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117-s-2014 | II 117th CONGRESS 1st Session S. 2014 IN THE SENATE OF THE UNITED STATES June 10, 2021 Ms. Warren (for herself, Mr. Schumer , Ms. Cantwell , Mr. Carper , Mr. Blumenthal , Ms. Hirono , Ms. Smith , Ms. Baldwin , Mrs. Shaheen , Mr. Merkley , Mr. Murphy , Mr. Markey , Mr. Sanders , Mr. Booker , Mr. Durbin , Mr. Van Hollen , Mr. Reed , Mr. Whitehouse , Ms. Cortez Masto , Mrs. Feinstein , Mr. Menendez , Mr. Brown , Ms. Duckworth , Mrs. Gillibrand , Ms. Klobuchar , Mrs. Murray , Mr. Cardin , Mr. Kaine , Mr. Warner , Mr. Peters , Mr. Wyden , Mr. Casey , Mr. Bennet , Mr. Schatz , Mr. Leahy , Ms. Rosen , Ms. Stabenow , Mr. Padilla , Mr. Warnock , and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To permit legally married same-sex couples to amend their filing status for tax returns outside the statute of limitations.
1. Short title This Act may be cited as the Refund Equality Act of 2021 . 2. Extension of period of limitation for certain legally married couples (a) In general In the case of an individual first treated as married for purposes of the Internal Revenue Code of 1986 by the application of the holdings of Revenue Ruling 2013–17— (1) if such individual filed a return (other than a joint return) for a taxable year ending before September 16, 2013, for which a joint return could have been made by the individual and the individual's spouse but for the fact that such holdings were not effective at the time of filing, such return shall be treated as a separate return within the meaning of section 6013(b) of such Code and the time prescribed by section 6013(b)(2)(A) for filing a joint return after filing a separate return shall not expire before the date prescribed by law (including extensions) for filing the return of tax for the taxable year that includes the date of the enactment of this Act; and (2) in the case of a joint return filed pursuant to paragraph (1)— (A) the period of limitation prescribed by section 6511(a) of such Code for any such taxable year shall be extended until the date prescribed by law (including extensions) for filing the return of tax for the taxable year that includes the date of the enactment of this Act; and (B) section 6511(b)(2) shall not apply to any claim of credit or refund with respect to such return. (b) Amendments, etc. restricted to change in marital status Subsection (a) shall apply only with respect to amendments to the return of tax, and claims for credit or refund, relating to a change in the marital status for purposes of the Internal Revenue Code of 1986 of the individual. | https://www.govinfo.gov/content/pkg/BILLS-117s2014is/xml/BILLS-117s2014is.xml |
117-s-2015 | II 117th CONGRESS 1st Session S. 2015 IN THE SENATE OF THE UNITED STATES June 10, 2021 Ms. Rosen (for herself, Mr. Wicker , Ms. Klobuchar , Mr. Scott of Florida , Ms. Cortez Masto , and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the FAST Act to require an update to the national travel and tourism infrastructure strategic plan, and for other purposes.
1. Short title This Act may be cited as the Travel Optimization by Updating and Revitalizing Infrastructure to Support Mobilization Act or the TOURISM Act . 2. National travel and tourism infrastructure strategic plan Section 1431(e) of the FAST Act ( 49 U.S.C. 301 note; Public Law 114–94 ) is amended— (1) by redesignating paragraphs (1) through (7) as subparagraphs (A) though (G), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated)— (A) by striking Not later than 3 years after the date of enactment of this Act and inserting Not later than 180 days after the date of enactment of the TOURISM Act ; and (B) by striking plan that includes and inserting the following: “plan— (1) to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the COVID–19 pandemic; and (2) that includes ; and (3) in paragraph (2) (as so redesignated)— (A) in subparagraph (A) (as so redesignated), by inserting , including consideration of the impacts of the COVID–19 pandemic after network ; (B) in subparagraph (D) (as so redesignated), by inserting of regional significance after corridors ; (C) in subparagraph (F) (as so redesignated), by striking and at the end; (D) in subparagraph (G) (as so redesignated), by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic but often less-traveled roads that promote tourism and economic development throughout the country. . | https://www.govinfo.gov/content/pkg/BILLS-117s2015is/xml/BILLS-117s2015is.xml |
117-s-2016 | II 117th CONGRESS 1st Session S. 2016 IN THE SENATE OF THE UNITED STATES June 10, 2021 Ms. Cantwell (for herself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize elements of the Department of Transportation, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Surface Transportation Investment Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Multimodal and freight transportation Subtitle A—Multimodal freight policy Sec. 1101. Office of Multimodal Freight Infrastructure and Policy. Sec. 1102. Updates to National Freight Plan. Sec. 1103. State collaboration with National Multimodal Freight Network. Sec. 1104. Improving State freight plans. Sec. 1105. Implementation of National Multimodal Freight Network. Sec. 1106. Multi-State freight corridor planning. Subtitle B—Multimodal investment Sec. 1201. National infrastructure project assistance. Sec. 1202. Local and regional project assistance. Sec. 1203. National culvert removal, replacement, and restoration grant program. Sec. 1204. Nationally significant multimodal freight projects. Sec. 1205. National multimodal cooperative freight research program. Sec. 1206. Rural and Tribal infrastructure advancement. Subtitle C—Railroad rehabilitation and improvement financing reforms Sec. 1301. RRIF codification and reforms. Sec. 1302. Substantive criteria and standards. Sec. 1303. Semiannual report on transit-oriented development eligibility. TITLE II—Rail Sec. 2001. Short title. Subtitle A—Authorization of appropriations Sec. 2101. Grants to Amtrak. Sec. 2102. Federal Railroad Administration. Sec. 2103. Consolidated rail infrastructure and safety improvements grants. Sec. 2104. Railroad Crossing Elimination Program. Sec. 2105. Restoration and enhancement grants. Sec. 2106. Federal-State partnership for intercity passenger rail grants. Sec. 2107. Amtrak Office of Inspector General. Subtitle B—Amtrak reforms Sec. 2201. Amtrak findings, mission, and goals. Sec. 2202. Composition of Amtrak’s Board of Directors. Sec. 2203. Station agents. Sec. 2204. Increasing oversight of changes to Amtrak long-distance routes and other intercity services. Sec. 2205. Improved oversight of Amtrak accounting. Sec. 2206. Improved oversight of Amtrak spending. Sec. 2207. Increasing service line and asset line plan transparency. Sec. 2208. Passenger experience enhancement. Sec. 2209. Amtrak smoking policy. Sec. 2210. Protecting Amtrak routes through rural communities. Sec. 2211. State-Supported Route Committee. Sec. 2212. Enhancing cross border service. Sec. 2213. Creating quality jobs. Subtitle C—Intercity passenger rail policy Sec. 2301. Northeast Corridor planning. Sec. 2302. Northeast Corridor Commission. Sec. 2303. Consolidated rail infrastructure and safety improvements. Sec. 2304. Restoration and enhancement grants. Sec. 2305. Railroad Crossing Elimination Program. Sec. 2306. Interstate rail compacts. Sec. 2307. Federal-State partnership for intercity passenger rail grants. Sec. 2308. Corridor Identification and Development Program. Sec. 2309. Surface Transportation Board Passenger Rail Program. Sec. 2310. Railroad rights-of-way. Subtitle D—Rail safety Sec. 2401. Railway-highway crossings program evaluation. Sec. 2402. Grade crossing accident prediction model. Sec. 2403. Periodic updates to highway-rail crossing reports and plans. Sec. 2404. Blocked crossing portal. Sec. 2405. Data accessibility. Sec. 2406. Emergency lighting. Sec. 2407. Comprehensive rail safety review of Amtrak. Sec. 2408. Completion of hours of service and fatigue studies. Sec. 2409. Positive train control study. Sec. 2410. Operating crew member training, qualification, and certification. Sec. 2411. Transparency and safety. Sec. 2412. Research and development. Sec. 2413. Rail Research and Development Center of Excellence. Sec. 2414. Quarterly report on positive train control system performance. Sec. 2415. Speed limit action plans. Sec. 2416. New passenger service pre-revenue safety validation plan. Sec. 2417. Federal Railroad Administration accident and incident investigations. Sec. 2418. Civil penalty enforcement authority. Sec. 2419. Advancing safety and innovative technology. Sec. 2420. Passenger rail vehicle occupant protection systems. Sec. 2421. Federal Railroad Administration safety reporting. Sec. 2422. National Academies study on trains longer than 7,500 feet. Sec. 2423. High-speed train noise emissions. Sec. 2424. Critical incident stress plans. TITLE III—Motor carrier safety Sec. 3001. Authorization of appropriations. Sec. 3002. Motor carrier safety advisory committee. Sec. 3003. Combating human trafficking. Sec. 3004. Immobilization grant program. Sec. 3005. Commercial motor vehicle enforcement training and support. Sec. 3006. Study of commercial motor vehicle crash causation. Sec. 3007. Promoting women in the trucking workforce. Sec. 3008. State inspection of passenger-carrying commercial motor vehicles. Sec. 3009. Truck Leasing Task Force. Sec. 3010. Automatic emergency braking. Sec. 3011. Underride protection. Sec. 3012. Providers of recreational activities. Sec. 3013. Amendments to regulations relating to transportation of household goods in interstate commerce. Sec. 3014. Improving Federal-State motor carrier safety enforcement coordination. Sec. 3015. Limousine research. Sec. 3016. National Consumer Complaint Database. Sec. 3017. Electronic logging device oversight. TITLE IV—Highway and motor vehicle safety Subtitle A—Highway traffic safety Sec. 4101. Authorization of appropriations. Sec. 4102. Highway safety programs. Sec. 4103. Highway safety research and development. Sec. 4104. High-visibility enforcement programs. Sec. 4105. National priority safety programs. Sec. 4106. Multiple substance-impaired driving prevention. Sec. 4107. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence. Sec. 4108. Crash data. Sec. 4109. Review of Move Over or Slow Down Law public awareness. Sec. 4110. Review of laws, safety measures, and technologies relating to school buses. Sec. 4111. Motorcyclist Advisory Council. Sec. 4112. Safe Streets and Roads for All grant program. Sec. 4113. Implementation of GAO recommendations. Subtitle B—Vehicle safety Sec. 4201. Authorization of appropriations. Sec. 4202. Recall completion. Sec. 4203. Recall engagement. Sec. 4204. Motor vehicle seat back safety standards. Sec. 4205. Automatic shutoff. Sec. 4206. Petitions by interested persons for standards and enforcement. Sec. 4207. Child safety seat accessibility study. Sec. 4208. Crash avoidance technology. Sec. 4209. Reduction of driver distraction. Sec. 4210. Rulemaking report. Sec. 4211. Global harmonization. Sec. 4212. Headlamps. Sec. 4213. New Car Assessment Program. Sec. 4214. Hood and bumper standards. Sec. 4215. Emergency medical services and 9–1–1. Sec. 4216. Early warning reporting. Sec. 4217. Improved vehicle safety databases. Sec. 4218. National Driver Register Advisory Committee repeal. Sec. 4219. Research on connected vehicle technology. Sec. 4220. Advanced impaired driving technology. TITLE V—Research and innovation Sec. 5001. Intelligent Transportation Systems Program Advisory Committee. Sec. 5002. Smart Community Resource Center. Sec. 5003. Federal support for local decisionmaking. Sec. 5004. Bureau of Transportation Statistics. Sec. 5005. Strengthening mobility and revolutionizing transportation grant program. Sec. 5006. Electric vehicle working group. Sec. 5007. Risk and system resilience. Sec. 5008. Coordination on emerging transportation technology. Sec. 5009. Interagency Infrastructure Permitting Improvement Center. Sec. 5010. Rural opportunities to use transportation for economic success initiative. Sec. 5011. Advanced transportation technologies deployment program. Sec. 5012. Safety data initiative. Sec. 5013. Advanced transportation research. Sec. 5014. Open research initiative. Sec. 5015. Transportation research and development 5-year strategic plan. Sec. 5016. Research planning modifications. Sec. 5017. Incorporation of Department of Transportation research. Sec. 5018. University transportation centers program. Sec. 5019. National travel and tourism infrastructure strategic plan. Sec. 5020. Local hiring preference for construction jobs. Sec. 5021. Transportation workforce development. Sec. 5022. Intermodal Transportation Advisory Board repeal. Sec. 5023. GAO cybersecurity recommendations. Sec. 5024. Volpe oversight. TITLE VI—Hazardous materials Sec. 6001. Authorization of appropriations. Sec. 6002. Assistance for local emergency response training grant program. Sec. 6003. Real-time emergency response information. 2. Definitions In this Act: (1) Department The term Department means the Department of Transportation. (2) Secretary The term Secretary means the Secretary of Transportation. I Multimodal and freight transportation A Multimodal freight policy 1101. Office of Multimodal Freight Infrastructure and Policy (a) In general Chapter 1 of title 49, United States Code, is amended by adding at the end the following: 118. Office of Multimodal Freight Infrastructure and Policy (a) Definitions In this section: (1) Department The term Department means the Department of Transportation. (2) Freight office The term Freight Office means the Office of Multimodal Freight Infrastructure and Policy established under subsection (b). (3) Secretary The term Secretary means the Secretary of Transportation. (b) Establishment The Secretary shall establish within the Department an Office of Multimodal Freight Infrastructure and Policy. (c) Purposes The purposes of the Freight Office shall be— (1) to carry out the national multimodal freight policy described in section 70101; (2) to administer and oversee certain multimodal freight grant programs within the Department in accordance with subsection (d); (3) to promote and facilitate the sharing of information between the private and public sectors with respect to freight issues; (4) to conduct research on improving multimodal freight mobility, and to oversee the freight research activities of the various agencies within the Department; (5) to assist cities and States in developing freight mobility and supply chain expertise; (6) to liaise and coordinate with other Federal departments and agencies; and (7) to carry out other duties, as prescribed by the Secretary. (d) Administration of policies and programs The Freight Office shall— (1) develop and manage— (A) the national freight strategic plan described in section 70102; and (B) the National Multimodal Freight Network established under section 70103; (2) (A) oversee the development and updating of the State freight plans described in section 70202; and (B) provide guidance or best practices relating to the development and updating of State freight plans under that section; (3) (A) administer multimodal freight grant programs, including multimodal freight grants established under section 117 of title 23; and (B) establish procedures for analyzing and evaluating applications for grants under those programs; (4) assist States in the establishment of— (A) State freight advisory committees under section 70201; and (B) multi-State freight mobility compacts under section 70204; and (5) provide to the Bureau of Transportation Statistics input regarding freight data and planning tools. (e) Assistant Secretary (1) In general The Freight Office shall be headed by an Assistant Secretary for Multimodal Freight, who shall— (A) be appointed by the President, by and with the advice and consent of the Senate; and (B) have professional standing and demonstrated knowledge in the field of freight transportation. (2) Duties The Assistant Secretary shall— (A) report to the Under Secretary of Transportation for Policy; (B) be responsible for the management and oversight of the activities, decisions, operations, and personnel of the Freight Office; (C) work with the modal administrations of the Department to encourage multimodal collaboration; and (D) carry out such additional duties as the Secretary may prescribe. (f) Consolidation and elimination of duplicative offices (1) Consolidation of offices and office functions The Secretary may consolidate into the Freight Office any office or office function within the Department that the Secretary determines has duties, responsibilities, resources, or expertise that support the purposes of the Freight Office. (2) Elimination of offices The Secretary may eliminate any office within the Department if the Secretary determines that— (A) the purposes of the office are duplicative of the purposes of the Freight Office; (B) the office or the functions of the office have been substantially consolidated with the Freight Office pursuant to paragraph (1); (C) the elimination of the office will not adversely affect the requirements of the Secretary under any Federal law; and (D) the elimination of the office will improve the efficiency and effectiveness of the programs and functions conducted by the office. (g) Staffing and budgetary resources (1) In general The Secretary shall ensure that the Freight Office is adequately staffed and funded. (2) Staffing (A) Transfer of positions to Freight Office Subject to subparagraph (B), the Secretary may transfer to the Freight Office any position within any other office of the Department if the Secretary determines that the position is necessary to carry out the purposes of the Freight Office. (B) Requirement If the Secretary transfers a position to the Freight Office pursuant to subparagraph (A), the Secretary, in coordination with the appropriate modal administration of the Department, shall ensure that the transfer of the position does not adversely affect the requirements of the modal administration under any Federal law. (3) Budgetary resources (A) Transfer of funds from consolidated or eliminated offices (i) In general To carry out the purposes of the Freight Office, the Secretary may transfer to the Freight Office from any office or office function that is consolidated or eliminated under subsection (f) any funds allocated for the consolidated or eliminated office or office function. (ii) Retransfer Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account. (B) Transfer of funds allocated for administrative costs (i) In general The Secretary may transfer to the Freight Office any funds allocated for the administrative costs of the programs referred to in subsection (d)(3). (ii) Retransfer Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account. (h) Website (1) Description of Freight Office The Secretary shall make publicly available on the website of the Department a description of the Freight Office, including a description of— (A) the programs managed or made available by the Freight Office; and (B) the eligibility requirements for those programs. (2) Clearinghouse The Secretary may establish a clearinghouse for tools, templates, guidance, and best practices on a page of the website of the Department that supports the purposes of this section. (i) Notification to Congress Not later than 1 year after the date of enactment of this section, and not less frequently than once every 180 days thereafter until the date on which the Secretary determines that the requirements of this section have been met, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification that— (1) describes— (A) the programs and activities administered or overseen by the Freight Office; and (B) the status of those programs and activities; (2) identifies— (A) the number of employees working in the Freight Office as of the date of the notification; and (B) the total number of employees expected to join the Freight Office to support the programs and activities described in paragraph (1); (3) (A) indicates whether the Secretary has consolidated into the Freight Office any office or office function pursuant to subsection (f)(1); and (B) if the Secretary has so consolidated such an office or function, describes the rationale for the consolidation; (4) (A) indicates whether the Secretary has eliminated any office pursuant to subsection (f)(2); and (B) if the Secretary has so eliminated such an office, describes the rationale for the elimination; (5) describes any other actions carried out by the Secretary to implement this section; and (6) describes any recommendations of the Secretary for legislation that may be needed to further implement this section. (j) Savings provisions (1) Effect on other law Except as otherwise provided in this section, nothing in this section alters or affects any law (including regulations) with respect to a program referred to in subsection (d). (2) Effect on responsibilities of other agencies Except as otherwise provided in this section, nothing in this section abrogates the responsibilities of any agency, operating administration, or office within the Department that is otherwise charged by law (including regulations) with any aspect of program administration, oversight, or project approval or implementation with respect to a program or project subject to the responsibilities of the Freight Office under this section. (3) Effect on pending applications Nothing in this section affects any pending application under a program referred to in subsection (d) that was received by the Secretary on or before the date of enactment of this section. (k) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. . (b) Clerical amendment The analysis for chapter 1 of title 49, United States Code, is amended by inserting after the item relating to section 117 the following: 118. Office of Multimodal Freight Infrastructure and Policy. . (c) Conforming amendments (1) Section 70101(c) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking Under Secretary of Transportation for Policy and inserting Assistant Secretary for Multimodal Freight . (2) Section 70102 of title 49, United States Code, is amended— (A) in subsection (a), in the matter preceding paragraph (1), by striking Not later and all that follows through the Under Secretary of Transportation for Policy and inserting The Assistant Secretary for Multimodal Freight (referred to in this section as the Assistant Secretary ) ; (B) in subsection (b)(4), in the matter preceding subparagraph (A), by striking Under Secretary and inserting Assistant Secretary ; (C) in subsection (c), by striking Under Secretary and inserting Assistant Secretary ; and (D) in subsection (d), in the matter preceding paragraph (1), by striking Under Secretary and inserting Assistant Secretary . (3) Section 70103 of title 49, United States Code, is amended— (A) in subsection (a), in the matter preceding paragraph (1), by striking Under Secretary of Transportation for Policy and inserting Assistant Secretary for Multimodal Freight (referred to in this section as the Assistant Secretary ) ; (B) by striking subsection (b); (C) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (D) in subsection (b) (as so redesignated)— (i) in the subsection heading, by striking Final Network and inserting Designation of National Multimodal Freight Network ; (ii) in paragraph (1), in the matter preceding subparagraph (A), by striking Not later and all that follows through Under Secretary and inserting Assistant Secretary ; (iii) in paragraph (2), in the matter preceding subparagraph (A), by striking Under Secretary and inserting Assistant Secretary ; and (iv) in paragraph (3), in the matter preceding subparagraph (A), by striking Under Secretary and inserting Assistant Secretary ; and (E) in subsection (c) (as so redesignated)— (i) by striking subsection (c) each place it appears and inserting subsection (b) ; and (ii) by striking Under Secretary and inserting Assistant Secretary . 