the Secretary determines there are sufficient measures established or adopted under subparagraph (B) for the purposes of the requirement under subparagraph (A). . | https://www.govinfo.gov/content/pkg/BILLS-117s1909is/xml/BILLS-117s1909is.xml |
117-s-1910 | II 117th CONGRESS 1st Session S. 1910 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Tester (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To authorize major medical facility projects of the Department of Veterans Affairs for fiscal year 2021.
1. Short title This Act may be cited as the Major Medical Facility Authorization Act of 2021 . 2. Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2021 (a) In general The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2021 at the locations specified and in an amount for each project not to exceed the amount specified for such location: (1) Construction of an outpatient clinic and national cemetery in Alameda, California, in an amount not to exceed $266,200,000. (2) Construction of a new specialty care building 201 in American Lake, Washington, in an amount not to exceed $110,600,000. (3) Construction of a community living center and renovation of domiciliary and outpatient facilities in Canandaigua, New York, in an amount not to exceed $383,741,000. (4) Construction of a spinal cord injury center in Dallas, Texas, in an amount not to exceed $249,000,000. (5) Realignment and closure of the Livermore Campus in Livermore, California, in an amount not to exceed $455,000,000. (6) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $367,300,000. (7) Construction of a spinal cord injury building with a community living center, including a parking garage, in San Diego, California, in an amount not to exceed $252,100,000. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2021 or the year in which funds are appropriated for the Construction, Major Projects account, $2,083,941,000 for the projects authorized in subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1910is/xml/BILLS-117s1910is.xml |
117-s-1911 | II 117th CONGRESS 1st Session S. 1911 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Community Water Rights Settlement 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. Purposes. Sec. 3. Definitions. Sec. 4. Ratification of Compact and judicial decree. Sec. 5. Tribal water rights. Sec. 6. Exchange and transfer of public land into trust. Sec. 7. Storage allocation from Lake Elwell. Sec. 8. Milk River Project. Sec. 9. Satisfaction of claims. Sec. 10. Waivers and releases of claims. Sec. 11. Aaniiih Nakoda Settlement Trust Fund. Sec. 12. Funding. Sec. 13. Miscellaneous provisions. Sec. 14. Termination on failure to meet enforceability date. Sec. 15. Antideficiency. 2. Purposes The purposes of this Act are— (1) to fulfill the trust responsibility of the United States to Indian Tribes and to promote Tribal sovereignty and economic self-sufficiency by settling water rights claims of Indian Tribes without lengthy and costly litigation; (2) to ensure the sovereignty of the Fort Belknap Indian Community of the Fort Belknap Reservation of Montana and the economy of the Reservation will be able to depend on the development of the water and other resources of the Reservation; (3) to transfer a portion of the land within the ancestral territory of the Fort Belknap Indian Community to restore, in part, the historical, cultural, and spiritual land of the Fort Belknap Indian Community; (4) to plan, design, and construct the facilities needed to effectively use Reservation water rights, consistent with the Compact and this Act, and other resources that are necessary for— (A) the development of a viable Reservation economy; and (B) the implementation of the water rights compact between the Fort Belknap Indian Community and the State; (5) to achieve a fair, equitable, and final settlement of claims to water rights in the State for— (A) the Fort Belknap Indian Community of the Fort Belknap Reservation of Montana; and (B) the United States for the benefit of the Fort Belknap Indian Community and allottees; (6) to authorize, ratify, and confirm the water rights compact entered into by the Fort Belknap Indian Community, the State, and the United States, to the extent that the Compact is consistent with this Act; (7) to authorize and require the Secretary— (A) to execute the Compact; (B) to make available priority funding from the Reclamation Water Settlement Fund established by section 10501 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407 ); and (C) to take any other actions necessary to carry out the Compact in accordance with this Act; (8) to authorize and appropriate funds, including for certain economic development initiatives and projects on the Reservation, necessary for the implementation of the Compact and this Act in order to support a final water rights settlement for the Fort Belknap Indian Community that results in measurable benefits to the Tribes and members; and (9) to authorize the exchange and transfer of certain Federal and State land. 3. Definitions In this Act: (1) Allottee The term allottee means an individual or the Fort Belknap Indian Community who holds a beneficial real property interest in an allotment of Indian land that is— (A) located within the Reservation; and (B) held in trust by the United States. (2) Blackfeet tribe The term Blackfeet Tribe means the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. (3) Commissioner The term Commissioner means the Commissioner of Reclamation. (4) Compact The term Compact means— (A) the Fort Belknap-Montana water rights compact dated April 16, 2001, as contained in section 85–20–1001 of the Montana Code Annotated (2019); and (B) any exhibit (including exhibit amendments), part, or amendment to the Compact that is executed to make the Compact consistent with this Act. (5) CERCLA The term CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.). (6) Enforceability date The term enforceability date means the date described in section 10(f). (7) Fort belknap indian community The term Fort Belknap Indian Community means the Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation of Montana, a federally recognized Indian Tribal entity included on the list published by the Secretary pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ). (8) Fort Belknap Indian community council The term Fort Belknap Indian Community Council means the governing body of the Fort Belknap Indian Community. (9) Fort Belknap Indian irrigation project (A) In general The term Fort Belknap Indian Irrigation Project means the Federal Indian irrigation project units, systems, and works developed by the United States to irrigate land within the Reservation, including pursuant to— (i) the Treaty of October 17, 1855 (11 Stat. 657); (ii) the Act of May 1, 1888 (25 Stat. 113, chapter 213); (iii) the Act of August 15, 1894 (28 Stat. 286, chapter 290); (iv) the Act of July 1, 1898 (30 Stat. 571, chapter 545); (v) the Act of April 30, 1908 (35 Stat. 70, chapter 153); and (vi) this Act. (B) Inclusions The term Fort Belknap Indian Irrigation Project shall include— (i) the Milk River unit, including— (I) the Three Mile Coulee unit; (II) the White Bear unit; and (III) the Fort Belknap future irrigation project, including the Fort Belknap Reservoir and Dam; (ii) the Southern Tributary Irrigation Project, including— (I) the Beaver Creek unit; (II) the Duck Creek unit; (III) the Lodge Pole Creek unit; (IV) the Big Warm Creek unit; (V) the Jim Brown Creek unit; (VI) the Little Peoples Creek unit; (VII) the South Fork Peoples Creek Unit; and (VIII) the Little Warm Creek unit; and (iii) the Peoples Creek Irrigation Project, including the Upper Peoples Creek Dam and Reservoir. (10) Fresno reservoir The term Fresno Reservoir means the dam and reservoir of the Milk River Project, located on the Milk River 14 miles west of Havre, Montana, and authorized by the Act of June 16, 1933 (48 Stat. 195, chapter 90) (commonly known as the National Industrial Recovery Act ). (11) 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 ). (12) Joint Board The term Joint Board means the Joint Board of Control for the Milk River Project established in accordance with State law. (13) Lake Elwell The term Lake Elwell means the water impounded on the Marias River in the State by Tiber Dam, a feature of the Lower Marias Unit of the Pick-Sloan Missouri River Basin Program. (14) Malta Irrigation District The term Malta Irrigation District means the public corporation— (A) created on December 28, 1923, pursuant to the laws of the State relating to irrigation districts; and (B) headquartered in Malta, Montana. (15) Milk River The term Milk River means the mainstem of the Milk River and each tributary of the Milk River between the headwater of the Milk River and the confluence of the Milk River with the Missouri River, consisting of— (A) Montana Water Court Basins 40F, 40G, 40H, 40I, 40J, 40K, 40L, 40M, 40N, and 40O; and (B) the portion of the Milk River and each tributary of the Milk River that flows through the Canadian Provinces of Alberta and Saskatchewan. (16) Milk river coordinating committee The term Milk River Coordinating Committee means the committee established by article IV.C. of the Compact. (17) Milk river project (A) In general The term Milk River Project means the Bureau of Reclamation project conditionally approved by the Secretary on March 14, 1903, pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), commencing at Lake Sherburne Reservoir and providing water to a point approximately 6 miles east of Nashua, Montana. (B) Inclusions The term Milk River Project includes the St. Mary Unit. (18) Missouri river basin The term Missouri River Basin means the hydrologic basin of the Missouri River, including tributaries. (19) Operations, maintenance, and repair The term operations, maintenance, and repair means— (A) any recurring or ongoing activity associated with the day-to-day operation of a project; (B) any activity relating to scheduled or unscheduled maintenance of a project; and (C) any activity relating to repairing or replacing a feature of a project. (20) Pick-sloan missouri river basin program The term Pick-Sloan Missouri River Basin Program means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665)). (21) PMM The term PMM means the Principal Meridian, Montana. (22) Reservation (A) In general The term Reservation means the area of the Fort Belknap Reservation in the State, as modified by this Act. (B) Inclusions The term Reservation includes— (i) all land and interests in land established by— (I) the Agreement with the Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, ratified by the Act of May 1, 1888 (25 Stat. 113, chapter 212), as modified by the Agreement with the Indians of the Fort Belknap Reservation of October 9, 1895 (ratified by the Act of June 10, 1896) (29 Stat. 350, chapter 398); (II) the Act of March 3, 1921 (41 Stat. 1355, chapter 135); and (III) Public Law 94–114 ( 25 U.S.C. 5501 et seq.); (ii) the land known as the Hancock lands purchased by the Fort Belknap Indian Community pursuant to the Fort Belknap Indian Community Council Resolution No. 234–89 (October 2, 1989); and (iii) all land transferred under section 6. (23) St. Mary Unit (A) In general The term St. Mary Unit means the St. Mary Storage Unit of the Milk River Project authorized by Congress on March 25, 1905. (B) Inclusions The term St. Mary Unit includes— (i) Sherburne Dam and Reservoir; (ii) Swift Current Creek Dike; (iii) Lower St. Mary Lake; (iv) St. Mary Canal Diversion Dam; and (v) St. Mary Canal and appurtenances. (24) Secretary The term Secretary means the Secretary of the Interior. (25) Service contract The term service contract means a business or commercial agreement between a contractor and a customer covering maintenance and servicing of facilities over a specified period. (26) State The term State means the State of Montana. (27) Tribal water rights The term Tribal water rights means the water rights of the Fort Belknap Indian Community, as described in article III of the Compact and this Act, including— (A) the allocation of water to the Fort Belknap Indian Community from Lake Elwell under section 7; and (B) the water rights of allottees. (28) Trust fund The term Trust Fund means the Aaniiih Nakoda Settlement Trust Fund established under section 11(b)(1). 4. Ratification of Compact and judicial decree (a) Ratification of compact (1) In general As modified by this Act, the Compact is authorized, ratified, and confirmed. (2) Amendments Any amendment to the Compact is authorized, ratified, and confirmed to the extent that the amendment is executed to make the Compact consistent with this Act. (b) Execution (1) In general To the extent that the Compact does not conflict with this Act, the Secretary shall execute the Compact, including all exhibits to, or parts of, the Compact requiring the signature of the Secretary. (2) Modifications Nothing in this Act precludes the Secretary from approving any modification to an appendix or exhibit to the Compact that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or any other applicable provision of Federal law. (c) Environmental compliance (1) In general In implementing the Compact and this Act, the Secretary shall comply with all applicable provisions of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and (C) other applicable environmental laws and regulations. (2) Effect of execution (A) In general The execution of the Compact by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (B) Compliance (i) In general The Secretary shall carry out all Federal compliance activities, including appropriate environmental, cultural, and historical compliance activities, necessary to implement the Compact and this Act. (ii) Costs The cost of carrying out Federal compliance activities under clause (i), including any costs associated with carrying out Federal approvals or other reviews or any other inherently Federal functions, shall remain the responsibility of the Secretary. 