1102. Updates to National Freight Plan Section 70102(b) of title 49, United States Code, is amended— (1) in paragraph (10), by striking and at the end; (2) in paragraph (11), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (12) best practices for reducing environmental impacts of freight movement (including stormwater runoff) and improving resiliency of the national multimodal freight system; (13) consideration of any potential unique impacts of the national freight system on rural and other underserved and historically disadvantaged communities; (14) strategies for decarbonizing freight movement, as appropriate; and (15) consideration of the impacts of e-commerce on the national multimodal freight system. . 1103. State collaboration with National Multimodal Freight Network Subsection (b) of section 70103 of title 49, United States Code (as redesignated by section 1101(c)(3)(C)), is amended— (1) in paragraph (3), by striking subparagraph (C) and inserting the following: (C) provide to the States an opportunity to submit proposed designations from the States in accordance with paragraph (4). ; and (2) in paragraph (4)— (A) in subparagraph (C)(i), by striking 20 percent and inserting 30 percent ; and (B) by adding at the end the following: (E) Condition for acceptance The Secretary shall accept from a State a designation under subparagraph (D) only if the Secretary determines that the designation meets the applicable requirements of subparagraph (A). . 1104. Improving State freight plans (a) In general Section 70202 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (9), by striking and at the end; (B) by redesignating paragraph (10) as paragraph (16); and (C) by inserting after paragraph (9) the following: (10) the most recent commercial motor vehicle parking facilities assessment conducted by the State under subsection (f); (11) the most recent supply chain cargo flows in the State, expressed by mode of transportation; (12) an inventory of commercial ports in the State; (13) if applicable, consideration of the findings or recommendations made by any multi-State freight compact to which the State is a party under section 70204; (14) the impacts of e-commerce on freight infrastructure in the State; (15) considerations of military freight; and ; and (2) by adding at the end the following: (f) Commercial motor vehicle parking facilities assessments As part of the development or updating, as applicable, of a State freight plan under this section, each State that receives funding under section 167 of title 23, in consultation with relevant State motor carrier safety personnel, shall conduct an assessment of— (1) the capability of the State, together with the private sector in the State, to provide adequate parking facilities and rest facilities for commercial motor vehicles engaged in interstate transportation; (2) the volume of commercial motor vehicle traffic in the State; and (3) whether there exist any areas within the State with a shortage of adequate commercial motor vehicle parking facilities, including an analysis (economic or otherwise, as the State determines to be appropriate) of the underlying causes of such a shortage. . (b) Alignment of transportation planning Section 70202 of title 49, United States Code, is amended— (1) in subsection (d), by striking 5-year and inserting 8-year ; and (2) in subsection (e)(1), by striking 5 years and inserting 4 years . 1105. Implementation of National Multimodal Freight Network Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) describes the status of the designation of the final National Multimodal Freight Network required under section 70103 of title 49, United States Code; (2) explains the reasons why the designation of the network referred to in paragraph (1) has not been finalized, if applicable; and (3) estimates the date by which that network will be designated. 1106. Multi-State freight corridor planning (a) In general Chapter 702 of title 49, United States Code, is amended— (1) by redesignating section 70204 as section 70206; and (2) by inserting after section 70203 the following: 70204. Multi-State freight corridor planning (a) Consent to multi-State freight mobility compacts Congress grants consent to States, cities, regional planning organizations, federally recognized Indian Tribes, and local public authorities (including public port authorities) that are regionally linked with an interest in a specific nationally or regionally significant multi-State freight corridor to enter into multi-State compacts to promote the improved mobility of goods, including— (1) identifying projects along the corridor that benefit multiple States; (2) assembling rights-of-way; and (3) performing capital improvements. (b) Financing A multi-State freight compact established by entities under subsection (a) may provide that, in order to carry out the compact, the relevant States or other entities may— (1) accept contributions from a unit of State or local government; (2) use any Federal or State funds made available for freight mobility infrastructure planning or construction, including applying for grants; (3) subject to such terms and conditions as the States consider to be advisable— (A) borrow money on a short-term basis; and (B) issue— (i) notes for borrowing under subparagraph (A); and (ii) bonds; and (4) obtain financing by other means permitted under applicable Federal or State law. (c) Advisory committees (1) In general A multi-State freight compact under this section may establish a multi-State freight corridor advisory committee, which shall include representatives of State departments of transportation and other public and private sector entities with an interest in freight mobility, such as— (A) ports; (B) freight railroads; (C) shippers; (D) carriers; (E) freight-related associations; (F) third-party logistics providers; (G) the freight industry workforce; (H) environmental organizations; (I) community organizations; and (J) units of local government. (2) Activities An advisory committee established under paragraph (1) may— (A) advise the parties to the applicable multi-State freight compact with respect to freight-related priorities, issues, projects, and funding needs that impact multi-State— (i) freight mobility; and (ii) supply chains; (B) serve as a forum for States, Indian Tribes, and other public entities to discuss decisions affecting freight mobility; (C) communicate and coordinate multi-State freight priorities with other organizations; (D) promote the sharing of information between the private and public sectors with respect to freight issues; and (E) provide information for consideration in the development of State freight plans under section 70202. (d) Grants (1) Establishment The Secretary of Transportation (referred to in this section as the Secretary ) shall establish a program under which the Secretary shall provide grants to multi-State freight compacts that seek to improve a route or corridor that is a part of the National Multimodal Freight Network established under section 70103. (2) New compacts (A) In general To incentivize the establishment of multi-State freight compacts, the Secretary may award a grant to multi-State freight compacts established under subsection (a) during the 2-year period beginning on the date of establishment for operations costs in an amount of not more than $2,000,000. (B) Eligibility A multi-State freight compact shall be eligible for a grant under this paragraph only during the initial 3 years of operation of the compact. (C) Requirements To be eligible to receive a grant under this paragraph, a multi-State freight compact shall— (i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (ii) provide a non-Federal match equal to not less than 25 percent of the operating costs of the multi-State freight compact; and (iii) commit to establishing a multi-State freight corridor advisory committee under subsection (c)(1) during the initial 2-year period of operation of the compact. (3) Existing compacts (A) In general The Secretary may award a grant to multi-State freight compacts that are not eligible to receive a grant under paragraph (2) for operations costs in an amount of not more than $1,000,000. (B) Requirements To be eligible to receive a grant under this paragraph, a multi-State freight compact shall— (i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (ii) provide a non-Federal match of not less than 50 percent of the operating costs of the compact; and (iii) demonstrate that the compact has established a multi-State freight corridor advisory committee under subsection (c)(1). (4) Authorization of appropriations There is authorized to be appropriated to the Secretary $5,000,000 for each fiscal year to carry out this subsection. . (b) Clerical amendment The analysis for chapter 702 of title 49, United States Code, is amended by striking the item relating to section 70204 and inserting the following: 70204. Multi-State freight corridor planning. 70206. Savings provision. . B Multimodal investment 1201. National infrastructure project assistance Subtitle III of title 49, United States Code, is amended by adding at the end the following: 67 National infrastructure investments 6701. National infrastructure project assistance. 6702. Local and regional project assistance. 6701. National infrastructure project assistance (a) Definitions In this section: (1) Department The term Department means the Department of Transportation. (2) Eligible entity The term eligible entity means— (A) a State or a group of States; (B) a metropolitan planning organization; (C) a unit of local government; (D) a political subdivision of a State; (E) a special purpose district or public authority with a transportation function, including a port authority; (F) a Tribal government or a consortium of Tribal governments; (G) a partnership between Amtrak and 1 or more entities described in subparagraphs (A) through (F); and (H) a group of entities described in any of subparagraphs (A) through (G). (3) Program The term program means the program established by subsection (b). (4) Secretary The term Secretary means the Secretary of Transportation. (5) State The term State means— (A) any of the several States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) the Commonwealth of the Northern Mariana Islands; (E) the United States Virgin Islands; (F) Guam; (G) American Samoa; and (H) any other territory or possession of the United States. (b) Establishment There is established a program under which the Secretary shall provide to eligible entities grants, on a competitive basis pursuant to single-year or multiyear grant agreements, for projects described in subsection (d). (c) Applications (1) In general To be eligible for 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 determines to be appropriate. (2) Plan for data collection An application under paragraph (1) shall include a plan for data collection and analysis described in subsection (g). (d) Eligible projects The Secretary may provide a grant under the program only for a project— (1) that is— (A) a highway or bridge project carried out on— (i) the National Multimodal Freight Network established under section 70103; (ii) the National Highway Freight Network established under section 167 of title 23; or (iii) the National Highway System (as defined in section 101(a) of title 23); (B) a freight intermodal (including public ports) or freight rail project that provides a public benefit; (C) a railway-highway grade separation or elimination project; (D) an intercity passenger rail project; (E) a public transportation project that is— (i) eligible for assistance under chapter 53; and (ii) part of a project described in any of subparagraphs (A) through (D); or (F) a grouping, combination, or program of interrelated, connected, or dependent projects of any of the projects described in subparagraphs (A) through (E); and (2) the eligible project costs of which are— (A) reasonably anticipated to equal or exceed $500,000,000; or (B) for any project funded by the set-aside under subsection (m)(2)— (i) more than $100,000,000; but (ii) less than $500,000,000. (e) Geographical distribution In providing grants under this section, the Secretary shall ensure among grant recipients— (1) geographical diversity; and (2) a balance between rural and urban communities. (f) Project evaluation and selection (1) Requirements The Secretary may select a project described in subsection (d) to receive a grant under the program only if the Secretary determines that— (A) the project is likely to generate national or regional economic, mobility, or safety benefits; (B) the project is in need of significant Federal funding; (C) the project will be cost-effective; (D) with respect to related non-Federal financial commitments, 1 or more stable and dependable sources of funding and financing are available— (i) to construct, operate, and maintain the project; and (ii) to cover cost increases; and (E) the applicant has, or will have, sufficient legal, financial, and technical capacity to carry out the project. (2) Evaluation criteria In awarding a grant under the program, the Secretary shall evaluate— (A) the extent to which a project supports achieving a state of good repair for each existing asset to be improved by the project; (B) the level of benefits a project is expected to generate, including— (i) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project; (ii) reductions in maintenance costs over the life of the applicable asset; (iii) safety benefits, including the reduction of serious injuries and fatalities and related costs; (iv) improved person or freight throughput, including improved mobility and reliability; and (v) environmental benefits and health impacts, such as— (I) reductions in greenhouse gas emissions; (II) air quality benefits; (III) preventing stormwater runoff that would be a detriment to aquatic species; and (IV) improved infrastructure resilience; (C) the benefits of the project, as compared to the costs of the project; (D) the number of persons or volume of freight, as applicable, supported by the project; and (E) national and regional economic benefits of the project, including with respect to short- and long-term job access, growth, or creation. (3) Additional considerations In selecting projects to receive grants under the program, the Secretary shall take into consideration— (A) contributions to geographical diversity among grant recipients, including the need for a balance between the needs of rural and urban communities; (B) whether multiple States would benefit from a project; (C) whether, and the degree to which, a project uses— (i) construction materials or approaches that have— (I) demonstrated reductions in greenhouse gas emissions; or (II) reduced the need for maintenance of other projects; or (ii) technologies that will allow for future connectivity and automation; (D) whether a project would benefit— (i) a historically disadvantaged community or population; or (ii) an area of persistent poverty; (E) whether a project benefits users of multiple modes of transportation, including— (i) pedestrians; (ii) bicyclists; and (iii) users of nonvehicular, railroad, and public transportation; and (F) whether a project improves connectivity between modes of transportation moving persons or goods nationally or regionally. (4) Ratings (A) In general In evaluating applications for a grant under the program, the Secretary shall assign the project proposed in the application a rating described in subparagraph (B), based on the information contained in the applicable notice published under paragraph (5). (B) Ratings (i) Highly recommended The Secretary shall assign a rating of highly recommended to projects that, in the determination of the Secretary— (I) are exemplary projects of national or regional significance; and (II) would provide significant public benefit, as determined based on the applicable criteria described in this subsection, if funded under the program. (ii) Recommended The Secretary shall assign a rating of recommended to projects that, in the determination of the Secretary— (I) are of national or regional significance; and (II) would provide public benefit, as determined based on the applicable criteria described in this subsection, if funded under the program. (iii) Not recommended The Secretary shall assign a rating of not recommended to projects that, in the determination of the Secretary, should not receive a grant under the program, based on the applicable criteria described in this subsection. (C) Technical assistance (i) In general On request of an eligible entity that submitted an application under subsection (c) for a project that is not selected to receive a grant under the program, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project. (ii) Treatment Technical assistance provided under this subparagraph shall not be considered to provide a guarantee of future selection of the applicable project under the program. (5) Publication of project evaluation and selection criteria Not later than 90 days after the date of enactment of this chapter, the Secretary shall publish and make publicly available on the website of the Department a notice that contains a detailed explanation of— (A) the method by which the Secretary will determine whether a project satisfies the applicable requirements described in paragraph (1); (B) any additional ratings the Secretary may assign to determine the means by which a project addresses the selection criteria and additional considerations described in paragraphs (2) and (3); and (C) the means by which the project requirements and ratings referred to in subparagraphs (A) and (B) will be used to assign an overall rating for the project under paragraph (4). (6) Project selection priority In awarding grants under the program, the Secretary shall give priority to projects to which the Secretary has assigned a rating of highly recommended under paragraph (4)(B)(i). (g) Data collection and analysis (1) Plan (A) In general An eligible entity seeking a grant under the program shall submit to the Secretary, together with the grant application, a plan for the collection and analysis of data to identify in accordance with the framework established under paragraph (2)— (i) the impacts of the project; and (ii) the accuracy of any forecast prepared during the development phase of the project and included in the grant application. (B) Contents A plan under subparagraph (A) shall include— (i) an approach to measuring— (I) the criteria described in subsection (f)(2); and (II) if applicable, the additional requirements described in subsection (f)(3); (ii) an approach for analyzing the consistency of predicted project characteristics with actual outcomes; and (iii) any other elements that the Secretary determines to be necessary. (2) Framework The Secretary may publish a standardized framework for the contents of the plans under paragraph (1), which may include, as appropriate— (A) standardized forecasting and measurement approaches; (B) data storage system requirements; and (C) any other requirements the Secretary determines to be necessary to carry out this section. (3) Multiyear grant agreements The Secretary shall require an eligible entity, as a condition of receiving funding pursuant to a multiyear grant agreement under the program, to collect additional data to measure the impacts of the project and to accurately track improvements made by the project, in accordance with a plan described in paragraph (1). (4) Reports (A) Project baseline Before the date of completion of a project for which a grant is provided under the program, the eligible entity carrying out the project shall submit to the Secretary a report providing baseline data for the purpose of analyzing the long-term impact of the project in accordance with the framework established under paragraph (2). (B) Updated report Not later than 6 years after the date of completion of a project for which a grant is provided under the program, the eligible entity carrying out the project shall submit to the Secretary a report that compares the baseline data included in the report under subparagraph (A) to project data collected during the period— (i) beginning on the date that is 5 years after the date of completion of the project; and (ii) ending on the date on which the updated report is submitted. (h) Eligible project costs (1) In general An eligible entity may use a grant provided under the program for— (A) development-phase activities and costs, including planning, feasibility analysis, revenue forecasting, alternatives analysis, data collection and analysis, environmental review and activities to support environmental review, preliminary engineering and design work, and other preconstruction activities, including the preparation of a data collection and