5. Tribal water rights (a) Confirmation of tribal water rights (1) In general The Tribal water rights are ratified, confirmed, and declared to be valid. (2) Use Any use of the Tribal water rights shall be subject to the terms and conditions of the Compact and this Act. (3) Conflict In the event of a conflict between the Compact and this Act, this Act shall control. (b) Intent of congress It is the intent of Congress to provide to each allottee benefits that are equivalent to, or exceed, the benefits the allottees possess on the day before the date of enactment of this Act, taking into consideration— (1) the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this Act; (2) the availability of funding under this Act and from other sources; (3) the availability of water from the Tribal water rights; and (4) the applicability of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ) and this Act to protect the interests of allottees. (c) Trust status of tribal water rights The Tribal water rights— (1) shall be held in trust by the United States for the use and benefit of the Fort Belknap Indian Community in accordance with this Act; and (2) shall not be subject to forfeiture or abandonment. (d) Allottees (1) Applicability of the act of February 8, 1887 The provisions of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), relating to the use of water for irrigation purposes, shall apply to the Tribal water rights. (2) Entitlement to water Any entitlement to the use of water of an allottee under Federal law shall be satisfied from the Tribal water rights. (3) Allocations An allottee shall be entitled to a just and equitable allocation of water for irrigation purposes. (4) Claims (A) Exhaustion of remedies Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), or any other applicable law, an allottee shall exhaust remedies available under the Tribal water code or other applicable Tribal law. (B) Action for relief After the exhaustion of all remedies available under the Tribal water code or other applicable Tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), or other applicable law. (5) Authority of the secretary The Secretary shall have the authority to protect the rights of allottees in accordance with this section. (e) Authority of the Fort Belknap Indian Community (1) Authority (A) In general The Fort Belknap Indian Community shall— (i) govern the use of the Tribal water rights pursuant to Tribal law, the Compact, this Act, and applicable Federal law; and (ii) have— (I) administrative, regulatory, and adjudicatory authority over all Tribal water rights, including the authority to allocate, distribute, use, and temporarily transfer by service contract, lease, exchange, or other agreement the Tribal water rights for any use within the Reservation; and (II) the authority to voluntarily allocate, distribute, use, and temporarily transfer by service contract, lease, exchange, or other agreement the Tribal water rights off the Reservation within the Missouri River Basin. (B) Transfer of Tribal water rights If applicable State and Federal laws are amended or expanded after the date of enactment of this Act to authorize water users to transfer water rights interbasin, interstate, or internationally, the Fort Belknap Indian Community shall have the right and authority to temporarily transfer Tribal water rights of the Fort Belknap Indian Community to the same extent permissible for State-based and other water rights users. (2) Requirements A service contract, lease, exchange, or other agreement referred to in subclauses (I) and (II) of paragraph (1)(A)(ii)— (A) shall be for a term of not more than 100 years; (B) may include provisions for renewal of the agreement for an additional term of not more than 100 years; and (C) shall not permanently alienate any portion of the Tribal water rights. (3) Land leases by allottees Notwithstanding paragraph (1), an allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to the interest in land, in accordance with the Tribal water code. (4) Deferral or forbearance of tribal water use (A) In general In accordance with the right of the Fort Belknap Indian Community to choose to limit the development and use of the Tribal water rights by the Fort Belknap Indian Community and to allow the water of the Tribal water rights to pass through the priority system to be diverted by a third party for compensation, as negotiated by the Fort Belknap Indian Community, the deferral or forbearance of the use of Tribal water rights shall be permissible. (B) Limitations The deferral or forbearance of the use of the Tribal water rights under subparagraph (A) shall not be considered to be— (i) a transfer of the Tribal water rights off the Reservation under paragraph (1)(A)(ii)(II); or (ii) a transfer of title of the Tribal water rights. (f) Tribal water code (1) In general Notwithstanding article IV.A.2. of the Compact, not later than 4 years after the date on which the Fort Belknap Indian Community approves the Compact in accordance with section 10(f)(1), the Fort Belknap Indian Community shall enact a Tribal water code that— (A) is consistent with the Compact and this Act; and (B) provides for— (i) the administration, management, regulation, enforcement, and governance, including adjudicatory jurisdiction, of the Tribal water rights and all uses of the Tribal water rights; and (ii) the establishment by the Fort Belknap Indian Community of the conditions, permit requirements, and other requirements for the allocation, distribution, and use of the Tribal water rights, including irrigation, livestock, domestic, commercial, municipal, industrial, cultural, and recreational uses. (2) Inclusions Subject to paragraph (3)(B)(i), the Tribal water code shall— (A) provide that use of water by allottees shall be satisfied with water from the Tribal water rights; (B) provide for a process by which an allottee may request that the Fort Belknap Indian Community provide water for irrigation use in accordance with this Act, including the provision of water under any allottee lease under section 4 of the Act of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403 ); (C) provide for a due process system that includes a process by which the Fort Belknap Indian Community can resolve disputes, including a process for the resolution of— (i) any contested administrative decision, including any denial of a request for an allocation of water from the Tribal water rights by— (I) an allottee for irrigation purposes on allotted land; (II) a successor-in-interest to an allottee; (III) any other member of the Fort Belknap Indian Community; or (IV) an owner of fee land within the boundaries of the Reservation; and (ii) the appeal and adjudication of administrative decisions under clause (i) and any denied or disputed distribution of water; and (D) include a requirement that— (i) any allottee asserting a claim relating to the enforcement of rights of the allottee under the Tribal water code, including to the quantity of water allocated to land of the allottee, shall exhaust all remedies available to the allottee under Tribal law before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4); and (ii) any other Tribal water user asserting a claim relating to the enforcement of rights under the Tribal water code shall exhaust all remedies available under Tribal law. (3) Action by secretary (A) In general During the period beginning on the date of enactment of this Act and ending on the date on which a Tribal water code described in paragraphs (1) and (2) is enacted, the Secretary shall administer the Tribal water rights, including with respect to the rights of allottees, in accordance with this Act. (B) Approval The Tribal water code described in paragraphs (1) and (2) shall not be valid unless— (i) the provisions of the Tribal water code required by paragraph (2) are approved by the Secretary; and (ii) each amendment to the Tribal water code that affects a right of an allottee is approved by the Secretary. (C) Approval period (i) In general The Secretary shall— (I) approve or disapprove the Tribal water code or an amendment to the Tribal water code by not later than 180 days after the date on which the Tribal water code or amendment to the Tribal water code is submitted to the Secretary; and (II) notify the Fort Belknap Indian Community of the decision of the Secretary by not later than 15 days after the date on which the Secretary makes the decision. (ii) No action If the Secretary does not approve or disapprove the Tribal water code or amendment to the Tribal water code and notify the Fort Belknap Indian Community by the applicable deadlines described in clause (i), the Tribal water code or amendment to the Tribal water code shall be deemed to be approved. (iii) Disapproval If the Secretary disapproves the Tribal water code or amendment to the Tribal water code, the Secretary, in consultation with the Fort Belknap Indian Community, shall have 90 days to resolve the basis for the disapproval, and if the basis for the disapproval has not been resolved by that date, the Tribal water code shall be deemed approved. (iv) Extensions The deadlines described in clauses (i)(I) and (iii) may be extended by the Secretary with the agreement of the Fort Belknap Indian Community. (g) Administration (1) No alienation The Fort Belknap Indian Community shall not permanently alienate any portion of the Tribal water rights. (2) Purchases or grants of land from indians An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes ( 25 U.S.C. 177 ). (3) Prohibition on forfeiture The non-use of all or any portion of the Tribal water rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss by the Fort Belknap Indian Community of all or any portion of the Tribal water rights. (h) Effect Except as otherwise expressly provided in this section, nothing in this Act— (1) authorizes any action by an allottee against any individual or entity, or against the Fort Belknap Indian Community, under Federal, State, Tribal, or local law; or (2) alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code. (i) Pick-Sloan Missouri river basin program power rates The Secretary, in cooperation with the Secretary of Energy, shall make available, at project-use pumping power, preference customer rates established as of the date of enactment of this Act, Pick-Sloan Missouri River Basin Program pumping power to— (1) not more than 37,425 net acres under irrigation pursuant to projects of the Fort Belknap Indian Community; and (2) any mitigation projects required and funded by this Act. 6. Exchange and transfer of public land into trust (a) Exchange of Federal and State land (1) In general In partial satisfaction of claims relating to Indian water rights covered by this Act, the Fort Belknap Indian Community agrees to the exchange and transfer of land in accordance with this subsection. (2) State land The Secretary shall offer to enter into negotiations with the State for the purpose of exchanging Federal land described in paragraph (3) for the following parcels of land owned by the State, located on and off of the Reservation: (A) 717.56 acres in T. 26 N., R. 22 E., sec. 16. (B) 707.04 acres in T. 27 N., R. 22 E., sec. 16. (C) 640 acres in T. 27 N., R. 21 E., sec. 36. (D) 640 acres in T. 25 N., R. 22 E., sec. 16. (E) 600 acres in T. 27 N., R. 20 E., sec. 36, comprised of— (i) 160 acres in the SE 1/4 ; (ii) 160 acres in the SW 1/4 ; (iii) 160 acres in the NW 1/4 ; (iv) 80 acres in the S 1/2 of the NE 1/4 ; and (v) 40 acres in the NW 1/4 of the NE 1/4 . (F) 640 acres in T. 27 N., R. 21 E., sec. 16. (G) 640 acres in T. 28 N., R. 21 E., sec. 27. (H) 639.04 acres in T. 28 N., R. 22 E., sec. 16. (I) 73.36 acres in T. 29 N., R. 22 E., sec. 16, comprised of— (i) 18.09 acres in lot 1; (ii) 18.25 acres in lot 2; (iii) 18.43 acres in lot 3; and (iv) 18.59 acres in lot 4. (J) 58.72 acres in T. 30 N., R. 22 E., sec. 16, comprised of— (i) 14.49 acres in lot 9; (ii) 14.61 acres in lot 10; (iii) 14.75 acres in lot 11; and (iv) 14.87 acres in lot 12. (K) 640 acres in T. 29 N., R. 22 E., sec. 8. (L) 400 acres in T. 29 N., R. 22 E., sec. 17, comprised of— (i) 320 acres in the N 1/2 ; and (ii) 80 acres in the N 1/2 of the SW 1/4 . (M) 120 acres in T. 29 N., R. 22 E., sec. 18, comprised of— (i) 80 acres in the E 1/2 of the NE 1/4 ; and (ii) 40 acres in the NE 1/4 of the SE 1/4 . (N) 640 acres in T. 26 N., R. 23 E., sec. 16. (O) 640 acres in T. 26 N., R. 23 E., sec. 36. (P) 640 acres in T. 26 N., R. 26 E., sec. 16. (Q) 640 acres in T. 26 N., R. 22 E., sec. 36. (R) 640 acres in T. 26 N., R. 24 E., sec. 16. (S) 640 acres in T. 27 N., R. 23 E., sec. 16. (T) 640 acres in T. 27 N., R. 25 E., sec. 36. (U) 640 acres in T. 28 N., R. 22 E., sec. 36. (V) 640 acres in T. 28 N., R. 23 E., sec. 16. (W) 640 acres in T. 28 N., R. 24 E., sec. 36. (X) 640 acres in T. 28 N., R. 25 E., sec. 16. (Y) 640 acres in T. 28 N., R. 25 E., sec. 36. (Z) 640 acres in T. 28 N., R. 26 E., sec. 16. (AA) 94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act, comprised of— (i) 30.68 acres in lot 5; (ii) 26.06 acres in lot 6; (iii) 21.42 acres in lot 7; and (iv) 16.8 acres in lot 8. (BB) 652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding the 73.36 acres under lease by Ben Hofeldt, et al., on the date of enactment of this Act. (CC) 640 acres in T. 29 N., R. 22 E., sec. 36. (DD) 640 acres in T. 29 N., R. 23 E., sec. 16. (EE) 640 acres in T. 29 N., R. 24 E., sec. 16. (FF) 640 acres in T. 29 N., R. 24 E., sec. 36. (GG) 640 acres in T. 29 N., R. 25 E., sec. 16. (HH) 640 acres in T. 29 N., R. 25 E., sec. 36. (II) 640 acres in T. 29 N., R. 26 E., sec. 16. (JJ) 663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding the 58.72 acres under lease by Walter and Amelia Funk on the date of enactment of this Act. (KK) 640 acres in T. 30 N., R. 22 E., sec. 36. (LL) 640 acres in T. 30 N., R. 23 E., sec. 16. (MM) 640 acres in T. 30 N., R. 23 E., sec. 36. (NN) 640 acres in T. 30 N., R. 24 E., sec. 16. (OO) 640 acres in T. 30 N., R. 24 E., sec. 36. (PP) 640 acres in T. 30 N., R. 25 E., sec. 16. (QQ) 275.88 acres in T. 30 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act. (RR) 640 acres in T. 31 N., R. 22 E., sec. 36. (SS) 640 acres in T. 31 N., R. 23 E., sec. 16. (TT) 640 acres in T. 31 N., R. 23 E., sec. 36. (UU) 34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4. (VV) 543.84 acres in T. 28 N., R. 26 E., sec. 36, comprised of— (i) 9.15 acres in lot 1; (ii) 13.69 acres in lot 2; (iii) 18.23 acres in lot 3; (iv) 22.77 acres in lot 4; (v) 40 acres in the NE 1/4 of the NE 1/4 ; (vi) 40 acres in the NE 1/4 of the NW 1/4 ; (vii) 40 acres in the NE 1/4 of the SE 1/4 ; (viii) 40 acres in the NE 1/4 of the SW 1/4 ; (ix) 40 acres in the NW 1/4 of the NE 1/4 ; (x) 40 acres in the NW 1/4 of the SE 1/4 ; (xi) 40 acres in the SE 1/4 of the NE 1/4 ; (xii) 40 acres in the SE 1/4 of the NW 1/4 ; (xiii) 40 acres in the SE 1/4 of the SE 1/4 ; (xiv) 40 acres in the SE 1/4 of the SW 1/4 ; (xv) 40 acres in the SW 1/4 of the NE 1/4 ; and (xvi) 40 acres in the SW 1/4 of the SE 1/4 . (WW) 369.36 acres in T. 30 N., R. 26 E., sec. 36, comprised of— (i) 45.82 acres in lot 1; (ii) 10.16 