post-construction analysis plan under subsection (g); and (B) construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to that land), environmental mitigation (including projects to replace or rehabilitate culverts or reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, protection, and operational improvements directly relating to the project. (2) Interest and other financing costs The interest and other financing costs of carrying out any part of a project under a multiyear grant agreement within a reasonable period of time shall be considered to be an eligible project cost only if the applicable eligible entity certifies to the Secretary that the eligible entity has demonstrated reasonable diligence in seeking the most favorable financing terms. (i) Cost sharing (1) In general The total amount awarded for a project under the program may not exceed 60 percent of the total eligible project costs described in subsection (h). (2) Maximum Federal involvement (A) In general Subject to subparagraph (B), Federal assistance other than a grant awarded under the program may be provided for a project for which a grant is awarded under the program. (B) Limitation The total amount of Federal assistance provided for a project for which a grant is awarded under the program shall not exceed 80 percent of the total cost of the project. (C) Local share Secured loans or financing provided under section 603 of title 23 or section 22402 of this title and repaid with local funds or revenues shall be considered to be part of the local share of the cost of a project. (3) Application to multiyear agreements Notwithstanding any other provision of this title, in any case in which amounts are provided under the program pursuant to a multiyear agreement, the disbursed Federal share of the cost of the project may exceed the limitations described in paragraphs (1) and (2)(B) for 1 or more years if the total amount of the Federal share of the cost of the project, once completed, does not exceed those limitations. (j) Grant agreements (1) In general A project for which an eligible entity receives a multiyear grant under the program shall be carried out in accordance with this subsection. (2) Terms A multiyear grant agreement under this subsection shall— (A) establish the terms of Federal participation in the applicable project; (B) establish the maximum amount of Federal financial assistance for the project; (C) establish a schedule of anticipated Federal obligations for the project that provides for obligation of the full grant amount; (D) describe the period of time for completing the project, regardless of whether that period extends beyond the period of an authorization; and (E) facilitate timely and efficient management of the applicable project by the eligible entity carrying out the project, in accordance with applicable law. (3) Special rules (A) In general A multiyear grant agreement under this subsection— (i) shall provide for the obligation of an amount of available budget authority specified in law; (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; and (iii) shall provide that any funds disbursed under the program for the project before the completion of any review required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) may only cover costs associated with development-phase activities described in subsection (h)(1)(A). (B) Contingent commitment A contingent commitment under this paragraph is not an obligation of the Federal Government, including for purposes of section 1501 of title 31. (4) Single-year grants The Secretary may only provide to an eligible entity a full grant under the program in a single year if all reviews required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to the applicable project have been completed before the receipt of any program funds. (k) Congressional notification (1) In general Not later than 30 days before the date on which the Secretary publishes the selection of projects to receive grants under the program, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice that includes— (A) a list of all project applications reviewed by the Secretary as part of the selection process; (B) the rating assigned to each project under subsection (f)(4); (C) an evaluation and justification with respect to each project for which the Secretary will— (i) provide a grant under the program; and (ii) enter into a multiyear grant agreement under the program; (D) a description of the means by which the Secretary anticipates allocating among selected projects the amounts made available to the Secretary to carry out the program; and (E) anticipated funding levels required for the 3 fiscal years beginning after the date of submission of the notice for projects selected for grants under the program, based on information available to the Secretary as of that date. (2) Congressional disapproval The Secretary may not provide a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 30-day period described in paragraph (1). (l) Reports (1) Transparency Not later than 60 days after the date on which the grants are announced under the program, the Secretary shall publish on the website of the Department a report that includes— (A) a list of all project applications reviewed by the Secretary as part of the selection process under the program; (B) the rating assigned to each project under subsection (f)(4); and (C) a description of each project for which a grant has been provided under the program. (2) Comptroller General (A) Assessment The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program. (B) Report Not later than 18 months after the date on which the initial grants are awarded for projects under the program, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, as applicable— (i) the adequacy and fairness of the process by which the projects were selected; and (ii) the justification and criteria used for the selection of the projects. (m) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out the program $2,000,000,000 for each of fiscal years 2022 through 2026. (2) Other projects Of the amounts made available under paragraph (1), 50 percent shall be set aside for projects that have a project cost of— (A) more than $100,000,000; but (B) less than $500,000,000. (3) Administrative expenses Of the amounts made available to carry out the program for each fiscal year, the Secretary may reserve not more than 2 percent for the costs of— (A) administering and overseeing the program; and (B) hiring personnel for the program, including personnel dedicated to processing permitting and environmental review issues. (4) Transfer of authority The Secretary may transfer any portion of the amounts reserved under paragraph (3) for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants in accordance with this section. (n) Additional requirements Each project that receives a grant under the program shall achieve compliance with the applicable requirements of— (1) title 23 relating to highway, road, and bridge projects; (2) subchapter IV of chapter 31 of title 40; (3) title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.); (4) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); (5) chapter 53 relating to transit projects; and (6) section 22905, as applicable, relating to rail projects. . 1202. Local and regional project assistance (a) In general Chapter 67 of subtitle III of title 49, United States Code (as added by section 1201), is amended by adding at the end the following: 6702. Local and regional project assistance (a) Definitions In this section: (1) Area of persistent poverty The term area of persistent poverty means— (A) any county (or equivalent jurisdiction) in which, during the 30-year period ending on the date of enactment of this chapter, 20 percent or more of the population continually lived in poverty, as measured by— (i) the 1990 decennial census; (ii) the 2000 decennial census; and (iii) the most recent annual small area income and poverty estimate of the Bureau of the Census; (B) any census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018; and (C) any territory or possession of the United States. (2) Eligible entity The term eligible entity means— (A) a State; (B) the District of Columbia; (C) any territory or possession of the United States; (D) a unit of local government; (E) a public agency or publicly chartered authority established by 1 or more States; (F) a special purpose district or public authority with a transportation function, including a port authority; (G) a federally recognized Indian Tribe or a consortium of such Indian Tribes; (H) a transit agency; and (I) a multi-State or multijurisdictional group of entities described in any of subparagraphs (A) through (H). (3) Eligible project The term eligible project means— (A) a highway or bridge project eligible for assistance under title 23; (B) a public transportation project eligible for assistance under chapter 53; (C) a passenger rail or freight rail transportation project eligible for assistance under this title; (D) a port infrastructure investment, including— (i) inland port infrastructure; and (ii) a land port-of-entry; (E) the surface transportation components of an airport project eligible for assistance under part B of subtitle VII; (F) a project for investment in a surface transportation facility located on Tribal land, the title or maintenance responsibility of which is vested in the Federal Government; (G) a project to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species that will advance the goal of the program described in subsection (b)(2); and (H) any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goal of the program. (4) Program The term program means the Local and Regional Project Assistance Program established under subsection (b)(1). (5) Rural area The term rural area means an area that is located outside of an urbanized area. (6) Secretary The term Secretary means the Secretary of Transportation. (7) Urbanized area The term urbanized area means an area with a population of more than 200,000 residents, based on the most recent decennial census. (b) Establishment (1) In general The Secretary shall establish and carry out a program, to be known as the Local and Regional Project Assistance Program , to provide for capital investments in surface transportation infrastructure. (2) Goal The goal of the program shall be to fund eligible projects that will have a significant local or regional impact and improve transportation infrastructure. (c) Grants (1) In general In carrying out the program, the Secretary may make grants to eligible entities, on a competitive basis, in accordance with this section. (2) Amount Except as otherwise provided in this section, each grant made under the program shall be in an amount equal to— (A) not less than $5,000,000 for an urbanized area; (B) not less than $1,000,000 for a rural area; and (C) not more than $25,000,000. (3) Limitation Not more than 15 percent of the funds made available to carry out the program for a fiscal year may be awarded to eligible projects in a single State during that fiscal year. (d) Selection of eligible projects (1) Notice of funding opportunity Not later than 60 days after the date on which funds are made available to carry out the program, the Secretary shall publish a notice of funding opportunity for the funds. (2) Applications To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application— (A) in such form and containing such information as the Secretary considers to be appropriate; and (B) by such date as the Secretary may establish, subject to the condition that the date shall be not later than 90 days after the date on which the Secretary issues the solicitation under paragraph (1). (3) Primary selection criteria In awarding grants under the program, the Secretary shall evaluate the extent to which a project— (A) improves safety; (B) improves environmental sustainability; (C) improves the quality of life of rural areas or urbanized areas; (D) increases economic competitiveness and opportunity; (E) contributes to a state of good repair; and (F) improves mobility and community connectivity. (4) Additional selection criteria In selecting projects to receive grants under the program, the Secretary shall take into consideration the extent to which— (A) the project sponsors collaborated with other public and private entities; (B) the project adopts innovative technologies or techniques, including— (i) innovative technology; (ii) innovative project delivery techniques; and (iii) innovative project financing; (C) the project has demonstrated readiness; and (D) the project is cost effective. (5) Transparency (A) In general The Secretary, shall evaluate, through a methodology that is discernible and transparent to the public, the means by which each application submitted under paragraph (2) addresses the criteria under paragraphs (3) and (4) or otherwise established by the Secretary. (B) Publication The methodology under subparagraph (A) shall be published by the Secretary as part of the notice of funding opportunity under the program. (6) Awards Not later than 270 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall announce the selection by the Secretary of eligible projects to receive the grants in accordance with this section. (7) Technical assistance (A) In general On request of an eligible entity that submitted an application under paragraph (2) for a project that is not selected to receive a grant under the program, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project. (B) Treatment Technical assistance provided under this paragraph shall not be considered to provide a guarantee of future selection of the applicable project under the program. (e) Federal share (1) In general Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 80 percent. (2) Exception The Federal share of the cost of an eligible project carried out in a rural area or an area of persistent poverty using a grant under this subsection may exceed 80 percent, at the discretion of the Secretary. (3) Treatment of other Federal funds Amounts provided under any of the following programs shall be considered to be a part of the non-Federal share for purposes of this subsection: (A) The tribal transportation program under section 202 of title 23. (B) The Federal lands transportation program under section 203 of title 23. (C) The TIFIA program (as defined in section 601(a) of title 23). (D) The Railroad Rehabilitation and Improvement Financing Program under chapter 224. (4) Limitation The Secretary shall not take into consideration the Federal share in selecting eligible projects to receive grants under the program. (f) Other considerations (1) In general Of the total amount made available to carry out the program for each fiscal year— (A) not more than 50 percent shall be allocated for eligible projects located in rural areas; and (B) not more than 50 percent shall be allocated for eligible projects located in urbanized areas. (2) Historically disadvantaged communities and areas of persistent poverty Of the total amount made available to carry out the program for each fiscal year, not less than 1 percent shall be awarded for projects in historically disadvantaged communities or areas of persistent poverty. (3) Multimodal and geographical considerations In selecting projects to receive grants under the program, the Secretary shall take into consideration geographical and modal diversity. (g) Project planning Of the amounts made available to carry out the program for each fiscal year, not less than 5 percent shall be made available for the planning, preparation, or design of eligible projects. (h) Transfer of authority Of the amounts made available to carry out the program for each fiscal year, the Secretary may transfer not more than 2 percent for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants and credit assistance in accordance with this section. (i) Credit program costs (1) In general Subject to paragraph (2), at the request of an eligible entity, the Secretary may use a grant provided to the eligible entity under the program to pay the subsidy or credit risk premium, and the administrative costs, of an eligible project that is eligible for Federal credit assistance under— (A) chapter 224; or (B) chapter 6 of title 23. (2) Limitation Not more than 20 percent of the funds made available to carry out the program for a fiscal year may be used to carry out paragraph (1). (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,500,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. (k) Reports (1) Annual report The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that describes each eligible project for which a grant was provided under the program during that fiscal year. (2) Comptroller General Not later than 1 year after the date on which the initial grants are awarded for eligible projects under the program, the Comptroller General of the United States shall— (A) review the administration of the program, including— (i) the solicitation process; and (ii) the selection process, including— (I) the adequacy and fairness of the process; and (II) the selection criteria; and (B) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the findings of the review under subparagraph (A), including recommendations for improving the administration of the program, if any. . (b) Clerical amendment The analysis for subtitle III of title 49, United States Code, is amended by adding at the end the following: CHAPTER 67—National infrastructure investments Sec. 6701. National infrastructure project assistance. Sec. 6702. Local and regional project assistance. . 1203. National culvert removal, replacement, and restoration grant program (a) In general Chapter 67 of title 49, United States Code (as amended by section 1202(a)), is amended by adding at the end the following: 6703. National culvert removal, replacement, and restoration grant program (a) Definitions In this section: (1) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) Program The term program means the annual competitive grant program established under subsection (b). (3) Secretary The term Secretary means the Secretary of Transportation. (4) Undersecretary The term Undersecretary means the Undersecretary of Commerce for Oceans and Atmosphere. (b) Establishment The Secretary, in consultation with the Undersecretary, shall establish an annual competitive grant program to award grants to eligible entities for— (1) projects for the replacement, removal, and repair of culverts that would meaningfully improve or restore fish passage for anadromous fish; or (2) projects with the goal of addressing freshwater runoff that impacts marine or anadromous fish and shellfish species. (c) Eligible entities An entity eligible to receive a grant under the program is— (1) a State; (2) a unit of local government; or (3) an Indian Tribe. (d) Grant selection process The Secretary, in consultation with the Undersecretary, shall establish a process for determining criteria for awarding grants under the program, subject to subsection (e). (e) Prioritization The Secretary, in consultation with the Undersecretary, shall establish procedures to prioritize awarding grants under the program to— (1) projects that would improve fish passage for— (A) anadromous fish stocks listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ); (B) anadromous fish stocks identified by the Undersecretary that could reasonably become listed as an endangered species or a threatened species under that section; (C) anadromous fish stocks identified by the Undersecretary as prey for endangered species, threatened species, or protected species, including Southern resident orcas (Orcinus orcas); or (D) anadromous fish stocks identified by the Undersecretary as climate resilient stocks; and (2) with respect to culvert removal, projects that would open up more than 200 meters of upstream habitat before the end of the natural habitat. (f) Federal share The Federal share of the cost of a project carried out with a grant to a State or a unit of local government under the program shall be not more than 80 percent. (g) Technical assistance The Secretary, in consultation with the Undersecretary, shall develop a process to provide technical assistance to Indian Tribes and underserved communities to assist in the project design and grant process and procedures. (h) Administrative expenses Of the amounts made available for each fiscal year to carry out the program, the Secretary and the Undersecretary may use not more than 2 percent to pay the administrative expenses necessary to carry out this section. (i) Authorization of appropriations There is authorized to be appropriated to carry out the program $800,000,000 for each of fiscal years 2022 through 2026. . (b) Clerical amendment The analysis for chapter 67 of title 49, United States Code (as added by section 1202(b)), is amended by adding at the end the following: 6703. National culvert removal, replacement, and restoration grant program. . 1204. Nationally significant multimodal freight projects (a) In general Section 117 of title 23, United States Code, is amended— (1) in the section heading, by inserting multimodal before freight ; (2) in subsection (a)(2)— (A) in subparagraph (C), by striking highway and inserting freight ; and (B) in subparagraph (E), by striking highway and inserting freight ; (3) in subsection (d)— (A) in paragraph (1)(A)— (i) in clause (iii)(II), by striking or after the semicolon at the end; (ii) in clause (iv), by striking and at the end and inserting or ; and (iii) by adding at the end the following: (v) a highway, bridge, or freight project carried out on the National Multimodal Freight Network established under section 70103 of title 49; and ; and (B) in paragraph (2), by striking $600,000,000 and inserting 50 percent ; (4) in subsection (e)(1)— (A) by striking 10 percent and inserting not less than 15 percent ; (B) by striking subsection (d)(1)(A) and inserting subsection (d)(1) ; and (C) by striking subsection (d)(1)(B) and inserting subsection (d)(2) ; (5) in subsection (f)(2), by inserting (including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species) after environmental mitigation ; (6) in subsection (m), by striking paragraph (1) and inserting the following: (1) In general Not later than 60 days before the date on which a grant is provided for a project under this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the proposed grant, including— (A) an evaluation and justification for the applicable project; and (B) a description of the amount of the proposed grant award. ; and (7) by adding at the end the following: (o) Additional authorization of appropriations In addition to amounts made available from the Highway Trust Fund, there are authorized to be appropriated to carry out this section, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated— (1) $1,100,000,000 for fiscal year 2022; (2) $1,200,000,000 for fiscal year 2023; (3) $1,300,000,000 for fiscal year 2024; (4) $1,400,000,000 for fiscal year 2025; and (5) $1,500,000,000 for fiscal year 2026. . (b) Conforming amendment Section 116(d)(1)(D) of title 49, United States Code, is amended by striking freight and highway projects program and inserting multimodal freight and highway projects program . 