acres in lot 2; (iii) 14.52 acres in lot 3; (iv) 18.86 acres in lot 4; (v) 40 acres in the NE 1/4 of the NE 1/4 ; (vi) 40 acres in the SW 1/4 of the NE 1/4 ; (vii) 40 acres in the SE 1/4 of the NE 1/4 ; (viii) 40 acres in the NE 1/4 of the SE 1/4 ; (ix) 40 acres in the NW 1/4 of the SE 1/4 ; (x) 40 acres in the SE 1/4 of the SE 1/4 ; and (xi) 40 acres in the SW 1/4 of the SE 1/4 . (3) Federal land Notwithstanding any other provision of law for purposes of a land exchange under this subsection, the Secretary may exchange any Federal land within the State. (4) Completion The Secretary shall complete a land exchange under this subsection, and shall take the land received by the Federal Government into trust for the benefit of the Fort Belknap Indian Community, by not later than 10 years after the enforceability date. (5) Requirements (A) Value The Secretary shall negotiate with the State using the roughly equivalent theory of valuation of any Federal land exchanged for State land. (B) Basis Unless the Secretary and the State specifically agree otherwise, each land exchange under this subsection shall be on a whole-estate for whole-estate basis. (C) Survey If a survey is requested by the State or required by the Secretary, the Secretary shall provide such financial or other assistance as may be necessary— (i) to conduct additional surveys and obtain appraisals of the transferred land, including any mining claims; and (ii) to satisfy administrative requirements necessary to accomplish the land transfers under this subsection. (6) Existing rights and uses (A) Uses (i) In general Subject to clause (ii), any use (including grazing) authorized under a valid lease, permit, or right-of-way on land exchanged under this subsection, as in effect on the date of the transfer, shall remain in effect until the date on which the lease, permit, or right-of-way expires. (ii) Exception Clause (i) shall not apply if the holder of the lease, permit, or right-of-way requests an earlier termination of the lease, permit, or right-of-way in accordance with applicable law. (B) Improvements Any improvements constituting personal property (as defined by State law) on land exchanged under this subsection by the holder of the lease, permit, or right-of-way shall remain the property of the holder and shall be removed not later than 90 days after the date on which the lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. (C) Eligibility Notwithstanding paragraph (2), if, at any time after the date of enactment of this Act, the Fort Belknap Indian Community Council enters into a lease for any other State parcel or secures the written consent of each lessee of any other State parcel to the exchange of that parcel, the other State parcel shall be eligible for exchange and transfer under this subsection. (7) Quantity of state land to be exchanged or transferred (A) On reservation The total quantity of State land located within the boundaries of the Reservation that shall be exchanged and transferred under this subsection is 20,296.1 acres. (B) Off reservation The total quantity of State land located outside of the boundaries of the Reservation that shall be exchanged and transferred under this subsection is 7,413 acres. (C) Technical corrections Notwithstanding the descriptions of the parcels of land owned by the State under paragraph (2), the State may, with the consent of the Fort Belknap Indian Community, make technical corrections to the land parcels to more specifically identify the acreage of the land parcels. (b) Federal land transfers (1) In general In partial satisfaction of claims relating to Indian water rights covered by this Act, the Fort Belknap Indian Community agrees to the transfer of land in accordance with this subsection. (2) Transfers (A) In general Subject to subparagraph (B), on selection and request by the Fort Belknap Indian Community, the Secretary shall convey all Federal land within the parcels described in paragraph (3) to the Fort Belknap Indian Community by transfer to the United States, to be held in trust for the benefit of the Fort Belknap Indian Community as part of the Reservation. (B) Valid existing rights Any land subject to valid existing rights of a private fee landowner or the surface rights of any person under sections 2318 through 2352 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 21 et seq.), shall not be transferred under subparagraph (A). (C) Withdrawal of Federal land from development and leasing Subject to valid existing rights described in subparagraph (B), effective on the date of enactment of this Act, all Federal land within the parcels described in paragraph (3) shall be withdrawn from all forms of all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (D) Easements Any road within a parcel described in paragraph (3) that is necessary for customary access to a fee parcel by the private fee landowner or owner of mineral rights shall be continued with guaranteed access to the private fee parcel or mineral rights through an easement at the expense of the fee owner or owner of the mineral rights. (3) Description of parcels The parcels referred to in paragraph (2) are the following: (A) Bureau of land management parcels (i) 59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised of— (I) 19.55 acres in lot 10; (II) 19.82 acres in lot 11; and (III) 20.09 acres in lot 16. (ii) 324.24 acres in the N 1/2 of T. 25 N., R. 22 E., sec. 5. (iii) 403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised of— (I) 41.11 acres in the E 1/4 of the NE 1/4 ; and (II) 362.45 acres in the S 1/2 . (iv) 70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised of— (I) 18.06 acres in lot 5; (II) 18.25 acres in lot 6; (III) 18.44 acres in lot 7; and (IV) 15.88 acres in lot 8. (v) 71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised of— (I) 17.65 acres in lot 5; (II) 17.73 acres in lot 6; (III) 17.83 acres in lot 7; and (IV) 17.91 acres in lot 8. (vi) 81.73 acres in T. 25 N., R. 22 E., sec. 15, comprised of— (I) 29.50 acres in lot 7; (II) 17.28 acres in lot 8; (III) 17.41 acres in lot 9; and (IV) 17.54 acres in lot 10. (vii) 160 acres in T. 26 N., R. 21 E., sec. 1, comprised of— (I) 80 acres in the S 1/2 of the NW 1/4 ; and (II) 80 acres in the W 1/2 of the SW 1/4 . (viii) 567.50 acres in T. 26 N., R. 21 E., sec. 2, comprised of— (I) 82.54 acres in the E 1/2 of the NW 1/4 ; (II) 164.96 acres in the NE 1/4 ; and (III) 320 acres in the S 1/2 . (ix) 240 acres in T. 26 N., R. 21 E., sec. 3, comprised of— (I) 40 acres in the SE 1/4 of the NW 1/4 ; (II) 160 acres in the SW 1/4 ; and (III) 40 acres in the SW 1/4 of the SE 1/4 . (x) 120 acres in T. 26 N., R. 21 E., sec. 4, comprised of— (I) 80 acres in the E 1/2 of the SE 1/4 ; and (II) 40 acres in the NW 1/4 of the SE 1/4 . (xi) 200 acres in T. 26 N., R. 21 E., sec. 5, comprised of— (I) 160 acres in the SW 1/4 ; and (II) 40 acres in the SW 1/4 of the NW 1/4 . (xii) 40 acres in the SE 1/4 of the SE 1/4 of T. 26 N., R. 21 E., sec. 6. (xiii) 240 acres in T. 26 N., R. 21 E., sec. 8, comprised of— (I) 40 acres in the NE 1/4 of the SW 1/4 ; (II) 160 acres in the NW 1/4 ; and (III) 40 acres in the NW 1/4 of the SE 1/4 . (xiv) 320 acres in the E 1/2 of T. 26 N., R. 21 E., sec. 9. (xv) 640 acres in T. 26 N., R. 21 E., sec. 10. (xvi) 600 acres in T. 26 N., R. 21 E., sec. 11, comprised of— (I) 320 acres in the N 1/2 ; (II) 80 acres in the N 1/2 of the SE 1/4 ; (III) 160 acres in the SW 1/4 ; and (IV) 40 acres in the SW 1/4 of the SE 1/4 . (xvii) 513.49 acres in T. 26 N., R. 22 E., sec. 21, comprised of— (I) 160 acres in the NW 1/4 ; and (II) 353.49 acres in the S 1/2 . (xviii) 719.58 acres in T. 26 N., R. 22 E., sec. 28. (xix) 560 acres in T. 26 N., R. 22 E., sec. 29, comprised of— (I) 320 acres in the N 1/2 ; (II) 160 acres in the N 1/2 of the S 1/2 ; and (III) 80 acres in the S 1/2 of the SE 1/4 . (xx) 400 acres in T. 26 N., R. 22 E., sec. 32, comprised of— (I) 320 acres in the S 1/2 ; and (II) 80 acres in the S 1/2 of the NW 1/4 . (xxi) 455.51 acres in T. 26 N., R. 22 E., sec. 33, comprised of— (I) 58.25 acres in lot 3; (II) 58.5 acres in lot 4; (III) 58.76 acres in lot 5; (IV) 40 acres in the NW 1/4 of the NE 1/4 ; (V) 160 acres in the SW 1/4 ; and (VI) 80 acres in the W 1/2 of the SE 1/4 . (xxii) 88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised of— (I) 24.36 acres in lot 1; (II) 24.35 acres in lot 2; and (III) 40 acres in the SW 1/4 of the SW 1/4 . (xxiii) 97.40 acres in T. 27 N., R. 21 E., sec. 2, comprised of— (I) 24.34 acres in lot 1; (II) 24.35 acres in lot 2; (III) 24.35 acres in lot 3; and (IV) 24.36 acres in lot 4. (xxiv) 168.72 acres in T. 27 N., R. 21 E., sec. 3, comprised of— (I) 24.36 acres in lot 1; (II) 24.36 acres in lot 2; (III) 40 acres in lot 8; (IV) 40 acres in lot 11; and (V) 40 acres in lot 12. (xxv) 80 acres in T. 27 N., R. 21 E., sec. 11, comprised of— (I) 40 acres in the NW 1/4 of the SW 1/4 ; and (II) 40 acres in the SW 1/4 of the NW 1/4 . (xxvi) 200 acres in T. 27 N., R. 21 E., sec. 12, comprised of— (I) 80 acres in the E 1/2 of the SW 1/4 ; (II) 40 acres in the NW 1/4 of the NW 1/4 ; and (III) 80 acres in the S 1/2 of the NW 1/4 . (xxvii) 38.87 acres in the NW 1/4 of the SW 1/4 of T. 27 N., R. 21 E., sec. 19. (xxviii) 40 acres in the SE 1/4 of the NE 1/4 of T. 27 N., R. 21 E., sec. 23. (xxix) 320 acres in T. 27 N., R. 21 E., sec. 24, comprised of— (I) 80 acres in the E 1/2 of the NW 1/4 ; (II) 160 acres in the NE 1/4 ; (III) 40 acres in the NE 1/4 of the SE 1/4 ; and (IV) 40 acres in the SW 1/4 of the SW 1/4 . (xxx) 120 acres in T. 27 N., R. 21 E., sec. 25, comprised of— (I) 80 acres in the S 1/2 of the NE 1/4 ; and (II) 40 acres in the SE 1/4 of the NW 1/4 . (xxxi) 40 acres in the NE 1/4 of the SE 1/4 of T. 27 N., R. 21 E., sec. 26. (xxxii) 160 acres in the NW 1/4 of T. 27 N., R. 21 E., sec. 27. (xxxiii) 40 acres in the SW 1/4 of the SW 1/4 of T. 27 N., R. 21 E., sec. 29. (xxxiv) 40 acres in the SW 1/4 of the NE 1/4 of T. 27 N., R. 21 E., sec 30. (xxxv) 120 acres in T. 27 N., R. 21 E., sec. 33, comprised of— (I) 40 acres in the SE 1/4 of the NE 1/4 ; and (II) 80 acres in the N 1/2 of the SE 1/4 . (xxxvi) 440 acres in T. 27 N., R. 21 E., sec. 34, comprised of— (I) 160 acres in the N 1/2 of the S 1/2 ; (II) 160 acres in the NE 1/4 ; (III) 80 acres in the S 1/2 of the NW 1/4 ; and (IV) 40 acres in the SE 1/4 of the SE 1/4 . (xxxvii) 133.44 acres in T. 27 N., R. 22 E., sec. 4, comprised of— (I) 28.09 acres in lot 5; (II) 25.35 acres in lot 6; (III) 40 acres in lot 10; and (IV) 40 acres in lot 15. (xxxviii) 160 acres in T. 27 N., R. 22 E., sec. 7, comprised of— (I) 40 acres in the NE 1/4 of the NE 1/4 ; (II) 40 acres in the NW 1/4 of the SW 1/4 ; and (III) 80 acres in the W 1/2 of the NW 1/4 . (xxxix) 120 acres in T. 27 N., R. 22 E., sec. 8, comprised of— (I) 80 acres in the E 1/2 of the NW 1/4 ; and (II) 40 acres in the NE 1/4 of the SW 1/4 . (xl) 40 acres in the SW 1/4 of the NW 1/4 of T. 27 N., R. 22 E., sec. 9. (xli) 40 acres in the NE 1/4 of the SW 1/4 of T. 27 N., R. 22 E., sec. 17. (xlii) 40 acres in the NW 1/4 of the NW 1/4 of T. 27 N., R. 22 E., sec. 19. (xliii) 40 acres in the SE 1/4 of the NW 1/4 of T. 27 N., R22 E., sec. 20. (xliv) 80 acres in the W 1/2 of the SE 1/4 of T. 27 N., R. 22 E., sec. 31. (xlv) 52.36 acres in the SE 1/4 of the SE 1/4 of T. 27 N., R. 22 E., sec. 33. (xlvi) 40 acres in the NE 1/4 of the SW 1/4 of T. 28 N., R. 22 E., sec. 29. (xlvii) 40 acres in the NE 1/4 of the NE 1/4 of T. 26 N., R. 21 E., sec. 7. (xlviii) 40 acres in the SW 1/4 of the NW 1/4 of T. 26 N., R. 21 E., sec. 12. (xlix) 42.38 acres in the NW 1/4 of the NE 1/4 of T. 26 N., R. 22 E., sec. 6. (l) 320 acres in the E 1/2 of T. 26 N., R. 22 E., sec. 17. (li) 80 acres in the E 1/2 of the NE 1/4 of T. 26 N., R. 22 E., sec. 20. (lii) 240 acres in T. 26 N., R. 22 E., sec. 30, comprised of— (I) 80 acres in the E 1/2 of the NE 1/4 ; (II) 80 acres in the N 1/2 of the SE 1/4 ; (III) 40 acres in the SE 1/4 of the NW 1/4 ; and (IV) 40 acres in the SW 1/4 of the NE 1/4 . (B) Department of agriculture parcels The parcels of approximately 3,519.3 acres of trust land that has been converted to fee land, judicially foreclosed on, and acquired by the Department of Agriculture described in clauses (i) through (iii). (i) Benjamin kirkaldie The land described in this clause is 640 acres in T. 29 N., R. 26 E., comprised of— (I) the SW 1/4 of sec. 27; (II) the NE 1/4 of sec. 33; and (III) the W 1/2 of sec. 34. (ii) Emma lamebull The land described in this clause is 320 acres in the N 1/2 of T. 30 N., R. 23 E., sec. 28. (iii) Alfred minugh The land described in this clause is 2,559.3 acres, comprised of— (I) T. 28 N., R. 24 E., including— (aa) of sec. 16— (AA) the E 1/2 , W 1/2 , E 1/2 , W 1/2 , W 1/2 , NE 1/4 ; (BB) the E 1/2 , E 1/2 , W 1/2 , W 1/2 , NE 1/4 ; (CC) the E 1/2 , W 1/2 , NE 1/4 ; (DD) the W 1/2 , E 1/2 , NE 1/4 ; (EE) the W 1/2 , E 1/2 , E 1/2 , NE 1/4 ; (FF) the W 1/2 , W 1/2 , E 1/2 , E 1/2 , E 1/2 , NE 1/4 ; and (GG) the SE 1/4 ; (bb) all of sec. 21; (cc) the S 1/2 of sec. 22; and (dd) the W 1/2 of sec. 27; (II) T. 29 N., R. 25 E., PMM, including— (aa) the S 1/2 of sec. 1; and (bb) the N 1/2 of sec. 12; (III) 39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2; (IV) T. 30 N., R. 26 E., PMM, including— (aa) 39.4 acres in sec. 3, lot 2; (bb) the SW 1/4 of the SW 1/4 of sec. 4; (cc) the E 1/2 of the SE 1/4 of sec. 5; (dd) the S 1/2 of the SE 1/4 of sec. 7; and (ee) the N 1/2 , N 1/2 , NE 1/4 of sec. 18; and (V) T. 31 N., R. 26 E., PMM, the NW 1/4 of the SE 1/4 of sec. 31. (C) Grinnell lands The following parcels, known as the Grinnell Lands : (i) 547.20 acres in T. 25 N., R. 24 E., sec. 1, exterior to the CERCLA boundary, comprised of— (I) lots 1 through 12; and (II) 160 acres of the SW 1⁄4 . (ii) 275.55 acres in T. 25 N., R. 24 E., sec. 11, exterior to the CERCLA boundary. (iii) 682.45 acres in T. 25 N., R. 24 E., sec. 2, comprised of— (I) lots 1 through 12; (II) 40 acres in each of— (aa) the SESW; (bb) the SWSW; (cc) the NESW; and (dd) the NWSW; and (III) 135.73 acres of the SE 1⁄4 . (iv) 463.99 acres in T. 25 N., R. 24 E., sec. 3, comprised of— (I) lots 5 through 15; and (II) 160 acres of the SE 1⁄4 . (v) 109.48 acres in T. 25 N., R. 24 E., sec. 10, comprised of— (I) lot 5; and (II) 80 acres of the N 1⁄2 of the NE 1⁄4 . (vi) 139.17 acres in T. 25 N., R. 24 E., sec. 12, exterior to the CERCLA boundary, comprised of— (I) lots 14 and 15; and (II) 80 acres of the N 1⁄2 of the NW 1⁄4 . (vii) 322.77 acres in T. 25 N., R. 24 E., sec. 16, comprised of— (I) lots 9 through 12; and (II) 160 acres of the S 1⁄2 of the S 1⁄2 . (viii) 391.45 acres in T. 25 N., R. 24 E., sec. 17, comprised of— (I) lots 8, 9, 10, and 13; (II) 40 acres of the NW 1⁄4 of the SE 1⁄4 ; (III) 80 acres of the N 1⁄2 of the SW 1⁄4 ; and (IV) 160 acres of the S 1⁄2 of the S 1⁄2 . (ix) 320 acres in the W 1⁄2 of T. 25 N., R. 24 E., sec. 21, exterior to the CERCLA boundary. (x) 79.47 acres in T. 25 N., R. 25 E., sec. 2, comprised of lots 3 through 7. (xi) 647.09 acres in T. 25 N., R. 25 E., sec. 3, comprised of— (I) lots 4 through 17; (II) 40 acres of the NW 1⁄4 of the SE 1⁄4 ; and (III) 160 acres of the SW 1⁄4 . (xii) 695.09 acres in T. 25 N., R. 25 E., sec. 4, comprised of— (I) lots 1 through 12; and (II) 320 acres of the S 1⁄2 . (xiii) 671.39 acres in T. 25 N., R. 25. E., sec. 5, comprised of— (I) lots 1 through 12; and (II) 320 acres of the S 1⁄2 . (xiv) 543.56 acres in T. 25 N., R. 25 E., sec. 6, exterior to the CERCLA boundary, comprised of— (I) lots 1 through 12; and (II) 160 acres of the SE 1/4 . (xv) 480 acres in T. 25 N., R. 25 E., sec. 8, exterior to the CERCLA boundary, comprised of— (I) 320 acres of the N 1⁄2 ; and (II) 160 acres of the SE 1⁄4 . (xvi) 640 acres in T. 25 N., R. 25 E., sec. 9. (xvii) 202.76 acres in T. 25 N., R. 25 E., sec. 10, comprised of— (I) lots 6 through 11; and (II) 80 acres of the W 1⁄2 of the NW 1⁄4 . (xviii) 17.66 acres in T. 26 N., R. 24 E., sec. 22, lot 3. (xix) 109.33 acres in T. 26 N., R. 24 E., sec. 23, comprised of lots 5 through 7. (xx) 443.59 acres in T. 26 N., R. 24 E., sec. 25, comprised of— (I) lots 5 through 10; (II) 160 acres of the SW 1⁄4 ; (III) 40 acres of the SW 1⁄4 of the NW 1⁄4 ; and (IV) 80 acres of the W 1⁄2 of the SE 1⁄2 . (xxi) 630.36 acres in T. 26 N., R. 24 E., sec. 26, comprised of— (I) lots 2 through 5; (II) 320 acres of the S 1⁄2 ; and (III) 160 acres of the S 1⁄2 of the N 1⁄2 . (xxii) 91.97 acres in T. 26 N., R. 24 E., sec. 27, comprised of lots 5 through 8. (xxiii) 291.60 acres in T. 26 N., R. 24 E., sec. 34, comprised of— (I) lots 5 through 8; (II) 160 acres of the E 1⁄2 of the E 1⁄2 ; and (III) 40 acres of the SW 1⁄4 of the SE 1⁄4 . (xxiv) 640 acres in T. 26 N., R. 24 E., sec. 35. (xxv) 640 acres in T. 26 N., R. 24 E., sec. 36. (xxvi) 13 acres in T. 26 N., R. 25 E., sec. 25. (xxvii) 246.54 acres in T. 26 N., R. 25 E., sec. 26, comprised of lots 6 through 15. (xxviii) 245.20 acres in T. 26 N., R. 25 E., sec. 27, comprised of lots 5 through 12. (xxix) 275.44 acres in T. 26 N., R. 25 E., sec. 28, comprised of lots 5 through 12. (xxx) 308.80 acres in T. 26 N., R. 25 E., sec. 29, comprised of lots 5 through 12. (xxxi) 287.86 acres in T. 26 N., R. 25 E., sec. 30, comprised of lots 6 through 13. (xxxii) 634.30 acres in T. 26 N., R. 25 E., sec. 31, comprised of— (I) lots 1 through 4; (II) 320 acres of the E 1⁄2 ; and (III) 160 acres of the E 1⁄2 of the W 1⁄2 . (xxxiii) 640 acres in T. 26 N., R. 25 E., sec. 32. (xxxiv) 640 acres in T. 26 N., R. 25 E., sec. 33. (xxxv) 640 acres in T. 26 N., R. 25 E., sec. 34. (xxxvi) 488.08 acres in T. 26 N., R. 25 E., sec. 35, comprised of— (I) lots 5 through 10; (II) 80 acres of the N 1⁄2 of the SW 1⁄4 ; (III) 160 acres of the NW 1⁄4 ; and (IV) 40 acres of the SW 1⁄4 of the SW 1⁄4 . (D) Dodson Land (i) In general Subject to clause (ii), the Dodson Land described in clause (iii) shall be transferred in accordance with paragraph (2)(A). (ii) Restrictions A transfer under this subparagraph shall not occur unless and until a cooperative agreement has been negotiated among the Bureau of Reclamation, the Bureau of Indian Affairs, and the Fort Belknap Indian Community— (I) to ensure that the Bureau of Reclamation and any successor in interest, including the Malta Irrigation District, shall have adequate rights-of-way across the Dodson Land described in clause (iii) to carry out operations, maintenance, and rehabilitation, consistent with all applicable laws and any delivery contracts in effect on the date of enactment of this Act for the Milk River Project, on the conditions that— (aa) the Bureau of Reclamation shall— (AA) identify and provide legal descriptions of the location of the Dodson Project facilities; and (BB) delineate the rights-of-way across the Dodson Land and limit the rights-of-way to only such Dodson Land as is determined necessary and required for the operations, maintenance, and rehabilitation; (bb) the Fort Belknap Indian Community shall have legislative, regulatory, and adjudicatory jurisdiction over all the transferred land; and (cc) the Fort Belknap Indian Community shall have the right to use the Dodson Land for any purpose, on the condition that the use does not interfere with the Bureau of Reclamation facilities; (II) to manage and implement planning, design, and construction relating to rehabilitation, replacement, and repairs of existing Dodson Project facilities, as described in this section; (III) to ensure that the right of ingress and egress by personnel of the Bureau of Reclamation, the Malta Irrigation District (or a successor in interest to the Malta Irrigation District), and other authorized personnel for Milk River Project purposes is provided; and (IV) to provide that the Bureau of Reclamation shall retain ownership of any existing Milk River Project infrastructure. (iii) Description of Dodson Land (I) In general The Dodson Land referred to in clauses (i) and (ii) is the approximately 2,500 acres of land owned by the United States that is, as of the date of enactment of this Act, under the jurisdiction of the Bureau of Reclamation and located at the northeastern corner of the Reservation (which extends to the point in the middle of the main channel of the Milk River), where the Dodson Project facilities of the Milk River Project, including the Dodson Diversion Dam and Dodson South Canal, are located, and more particularly described as follows: (aa) Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1 and 2. (bb) Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13. (cc) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 18, 19, 20, and 29. (dd) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 26, 27, 35, and 36. (II) Clarification The supplemental plats described in items (aa) through (dd) of subclause (I) are official plats, as documented by retracement boundary surveys of the General Land Office, and on record at, and accepted by, the Bureau of Land Management on March 11, 1938. (4) Existing rights and uses (A) Uses (i) In general Subject to clause (ii), any use (including grazing) authorized under a valid lease, permit, or right-of-way on land transferred under this subsection, as in effect on the date of the transfer, shall remain in effect until the date on which the lease, permit, or right-of-way expires. (ii) Exception Clause (i) shall not apply if the holder of the lease, permit, or right-of-way requests an earlier termination of the lease, permit, or right-of-way, in accordance with existing law. (B) Improvements Any improvements constituting personal property (as defined by State law) on land transferred under this subsection by the holder of the lease, permit, or right-of-way— (i) shall remain the property of the holder; and (ii) shall be removed not later than 90 days after the date on which the lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. (C) Payments The Secretary shall disburse to the Fort Belknap Indian Community any amounts that accrue to the United States under a lease, permit, or right-of-way on land described in paragraph (3) from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Fort Belknap Indian Community. (5) Survey With respect to the transfer of land under this subsection— (A) notwithstanding the descriptions of the parcels of Federal land under paragraph (3), the United States may, with the consent of the Fort Belknap Indian Community, make technical corrections to the land parcels to more specifically identify the acreage of the land parcels; (B) unless the United States or the Fort Belknap Indian Community request an additional survey for the transferred land or a technical correction is made under subparagraph (A), the description of land under this section shall be controlling; (C) the Secretary shall provide such financial or other assistance as may be necessary— (i) to conduct additional surveys and obtain appraisals of the transferred land, including any mining claims; and (ii) to satisfy administrative requirements necessary to accomplish the land transfers under this subsection; and (D) the descriptions under this section or any survey under subparagraph (C) shall control the total acreage to be transferred. (6) Date of transfer (A) In general Subject to subparagraph (B), the transfer of land to the United States to be held in trust for the Fort Belknap Indian Community under this subsection shall take effect on the issuance of a trust deed, which shall be issued as expeditiously as practicable after notice of the enforceability date is published in the Federal Register. (B) Completion All land transfers under this subsection shall be completed by the Federal Government by not later than 10 years after the enforceability date. (7) Total amount of federal land to be transferred The total amount of Federal land to be transferred by the Federal Government under this subsection is approximately 30,844 acres. (c) Foreclosed Department of Agriculture land Any Department of Agriculture trust land within the Reservation that has been or is foreclosed on by the United States shall be transferred to the United States to be held in trust for the Fort Belknap Indian Community by— (1) not later than 10 years after the enforceability date, if the foreclosure occurs before the enforceability date; or (2) not later than 10 years after the date of the foreclosure, if the foreclosure occurs after the enforceability date. (d) Impacts on local governments The Secretary may, at the discretion of the Secretary, try to ensure that land to be exchanged under this section is selected in a manner that minimizes the financial impact of the exchange on local governments. (e) Tribally owned fee land Not later than 10 years after the enforceability date, the Secretary shall take into trust for the benefit of the Fort Belknap Indian Community all fee land owned by the Fort Belknap Indian Community to become part of the Reservation. (f) Water rights Beginning on the date of the applicable transfer of land to the United States to be held in trust for the Fort Belknap Indian Community under this section, if any Federal, State, or fee land transferred under this section is subject to a water right in existence on the date of the transfer, the United States, as trustee for the benefit of the Fort Belknap Indian Community, shall be the successor in interest with respect to the water right, in accordance with the terms and conditions that applied to the predecessor in interest. (g) Transfer of title Title to all land acquired by and owned by the United States and title to all tribally owned fee land included under this section shall be transferred, without charge, to the United States, to be held in trust for the benefit of the Fort Belknap Indian Community as part of the Reservation, pursuant to such method of conveyance as the Secretary determines to be necessary. (h) Jurisdiction of Grinnell lands (1) In general Notwithstanding any other provision of Federal law, beginning on the date on which the conditions described in paragraph (2) are met, the Fort Belknap Indian Community Council shall have administrative, regulatory, and judicial jurisdiction over the Grinnell Lands described in subsection (b)(3)(C), including jurisdiction over public recreational access, hunting, and fishing, and natural resource management. (2) Conditions The conditions referred to in paragraph (1) are the conditions that the Fort Belknap Indian Community Council shall adopt— (A) hunting and fishing laws that grant nontribal members equivalent rights and privileges to those that nontribal members enjoy under the hunting and fishing laws (including regulations) of the State, as in effect on the date of enactment of this Act, including rights relating to permit fees and bag limits; and (B) public recreational access laws that grant nontribal members equivalent rights of access for recreational purposes that nontribal members enjoy under Federal law (including regulations), as in effect on the date of enactment of this Act. (3) Tribal laws (A) In general Any Tribal laws promulgated by the Fort Belknap Indian Community pursuant to the jurisdiction of the Fort Belknap Indian Community under paragraph (1) shall be subject to— (i) a 30-day notice and comment period provided by the Secretary to the State; and (ii) after that period, the approval of the Secretary, subject to subparagraph (B). (B) Secretarial approval Not later than 180 days after the date on which the notice and comment period under subparagraph (A)(i) ends, the Secretary shall approve or disapprove the Tribal law. (4) Notification after federal or state amendment (A) In general If an applicable Federal or State hunting and fishing or recreational access law or regulation is amended after the date on which jurisdiction over that law or regulation on the Grinnell Lands described in subsection (b)(3)(C) is transferred to the Fort Belknap Indian Community Council under this subsection, the head of the appropriate Federal or State agency, as applicable, shall promptly notify the Fort Belknap Indian Community Council of the amendment. (B) Response (i) In general Subject to clause (ii), not later than 120 days after the date on which notification is provided to the Fort Belknap Indian Community Council under subparagraph (A), the Fort Belknap Indian Community Council shall— (I) amend the Tribal law of the Fort Belknap Indian Community Council to comply with the amended law or regulation; and (II) notify the Secretary of the amendment. (ii) Secretarial action The Secretary shall— (I) approve or disapprove an amendment under clause (i)(I) by not later than 90 days after the date on which the Secretary receives notice of the amendment under clause (i)(II); and (II) notify the Fort Belknap Indian Community of the decision of the Secretary by not later than 15 days after the date on which the Secretary makes the decision and, if disapproved, provide the reasons for disapproval. (iii) No action If the Secretary does not disapprove the amendment under clause (ii)(I) and notify the Fort Belknap Indian Community of the disapproval by the deadline described in clause (ii)(II), the amendment shall be deemed to be approved. (iv) Failure to respond If the Fort Belknap Indian