1205. National multimodal cooperative freight research program (a) In general Chapter 702 of title 49, United States Code (as amended by section 1106(a)), is amended by inserting after section 70204 the following: 70205. National multimodal cooperative freight research program (a) Establishment Not later than 1 year after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the Secretary ) shall establish and support a national cooperative freight transportation research program. (b) Administration by National Academy of Sciences (1) In general The Secretary shall enter into an agreement with the National Academy of Sciences to support and carry out administrative and management activities under the program established under subsection (a). (2) Advisory committee To assist the National Academy of Sciences in carrying out this subsection, the National Academy shall establish an advisory committee, the members of which represent a cross-section of multimodal freight stakeholders, including— (A) the Department of Transportation and other relevant Federal departments and agencies; (B) State (including the District of Columbia) departments of transportation; (C) units of local government, including public port authorities; (D) nonprofit entities; (E) institutions of higher education; (F) labor organizations representing employees in freight industries; and (G) private sector entities representing various transportation modes. (c) Activities (1) National research agenda (A) In general The advisory committee established under subsection (b)(2), in consultation with interested parties, shall recommend a national research agenda for the program in accordance with subsection (d), which shall include a multiyear strategic plan. (B) Action by interested parties For purposes of subparagraph (A), an interested party may— (i) submit to the advisory committee research proposals; (ii) participate in merit reviews of research proposals and peer reviews of research products; and (iii) receive research results. (2) Research contracts and grants (A) In general The National Academy of Sciences may award research contracts and grants under the program established under subsection (a) through— (i) open competition; and (ii) merit review, conducted on a regular basis. (B) Evaluation (i) Peer review A contract or grant for research under subparagraph (A) may allow peer review of the research results. (ii) Programmatic evaluations The National Academy of Sciences may conduct periodic programmatic evaluations on a regular basis of a contract or grant for research under subparagraph (A). (C) Dissemination of findings The National Academy of Sciences shall disseminate the findings of any research conducted under this paragraph to relevant researchers, practitioners, and decisionmakers through— (i) conferences and seminars; (ii) field demonstrations; (iii) workshops; (iv) training programs; (v) presentations; (vi) testimony to government officials; (vii) publicly accessible websites; (viii) publications for the general public; and (ix) other appropriate means. (3) Report Not later than 1 year after the date of establishment of the program under subsection (a), and annually thereafter, the Secretary shall make available on a public website a report that describes the ongoing research and findings under the program. (d) Areas for research The national research agenda under subsection (c)(1) shall consider research in the following areas: (1) Improving the efficiency and resiliency of freight movement, including— (A) improving the connections between rural areas and domestic and foreign markets; (B) maximizing infrastructure utility, including improving urban curb-use efficiency; (C) quantifying the national impact of blocked railroad crossings; (D) improved techniques for estimating and quantifying public benefits derived from freight transportation projects; and (E) low-cost methods to reduce congestion at bottlenecks. (2) Adapting to future trends in freight, including— (A) considering the impacts of e-commerce; (B) automation; and (C) zero-emissions transportation. (3) Workforce considerations in freight, including— (A) diversifying the freight transportation industry workforce; and (B) creating and transitioning a workforce capable of designing, deploying, and operating emerging technologies. (e) Federal share (1) In general The Federal share of the cost of an activity carried out under this section shall be up to 100 percent. (2) Use of non-Federal funds In addition to using funds made available to carry out this section, the National Academy of Sciences may seek and accept additional funding from public and private entities capable of accepting funding from the Department of Transportation, States, units of local government, nonprofit entities, and the private sector. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary $3,750,000 for each fiscal year to carry out the program established under subsection (a), to remain available until expended. (g) Sunset The program established under subsection (a) shall terminate 5 years after the date of enactment of this section. . (b) Clerical amendment The analysis for chapter 702 of title 49, United States Code (as amended by section 1106(b)), is amended by inserting after the item relating to section 70204 the following: 70205. National multimodal cooperative freight research program. . 1206. Rural and Tribal infrastructure advancement (a) Definitions In this section: (1) Build America Bureau The term Build America Bureau means the National Surface Transportation and Innovative Finance Bureau established under section 116 of title 49, United States Code. (2) Eligible entity The term eligible entity means— (A) a unit of local government or political subdivision that is located outside of an urbanized area with a population of more than 150,000 residents, as determined by the Bureau of the Census; (B) a State seeking to advance a project located in an area described in subparagraph (A); and (C) a federally recognized Indian Tribe. (3) Eligible program The term eligible program means any program described in— (A) subparagraph (A), (B), or (D) of section 116(d)(1) of title 49, United States Code; or (B) chapter 67 of that title (as added by section 1201). (4) Pilot program The term pilot program means the Rural and Tribal Assistance Pilot Program established under subsection (b)(1). (b) Establishment (1) In general The Secretary shall establish within the Build America Bureau a pilot program, to be known as the Rural and Tribal Assistance Pilot Program , to provide to eligible entities the assistance and information described in paragraph (2). (2) Assistance and information In carrying out the pilot program, the Secretary may provide to an eligible entity the following: (A) Financial, technical, and legal assistance to evaluate potential projects reasonably expected to be eligible to receive funding or financing assistance under an eligible program. (B) Assistance with development-phase activities, including— (i) project planning; (ii) feasibility studies; (iii) revenue forecasting and funding and financing options analyses; (iv) environmental review; (v) preliminary engineering and design work; (vi) economic assessments and cost-benefit analyses; (vii) public benefit studies; (viii) statutory and regulatory framework analyses; (ix) value for money studies; (x) evaluations of costs to sustain the project; (xi) evaluating opportunities for private financing and project bundling; and (xii) any other activity determined to be appropriate by the Secretary. (C) Information regarding innovative financing best practices and case studies, if the eligible entity is interested in using innovative financing methods. (c) Assistance from expert firms The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in providing financial, technical, and legal assistance to eligible entities under the pilot program. (d) Website (1) Description of pilot program (A) In general The Secretary shall make publicly available on the website of the Department a description of the pilot program, including— (i) the resources available to eligible entities under the pilot program; and (ii) the application process established under paragraph (2)(A). (B) Clearinghouse The Secretary may establish a clearinghouse for tools, templates, and best practices on the page of the website of the Department that contains the information described in subparagraph (A). (2) Applications (A) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a process by which an eligible entity may submit to the Secretary an application under the pilot program, in such form and containing such information as the Secretary may require. (B) Online portal The Secretary shall develop and make available to the public an online portal through which the Secretary may receive applications under subparagraph (A), on a rolling basis. (C) Approval (i) In general Not later than 60 days after the date on which the Secretary receives a complete application under subparagraph (A), the Secretary shall provide to each eligible entity that submitted the application a notice describing whether the application is approved or disapproved. (ii) Additional written notification (I) In general Not later than 30 days after the date on which the Secretary provides to an eligible entity a notification under clause (i), the Secretary shall provide to the eligible entity an additional written notification of the approval or disapproval of the application. (II) Disapproved applications If the application of an eligible entity is disapproved under this subparagraph, the additional written notification provided to the eligible entity under subclause (I) shall include an offer for a written or telephonic debrief by the Secretary that will provide an explanation of, and guidance regarding, the reasons why the application was disapproved. (iii) Insufficient applications The Secretary shall not approve an application under this subparagraph if the application fails to meet the applicable criteria established under this section. (3) Dashboard The Secretary shall publish on the website of the Department a monthly report that includes, for each application received under the pilot program— (A) the type of eligible entity that submitted the application; (B) the location of each potential project described in the application; (C) a brief description of the assistance requested; (D) the date on which the Secretary received the application; and (E) the date on which the Secretary provided the notice of approval or disapproval under paragraph (2)(C)(i). (e) Experts An eligible entity that receives assistance under the pilot program may retain the services of an expert for any phase of a project carried out using the assistance, including project development, regardless of whether the expert is retained by the Secretary under subsection (c). (f) Funding (1) In general For each of fiscal years 2022 through 2026, the Secretary may use to carry out the pilot program, including to retain the services of expert firms under subsection (c), any amount made available to the Secretary to provide credit assistance under an eligible program that is not otherwise obligated, subject to paragraph (2). (2) Limitation The amount used under paragraph (1) to carry out the pilot program shall be not more than— (A) $1,600,000 for fiscal year 2022; (B) $1,800,000 for fiscal year 2023; (C) $2,000,000 for fiscal year 2024; (D) $2,200,000 for fiscal year 2025; and (E) $2,400,000 for fiscal year 2026. (3) Geographical distribution Not more than 20 percent of the funds made available to carry out the pilot program for a fiscal year may be used for projects in a single State during that fiscal year. (g) Sunset The pilot program shall terminate on the date that is 5 years after the date of enactment of this Act. (h) Nonapplicability Nothing in this section limits the ability of the Build America Bureau or the Secretary to establish or carry out any other assistance program under title 23 or title 49, United States Code. (i) Administration by Build America Bureau Section 116(d)(1) of title 49, United States Code, is amended by adding at the end the following: (E) The Rural and Tribal Assistance Pilot Program established under section 1206(b)(1) of the Surface Transportation Investment Act of 2021 . . C Railroad rehabilitation and improvement financing reforms 1301. RRIF codification and reforms (a) Codification of title V of the Railroad Revitalization and Regulatory Reform Act of 1976 Part B of subtitle V of title 49, United States Code, is amended— (1) by inserting after chapter 223 the following chapter analysis: Chapter 224—Railroad rehabilitation and improvement financing Sec. 22401. Definitions. 22402. Direct loans and loan guarantees. 22403. Administration of direct loans and loan guarantees. 22404. Employee protection. 22405. Authorization of appropriations. ; (2) by inserting after the chapter analysis the following section headings: 22401. Definitions 22402. Direct loans and loan guarantees 22403. Administration of direct loans and loan guarantees 22404. Employee protection ; (3) by inserting after the section heading for section 22401, as added by paragraph (2), the text of section 501 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821 ); (4) by inserting after the section heading for section 22402, as added by paragraph (2), the text of section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ); (5) by inserting after the section heading for section 22403, as added by paragraph (2), the text of section 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 823 ); and (6) by inserting after the section heading for section 22404, as added by paragraph (2), the text of section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 836 ). (b) Conforming repeals (1) In general Sections 501, 502, 503, and 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821 , 822, 823, and 836) are repealed. (2) Savings provision The section repeals under paragraph (1) shall not affect the rights and duties that matured under such sections, the penalties that were incurred under such sections, or any proceeding authorized under any such section that commenced before the date of enactment of this Act. (c) Definitions Section 22401 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(3), is further amended— (1) in the matter preceding paragraph (1), by striking For purposes of this title: and inserting In this chapter: ; (2) by amending paragraph (12) to read as follows: (12) The term railroad includes— (A) any railroad or railroad carrier (as such terms are defined in section 20102); and (B) any rail carrier (as defined in section 24102). ; (3) by redesignating paragraph (14) as paragraph (15); and (4) by inserting after paragraph (13) the following: (14) The term Secretary means the Secretary of Transportation. . (d) Direct loans and loan guarantees Section 22402 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(4), is further amended— (1) in subsection (a)— (A) in paragraph (2), by inserting entities implementing before interstate compacts ; (B) in paragraph (5), by striking and at the end; and (C) by striking paragraph (6) and inserting the following: (6) limited option freight shippers that own or operate a plant or other facility, solely for the purpose of constructing a rail connection between a plant or facility and a railroad; and (7) private entities with controlling ownership in 1 or more freight railroads other than Class I carriers. ; (2) in subsection (b)— (A) by amending paragraph (1) to read as follows: (1) In general Direct loans and loan guarantees authorized under this section shall be used— (A) to acquire, improve, or rehabilitate intermodal or rail equipment or facilities, including track, components of track, cuts and fills, stations, tunnels, bridges, yards, buildings, and shops, and costs related to these activities, including pre-construction costs; (B) to develop or establish new intermodal or railroad facilities; (C) to develop landside port infrastructure for seaports serviced by rail; (D) to refinance outstanding debt incurred for the purposes described in subparagraph (A), (B), or (C); (E) to reimburse planning, permitting, and design expenses relating to activities described in subparagraph (A), (B), or (C); or (F) to finance economic development, including commercial and residential development, and related infrastructure and activities, that— (i) incorporates private investment of greater than 20 percent of total project costs; (ii) is physically connected to, or is within 1/2 mile of, a fixed guideway transit station, an intercity bus station, a passenger rail station, or a multimodal station that includes rail service; (iii) demonstrates the ability of the applicant to commence the contracting process for construction not later than 90 days after the date on which the direct loan or loan guarantee is obligated for the project under this chapter; and (iv) demonstrates the ability to generate new revenue for the relevant passenger rail station or service by increasing ridership, increasing tenant lease payments, or carrying out other activities that generate revenue exceeding costs. ; and (B) by striking paragraph (3); (3) in subsection (c)— (A) in paragraph (1), by striking of title 49, United States Code ; and (B) in paragraph (5), by striking title 49, United States Code, and inserting this title ; (4) in subsection (e), by amending paragraph (1) to read as follows: (1) Direct loans The interest rate on a direct loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. ; (5) in subsection (f)— (A) in paragraph (3)— (i) in the matter preceding subparagraph (A)— (I) by striking An applicant may propose and and inserting Upon receipt of a proposal from an applicant under this section, ; and (II) by striking tangible asset and inserting collateral described in paragraph (6) ; (ii) in subparagraph (B)(ii), by inserting , including operating or tenant charges, facility rents, or other fees paid by transportation service providers or operators for access to, or the use of, infrastructure, including rail lines, bridges, tunnels, yards, or stations after user fees ; (iii) in subparagraph (C), by striking $75,000,000 and inserting $150,000,000 ; and (iv) by adding at the end the following: (D) Revenue from projected freight or passenger demand for the project based on regionally developed economic forecasts, including projections of any modal diversion resulting from the project. ; and (B) by adding at the end the following: (5) Cohorts of loans For any direct loan issued before the date of enactment of the Fixing America’s Surface Transportation Act ( Public Law 114–94 ) pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( Public Law 94–210 ), the Secretary shall repay the credit risk premiums of such loan, with interest accrued thereon, not later than— (A) 60 days after the date of enactment of the Surface Transportation Investment Act of 2021 if the borrower has satisfied all obligations attached to such loan; or (B) if the borrower has not yet satisfied all obligations attached to such loan, 60 days after the date on which all obligations attached to such loan have been satisfied. (6) Collateral (A) Types of collateral An applicant or infrastructure partner may propose tangible and intangible assets as collateral, exclusive of goodwill. The Secretary, after evaluating each such asset— (i) shall accept a net liquidation value of collateral; and (ii) shall consider and may accept— (I) the market value of collateral; or (II) in the case of a blanket pledge or assignment of an entire operating asset or basket of assets as collateral, the market value of assets, or, the market value of the going concern, considering— (aa) inclusion in the pledge of all the assets necessary for independent operational utility of the collateral, including tangible assets such as real property, track and structure, motive power, equipment and rolling stock, stations, systems and maintenance facilities and intangible assets such as long-term shipping agreements, easements, leases and access rights such as for trackage and haulage; (bb) interchange commitments; and (cc) the value of the asset as determined through the cost or market approaches, or the market value of the going concern, with the latter considering discounted cash flows for a period not to exceed the term of the direct loan or loan guarantee. (B) Appraisal standards In evaluating appraisals of collateral under subparagraph (A), the Secretary shall consider— (i) adherence to the substance and principles of the Uniform Standards of Professional Appraisal Practice, as developed by the Appraisal Standards Board of the Appraisal Foundation; and (ii) the qualifications of the appraisers to value the type of collateral offered. (7) Repayment of credit risk premiums The Secretary shall return credit risk premiums paid, and interest accrued on such premiums, to the original source when all obligations of a loan or loan guarantee have been satisfied. This paragraph applies to any project that has been granted assistance under this section after the date of enactment of the Surface Transportation Investment Act of 2021 . ; (6) in subsection (g), by amending paragraph (1) the read as follows: (1) repayment of the obligation is required to be made within a term that is not longer than the shorter of— (A) 75 years after the date of substantial completion of the project; (B) the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established, subject to an adequate determination of long-term risk; or (C) for projects