Community Council fails to comply with clause (i), regulatory jurisdiction shall revert to the United States under paragraph (1) until the earlier of— (I) such time as the Tribal laws of the Fort Belknap Indian Community comply with the amended Federal or State law or regulation; and (II) the date described in paragraph (5). (v) Extensions Notwithstanding any other provision of law, a deadline described in clause (i) or clause (ii) may be extended or otherwise altered by the Secretary if, before the applicable deadline, the Secretary obtains the voluntary and express written consent of the Fort Belknap Indian Community to extend or otherwise alter the deadline. (5) Regulation by Fort Belknap Indian Community council Notwithstanding any other provision of law, beginning on the date that is 25 years after the date of enactment of this Act— (A) the Fort Belknap Indian Community Council may regulate the Grinnell Lands described in subsection (b)(3)(C) under, and according to, Tribal law, subject to such approval by the Secretary as may be required for any other Tribal law; and (B) the other provisions of this subsection shall not apply. (i) Environmental analysis Notwithstanding section 4(c), in preparing an environmental assessment or environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) for the acquisition of State land parcels and the conveyance of Federal land under this section, the Secretary shall only be required to study, develop, and describe— (1) the proposed agency action; and (2) the alternative of no action. (j) Land status All land held in trust by the United States for the benefit of the Fort Belknap Indian Community under this section shall be— (1) beneficially owned by the Fort Belknap Indian Community; and (2) added to and made a part of the Reservation for the use by, and benefit of, the Fort Belknap Indian Community. (k) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary for the administrative costs of carrying out this section $5,000,000 for each of fiscal years 2022 through 2024, without further charge to the Fort Belknap Indian Community. (2) Limitation The amounts made available under paragraph (1) shall be in addition to any other amounts made available under this Act to carry out the exchanges and transfers of land under this section. 7. Storage allocation from Lake Elwell (a) Storage allocation of water to fort belknap indian community (1) In general The Secretary shall permanently allocate to the Fort Belknap Indian Community 20,000 acre-feet per year of water stored in Lake Elwell for use by the Fort Belknap Indian Community for any beneficial purpose on or off the Reservation, under a water right held by the United States and managed by the Bureau of Reclamation for the benefit of the Fort Belknap Indian Community, as measured— (A) by direct diversion from the Reservoir or at the outlet works of the Tiber Dam; (B) by direct diversion from any place in the Marias River downstream of Lake Elwell; or (C) by direct diversion from any place in the Missouri River downstream of the confluence of the Missouri River and the Marias River. (2) Source of allocation (A) In general For each applicable year, the Fort Belknap Indian Community shall take the allocation under paragraph (1) from the active conservation pool or the joint-use pool of the reservoir in such quantities as are sufficient to satisfy the total annual allocation. (B) Priority The allocation under paragraph (1) to the Fort Belknap Indian Community shall take priority over any and all instream flow and recreational uses of the applicable water. (b) Treatment (1) In general The allocation under subsection (a) to the Fort Belknap Indian Community shall be considered to be a part of the Tribal water rights. (2) Priority date The priority date of the allocation under subsection (a) to the Fort Belknap Indian Community shall be the priority date of the Lake Elwell water right held by the Bureau of Reclamation. (3) Administration (A) In general The Fort Belknap Indian Community shall administer the water allocated under subsection (a) in accordance with— (i) the Compact; (ii) this Act; and (iii) Tribal law. (B) Temporary transfer In accordance with subsection (d), the Fort Belknap Indian Community may temporarily transfer off the Reservation, by service contract, lease, exchange, or other agreement, the water allocated under subsection (a), subject to— (i) the approval of the Secretary; and (ii) the requirements of the Compact. (C) Exception Notwithstanding subparagraph (A), paragraphs (1) through (3) of article IV.A.5.b. of the Compact shall not apply to any annual allocation under this subsection, except to the extent that article limits the use of the allocation to a location within the Missouri River Basin. (c) Allocation agreement (1) In general As a condition of receiving an allocation under this section, the Fort Belknap Indian Community shall enter into an agreement with the Secretary to establish the terms and conditions of the allocation, in accordance with the Compact and this Act. (2) Inclusions The agreement under paragraph (1) shall include provisions establishing that— (A) the agreement shall be without limit as to term; (B) the Fort Belknap Indian Community, and not the United States, shall be entitled to all consideration due to the Fort Belknap Indian Community under any lease, contract, or agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); (C) the United States shall have no obligation to monitor, administer, or account for— (i) any funds received by the Fort Belknap Indian Community as consideration under any lease, contract, or agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); or (ii) the expenditure of those funds; (D) if the capacity or function of Lake Elwell facilities are significantly reduced, or are anticipated to be significantly reduced, for an extended period of time, the Fort Belknap Indian Community shall have the same storage rights as other storage contractors with respect to the allocation under this section; (E) the costs associated with the construction of the storage facilities at Tiber Dam allocable to the Fort Belknap Indian Community shall be nonreimbursable; (F) no water service capital charge shall be due or payable for any water allocated to the Fort Belknap Indian Community under this section or the allocation agreement, regardless of whether that water is delivered for use by the Fort Belknap Indian Community or under a service contract, lease, exchange, or other agreement entered into by the Fort Belknap Indian Community pursuant to subsection (b)(3)(B); (G) the Fort Belknap Indian Community shall not be required to make payments to the United States for any water allocated to the Fort Belknap Indian Community under this section or the allocation agreement, except for each acre-foot of stored water leased or transferred for industrial purposes as described in subparagraph (H); and (H) for each acre-foot of stored water leased or transferred by the Fort Belknap Indian Community for industrial purposes— (i) the Fort Belknap Indian Community shall pay annually to the United States an amount necessary to cover the proportional share of the annual operations and maintenance costs, but not replacement and construction costs, allocable to the quantity of water leased or transferred by the Fort Belknap Indian Community for industrial purposes; and (ii) the annual payments of the Fort Belknap Indian Community shall be reviewed and adjusted, as appropriate, to reflect the actual operations, maintenance, and rehabilitation costs for Tiber Dam. (d) Agreement by Fort Belknap Indian Community The Fort Belknap Indian Community may use, lease, contract, exchange, or enter into any other agreement for the use of the water allocated to the Fort Belknap Indian Community under subsection (a) if— (1) the use of water that is the subject of such an agreement occurs within the Missouri River Basin; and (2) the agreement does not permanently alienate any water allocated to the Fort Belknap Indian Community under subsection (a). (e) Effective date The allocation under subsection (a) takes effect on the enforceability date. (f) No carryover storage The allocation under subsection (a) shall not be increased by any unused Fort Belknap Indian Community Tribal water rights from year-to-year carryover storage. (g) Water development and delivery (1) Obligation to provide facility for transport to reservation Except as otherwise provided in this Act, the United States shall have no obligation under this Act to provide any facility for the transport to the Reservation or any other location of the water allocated under this section to the Fort Belknap Indian Community relating to the release of Tribal water rights from Lake Elwell Dam and Reservoir in accordance with a request from the Fort Belknap Indian Community. (2) Development and delivery costs Except for the use of Federal amounts made available under section 8, the United States is not required to pay the cost of developing or delivering to the Reservation any water allocated under subsection (a). (3) Water delivery If Lake Elwell does not have enough stored water available to satisfy the annual obligation under subsection (a), the Fort Belknap Indian Community shall have the right to divert a quantity of water equal to the quantity of water unable to be allocated from Lake Elwell for that year from— (A) any place and at any time in the Marias River downstream of the Lake Elwell Dam; and (B) any place and at any time in the Missouri River downstream of the confluence of the Missouri River and the Marias River. 8. Milk River Project (a) Milk river project modifications (1) Procedures (A) In general The Commissioner, in consultation with the Assistant Secretary for Indian Affairs, the Fort Belknap Indian Community, the Joint Board, and other affected stakeholders, shall modify the operating procedures of the Milk River Project as the Commissioner determines to be necessary to ensure that the Fresno Reservoir is operated in accordance with article III.A.2. and article IV.E. of the Compact. (B) 1946 Fresno Reservoir agreement (i) In general The Commissioner shall carry out such actions as the Commissioner determines to be necessary to provide an accounting of the 1/7 share of the Fort Belknap Indian Community to the Fresno Reservoir total quantity of stored water available for use during each irrigation season from the waters of the Milk River Project that are impounded and stored in the Fresno Reservoir under the agreement between the Commissioner and the Assistant Secretary of Indian Affairs relating to the Milk River Project, numbered I–1–Ind. 18725, and dated July 8, 1946. (ii) Requirement The accounting under clause (i) shall include monthly calculations of the 1/7 share of stored water of the Fort Belknap Indian Community. (iii) Additional considerations In addition to the 1/7 share described in clause (i), the Commissioner shall take into consideration and fully account for the right of the Fort Belknap Indian Community to the Milk River consistent with article III.A.1. of the Compact. (iv) Downstream release Any water stored on behalf of the Fort Belknap Indian Community in the Fresno Reservoir that is available at the end of each irrigation season shall be released downstream, in a manner to be determined by the Fort Belknap Indian Community, for storage in the proposed Fort Belknap Reservoir. (v) Amendments The Commissioner and the Assistant Secretary for Indian Affairs may jointly amend the agreement referred to in clause (i) as the Commissioner and the Assistant Secretary determine to be necessary to provide for an equitable accounting of the share of the Fort Belknap Indian Community described in clause (i). (2) Facilities The Secretary may make such modifications to the federally owned facilities of the Milk River Project as the Secretary determines to be necessary to satisfy the applicable mitigation requirements of the Compact. (3) Costs The Secretary shall retain the fiscal responsibilities described in the agreement described in paragraph (1)(B)(i), including the responsibility for construction costs and annual operation and maintenance charges, that support the continued right of the Fort Belknap Indian Community to the 1/7 share of water stored in the Fresno Reservoir. (b) Milk river coordinating committee (1) In general The Secretary, acting through the Commissioner, the Director of the Bureau of Indian Affairs, the Director of the United States Geological Survey, the Director of the United States Fish and Wildlife Service, and the Director of the Bureau of Land Management, may participate in the Milk River Coordinating Committee pursuant to article IV.C. of the Compact. (2) Inapplicability of federal advisory committee act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Milk River Coordinating Committee. (3) Technical support The Secretary may— (A) maintain a publicly accessible database of diversions from the Milk River made— (i) pursuant to the Milk River Project; (ii) under applicable contracts; and (iii) by the Fort Belknap Indian Community; and (B) provide such other technical support as the Milk River Coordinating Committee may request, including the maintenance of gages necessary to account for daily diversions from the Milk River. (4) Coordination of storage and release Notwithstanding article IV.C.11. of the Compact, the Secretary (acting through the Commissioner), and in consultation with the Milk River Coordinating Committee, shall develop an accounting for the coordination of storage and release of water from Federal storage facilities within the federally owned portion of the Milk River Project. (c) Milk river project mitigation (1) Costs (A) In general Consistent with the agreement of the Federal Government, the State, and the Fort Belknap Indian Community to provide mitigation measures to address impacts on the water users of the Milk River Project, in accordance with article VI.B. of the Compact and this Act— (i) (I) except as provided in subclause (II), the total cost of such mitigation measures shall not exceed $69,500,000, adjusted to reflect changes in construction cost indices from January 1, 2021, that are applicable to the types of construction involved in the activities described for mitigation activities; and (II) if the studies by the State and Federal Government require a cost to support such mitigation measures that is greater than $69,500,000, the total cost of such mitigation shall be such amount as is identified in the studies, and such amount is hereby approved; and (ii) the State and the Federal Government shall enter into a cost-share agreement by not later than 1 year after the date of enactment of this Act to contribute to the cost of such mitigation measures. (B) Treatment of amounts paid Any amount paid by the State or the Federal Government under the cost-share agreement entered into pursuant to clause (ii) of subparagraph (A) shall be counted toward the fulfillment of the obligation of the State or the Federal Government, respectively, under the agreement described in the matter preceding clause (i) of that subparagraph. (2) Compliance with NEPA The Secretary shall ensure that each project that receives Federal funds under this subsection is carried out in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (3) Expenditure of funds Subject to applicable State law, funds provided by the State under this subsection may be expended at any time after the date on which funds are provided. (4) Report Not less frequently than once each year, the Secretary shall request that the State submit to the Fort Belknap Indian Community an accounting of any funds expended by the State under this subsection during the preceding calendar year. (d) Tribal agreement between the Fort Belknap Indian Community and the Blackfeet Tribe related to the Milk River Section 3705(e)(1) of the Blackfeet Water Rights Settlement Act ( Public Law 114–322 ; 130 Stat. 1818) is amended by striking shall establish, and inserting shall establish, by not later than 4 years after the date on which that 3-year period ends, . 9. Satisfaction of claims (a) In general The benefits provided under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Fort Belknap Indian Community against the United States that is waived and released by the Fort Belknap Indian Community under section 10(a). (b) Allottees The benefits realized by the allottees under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of— (1) all claims waived and released by the United States (acting as trustee for the allottees) under section 10(a)(2); and (2) any claims of the allottees against the United States similar to the claims described in section 10(a)(2) that the allottee asserted or could have asserted. 10. Waivers and releases of claims (a) In general (1) Waiver and release of claims by the fort belknap indian community and united states as trustee for the fort belknap indian community Subject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in the Compact and this Act, the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), and the United States, acting as trustee for the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims for water rights within the State that the Fort Belknap Indian Community, or the United States acting as trustee for the Fort Belknap Indian Community, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this Act. (2) Waiver and release of claims by the united states as trustee for allottees Subject to the reservation of rights and the retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in the Compact and this Act, the United States, acting as trustee for the allottees, shall execute a waiver and release of all claims for water rights within the Reservation that the United States, acting as trustee for the allottees, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this Act. (3) Waiver and release of claims by the fort belknap indian community against the united states Subject to the reservation of rights and retention of claims under subsection (d), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) relating to— (A) water rights within the State that the United States, acting as trustee for the Fort Belknap Indian Community, asserted or could have asserted in any proceeding, including a general stream adjudication in the State, except to the extent that such rights are recognized as Tribal water rights under this Act; (B) (i) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights, including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights, if the claim first accrued on or before the enforceability date; (ii) interference with, diversion of, or taking of water, if the claim first accrued on or before the enforceability date; or (iii) failure to protect, acquire, replace, or develop water, water rights, or water infrastructure within the State, if the claim first accrued on or before the enforceability date; (C) a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; (D) a failure to provide for operation and maintenance, or deferred maintenance, for the Fort Belknap Indian Irrigation Project or any other irrigation system or irrigation project on the Reservation; (E) the litigation of claims relating to the water rights of the Fort Belknap Indian Community in the State; (F) the negotiation, execution, or adoption of the Compact (including exhibits); and (G) the allocation of water of the Milk River and the St. Mary River (including tributaries) between the United States and Canada pursuant to the International Boundary Waters Treaty of 1909 (36 Stat. 2448). (b) Effectiveness (1) In general Except as provided in paragraphs (2) and (3), the waivers and releases under subsection (a) shall take effect on the enforceability date. (2) Exchange of Federal and State land The waivers and releases under subsection (a) relating to the land exchange and transfer described in section 6(a) shall take effect on the date on which the land exchange and transfer into trust is completed in accordance with paragraph (4) of that section. (3) Federal land transfers The waivers and releases under subsection (a) relating to the land transfers described in section 6(b) shall take effect on the date on which all of the land transfers are completed in accordance with paragraph (6)(B) of that section. (c) Objections in montana water court Nothing in this Act or the Compact prohibits the Fort Belknap Indian Community, a member of the Fort Belknap Indian Community, an allottee, or the United States in any capacity from objecting to any claim to a water right filed in any general stream adjudication in the Montana Water Court. (d) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsection (a), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community, and the United States, acting as trustee for the Fort Belknap Indian Community and the allottees shall retain— (1) all claims (including claims accruing after the enforceability date) relating to— (A) enforcement of water rights recognized under the Compact, the settlement agreement, any final court decree, or this Act; and (B) the land transfers required under section 6; (2) all claims relating to— (A) activities affecting the quality of water, including enforcement of any court decrees, any claims the Fort Belknap Indian Community might have pending in any court of competent jurisdiction as of the date of enactment of this Act, and any claims under— (i) the CERCLA, including damages to natural resources; (ii) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.); (iii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); and (iv) any regulations implementing the Acts described in clauses (i) through (iii); (B) damage, loss, or injury to land or natural resources that are not due to loss of water or water rights (including hunting, fishing, gathering, or cultural rights); and (C) an action to prevent any person or party (as defined in sections 29 and 30 of article II of the Compact) from interfering with the enjoyment of the Tribal water rights; (3) all claims arising under section 13(i) relating to the enforcement of any Federal, State, or Tribal law (including common law); (4) all claims relating to off-Reservation hunting rights, fishing rights, gathering rights, or other rights; (5) all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; (6) all claims relating to the allocation of waters of the Milk River and the Milk River Project between the Fort Belknap Indian Community and the Blackfeet Tribe, pursuant to section 3705(e)(3) of the Blackfeet Water Rights Settlement Act ( Public Law 114–322 ; 130 Stat. 1818); and (7) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the Compact. (e) Effect of compact and act Nothing in the Compact or this Act— (1) affects the authority of the Fort Belknap Indian Community to enforce the laws of the Fort Belknap Indian Community, including with respect to environmental protections; (2) affects the ability of the United States, acting as a sovereign, to take any action authorized by law (including regulations), including any law relating to health, safety, or the environment, including— (A) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.); and (C) the CERCLA; (3) affects the ability of the United States to act as trustee for any other Indian Tribe or an allottee of any other Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party pursuant to a Federal law relating to health, safety, or the environment; (C) to conduct judicial review of a Federal agency action; or (D) to interpret Tribal law; or (5) waives any claim of a member of the Fort Belknap Indian Community in an individual capacity that does not derive from a right of the Fort Belknap Indian Community. (f) Enforceability date The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) the eligible members of the Fort Belknap Indian Community have voted to approve this Act and the Compact by a majority of votes cast on the day of the vote; (2) (A) the Montana Water Court has issued a final judgment and decree approving the Compact and that decision has become final and nonappealable; or (B) if the Montana Water Court is found to lack jurisdiction, the appropriate United States district court has approved the Compact, and that decision has become final and nonappealable; (3) all of the amounts authorized under section 12 have been appropriated and deposited in the designated accounts; (4) the Secretary has executed the agreements with the Fort Belknap Indian Community as required under the Compact and this Act, which agreements are— (A) the agreement described in section 6(b)(3)(D)(ii); and (B) the agreement described in section 7(c)(1); (5) the State has paid the amounts under section (8)(c)(1)(A) and section 11(n)(1) into mitigation funding accounts that shall be established as part of the cost-share agreements required pursuant to those sections; and (6) the waivers and releases under subsection (a) (other than the waivers and releases for which a different effective date has been provided under paragraphs (2) and (3) of subsection (b)) have been executed by the Fort Belknap Indian Community and the Secretary. (g) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the enforceability date. (2) Effect of subsection Nothing in this subsection revives any claim or tolls any period of limitations or time-based equitable defense that expired before the date of enactment of this Act. (h) Voiding of waivers If the authority provided by this Act terminates under section 14— (1) the approval by the United States of the Compact under section 4 shall no longer be effective; (2) any waivers and releases executed by the Fort Belknap Indian Community under this section shall be void; (3) any unexpended and unobligated Federal funds in the Settlement Trust Fund not made available to the Fort Belknap Indian Community as authorized by this Act, together with any interest earned on those funds, shall be returned to the Federal Government, unless otherwise agreed to by the Fort Belknap Indian Community and the United States; and (4) all statutes of limitations applicable to any claim subject to the waiver shall be tolled until, as applicable— (A) June 30, 2035; or (B) a later date in accordance with section 14(a)(1)(B). 11. Aaniiih Nakoda Settlement Trust Fund (a) Definition of plan (1) In general In this section, the term Plan means the document entitled Fort Belknap Indian Community Comprehensive Water Development Plan , prepared by Natural Resources Consulting Engineers, Inc., and dated February 2019. (2) Inclusion In this section, the term Plan includes any modification to the document referred to in paragraph (1) that the Fort Belknap Indian Community determines to be necessary to account for conditions in existence at the time at which an activity is carried out pursuant to this section. (b) Establishment (1) In general The Secretary shall establish in the Treasury of the United States a trust fund for the Fort Belknap Indian Community, to be known as the Aaniiih Nakoda Settlement Trust Fund , consisting of— (A) the amounts deposited in the Trust Fund under subsection (d); and (B) any interest earned on those amounts. (2) Management; availability For the purpose of carrying out this Act, amounts in the Trust Fund shall— (A) be allocated, maintained, managed, invested, and distributed by the Secretary; and (B) remain available until expended. (c) Accounts The Secretary shall establish in the Trust Fund the following accounts: (1) The Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account for activities described in the Plan relating to— (A) rehabilitation and modernization, including improvements to increase conservation efforts, of the Milk River unit of the Fort Belknap Indian Irrigation Project; (B) expansion of the Milk River unit of the Fort Belknap Indian Irrigation Project; (C) rehabilitation and modernization of the Southern Tributary Irrigation Project units of the Fort Belknap Indian Irrigation Project; (D) the Peoples Creek Irrigation Project of the Fort Belknap Indian Irrigation Project; and (E) other land- and water-related projects. (2) The Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, Maintenance, and Repair Account, of which only the earned interest may be used to pay for activities described in the Plan relating to— (A) the costs of administering and regulating the Tribal water rights, including through— (i) the development or enactment of a Tribal water code in accordance with section 5(f); and (ii) the establishment and operation of a Tribal water resources department; and (B) the annual operations, maintenance, and repair assessment costs for the Tribe and Tribal member water users, including allottees. (3) The Fort Belknap Indian Community Tribal Economic Development Account, the principal and interest of which may be used by the Fort Belknap Indian Community to pay the costs of such activities described in the Plan as the Fort Belknap Indian Community determines to be necessary to advance the economic development of the Fort Belknap Indian Community. (4) The Fort Belknap Indian Community Clean and Safe Domestic