determined to have an estimated useful life that is longer than 35 years, the period that is equal to the sum of— (i) 35 years; and (ii) the product of— (I) the difference between the estimated useful life and 35 years; multiplied by (II) 75 percent. ; (7) in subsection (h)— (A) in paragraph (3)(B), by striking section 836 of this title and inserting section 22404 ; and (B) in paragraph (4), by striking (b)(1)(E) and inserting (b)(1)(F) ; (8) in subsection (i)— (A) by amending paragraph (4) to read as follows: (4) Streamline application review process (A) In general Not later than 180 days after the date of enactment of the Surface Transportation Investment Act of 2021 , the Secretary shall implement procedures and measures to economize and make available an expedited application process or processes at the request of applicants seeking loans or loan guarantees. (B) Criteria Applicants seeking loans and loan guarantees under this section shall— (i) seek a total loan or loan guarantee value not exceeding $150,000,000; (ii) meet eligible project purposes described in subparagraphs (A) and (B) of subsection (b)(1); and (iii) meet other criteria considered appropriate by the Secretary, in consultation with the Council on Credit and Finance of the Department of Transportation. (C) Expedited credit review The total period between the submission of an application and the approval or disapproval of an application for a direct loan or loan guarantee under this paragraph may not exceed 90 days. If an application review conducted under this paragraph exceeds 90 days, the Secretary shall— (i) provide written notice to the applicant, including a justification for the delay and updated estimate of the time needed for approval or disapproval; and (ii) publish the notice on the dashboard described in paragraph (5). ; (B) in paragraph (5)— (i) in subparagraph (E), by striking and at the end; (ii) in subparagraph (F), by adding ; and at the end; and (iii) by adding at the end the following: (G) whether the project utilized the expedited application process under paragraph (4). ; and (C) by adding at the end the following: (6) Creditworthiness review status (A) In general The Secretary shall maintain status information related to each application for a loan or loan guarantee, which shall be provided to the applicant upon request, including— (i) the total value of the proposed loan or loan guarantee; (ii) the name of the applicant or applicants submitting the application; (iii) the proposed capital structure of the project to which the loan or loan guarantee would be applied, including the proposed Federal and non-Federal shares of the total project cost; (iv) the type of activity to receive credit assistance, including whether the project is new construction, the rehabilitation of existing rail equipment or facilities, or the refinancing an existing loan or loan guarantee; (v) if a deferred payment is proposed, the length of such deferment; (vi) the credit rating or ratings provided for the applicant; (vii) if other credit instruments are involved, the proposed subordination relationship and a description of such other credit instruments; (viii) a schedule for the readiness of proposed investments for financing; (ix) a description of any Federal permits required, including under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and any waivers under section 5323(j) (commonly known as the Buy America Act ); (x) other characteristics of the proposed activity to be financed, borrower, key agreements, or the nature of the credit that the Secretary considers to be fundamental to the creditworthiness review; (xi) the status of the application in the pre-application review and selection process; (xii) the cumulative amounts paid by the Secretary to outside advisors related to the application, including financial and legal advisors; (xiii) a description of the key rating factors used by the Secretary to determine credit risk, including— (I) the factors used to determine risk for the proposed application; and (II) an adjectival risk rating for each identified factor, ranked as either low, moderate, or high; (xiv) a nonbinding estimate of the credit risk premium, which may be in the form of— (I) a range, based on the assessment of risk factors described in clause (xiii); or (II) a justification for why the estimate of the credit risk premium cannot be determined based on available information; and (xv) a description of the key information the Secretary needs from the applicant to complete the credit review process and make a final determination of the credit risk premium. (B) Report upon request The Secretary shall provide the information described in subparagraph (A) not later than 30 days after a request from the applicant. (C) Exception Applications processed using the streamline application review process under paragraph (4) are not subject to the requirements under this paragraph. ; and (9) by adding at the end the following: (n) Non-Federal share The proceeds of a loan provided under this section may be used as the non-Federal share of project costs for any grant program administered by the Secretary if such loan is repayable from non-Federal funds. . (e) Administration of direct loans and loan guarantees Section 22403 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(5), is further amended— (1) in subsection (a)— (A) by striking The Secretary shall and inserting the following: (1) In general The Secretary shall ; and (B) by adding at the end the following: (2) Documentation An applicant meeting the size standard for small business concerns established under section 3(a)(2) of the Small Business Act ( 15 U.S.C. 632(a)(2) ) may provide unaudited financial statements as documentation of historical financial information if such statements are accompanied by the applicant’s Federal tax returns and Internal Revenue Service tax verifications for the corresponding years. ; and (2) in subsection (m), by striking section 822 of this title and inserting section 22402 . (f) Authorization of appropriations Chapter 224 of title 49, United States Code, as added by subsection (a), and amended by subsections (b) through (e), is further amended by adding at the end the following: 22405. Authorization of appropriations (a) Authorization (1) In general There is authorized to be appropriated for credit assistance under this chapter, which shall be provided at the discretion of the Secretary, $50,000,000 for each of fiscal years 2022 through 2026. (2) Refund of premium There is authorized to be appropriated to the Secretary $70,000,000 to repay the credit risk premium in accordance with section 22402(f)(5). (3) Availability Amounts appropriated pursuant to this subsection shall remain available until expended. (b) Use of funds (1) In general Credit assistance provided under subsection (a) may not exceed $20,000,000 for any loan or loan guarantee. (2) Administrative costs Not less than 3 percent of the amounts appropriated pursuant to subsection (a) in each fiscal year shall be made available to the Secretary for use in place of charges collected under section 22403(l)(1) for passenger railroads and freight railroads other than Class I carriers. (3) Short line set-aside Not less than 50 percent of the amounts appropriated pursuant to subsection (a)(1) for each fiscal year shall be set aside for freight railroads other than Class I carriers. . (g) Clerical amendment The analysis for title 49, United States Code, is amended by inserting after the item relating to chapter 223 the following: 224. Railroad rehabilitation and improvement financing 22401 . (h) Technical and conforming amendments (1) National trails system act Section 8(d) of the National Trails System Act ( 16 U.S.C. 1247(d) ) is amended by inserting ( 45 U.S.C. 801 et seq.) and chapter 224 of title 49, United States Code after 1976 . (2) Passenger rail reform and investment act Section 11315(c) of the Passenger Rail Reform and Investment Act of 2015 ( 23 U.S.C. 322 note; Public Law 114–94 ) is amended by striking sections 502 and 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 and inserting sections 22402 and 22403 of title 49, United States Code . (3) Provisions classified in title 45, united states code (A) Railroad revitalization and regulatory reform act of 1976 Section 101 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 801 ) is amended— (i) in subsection (a), in the matter preceding paragraph (1), by striking It is the purpose of the Congress in this Act to and inserting The purpose of this Act and chapter 224 of title 49, United States Code, is to ; and (ii) in subsection (b), in the matter preceding paragraph (1), by striking It is declared to be the policy of the Congress in this Act and inserting The policy of this Act and chapter 224 of title 49, United States Code, is . (B) Railroad infrastructure financing improvement act The Railroad Infrastructure Financing Improvement Act (subtitle F of title XI of Public Law 114–94 )— (i) in section 11607(b) ( 45 U.S.C. 821 note), by striking All provisions under sections 502 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 801 et seq.) and inserting All provisions under section 22402 through 22404 of title 49, United States Code, ; and (ii) in section 11610(b) ( 45 U.S.C. 821 note), by striking section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(f) ), as amended by section 11607 of this Act and inserting section 22402(f) of title 49, United States Code . (C) Transportation equity act for the 21st century Section 7203(b)(2) of the Transportation Equity Act for the 21st Century ( Public Law 105–178 ; 45 U.S.C. 821 note) is amended by striking title V of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821 et seq.) and inserting chapter 224 of title 49, United States Code, . (D) Hamm alert maritime safety act of 2018 Section 212(d)(1) of Hamm Alert Maritime Safety Act of 2018 (title II of Public Law 115–265 ; 45 U.S.C. 822 note) is amended, in the matter preceding subparagraph (A), by striking for purposes of section 502(f)(4) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(f)(4) ) and inserting for purposes of section 22402 of title 49, United States Code . (E) Milwaukee railroad restructuring act Section 15(f) of the Milwaukee Railroad Restructuring Act ( 45 U.S.C. 914(f) ) is amended by striking Section 516 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 836 ) and inserting Section 22404 of title 49, United States Code, . (F) Rock island railroad transition and employee assistance act Section 104(b) of the Rock Island Railroad Transition and Employee Assistance Act ( 45 U.S.C. 1003(b) ) is amended— (i) in paragraph (1)— (I) by striking title V of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821 et seq.) and inserting chapter 224 of title 49, United States Code, ; and (II) by striking and section 18(b) of the Milwaukee Railroad Restructuring Act ; and (ii) in paragraph (2), by striking title V of the Railroad Revitalization and Regulatory Reform Act of 1976, and section 516 of such Act ( 45 U.S.C. 836 ) and inserting chapter 224 of title 49, United States Code, including section 22404 of such title, . (G) Passenger Rail Investment and Improvement Act of 2008 Section 205(g) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432 ; 49 U.S.C. 24101 note) is amended by striking title V of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821 et seq.) and inserting chapter 224 of title 49, United States Code . (H) Passenger rail reform and investment act of 2015 Section 11311(d) of the Passenger Rail Reform and Investment Act of 2015 ( Public Law 114–94 ; 49 U.S.C. 20101 note) is amended by striking , and section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ) . (4) Title 49 (A) National surface transportation and innovative finance bureau Section 116(d)(1)(B) of title 49, United States Code, is amended by striking sections 501 through 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821–823 ) and inserting sections 22401 through 22403 . (B) Prohibited discrimination Section 306(b) of title 49, United States Code, is amended— (i) by striking chapter 221 or 249 of this title, and inserting chapter 221, 224, or 249 of this title, or ; and (ii) by striking , or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821 et seq.) . (C) Grant conditions Section 22905(c)(2)(B) of title 49, United States Code, is amended by striking section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 836 ) and inserting section 22404 . (D) Amtrak authority Section 24903 of title 49, United States Code, is amended— (i) in subsection (a)(6), by striking and the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 801 et seq.) and inserting , the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 801 et seq.), and chapter 224 of this title ; and (ii) in subsection (c)(2), by striking and the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 801 et seq.) and inserting , the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 801 et seq.), and chapter 224 of this title . 1302. Substantive criteria and standards Not later than 180 days after the date of enactment of this Act, the Secretary shall update the publicly available credit program guide in accordance with the provisions of chapter 224 of title 49, United States Code, as added by section 1301. 1303. Semiannual report on transit-oriented development eligibility Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that identifies— (1) the number of applications submitted to the Department for a direct loan or loan guarantee under section 22402(b)(1)(E) of title 49, United States Code, as amended by section 1301; (2) the number of such loans or loan guarantees that were provided to the applicants; and (3) for each such application, the reasons for providing or declining to provide the requested loan or loan guarantee. II Rail 2001. Short title This title may be cited as the Passenger Rail Expansion and Rail Safety Act of 2021 . A Authorization of appropriations 2101. Grants to Amtrak (a) Northeast Corridor There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the Northeast Corridor the following amounts: (1) For fiscal year 2022, $1,570,000,000. (2) For fiscal year 2023, $1,100,000,000. (3) For fiscal year 2024, $1,200,000,000. (4) For fiscal year 2025, $1,300,000,000. (5) For fiscal year 2026, $1,400,000,000. (b) National Network There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the National Network the following amounts: (1) For fiscal year 2022, $2,300,000,000. (2) For fiscal year 2023, $2,200,000,000. (3) For fiscal year 2024, $2,450,000,000. (4) For fiscal year 2025, $2,700,000,000. (5) For fiscal year 2026, $3,000,000,000. (c) Oversight The Secretary may withhold up to 0.5 percent from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for the costs of oversight of Amtrak. (d) State-Supported Route Committee The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for use by the State-Supported Route Committee established under section 24712(a) of title 49, United States Code. (e) Northeast Corridor Commission The Secretary may withhold up to $6,000,000 from the amount appropriated for each fiscal year pursuant to subsection (a) for use by the Northeast Corridor Commission established under section 24905(a) of title 49, United States Code. (f) Interstate rail compacts The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for grants authorized under section 22910 of title 49, United States Code. (g) Accessibility upgrades (1) In general The Secretary shall withhold $50,000,000 from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for grants to assist Amtrak in financing capital projects to upgrade the accessibility of the national rail passenger transportation system by increasing the number of existing facilities that are compliant with the requirements under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) until the Secretary determines Amtrak’s existing facilities are in compliance with such requirements. (2) Savings provision Nothing in paragraph (1) may be construed to prevent Amtrak from using additional funds appropriated pursuant to this section to carry out the activities authorized under such paragraph. (h) Corridor development In addition to the activities authorized under subsection (b), Amtrak may use up to 10 percent of the amounts appropriated under subsection (b) in each fiscal year to support Amtrak-operated corridors selected under section 2306 for— (1) planning and capital costs; and (2) operating assistance consistent with the Federal funding limitations under section 22908 of title 49, United States Code. 2102. Federal Railroad Administration (a) Safety and operations There are authorized to be appropriated to the Secretary for the operations of the Federal Railroad Administration and to carry out railroad safety activities the following amounts: (1) For fiscal year 2022, $248,000,000. (2) For fiscal year 2023, $254,000,000. (3) For fiscal year 2024, $263,000,000. (4) For fiscal year 2025, $271,000,000. (5) For fiscal year 2026, $279,000,000. (b) Railroad research and development There are authorized to be appropriated to the Secretary for the use of the Federal Railroad Administration for activities associated with railroad research and development the following amounts: (1) For fiscal year 2022, $43,000,000. (2) For fiscal year 2023, $44,000,000. (3) For fiscal year 2024, $45,000,000. (4) For fiscal year 2025, $46,000,000. (5) For fiscal year 2026, $47,000,000. (c) Transportation technology center The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for activities authorized under section 20108(d) of title 49, United States Code. (d) Rail Research and Development Center of Excellence The Secretary may withhold up to 10 percent of the amount appropriated for each fiscal year under subsection (b) for grants authorized under section 20108(j) of title 49, United States Code. 2103. Consolidated rail infrastructure and safety improvements grants (a) In general There is authorized to be appropriated to the Secretary for grants under section 22907 of title 49, United States Code, $1,000,000,000 for each of fiscal years 2022 through 2026. (b) Oversight The Secretary may withhold up to 2 percent from the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code. 2104. Railroad Crossing Elimination Program (a) In general There is authorized to be appropriated to the Secretary for grants under section 22909 of title 49, United States Code, as added by section 2305, $500,000,000 for each of fiscal years 2022 through 2026. (b) Planning projects Not less than 3 percent of the amount appropriated in each fiscal year pursuant to subsection (a) year shall be used for planning projects described in section 22909(d)(6) of title 49, United States Code. (c) Highway-Rail grade crossing safety information and education program Of the amount appropriated under subsection (a) in each fiscal year, 0.25 percent shall be used for contracts or grants to carry out a highway-rail grade crossing safety information and education program— (1) to help prevent and reduce pedestrian, motor vehicle, and other accidents, incidents, injuries, and fatalities; and (2) to improve awareness along railroad rights-of-way and at highway-rail grade crossings. (d) Oversight The Secretary may withhold up to 2 percent from the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code. 2105. Restoration and enhancement grants (a) In general There is authorized to be appropriated to the Secretary for grants under section 22908 of title 49, United States Code, $50,000,000 for each of fiscal years 2022 through 2026. (b) Oversight The Secretary may withhold up to 1 percent of the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under section 22908 of title 49, United States Code. 2106. Federal-State partnership for intercity passenger rail grants (a) In general There is authorized to be appropriated to the Secretary for grants under section 24911 of title 49, United States Code, $1,500,000,000 for each of fiscal years 2022 through 2026. (b) Oversight The Secretary may withhold up to 2 percent of the amount appropriated under subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code. 2107. Amtrak Office of Inspector General There are authorized to be appropriated to the Office of Inspector General of Amtrak the following amounts: (1) For fiscal year 2022, $26,500,000. (2) For fiscal year 2023, $27,000,000. (3) For fiscal year 2024, $27,500,000. (4) For fiscal year 2025, $28,000,000. (5) For fiscal year 2026, $28,500,000. B Amtrak reforms 2201. Amtrak findings, mission, and goals (a) Findings Section 24101(a) of title 49, United States Code, is amended— (1) in paragraph (1), by striking between crowded urban areas and in other areas of and inserting throughout ; (2) in paragraph (4), by striking to Amtrak to achieve a performance level sufficient to justify expending public money and inserting in order to meet the intercity passenger rail needs of the United States ; (3) in paragraph (5)— (A) by inserting intercity passenger and before commuter ; and (B) by inserting and rural after major urban; and (4) by adding at the end the following: (9) Long-distance routes are valuable resources of the United States that are used by rural and urban communities. . (b) Goals Section 24101(c) of title 49, United States Code, is amended— (1) by amending paragraph (1) to read as follows: (1) use its best business judgment in acting to maximize the benefits of Federal investments, including— (A) offering competitive fares; (B) increasing revenue from the transportation of mail and express; (C) offering food service that meets the needs of its customers; (D) improving its contracts with rail carriers over whose tracks Amtrak operates; (E) controlling or reducing management and operating costs; and (F) providing economic benefits to the communities it serves; ; (2) in paragraph (11), by striking and at the end; (3) in paragraph (12), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (13) support and maintain established long-distance routes to provide value to the Nation by serving customers throughout the United States and connecting urban and rural communities. . (c) Increasing revenues Section 24101(d) of title 49, United States Code, is amended to read as follows: (d) Increasing revenues Amtrak is encouraged to make agreements with private sector entities and to undertake initiatives that are consistent with good business judgment and designed to generate additional revenues to advance the goals described in subsection (c). . 