Water Supply and Wastewater Systems Account, the principal and interest of which may be used by the Fort Belknap Indian Community to pay the costs of activities described in the Plan relating to— (A) preparation of a feasibility study and design of a water supply and sewer treatment system for the Fort Belknap Indian Community; (B) the planning, design, and construction of a domestic water supply system and related facilities for Tribal communities; (C) the planning, design, and construction of a wastewater treatment and collections system for Tribal communities; and (D) environmental compliance in the development and construction of projects under this Act. (d) Deposits The Secretary shall deposit— (1) in the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1), the amounts made available pursuant to section 12(b); (2) in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, Maintenance, and Repair Account established under subsection (c)(2), the amounts made available pursuant to section 12(c); (3) in the Fort Belknap Indian Community Tribal Economic Development Account established under subsection (c)(3), the amounts made available pursuant to section 12(d); and (4) in the Fort Belknap Indian Community Clean and Safe Domestic Water Supply and Wastewater Systems Account established under subsection (c)(4), the amounts made available pursuant to section 12(e). (e) Management and interest (1) Management On receipt and deposit of the funds into the accounts in the Trust Fund pursuant to subsection (d), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq.); and (C) this section. (2) Investment earnings In addition to the deposits under subsection (d), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be appropriated for use in accordance with subsection (c). (f) Availability of amounts (1) Funding Except as provided in paragraph (3), the amounts made available under this section (including any investment earnings on those amounts) shall be available for expenditure or withdrawal by the Fort Belknap Indian Community without fiscal year limitation beginning on the enforceability date. (2) Other funding In addition to funding specifically made available under this Act, if the Secretary determines that, for a given fiscal year, a sufficient amount of funding has not been made available through annual appropriations or other sources, the Secretary shall expend from the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) ) such amounts as are necessary to pay the Federal share of the costs associated with the Trust Fund. (3) Use Any amounts— (A) deposited in the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1) shall be available to the Fort Belknap Indian Community or the Secretary, as applicable, on the date on which the amounts are deposited, for the uses described in that subsection; and (B) deposited in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, Maintenance, and Repair Account established under subsection (c)(2) shall be made available to the Fort Belknap Indian Community on the date on which the amounts are deposited and the Fort Belknap Indian Community has satisfied the requirements of section 10(f)(1) for the uses described in subsection (c)(2). (g) Withdrawals (1) American Indian Trust Fund Management Reform Act of 1994 (A) In general Except as provided in subparagraph (C), the Fort Belknap Indian Community may withdraw any portion of the amounts in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Fort Belknap Indian Community in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq.). (B) Additional requirements In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq.), the Tribal management plan under this paragraph shall require that the Fort Belknap Indian Community shall spend all amounts withdrawn from the Trust Fund, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this Act. (C) Exception (i) In general A withdrawal from the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1)— (I) shall be made only in accordance with subsection (f)(3); and (II) notwithstanding any other provision of law, shall not be subject to the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq.), consistent with subsection (m). (ii) Secretarial responsibility The Secretary shall be responsible for carrying out activities described in subsection (c)(1). (D) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary— (i) to enforce the Tribal management plan; and (ii) to ensure that amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community under this paragraph are used in accordance with this Act. (2) Effect Nothing in this subsection entitles the Fort Belknap Indian Community to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan under paragraph (1)(A), other than as provided under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). (h) Liability The Secretary shall not be liable for any expenditure or investment of amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community pursuant to subsection (g). (i) Annual report For each account in the Trust Fund (other than the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1)), the Fort Belknap Indian Community shall submit to the Secretary a report in accordance with, as applicable— (1) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq.); or (2) the Tribal management plan. (j) No per capita payments No principal or interest amount in any account established by this section shall be distributed to any member of the Fort Belknap Indian Community on a per capita basis. (k) Ownership of the Fort Belknap Indian Irrigation Project (1) In general The Fort Belknap Indian Irrigation Project shall be held in trust by the United States for the benefit of the Fort Belknap Indian Community. (2) Management and control; financial responsibility (A) In general The Secretary, acting through the Director of the Bureau of Indian Affairs (referred to in this paragraph as the Secretary ), shall— (i) retain the Federal responsibilities, including fiduciary obligations and liability, as trustee of the Fort Belknap Indian Irrigation Project for the Fort Belknap Indian Community; and (ii) except as provided in subparagraph (B), have full responsibility for the regulation, administration, management, and control of the Fort Belknap Indian Irrigation Project. (B) Indian self-determination At the option of the Fort Belknap Indian Community, the Secretary shall enter into an agreement with the Fort Belknap Indian Community in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq.) under which— (i) the Fort Belknap Indian Community shall assume responsibility for the regulation, administration, management, and control of a portion or all of the Fort Belknap Indian Irrigation Project; and (ii) the Secretary shall retain fiduciary obligations and liability, as trustee of the Fort Belknap Indian Irrigation Project for the Fort Belknap Indian Community. (3) Operations, maintenance, and repair costs Except as otherwise provided in this Act, nothing in this Act affects any obligation, including financial obligations, of the United States for the operations, maintenance, and repair costs of the Fort Belknap Indian Irrigation Project. (l) Water transport obligation (1) In general The Secretary shall provide assistance with planning, design, and construction activities necessary to carry out the activities described in paragraphs (3) and (4) of subsection (c). (2) Authorization of studies The Secretary, with the informed consent of the Fort Belknap Indian Community, shall carry out 1 or more studies— (A) to determine the feasibility of a water supply and wastewater system for the Fort Belknap Indian Community; and (B) if a project to be developed and constructed under this Act is associated with, affected by, or located within the same river basin as a Federal reclamation project in existence on the date of enactment of this Act— (i) to determine the environmental impact of the project; and (ii) to ensure environmental compliance in the development and construction of the project. (m) Indian self-Determination (1) In general Notwithstanding any other provision of law, if the Fort Belknap Indian Community, not later than 180 days after the date on which funds are appropriated for deposit in the Trust Fund and available for withdrawal, or not later than such alternative date as is agreed to by the Fort Belknap Indian Community and the Secretary, elects to perform a program, function, service, or activity, or a portion thereof, authorized under subsection (c)(1), the Secretary and the Fort Belknap Indian Community shall enter into, with respect to the program, function, service, or activity— (A) a self-determination contract under title I of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5321 et seq.); or (B) a self-governance compact under title IV of that Act ( 25 U.S.C. 5361 et seq.). (2) Funding agreements (A) In general After entering into a self-determination contract or self-governance compact under paragraph (1), the Secretary and the Fort Belknap Indian Community may enter into a funding agreement pursuant to section 403 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5363 ). (B) Requirements (i) In general In providing to the Fort Belknap Indian Community funding, including funding for any related contract supports costs, to carry out a funding agreement entered into under subparagraph (A), the Secretary shall only use amounts from the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1). (ii) Application of self-determination contract or self-governance compact Any funds transferred for use in a funding agreement under this paragraph shall be subject to the self-determination contract or self-governance compact entered into under paragraph (1). (3) Applicability of certain ISDEAA provisions For purposes of this subsection— (A) the annual trust evaluation required under section 403(d) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5363(d) ) shall monitor the performance, and progress toward completion, of the program, function, service, or activity carried out pursuant to the self-determination contract or self-governance compact entered into under paragraph (1); (B) the program, function, service, or activity carried out pursuant to the self-determination contract or self-governance compact entered into under paragraph (1) shall be considered to be construction programs or projects under section 403(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5363(e) ); and (C) reporting requirements regarding planning, design, and the use and expenditure of funds shall be negotiated and included within the funding agreement entered into under paragraph (2). (4) Secretarial performance of activities If the Fort Belknap Indian Community does not elect to carry out the program, function, service, or activity under paragraph (1) by the deadline described in that paragraph, the Secretary shall carry out the program, function, service, or activity using amounts made available from the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under subsection (c)(1). (5) Nonreimbursability of costs All costs incurred in carrying out this subsection, including the cost of any oversight activity carried out by the Secretary under any agreement entered into under this subsection, shall be nonreimbursable. (6) Treatment Any activities carried out pursuant to a self-determination contract or self-governance compact entered into under paragraph (1) that result in improvements, additions, or modifications to the Fort Belknap Indian Irrigation Project, including the acquisition of any real property interest (other than land), shall— (A) become a part of the inventory of the Secretary relating to the Fort Belknap Indian Irrigation Project; and (B) be recorded in the inventory of the Secretary relating to the Fort Belknap Indian Irrigation Project. (n) Peoples creek dam and reservoir (1) In general Consistent with the agreement of the Federal Government, the State, and the Fort Belknap Indian Community to contribute to the cost of design and construction of the Peoples Creek Dam and Reservoir to support mitigation activities pursuant to article VI.C. of the Compact and this Act— (A) (i) except as provided in clause (ii), the total cost of such mitigation measures shall not exceed $15,500,000, adjusted to reflect changes in the construction cost indices from May 1, 2021, that are applicable to the types of construction involved in the activities described for the mitigation activities; and (ii) if the studies by the State and Federal Government require a cost to support such mitigation measures that is greater than $15,500,000, the total cost of such mitigation shall be such amount as is identified in the studies, and such amount is hereby approved; and (B) the State and the Federal Government shall enter into a cost-share agreement by not later than 1 year after the date of enactment of this Act to contribute to the cost of such mitigation measures. (2) Treatment of amounts paid Any amount paid by the State or the Federal Government under the cost-share agreement entered into pursuant to paragraph (1) shall be counted toward the fulfillment of the obligation of the State or the Federal Government, respectively, under the agreement described in the matter preceding subparagraph (A) of that paragraph. (o) Nonreimbursability of costs The costs to the Secretary of carrying out this section shall be nonreimbursable. 