2202. Composition of Amtrak’s Board of Directors (a) Selection; composition; chair Section 24302(a) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking President and inserting Chief Executive Officer ; and (B) in subparagraph (C), by striking or a and inserting (including individuals with disabilities) or of a ; (2) in paragraph (2), by striking and try to provide adequate and balanced representation of the major geographic regions of the United States served by Amtrak ; (3) by redesignating paragraph (5) as paragraph (7); and (4) by striking paragraph (4) and inserting the following: (4) Of the individuals appointed pursuant to paragraph (1)(C)— (A) 2 individuals shall reside in or near a location served by a regularly scheduled Amtrak service along the Northeast Corridor; (B) 4 individuals shall reside in or near regions of the United States that are geographically distributed outside of the Northeast Corridor, of whom— (i) 2 individuals shall reside in States served by a long-distance route operated by Amtrak; (ii) 2 individuals shall reside in States served by State-supported routes operated by Amtrak; and (iii) an individual who resides in a State that is served by a State-supported route and a long-distance route may be appointed to serve either position referred to in clauses (i) and (ii); (C) 2 individuals shall reside either— (i) in or near a location served by a regularly scheduled Amtrak service on the Northeast Corridor; or (ii) in a State served by long-distance or State-supported routes; and (D) each individual appointed to the Board pursuant to this paragraph may only fill 1 of the allocations set forth in subparagraphs (A) through (C). (5) The Board shall elect a chairperson and vice chairperson, other than the Chief Executive Officer of Amtrak, from among its membership. The vice chairperson shall act as chairperson in the absence of the chairperson. (6) The Board shall meet at least annually with— (A) representatives of Amtrak employees; (B) representatives of persons with disabilities; and (C) the general public, in an open meeting with a virtual attendance option, to discuss financial performance and service results. . (b) Rule of construction None of the amendments made by subsection (a) may be construed as affecting the term of any director serving on the Amtrak Board of Directors under section 24302(a)(1)(C) of title 49, United States Code, as of the date of enactment of this Act. 2203. Station agents Section 24312 of title 49, United States Code, is amended by adding at the end the following: (c) Availability of station agents (1) In general Except as provided in paragraph (2), beginning on the date that is 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , Amtrak shall ensure that at least 1 Amtrak ticket agent is employed at each station building— (A) that Amtrak owns, or operates service through, as part of a long-distance or Northeast Corridor passenger service route; (B) where at least 1 Amtrak ticket agent was employed on or after October 1, 2017; and (C) for which an average of 40 passengers boarded or deboarded an Amtrak vehicle per day during all of the days in fiscal year 2017 when the station was serviced by Amtrak, regardless of the number of Amtrak vehicles servicing the station per day. (2) Exception Paragraph (1) shall not apply to any station building in which a commuter rail ticket agent has the authority to sell Amtrak tickets. . 2204. Increasing oversight of changes to Amtrak long-distance routes and other intercity services (a) Amtrak annual operations report Section 24315(a)(1) of title 49, United States Code, is amended— (1) in subparagraph (G), by striking and at the end; (2) in subparagraph (H), by adding and at the end; and (3) by adding at the end the following: (I) any change made to a route’s or service’s frequency or station stops; . (b) 5-Year business line plans Section 24320(b)(2) of title 49, United States Code, is amended— (1) by redesignating subparagraphs (B) through (L) as subparagraphs (C) through (M), respectively; and (2) by inserting after subparagraph (A) the following: (B) a detailed description of any plans to permanently change a route’s or service’s frequency or station stops for the service line; . 2205. Improved oversight of Amtrak accounting Section 24317 of title 49, United States Code, is amended— (1) in subsection (a)(2), by striking and costs among Amtrak business lines and inserting , including Federal grant funds, and costs among Amtrak service lines ; (2) by amending subsection (b) to read as follows: (b) Account structure (1) In general The Secretary of Transportation, in consultation with Amtrak, shall define, maintain, and periodically update an account structure and improvements to accounting methodologies, as necessary, to support the Northeast Corridor and the National Network. (2) Notification of substantive changes The Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate , the Committee on Appropriations of the Senate , the Committee on Transportation and Infrastructure of the House of Representatives , and the Committee on Appropriations of the House of Representatives regarding any substantive changes made to the account structure, including changes to— (A) the service lines described in section 24320(b)(1); and (B) the asset lines described in section 24320(c)(1). ; (3) in subsection (c), in the matter preceding paragraph (1), by inserting , maintaining, and updating after defining ; (4) in subsection (d), in the matter preceding paragraph (1), by inserting , maintaining, and updating after defining ; (5) by amending subsection (e) to read as follows: (e) Implementation and reporting (1) In general Amtrak, in consultation with the Secretary of Transportation, shall maintain and implement any account structures and improvements defined under subsection (b) to enable Amtrak to produce sources and uses statements for each of the service lines described in section 24320(b)(1) and, as appropriate, each of the asset lines described in section 24320(c)(1), that identify sources and uses of revenues, appropriations, and transfers between accounts. (2) Updated sources and uses statements Not later than 30 days after the implementation of subsection (b), and monthly thereafter, Amtrak shall submit to the Secretary of Transportation updated sources and uses statements for each of the service lines and asset lines referred to in paragraph (1). The Secretary and Amtrak may agree to a different frequency of reporting. ; (6) by striking subsection (h); and (7) by redesignating subsection (i) as subsection (h). 2206. Improved oversight of Amtrak spending (a) Allocation of costs and revenues Section 24318(a) of title 49, United States Code, is amended by striking Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, . (b) Grant process and reporting Section 24319 of title 49, United States Code, is amended— (1) in the section heading, by inserting and reporting after process ; (2) by amending subsection (a) to read as follows: (a) Procedures for grant requests The Secretary of Transportation shall— (1) establish and maintain substantive and procedural requirements, including schedules, for grant requests under this section; and (2) report any changes to such procedures to— (A) the Committee on Commerce, Science, and Transportation of the Senate ; (B) the Committee on Appropriations of the Senate ; (C) the Committee on Transportation and Infrastructure of the House of Representatives ; and (D) the Committee on Appropriations of the House of Representatives . ; (3) by amending subsection (c) to read as follows: (c) Contents (1) In general Each grant request under subsection (b) shall, as applicable— (A) categorize and identify, by source, the Federal funds and program income that will be used for the upcoming fiscal year for each of the Northeast Corridor and National Network in 1 of the categories or subcategories set forth in paragraph (2); (B) describe the operations, services, programs, projects, and other activities to be funded within each of the categories set forth in paragraph (2), including— (i) the estimated scope, schedule, and budget necessary to complete each project and program; and (ii) the performance measures used to quantify expected and actual project outcomes and benefits, aggregated by fiscal year, project milestone, and any other appropriate grouping; and (C) describe the status of efforts to improve Amtrak’s safety culture. (2) Grant categories (A) Operating expenses Each grant request to use Federal funds for operating expenses shall— (i) include estimated net operating costs not covered by other Amtrak revenue sources; (ii) specify Federal funding requested for each service line described in section 24320(b)(1); and (iii) be itemized by route. (B) Debt service A grant request to use Federal funds for expenses related to debt, including payment of principle and interest, as allowed under section 205 of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 ; 49 U.S.C. 24101 note). (C) Capital A grant request to use Federal funds and program income for capital expenses shall include capital projects and programs primarily associated with— (i) normalized capital replacement programs, including regularly recurring work programs implemented on a systematic basis on classes of physical railroad assets, such as track, structures, electric traction and power systems, rolling stock, and communications and signal systems, to maintain and sustain the condition and performance of such assets to support continued railroad operations; (ii) improvement projects to support service and safety enhancements, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that result in enhanced or new infrastructure, equipment, or facilities; (iii) backlog capital replacement projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily replace or rehabilitate major infrastructure assets, including tunnels, bridges, stations, and similar assets, to reduce the state of good repair backlog on the Amtrak network; (iv) strategic initiative projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily improve overall operational performance, lower costs, or otherwise improve Amtrak’s corporate efficiency; and (v) statutory, regulatory, or other legally mandated projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that enable Amtrak to fulfill specific legal or regulatory mandates. (D) Contingency A grant request to use Federal funds for operating and capital expense contingency shall include— (i) contingency levels for specified activities and operations; and (ii) a process for the utilization of such contingency. (3) Modification of categories The Secretary of Transportation and Amtrak may jointly agree to modify the categories set forth in paragraph (2) if such modifications are necessary to improve the transparency, oversight, or delivery of projects funded through grant requests under this section. ; (4) in subsection (d)(1)(A)— (A) by inserting complete after submits a ; (B) by striking shall complete and inserting shall finish ; and (C) in clause (ii), by striking incomplete or ; (5) in subsection (e)— (A) in paragraph (1)— (i) by striking and other activities to be funded by the grant and inserting programs, projects, and other activities to be funded by the grant, consistent with the categories required for Amtrak in a grant request under subsection (c)(1)(A) ; and (ii) by striking or activities and inserting programs, projects, and other activities ; and (B) in paragraph (3)— (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (ii) by inserting before subparagraph (B), as redesignated, the following: (A) using an otherwise allowable approach to the method prescribed for a specific project or category of projects under paragraph (2) if the Secretary and Amtrak agree that a different payment method is necessary to more successfully implement and report on an operation, service, program, project, or other activity; ; (6) by redesignating subsection (h) as subsection (j); and (7) by inserting after subsection (g) the following: (h) Applicable laws and regulations (1) Single Audit Act of 1984 Notwithstanding section 24301(a)(3) of this title and section 7501(a)(13) of title 31, Amtrak shall be deemed a non-Federal entity for purposes of chapter 75 of title 31. (2) Regulations and guidance The Secretary of Transportation may apply some or all of the requirements set forth in the regulations and guidance promulgated by the Secretary relating to the management, administration, cost principles, and audit requirements for Federal awards. (i) Amtrak grant reporting The Secretary of Transportation shall determine the varying levels of detail and information that will be included in reports for operations, services, program, projects, program income, cash on hand, and other activities within each of the grant categories described in subsection (c)(2). . (c) Conforming amendments (1) Reports and audits Section 24315(b)(1) of title 49, United States Code, is amended— (A) in subparagraph (A), by striking the goal of section 24902(b) of this title; and and inserting the goal described in section 24902(a); ; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) shall incorporate the categories described in section 24319(c)(2). . (2) Clerical amendment The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24319 and inserting the following: 24319. Grant process and reporting. . 2207. Increasing service line and asset line plan transparency (a) In general Section 24320 of title 49, United States Code, is amended— (1) in the section heading, by striking business line and asset plans and inserting service line and asset line plans ; (2) in subsection (a)— (A) in paragraph (1)— (i) by striking of each year and inserting , 2020, and biennially thereafter ; (ii) by striking 5-year business line plans and 5-year asset plans and inserting 5-year service line plans and 5-year asset line plans ; and (iii) by adding at the end the following: During each year in which Amtrak is not required to submit a plan under this paragraph, Amtrak shall submit to Congress updated financial sources and uses statements and forecasts with the annual report required under section 24315(b). ; and (B) in paragraph (2), by striking asset plan required in and inserting asset line plan required under ; (3) in subsection (b)— (A) in the subsection heading, by striking business and inserting service ; (B) in paragraph (1)— (i) in the paragraph heading, by striking business and inserting service ; (ii) by striking business each place such term appears and inserting service ; (iii) by amending subparagraph (B) to read as follows: (B) Amtrak State-supported train services. ; (iv) in subparagraph (C), by striking routes and inserting train services ; and (v) by adding at the end the following: (E) Infrastructure access services for use of Amtrak-owned or Amtrak-controlled infrastructure and facilities. ; (C) in paragraph (2)— (i) in the paragraph heading, by striking business and inserting service ; (ii) by striking business each place such term appears and inserting service ; (iii) in subparagraph (A), by striking Strategic Plan and 5-year asset plans and inserting 5-year asset line plans ; (iv) in subparagraph (F) (as redesignated by section 2204(b)(1)), by striking profit and loss and inserting sources and uses ; (v) by striking subparagraph (G) (as redesignated by section 2204(b)(1)); (vi) by redesignating subparagraphs (H) through (M) (as redesignated by section 2204(b)(1)) as subparagraphs (G) through (L), respectively; and (vii) by amending subparagraph (I) (as so redesignated) to read as follows: (I) financial performance for each route, if deemed applicable by the Secretary, within each service line, including descriptions of the cash operating loss or contribution; ; (D) in paragraph (3)— (i) in the paragraph heading, by striking business and inserting service ; (ii) by striking business each place such term appears and inserting service ; (iii) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively, and moving such clauses 2 ems to the right; (iv) by inserting before clause (i), as redesignated, the following: (A) not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , submit to the Secretary, for approval, a consultation process for the development of each service line plan that requires Amtrak to— ; (v) in subparagraph (A), as amended by clause (iv)— (I) in clause (iii), as redesignated, by inserting and submit the final service line plan required under subsection (a)(1) to the State-Supported Route Committee before the semicolon at the end; (II) in clause (iv), as redesignated, by inserting and after the semicolon at the end; and (III) by adding at the end the following: (v) for the infrastructure access service line plan, consult with the Northeast Corridor Commission and other entities, as appropriate, and submit the final asset line plan under subsection (a)(1) to the Northeast Corridor Commission; ; and (vi) by redesignating subparagraphs (E) and (F) as subparagraphs (B) and (C), respectively; (E) by redesignating paragraph (4) as paragraph (5); and (F) by inserting after paragraph (3)(C), as redesignated, the following: (4) 5-year service line plans updates Amtrak may modify the service line plans described in paragraph (1), upon the approval of the Secretary, if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery of Amtrak services and the use of Federal funds by Amtrak. ; and (4) in subsection (c)— (A) in the subsection heading, by inserting line after asset ; (B) in paragraph (1)— (i) in the paragraph heading, by striking categories and inserting lines ; (ii) in the matter preceding subparagraph (A), by striking asset plan for each of the following asset categories and inserting asset line plan for each of the following asset lines ; (iii) by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E), respectively; (iv) by inserting before subparagraph (B), as redesignated, the following: (A) Transportation, including activities and resources associated with the operation and movement of Amtrak trains, onboard services, and amenities. ; (v) in subparagraph (B), as redesignated, by inserting and maintenance-of-way equipment after facilities ; and (vi) in subparagraph (C), as redesignated, by striking Passenger rail equipment and inserting Equipment ; (C) in paragraph (2)— (i) in the paragraph heading, by inserting line after asset ; (ii) in the matter preceding subparagraph (A), by inserting line after asset ; (iii) in subparagraph (A), by striking category and inserting line ; (iv) in subparagraph (C)(iii)(III), by striking and at the end; (v) by amending subparagraph (D) to read as follows: (D) annual sources and uses statements and forecasts for each asset line; and ; and (vi) by adding at the end the following: (E) other elements that Amtrak elects to include. ; (D) in paragraph (3)— (i) in the paragraph heading, by inserting line after asset ; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and moving such clauses 2 ems to the right; (iii) by inserting before clause (i), as redesignated, the following: (A) not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , submit to the Secretary, for approval, a consultation process for the development of each asset line plan that requires Amtrak to— ; (iv) in subparagraph (A), as added by clause (iii)— (I) in clause (i), as redesignated— (aa) by striking business each place such term appears and inserting service ; (bb) by inserting line after asset each place such term appears; and (cc) by adding and at the end; and (II) in clause (ii), as redesignated— (aa) by inserting consult with the Secretary of Transportation in the development of asset line plans and, before as applicable ; and (bb) by inserting line after 5-year asset ; (v) by redesignating subparagraph (C) as subparagraph (B); and (vi) in subparagraph (B), as redesignated, by striking category and inserting line ; (E) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; (F) by inserting after paragraph (3) the following: (4) 5-year asset line plan updates Amtrak may modify the asset line plans described in paragraph (1) if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery of Amtrak services and the use of Federal funds by Amtrak. ; (G) in paragraph (5)(A), as redesignated, by inserting , but shall not include corporate services (as defined pursuant to section 24317(b)) after national assets ; and (H) in paragraph (7), as redesignated, by striking paragraph (4) and inserting paragraph (5) . (b) Clerical amendment The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24320 and inserting the following: 24320. Amtrak 5-year service line and asset line plans. . (c) Effective dates Section 11203(b) of the Passenger Rail Reform and Investment Act of 2015 ( 49 U.S.C. 24320 note) is amended— (1) by striking business each place such term appears and inserting service ; and (2) by inserting line after asset each place such term appears. 2208. Passenger experience enhancement (a) In general Section 24305(c)(4) of title 49, United States Code, is amended by striking only if revenues from the services each year at least equal the cost of providing the services . (b) Food and beverage service working group (1) In general Section 24321 of title 49, United States Code, is amended to read as follows: 24321. Food and beverage service (a) Working group (1) Establishment Not later than 180 days after enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , Amtrak shall establish a working group to provide recommendations to improve Amtrak’s onboard food and beverage service. (2) Membership The working group shall consist of individuals representing— (A) Amtrak; (B) the labor organizations representing Amtrak employees who prepare or provide on-board food and beverage service; (C) nonprofit organizations representing Amtrak passengers; and (D) States that are providing funding for State-supported routes. (b) Report Not later than 1 year after the establishment of the working group pursuant to subsection (a), the working group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives containing recommendations for improving Amtrak’s food and beverage service, including— (1) ways to improve the financial performance of Amtrak; (2) ways to increase and retain ridership; (3) the differing needs of passengers traveling on long-distance routes, State supported routes, and the Northeast Corridor; (4) Amtrak passenger survey data about the food and beverages offered on Amtrak trains; (5) ways to incorporate local food and beverage items on State-supported routes; and (6) any other issue that the working group determines to be appropriate. (c) Implementation Not later than 180 days after the submission of the report pursuant to subsection (b), Amtrak shall submit a plan for implementing the recommendations of the working group, and an explanation for any of the working group’s recommendations it does not agree with and does not plan on implementing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives . (d) Savings clause Amtrak shall ensure that no Amtrak employee who held a position on a long distance or Northeast Corridor route as of the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , is involuntarily separated because of the development and implementation of the plan required under this section. . (2) Clerical amendment The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24321 and inserting the following: 24321. Food and beverage service. . 2209. Amtrak smoking policy (a) In general Chapter 243 of title 49, United States Code, is amended by adding at the end the following: 24323. Prohibition on smoking on Amtrak trains (a) Prohibition Beginning on the date of enactment of this section, Amtrak shall prohibit smoking, including the use of electronic cigarettes, onboard all Amtrak trains. (b) Electronic cigarette defined In this section, the term electronic cigarette means a device that delivers nicotine or other substances to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking. . (b) Conforming amendment The analysis for chapter 243 of title 49, United States Code, is amended by adding at the end the following: 24323. Prohibition on smoking on Amtrak trains. . 2210. Protecting Amtrak routes through rural communities Section 24706 of title 49, United States Code, is amended— (1) in subsection (a), by striking subsection (b) of this section, at least 180 days and inserting subsection (c), not later than 180 days ; (2) by redesignating subsections (b) and (c) as subsections (c) and (e), respectively; (3) by inserting after subsection (a) the following: (b) Discontinuance or substantial alteration of long-Distance routes Except as provided in subsection (c), in an emergency, or during maintenance or construction outages impacting Amtrak routes, Amtrak may not discontinue, reduce the frequency of, suspend, or substantially alter the route of rail service on any segment of any long-distance route in any fiscal year in which Amtrak receives adequate Federal funding for such route on the National Network. ; and (4) by inserting after subsection (c), as redesignated, the following: (d) Congressional notification of discontinuance Except as provided in subsection (c), not later than 210 days before discontinuing service over a route, Amtrak shall give written notice of such discontinuance to all of the members of Congress representing any State or district in which the discontinuance would occur. . 2211. State-Supported Route Committee (a) State-Supported Route Committee Section 24712(a) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) by striking Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish and inserting There is established ; and (B) by inserting current and future before rail operations ; (2) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; (3) by inserting after paragraph (3) the following: (4) Ability to conduct certain business If all of the members of 1 voting bloc described in paragraph (3) abstain from a Committee decision, agreement between the other 2 voting blocs consistent with the procedures set forth in such paragraph shall be deemed sufficient for purpose of achieving unanimous consent. ; (4) in paragraph (5), as redesignated, in the matter preceding subparagraph (A)— (A) by striking convene a meeting and shall define and implement and inserting define and periodically update ; and (B) by striking not later than 180 days after the date of establishment of the Committee by the Secretary ; and (5) in paragraph (7), as redesignated— (A) in the paragraph heading, by striking allocation methodology and inserting methodology policy ; (B) in subparagraph (A), by striking allocation methodology and inserting methodology policy ; (C) by amending subparagraph (B) to read as follows: (B) Revisions to cost methodology policy (i) Requirement to revise and update Subject to rules and procedures established pursuant to clause (iii), not later than March 31, 2022, the Committee shall revise and update the cost methodology policy required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 20901 note). The Committee shall implement a revised cost methodology policy during fiscal year 2023. Not later than 30 days after the adoption of the revised cost methodology policy, the Committee shall submit a report documenting and explaining any changes to the cost methodology policy and plans for implementation of such policy, including a description of the improvements to the accounting information provided by Amtrak to the States, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives . The revised cost methodology policy shall ensure that States will be responsible for costs attributable to the provision of service for their routes. (ii) Implementation impacts on Federal funding To the extent that a revision developed pursuant to clause (i) assigns to Amtrak costs that were previously allocated to States, Amtrak shall request with specificity such additional funding in the general and legislative annual report required under section 24315 or in any appropriate subsequent Federal funding request for the fiscal year in which the revised cost methodology policy will be implemented. (iii) Procedures for changing methodology Notwithstanding section 209(b) of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 20901 note), the rules and procedures implemented pursuant to paragraph (5) shall include— (I) procedures for changing the cost methodology policy in accordance with clause (i); and (II) procedures or broad guidelines for conducting financial planning, including operating and capital forecasting, reporting, data sharing, and governance. ; (D) in subparagraph (C)— (i) in the matter preceding clause (i), by striking allocation methodology and inserting methodology policy ; (ii) in clause (i), by striking and at the end; (iii) in clause (ii)— (I) by striking allocate and inserting assign ; and (II) by striking the period and inserting ; and ; and (iv) by adding at the end the following: (iii) promote increased efficiency in Amtrak’s operating and capital activities. ; and (E) by adding at the end the following: (D) Independent evaluation Not later than March 31 of each year, the Committee shall ensure that an independent entity selected by the Committee has completed an evaluation to determine whether State payments for the most recently concluded fiscal year are accurate and comply with the applicable cost allocation methodology. . (b) Invoices and reports Section 24712(b) of title 49, United States Code, is amended to read as follows: (b) Invoices and reports (1) Invoices Amtrak shall provide monthly invoices to the Committee and to each State that sponsors a State-supported route that identify the operating costs for such route, including fixed costs and third-party costs. (2) Reports (A) In general The Committee shall determine the frequency and contents of— (i) the financial and performance reports that Amtrak is required to provide to the Committee and the States; and (ii) the planning and demand reports that the States are required to provide to the Committee and Amtrak. (B) Monthly statistical report (i) Development Consistent with the revisions to the policy required under subsection (a)(7)(B), the Committee shall develop a report that contains the general ledger data and operating statistics from Amtrak’s accounting systems used to calculate payments to States. (ii) Provision of necessary data Not later than 30 days after the last day of each month, Amtrak shall provide to the States and to the Committee the necessary data to complete the report developed pursuant to clause (i) for such month. . (c) Dispute resolution Section 24712(c) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) by striking (a)(4) and inserting (a)(5) ; and (B) by striking (a)(6) and inserting (a)(7) ; and (2) in paragraph (4), by inserting related to a State-supported route that a State sponsors that is after amount . (d) Performance metrics Section 24712(e) of title 49, United States Code, is amended by inserting , including incentives to increase revenue, reduce costs, finalize contracts by the beginning of the fiscal year, and require States to promptly make payments for services delivered before the period at the end. (e) Statement of goals and objectives Section 24712(f) of title 49, United States Code, is amended— (1) in paragraph (1), by inserting , and review and update, as necessary, after shall develop ; (2) in paragraph (2), by striking Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Committee shall transmit the statement and inserting As applicable, based on updates, the Committee shall submit an updated statement ; and (3) by adding at the end the following: (3) Sense of Congress It is the sense of Congress that— (A) the Committee shall be the forum where Amtrak and the States collaborate on the planning, improvement, and development of corridor routes across the National Network; and (B) such collaboration should include regular consultation with interstate rail compact parties and other regional planning organizations that address passenger rail. . (f) Other reforms related to State-Supported routes Section 24712 of title 49, United States Code, as amended by subsections (a) through (e), is further amended— (1) by redesignating subsections (g) and (h) as subsections (k) and (l), respectively; and (2) by inserting after subsection (f) the following: (g) New State-Supported routes (1) Consultation In developing a new State-supported route, Amtrak shall consult with— (A) the State or States and local municipalities through which such new service would operate; (B) commuter authorities and regional transportation authorities in the areas that would be served by the planned route; (C) host railroads; (D) the Administrator of the Federal Railroad Administration; and (E) other stakeholders, as appropriate. (2) State commitments Notwithstanding any other provision of law, before beginning construction necessary for, or beginning operation of, a State-supported route that is initiated on or after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , Amtrak shall enter into a memorandum of understanding, or otherwise secure an agreement, with each State in which such route will operate for sharing— (A) ongoing operating costs and capital costs in accordance with the cost methodology policy referred to in subsection (a)(7) then in effect; or (B) ongoing operating costs and capital costs in accordance with the maximum funding limitations described in section 22908(e). (3) Application of terms In this subsection, the terms capital costs and operating costs shall apply in the same manner as such terms apply under the cost methodology policy developed pursuant to subsection (a)(7). (h) Cost methodology policy update implementation report Not later than 18 months after the updated cost methodology policy required under subsection (a)(7)(B) is implemented, the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that assesses the implementation of the updated policy. (i) Identification of State-Supported route changes Amtrak shall— (1) not later than 120 days before the submission of the general and legislative annual report required under section 24315(b), consult with the Committee and any additional States through which a State-supported route may operate regarding any proposed changes to such route; and (2) include in such report an update of any planned or proposed changes to State-supported routes, including the introduction of new State-supported routes, including— (A) the timeframe in which such changes would take effect; and (B) whether Amtrak has entered into commitments with the affected States pursuant subsection (g)(2). (j) Economic analysis Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that— (1) describes the role of the State-supported routes in economic development; and (2) examines the impacts of the State-supported routes on local station areas, job creation, transportation efficiency, State economies, and the national economy. . 2212. Enhancing cross border service (a) In general Not later than 1 year after the date of enactment of this Act, Amtrak, after consultation with the Secretary, the Secretary of Homeland Security, relevant State departments of transportation, Canadian governmental agencies and entities, and owners of the relevant rail infrastructure and facilities, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding enhancing Amtrak passenger rail service between the United States and Canada that— (1) identifies challenges to Amtrak operations in Canada, including delays associated with custom and immigration inspections in both the United States and Canada; and (2) includes recommendations to improve such cross border service, including the feasibility of and costs associated with a preclearance facility or facilities. (b) Assistance and support The Secretary, the Secretary of State, and the Secretary of Homeland Security may provide assistance and support requested by Amtrak that is necessary to carry out this section, as determined appropriate by the respective Secretary. 2213. Creating quality jobs Section 121 of the Amtrak Reform and Accountability Act of 1997 ( 49 U.S.C. 24312 note) is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: (d) Furloughed work Amtrak may not contract out work within the classification of work performed by an employee in a bargaining unit covered by a collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees during the period such employee has been laid off and has not been recalled to perform such work. (e) Agreement prohibitions on contracting out This section does not— (1) supersede a prohibition or limitation on contracting out work covered by an agreement entered into between Amtrak and an organization representing Amtrak employees; or (2) prohibit Amtrak and an organization representing Amtrak employees from entering into an agreement that allows for contracting out the work of a furloughed employee that would otherwise be prohibited under subsection (d). . C Intercity passenger rail policy 2301. Northeast Corridor planning Section 24904 of title 49, United States Code, is amended— (1) by striking subsections (a) and (d); (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (3) by inserting before subsection (c), as redesignated, the following: (a) Northeast Corridor service development plan (1) In general Not later than March 31, 2022, the Northeast Corridor Commission established under section 24905 (referred to in this section as the Commission ) shall submit a service development plan to Congress. (2) Contents The plan required under paragraph (1) shall— (A) identify key state-of-good-repair, capacity expansion, and capital improvement projects planned for the Northeast Corridor; (B) provide a coordinated and consensus-based plan covering a 15-year period; (C) identify service objectives and the capital investments required to meet such objectives; (D) provide a delivery-constrained strategy that identifies— (i) capital investment phasing; (ii) an evaluation of workforce needs; and (iii) strategies for managing resources and mitigating construction impacts on operations; and (E) include a financial strategy that identifies funding needs and potential funding sources. (3) Updates The Commission shall update the service development plan not less frequently than once every 5 years. (b) Northeast Corridor capital investment plan (1) In general Not later than November 1 of each year, the Commission shall— (A) develop an annual capital investment plan for the Northeast Corridor; and (B) submit the capital investment plan to— (i) the Secretary of Transportation; (ii) the Committee on Commerce, Science, and Transportation of the Senate ; and (iii) the Committee on Transportation and Infrastructure of the House of Representatives . (2) Contents The plan required under paragraph (1) shall— (A) reflect coordination across the entire Northeast Corridor; (B) integrate the individual capital plans developed by Amtrak, States, and commuter authorities in accordance with the cost allocation policy developed and approved under section 24905(c); (C) cover a period of 5 fiscal years, beginning with the fiscal year during which the plan is submitted; (D) notwithstanding section 24902(b), document the projects and programs being undertaken to advance the service objectives and capital investments identified in the Northeast Corridor service development plan developed under subsection (a), and the asset condition needs identified in the Northeast Corridor asset management plans, after considering— (i) the benefits and costs of capital investments in the plan; (ii) project and program readiness; (iii) the operational impacts; and (iv) Federal and non-Federal funding availability; (E) categorize capital projects and programs as primarily associated with 1 of the categories listed under section 24319(c)(2)(C); (F) identify capital projects and programs that are associated with more than 1 category described in subparagraph (E); and (G) include a financial plan that identifies— (i) funding sources and financing methods; (ii) the status of cost sharing agreements pursuant to the cost allocation policy developed under section 24905(c); (iii) the projects and programs that the Commission expects will receive Federal financial assistance; and (iv) the eligible entity or entities that the Commission expects— (I) to receive the Federal financial assistance referred to in clause (iii); and (II) to implement each capital project. (3) Review and coordination The Commission shall require that the information described in paragraph (2) be submitted in a timely manner to allow for a reasonable period of review by, and coordination with, affected agencies before the Commission submits the capital investment plan pursuant to paragraph (1). ; (4) in subsection (c), as redesignated, by striking spent only on— and all that follows and inserting spent only on capital projects and programs contained in the Commission’s capital investment plan for the prior fiscal year. ; and (5) by amending subsection (d), as redesignated, to read as follows: (d) Northeast Corridor capital asset management system (1) In general Amtrak and other infrastructure owners that provide or support intercity rail passenger transportation along the Northeast Corridor shall develop an asset management system and use and update such system, as necessary, to develop submissions to the Northeast Corridor capital investment plan described in subsection (b). (2) Features The system required under paragraph (1) shall develop submissions that— (A) are consistent with the transit asset management system (as defined in section 5326(a)(3)); and (B) include— (i) an inventory of all capital assets owned by the developer of the plan; (ii) an assessment of condition of such capital assets; (iii) a description of the resources and processes that will be necessary to bring or to maintain such capital assets in a state of good repair; and (iv) a description of changes in the condition of such capital assets since the submission of the prior version of the plan. . 2302. Northeast Corridor Commission Section 24905 of title 49, United States Code, is amended— (1) in subsection (a)(1)(D), by inserting authorities after carriers ; (2) in subsection (b)(3)(B)— (A) in clause (i)— (i) by inserting , including ridership trends, after transportation ; and (ii) by striking and at the end; (B) in clause (ii)— (i) by inserting first year of the after the delivery of the ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iii) progress in assessing and eliminating the state-of-good-repair backlog. ; (3) in subsection (c)— (A) in paragraph (1)— (i) in the paragraph heading, by striking Development of policy and inserting Policy ; (ii) in subparagraph (A), by striking develop a standardized policy and inserting develop and maintain the standardized policy first approved on September 17, 2015, and update, as appropriate, ; (iii) by amending subparagraph (B) to read as follows: (B) develop timetables for implementing and maintaining the policy; ; (iv) in subparagraph (C), by striking the policy and the timetable and inserting updates to the policy and timetables ; and (v) by amending subparagraph (D) to read as follows: (D) support the efforts of the members of the Commission to implement the policy in accordance with the timetables developed pursuant to subparagraph (B); ; (B) by amending paragraph (2) to read as follows: (2) Implementation (A) In general In accordance with the timetables developed pursuant to paragraph (1)(B), Amtrak and commuter authorities on the Northeast Corridor shall implement the policy developed under paragraph (1) in their agreements for usage of facilities or services. (B) Effect of failure to implement or comply with policy If the entities referred to in subparagraph (A) fail to implement the policy in accordance with paragraph (1)(D) or fail to comply with the policy thereafter, the Surface Transportation Board shall— (i) determine the appropriate compensation in accordance with the procedures and procedural schedule applicable to a proceeding under section 24903(c), after taking into consideration the policy developed under paragraph (1); and (ii) enforce its determination on the party or parties involved. ; and (C) in paragraph (4), by striking public authorities providing commuter rail passenger transportation and inserting commuter authorities ; and (4) in subsection (d)— (A) by striking 2016 through 2020 and inserting 2022 through 2026 ; and (B) by striking section 11101(g) of the Passenger Rail Reform and Investment Act of 2015 and inserting section 101(e) of the Passenger Rail Expansion and Rail Safety Act of 2021 . 