12. Funding (a) Reclamation water settlements fund (1) In general Notwithstanding any other provision of law, on October 1, 2022, and each October 1 thereafter through October 1, 2034, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary for deposit in the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) ) $30,000,000, to remain available until expended, for the use described in paragraph (2). (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out section 10501(c)(3)(B)(iii) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(c)(3)(B)(iii) ) the funds transferred under paragraph (1) specifically to pay towards the Federal share of the remaining costs of implementing the Indian water rights settlement agreement for the Fort Belknap Indian Community under this Act, without further appropriation. (b) Fort belknap indian community tribal land and water, rehabilitation, modernization, and expansion account (1) Mandatory appropriations Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under paragraph (1) of section 11(c) $134,478,400, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. (2) Authorization of appropriations In addition to the amounts made available under paragraph (1), there is authorized to be appropriated for deposit in the Fort Belknap Indian Community Tribal Land and Water Rehabilitation, Modernization, and Expansion Account established under paragraph (1) of section 11(c) $105,661,600, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. (c) Fort belknap indian community water resources and water rights administration, operation, maintenance, and repair account (1) Mandatory appropriations Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, Maintenance, and Repair Account established under paragraph (2) of section 11(c) $31,263,000, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. (2) Authorization of appropriations In addition to the amounts made available under paragraph (1), there is authorized to be appropriated for deposit in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, Maintenance, and Repair Account established under paragraph (2) of section 11(c) $30,037,000, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. (d) Fort belknap indian community tribal economic development account (1) Mandatory appropriations Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fort Belknap Indian Community Tribal Economic Development Account established under paragraph (3) of section 11(c) $92,614,500, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. (2) Authorization of appropriations In addition to the amounts made available under paragraph (1), there is authorized to be appropriated for deposit in the Fort Belknap Indian Community Tribal Economic Development Account established under paragraph (3) of section 11(c) $75,775,500, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. (e) Fort Belknap Indian Community Clean and Safe Domestic Water Supply and Wastewater Systems Account (1) Mandatory appropriations Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fort Belknap Indian Community Clean and Safe Domestic Water Supply and Wastewater Systems Account established under paragraph (4) of section 11(c) $69,036,800, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. (2) Authorization of appropriations In addition to the amounts made available under paragraph (1), there is authorized to be appropriated for deposit in the Fort Belknap Indian Community Clean and Safe Domestic Water Supply and Wastewater Systems Account established under paragraph (4) of section 11(c) $54,243,200, as adjusted to reflect changes in construction cost indices since May 1, 2011, that are applicable to the types of construction involved in the activities described in that paragraph. (f) Federal contribution to the milk river project mitigation (1) In general Pursuant to article VI.B. of the Compact, the Federal contribution to the mitigation of impacts on the Milk River Project shall be the amount paid by the Federal Government pursuant to section 8(c)(1)(A)(ii), to be used to support the cost of construction and watershed improvements involved in the mitigation activities. (2) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection, an amount equal to the amount described in paragraph (1) for fiscal year 2022, as adjusted to reflect changes in construction cost indices since May 1, 2021, that are applicable to the types of construction and other activities involved in the mitigation activities that will be implemented for the Milk River Project. (g) Federal contribution to the upper peoples creek project mitigation (1) In general Pursuant to article VI.C. of the Compact, the Federal contribution to the protection provided to the Upper Peoples Creek water users in the Peoples Creek Basin shall be the amount paid by the Federal Government pursuant to section 11(n)(1), to be used to support the cost of design and construction of the Upper Peoples Creek Dam and Reservoir. (2) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection an amount equal to the amount described in paragraph (1) for fiscal year 2022, as adjusted to reflect changes in construction cost indices since May 1, 2021, that are applicable to the types of design and construction involved in the mitigation activities that will be implemented for the Upper Peoples Creek Dam and Reservoir. (h) Nonreimbursability of costs All amounts incurred by the Secretary under this section shall be nonreimbursable. 13. Miscellaneous provisions (a) Waiver of sovereign immunity by the United States Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 ), nothing in this Act waives the sovereign immunity of the United States. (b) Other Tribes not adversely affected Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Fort Belknap Indian Community. (c) Elimination of Department of Agriculture debts or liens against allotments of the fort belknap indian community members within the fort belknap indian irrigation project The Secretary shall cancel and eliminate all debts or liens against the allotments of land held by the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community due to construction assessments, annual operation and maintenance charges, and any other charge that may have been levied relating to an irrigation project of the Secretary for the Fort Belknap Indian Community. (d) Effect on current law Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (e) Effect on reclamation laws The activities carried out by the Commissioner under this Act shall not establish a precedent or impact the authority provided under any other provision of the reclamation laws, including— (1) the Reclamation Rural Water Supply Act of 2006 ( 43 U.S.C. 2401 et seq.); and (2) the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991). (f) Additional funding Nothing in this Act prohibits the Fort Belknap Indian Community from seeking— (1) additional funds for Tribal programs or purposes; or (2) funding from the United States or the State based on the status of the Fort Belknap Indian Community as an Indian Tribe. (g) Rights under State law Except as provided in section 1 of article III of the Compact (relating to the closing of certain water basins in the State to new appropriations in accordance with the laws of the State), nothing in this Act or the Compact precludes the acquisition or exercise of a right arising under State law (as defined in section 6 of article II of the Compact) to the use of water by the Fort Belknap Indian Community, or a member or allottee of the Fort Belknap Indian Community, outside the Reservation by— (1) purchase of the right; or (2) submitting to the State an application in accordance with State law. (h) Water storage and importation Nothing in this Act or the Compact prevents the Fort Belknap Indian Community from participating in any project to import water to, or to add storage in, the Milk River Basin. (i) Environmental protection (1) Definition of little rockies mountains In this subsection, the term Little Rockies Mountains means the mountains that— (A) form the southern boundary of the Reservation; and (B) are sacred and culturally significant to the Fort Belknap Indian Community. (2) Protection Nothing in the Compact or this Act limits— (A) the authority of the United States, the State, or the Fort Belknap Indian Community to enforce any Federal, State, or Tribal law (including common law) relating to the protection of the environment; or (B) any claim of the Fort Belknap Indian Community, a member of the Fort Belknap Indian Community, or an allottee, or of the United States, acting on behalf of the Fort Belknap Indian Community, a member of the Fort Belknap Indian Community, or an allottee, for— (i) damage to water quality caused by mining activities in the Little Rockies Mountains; or (ii) depletion in surface flows or groundwater on the southern end of the Reservation. 14. Termination on failure to meet enforceability date (a) In general If the Secretary has not published a statement of findings under section 10(f) by the applicable date described in subsection (b)— (1) the authority provided by this Act shall terminate effective on— (A) January 1, 2035; or (B) a later date agreed to by the Fort Belknap Indian Community and the Secretary; (2) any action taken by the Secretary and any contract or agreement entered into pursuant to this Act that can be reversed shall be void; and (3) any waivers and releases executed under section 10(a) shall be void. (b) Date described The date referred to in subsection (a) is, as applicable— (1) December 31, 2034; or (2) an alternative later date agreed to by the Fort Belknap Indian Community and the Secretary after reasonable notice to the State. 15. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act, including any obligation or activity under the Compact, if— (1) adequate appropriations are not provided by Congress expressly to carry out the purposes of this Act; or (2) there are not enough funds available in the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) ) to carry out the purposes of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1911is/xml/BILLS-117s1911is.xml |
117-s-1912 | II 117th CONGRESS 1st Session S. 1912 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Padilla (for himself, Mr. Coons , Mr. Durbin , Ms. Warren , Mr. Booker , Mr. Markey , Ms. Cortez Masto , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection.
1. Short title This Act may be cited as the Access to Counsel Act of 2021 . 2. Access to counsel and other assistance at ports of entry and during deferred inspection (a) Access to counsel and other assistance during inspection Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) is amended by adding at the end the following: (e) Access to counsel and other assistance during inspection at ports of entry and during deferred inspection (1) In general The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. (2) Scope of assistance The Secretary of Homeland Security shall— (A) provide the covered individual a meaningful opportunity to consult (including consultation via telephone) with counsel and an interested party not later than one hour after the secondary inspection process commences and as necessary throughout the remainder of the inspection process, including, as applicable, during deferred inspection; (B) allow counsel and an interested party to advocate on behalf of the covered individual, including by providing to the examining immigration officer information, documentation, and other evidence in support of the covered individual; and (C) to the greatest extent practicable, accommodate a request by the covered individual for counsel or an interested party to appear in person at the secondary or deferred inspection site. (3) Special rule for lawful permanent residents (A) In general Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. (B) Exception The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. (4) Definitions In this section: (A) Counsel The term counsel means— (i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or (ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. (B) Covered individual The term covered individual means an individual subject to secondary or deferred inspection who is— (i) a national of the United States; (ii) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; (iii) an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa; (iv) an alien seeking admission as a nonimmigrant in possession of a valid unexpired nonimmigrant visa; (v) a refugee; (vi) a returning asylee; or (vii) an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document. (C) Interested party The term interested party means— (i) a relative of the covered individual; (ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or (iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual. . (b) Effective date The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. (c) Savings provision Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under— (1) section 240(b)(4)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(4)(A) ); (2) section 292 of such Act ( 8 U.S.C. 1362 ); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1912is/xml/BILLS-117s1912is.xml |
117-s-1913 | II 117th CONGRESS 1st Session S. 1913 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Cortez Masto (for herself, Mr. Schumer , Ms. Hassan , Ms. Klobuchar , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To modify the penalties for violations of the Telephone Consumer Protection Act of 1993.
1. Short title This Act may be cited as the Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2021 or the DO NOT Call Act . 2. Penalties for violations of the Telephone Consumer Protection Act of 1993 (a) Criminal penalties (1) In general Section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 ) is amended by adding at the end the following: (k) Criminal penalties (1) In general Except as provided in paragraph (2), any person who willfully and knowingly violates this section shall be imprisoned for not more than 1 year, fined under title 18, United States Code, or both. (2) Aggravated offense Any person who willfully and knowingly violates this section shall be imprisoned for not more than 3 years, fined under title 18, United States Code, or both if— (A) the person has previously been convicted under this subsection; (B) the offense involved initiating more than— (i) 100,000 calls in a 24-hour period; (ii) 1,000,000 calls in a 30-day period; or (iii) 10,000,000 calls in a 1-year period; (C) the person committed the offense with the intent to use the calls in furtherance of a felony or conspiracy to commit a felony; or (D) the offense caused loss to 1 or more persons aggregating $5,000 or more in value during any 1-year period. (3) Definitions For purposes of this subsection— (A) the term call includes a message or other communication; and (B) the term initiate , with respect to a call, includes the act of sending, making, or transmitting a call, message, or other communication, as applicable. . (2) Technical and conforming amendment Section 227(e)(5)(B) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(5)(B) ) is amended, in the second sentence, by striking section 501 and inserting subsection (k) . (b) Increased penalties for provision of inaccurate caller identification information Section 227(e)(5) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(5) ) is amended— (1) in subparagraph (A)(i), by striking $10,000 and inserting $20,000 ; and (2) in subparagraph (B), in the first sentence, by striking $10,000 and inserting $20,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s1913is/xml/BILLS-117s1913is.xml |
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