2303. Consolidated rail infrastructure and safety improvements (a) In general Section 22907 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting (including the District of Columbia) after State ; (B) in paragraph (6), by inserting rail carrier and intercity rail passenger transportation are before defined ; (C) by redesignating paragraphs (8) through (11) as paragraphs (10) through (13), respectively; and (D) by inserting after paragraph (7) the following: (8) An association representing 1 or more railroads described in paragraph (7). ; (9) A federally recognized Indian Tribe. ; (2) in subsection (c)— (A) in paragraph (3), by adding or safety after congestion ; (B) in paragraph (6), by striking and and inserting or ; (C) by redesignating paragraphs (11) and (12) as paragraphs (12) and (13), respectively; (D) by inserting after paragraph (10) the following: (11) The development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities. ; and (E) by inserting after paragraph (13), as redesignated, the following: (14) Research, development, and testing to advance and facilitate innovative rail projects, including projects using electromagnetic guideways in an enclosure in a very low-pressure environment. (15) The preparation of emergency plans for communities through which hazardous materials are transported by rail. ; and (3) in subsection (h), by adding at the end the following: (4) Grade crossing and trespassing projects Applicants may use costs incurred previously for preliminary engineering associated with highway-rail grade crossing improvement projects under subsection (c)(5) and trespassing prevention projects under subsection (c)(11) to satisfy the non-Federal share requirements. . (b) Rule of construction The amendments made by subsection (a) may not be construed to affect any grant, including any application for a grant, made under section 22907 of title 49, United States Code, before the date of enactment of this Act. (c) Technical correction (1) In general Section 22907(l)(1)(A) of title 49, United States Code, is amended by inserting , including highway construction over rail facilities as an alternative to construction or improvement of a highway-rail grade crossing, after under chapter 227 . (2) Applicability The amendment made by paragraph (1) shall apply to amounts remaining under section 22907(l) of title 49, United States Code, from appropriations for prior fiscal years. 2304. Restoration and enhancement grants Section 22908 of title 49, United States Code, is amended— (1) by amending subsection (a) to read as follows: (a) Definitions In this section: (1) Applicant Notwithstanding section 22901(1), the term applicant means— (A) a State, including the District of Columbia; (B) a group of States; (C) an entity implementing an interstate compact; (D) a public agency or publicly chartered authority established by 1 or more States; (E) a political subdivision of a State; (F) a federally recognized Indian Tribe; (G) Amtrak or another rail carrier that provides intercity rail passenger transportation; (H) any rail carrier in partnership with at least 1 of the entities described in subparagraphs (A) through (F); and (I) any combination of the entities described in subparagraphs (A) through (F). (2) Operating assistance The term operating assistance , with respect to any route subject to section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 ), means any cost allocated, or that may be allocated, to a route pursuant to the cost methodology established under such section or under section 24712. ; (2) in subsection (c)(3), by striking 3 years each place such term appears and inserting 6 years ; (3) in subsection (d)— (A) in paragraph (8), by striking and ; (B) in paragraph (9), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (10) for routes selected under the Corridor Identification and Development Program and operated by Amtrak. ; and (4) in subsection (e)— (A) in paragraph (1)— (i) by striking assistance ; and (ii) by striking 3 years and inserting 6 years (including for any such routes selected for funding before the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 ) ; and (B) in paragraph (3), by striking subparagraphs (A), (B), and (C) and inserting the following: (A) 90 percent of the projected net operating costs for the first year of service; (B) 80 percent of the projected net operating costs for the second year of service; (C) 70 percent of the projected net operating costs for the third year of service; (D) 60 percent of the projected net operating costs for the fourth year of service; (E) 50 percent of the projected net operating costs for the fifth year of service; and (F) 30 percent of the projected net operating costs for the sixth year of service. . 2305. Railroad Crossing Elimination Program (a) In general Chapter 229 of title 49, United States Code, is amended by adding at the end the following: 22909. Railroad Crossing Elimination Program (a) In general The Secretary of Transportation, in cooperation with the Administrator of the Federal Railroad Administration, shall establish a competitive grant program (referred to in this section as the Program ) under which the Secretary shall award grants to eligible recipients described in subsection (c) for highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods. (b) Goals The goals of the Program are— (1) to eliminate highway-rail grade crossings that are frequently blocked by trains; (2) to improve the health and safety of communities; (3) to reduce the impacts that freight movement and railroad operations may have on underserved communities; and (4) to improve the mobility of people and goods. (c) Eligible recipients The following entities are eligible to receive a grant under this section: (1) A State, including the District of Columbia, Puerto Rico, and other United States territories and possessions. (2) A political subdivision of a State. (3) A federally recognized Indian Tribe. (4) A unit of local government or a group of local governments. (5) A public port authority. (6) A metropolitan planning organization. (7) A group of entities described in any of paragraphs (1) through (6). (d) Eligible projects The Secretary may award a grant under the Program for a highway-rail or pathway-rail grade crossing improvement project (including acquiring real property interests) involving— (1) grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof; (2) track relocation; (3) the improvement or installation of protective devices, signals, signs, or other measures to improve safety, provided that such activities are related to a separation or relocation project described in paragraph (1) or (2); (4) other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions); (5) a group of related projects described in paragraphs (1) through (4) that would collectively improve the mobility of people and goods; or (6) the planning, environmental review, and design of an eligible project described in paragraphs (1) through (5). (e) Application process (1) In general An eligible entity seeking a grant under the Program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Railroad approvals (A) In general Except as provided in subparagraph (B), the Secretary shall require applicants to obtain the necessary approvals from any impacted rail carriers or real property owners before proceeding with the construction of a project funded by a grant under the Program. (B) Exception The requirement under subparagraph (A) shall not apply to planning projects described in subsection (d)(6) if the applicant agrees to work collaboratively with rail carriers and right-of-way owners. (f) Project selection criteria (1) In general In awarding grants under the Program, the Secretary shall evaluate the extent to which proposed projects would— (A) improve safety at highway-rail or pathway-rail grade crossings; (B) grade separate, eliminate, or close highway-rail or pathway-rail grade crossings; (C) improve the mobility of people and goods; (D) reduce emissions, protect the environment, and provide community benefits, including noise reduction; (E) improve access to emergency services; (F) provide economic benefits; and (G) improve access to communities separated by rail crossings. (2) Additional considerations In awarding grants under the Program, the Secretary shall consider— (A) the degree to which the proposed project will use— (i) innovative technologies; (ii) innovative design and construction techniques; or (iii) construction materials that reduce greenhouse gas emissions; (B) the applicant’s planned use of contracting incentives to employ local labor, to the extent permissible under Federal law; (C) whether the proposed project will improve the mobility of— (i) multiple modes of transportation, including ingress and egress from freight facilities; or (ii) users of nonvehicular modes of transportation, such as pedestrians, bicyclists, and public transportation; (D) whether the proposed project is identified in— (i) the freight investment plan component of a State freight plan, as required under section 70202(b)(9); (ii) a State rail plan prepared in accordance with chapter 227; or (iii) a State highway-rail grade crossing action plan, as required under section 11401(b) of the Passenger Rail Reform and Investment Act of 2015 (title XI of Public Law 114–94 ); and (E) the level of financial support provided by impacted rail carriers. (3) Award distribution In selecting grants for Program funds in any fiscal year, the Secretary shall comply with the following limitations: (A) Grant funds Not less than 20 percent of the grant funds available for the Program in any fiscal year shall be reserved for projects located in rural areas or on Tribal lands. The requirement under section 22907(l), which applies to this section, shall not apply to grant funds reserved specifically under this subsection. (B) Planning grants Not less than 25 percent of the grant funds set aside for planning projects in any fiscal year pursuant to section 2104(b) of the Passenger Rail Expansion and Rail Safety Act of 2021 shall be awarded for projects located in rural areas or on tribal lands. (C) State limitation Not more than 20 percent of the grant funds available for the Program in any fiscal year may be selected for projects in any single State. (D) Minimum size No grant awarded under this section shall be for less than $1,000,000, except for a planning grant described in subsection (d)(6). (g) Cost share Except as provided in paragraph (2), the Federal share of the cost of a project carried out using a grant under the Program may not exceed 80 percent of the total cost of the project. Applicants may count costs incurred for preliminary engineering associated with highway-rail and pathway-rail grade crossing improvement projects as part of the total project costs. (h) Congressional notification Not later than 3 days before awarding a grant for a project under the Program, the Secretary shall submit written notification of the proposed grant to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives , which shall include— (1) a summary of the project; and (2) the amount of the proposed grant award. (i) Annual report Not later than 60 days after each round of award notifications, the Secretary shall post, on the public website of the Department of Transportation— (1) a list of all eligible applicants that submitted an application for funding under the Program during the current fiscal year; (2) a list of the grant recipients and projects that received grant funding under the Program during such fiscal year; and (3) a list of the proposed projects and applicants that were determined to be ineligible. (j) Defined term In this section, the term rural area means any area that is not within an area designated as an urbanized area by the Bureau of the Census. . (b) Clerical amendment The analysis for chapter 229 of title 49, United States Code, is amended by adding at the end the following: 22909. Railroad Crossing Elimination Program. . 2306. Interstate rail compacts (a) In general Chapter 229 of title 49, United States Code (as amended by section 2305(a)), is further amended by adding at the end the following: 22910. Interstate Rail Compacts Grant Program (a) Grants authorized The Secretary of Transportation shall establish a competitive grant program to provide financial assistance to entities implementing interstate rail compacts pursuant to section 410 of the Amtrak Reform and Accountability Act of 1997 ( 49 U.S.C. 24101 note) for— (1) costs of administration; (2) systems planning, including studying the impacts on freight rail operations and ridership; (3) promotion of intercity passenger rail operation; (4) preparation of applications for competitive Federal grant programs; and (5) operations coordination. (b) Maximum amount The Secretary may not award a grant under this section in an amount exceeding $1,000,000 per year. (c) Selection criteria In selecting a recipient of a grant for an eligible project under this section, the Secretary shall consider— (1) the amount of funding received (including funding from a rail carrier (as defined in section 24102) or other participation by State, local, and regional governments and the private sector; (2) the applicant’s work to foster economic development through rail service, particularly in rural communities; (3) whether the applicant seeks to restore service over routes formerly operated by Amtrak, including routes described in section 11304(a) of the Passenger Rail Reform and Investment Act of 2015 (title XI of division A of Public Law 114–94 ); (4) the applicant’s dedication to providing intercity passenger rail service to regions and communities that are underserved or not served by other intercity public transportation; (5) whether the applicant is enhancing connectivity and geographic coverage of the existing national network of intercity passenger rail service; (6) whether the applicant prepares regional rail or corridor service development plans and corresponding environmental analysis; and (7) whether the applicant has engaged with appropriate government entities and transportation providers to identify projects necessary to enhance multimodal connections or facilitate service integration between rail service and other modes, including between intercity passenger rail service and intercity bus service or commercial air service. (d) Numerical limitation The Secretary may not award grants under this section for more than 10 interstate rail compacts in any fiscal year. (e) Operator limitation The Secretary may only award grants under this section to applicants with eligible expenses related to intercity passenger rail service to be operated by Amtrak. (f) Non-Federal match The Secretary shall require each recipient of a grant under this section to provide a non-Federal match of not less than 50 percent of the eligible expenses of carrying out the interstate rail compact under this section. (g) Report Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , the Secretary, after consultation with grant recipients under this section, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes— (1) the implementation of this section; (2) the status of the planning efforts and coordination funded by grants awarded under this section; (3) the plans of grant recipients for continued implementation of the interstate rail compacts; (4) the status of, and data regarding, any new, restored, or enhanced rail services initiated under the interstate rail compacts; and (5) any legislative recommendations. . (b) Clerical amendment The analysis for chapter 229 of title 49, United States Code (as amended by section 2305(b)), is amended by adding at the end the following: 22910. Interstate Rail Compacts Grant Program. . (c) Identification Section 410 of the Amtrak Reform and Accountability Act of 1997 ( Public Law 105–134 ; 49 U.S.C. 24101 note) is amended— (1) in subsection (b)(2), by striking (except funds made available for Amtrak) ; and (2) by adding at the end the following: (c) Notification requirement Any State that enters into an interstate compact pursuant to subsection (a) shall notify the Secretary of Transportation of such compact not later than 60 days after it is formed. The failure of any State to notify the Secretary under this subsection shall not affect the status of the interstate compact. (d) Interstate rail compacts program The Secretary of Transportation shall— (1) make available on a publicly accessible website a list of interstate rail compacts established under subsection (a) before the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 and interstate rail compacts established after such date; and (2) make information regarding interstate rail compacts available to the public, including how States may establish interstate rail compacts under subsection (a), and update such information, as necessary. . 2307. Federal-State partnership for intercity passenger rail grants (a) In general Section 24911 of title 49, United States Code, is amended— (1) in the section heading, by striking for state of good repair and inserting for intercity passenger rail ; (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (F), by striking or at the end; (ii) by redesignating subsection (G) as subsection (H); (iii) by inserting after subparagraph (F), the following: (G) A federally recognized Indian Tribe; or ; and (iv) in subsection (H), as redesignated, by striking (F) and inserting (G) ; (B) by striking paragraphs (2) and (5); and (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (3) in subsection (b), by striking with respect to qualified railroad assets and inserting , improve performance, or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service if an eligible applicant is involved; ; (4) by striking subsections (c) through (e) and inserting the following: (c) Eligible projects The following capital projects, including acquisition of real property interests, are eligible to receive grants under this section: (1) A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity passenger rail service to bring such assets into a state of good repair. (2) A project to improve intercity passenger rail service performance, including reduced trip times, increased train frequencies, higher operating speeds, improved reliability, expanded capacity, reduced congestion, electrification, and other improvements, as determined by the Secretary. (3) A project to expand or establish new intercity passenger rail service. (4) A group of related projects described in paragraphs (1) through (3). (5) The planning, environmental studies, and final design for a project or group of projects described in paragraphs (1) through (4). (d) Project selection criteria In selecting a project for funding under this section— (1) for projects located on the Northeast Corridor, the Secretary shall— (A) make selections consistent with the Northeast Corridor Project Inventory published pursuant to subsection (e)(1), unless when necessary to address materially changed infrastructure or service conditions, changes in project sponsor capabilities or commitments, or other significant changes since the completion of the most recently issued Northeast Corridor Project Inventory; and (B) for projects that benefit intercity and commuter rail services, only make such selections when Amtrak and the public authorities providing commuter rail passenger transportation at the eligible project location— (i) are in compliance with section 24905(c)(2); (ii) have identified the intercity passenger rail share of the eligible project; and (iii) identify funding for the commuter rail share of the non-Federal share of the project before the commencement of the project; (2) for projects not located on the Northeast Corridor, the Secretary shall— (A) give preference to eligible projects— (i) for which Amtrak is not the sole applicant; (ii) that improve the financial performance reliability, service frequency, or address the state of good repair of an Amtrak route; and (iii) that are identified in, and consistent with, a corridor inventory prepared under the Corridor Identification and Development Program pursuant to section 25101; and (B) take into account— (i) the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project, including— (I) effects on system and service performance, including as measured by applicable metrics set forth in part 273 of title 49, Code of Federal Regulations; (II) effects on safety, competitiveness, reliability, trip or transit time, greenhouse gas emissions, and resilience; (III) efficiencies from improved connections with other modes; and (IV) ability to meet existing or anticipated demand; (ii) the degree to which the proposed project’s business plan considers potential private sector participation in the financing, construction, or operation of the proposed project; (iii) the applicant’s past performance in developing and delivering similar projects, and previous financial contributions; (iv) whether the applicant has, or will have— (I) the legal, financial, and technical capacity to carry out the project; (II) satisfactory continuing access to the equipment or facilities; and (III) the capability and willingness to maintain the equipment or facilities; (v) if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or otherwise required by law; and (vi) any other relevant factors, as determined by the Secretary; and (3) the Secretary shall reserve— (A) not less than 45 percent of the amounts appropriated for grants under this section for projects not located along the Northeast Corridor, of which not less than 20 percent shall be for projects that benefit (in whole or in part) a long-distance route; and (B) not less than 45 percent of the amounts appropriated for grants under this section for projects listed on the Northeast Corridor project inventory published pursuant to subsection (e)(1). (e) Long-Term planning Not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , and every 2 years thereafter, the Secretary shall create a predictable project pipeline that will assist Amtrak, States, and the public with long-term capital planning by publishing a Northeast Corridor project inventory that— (1) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels under this section; (2) specifies the order in which the Secretary will provide grant funding to projects that have identified sponsors and are located along the Northeast Corridor, including a method and plan for apportioning funds to project sponsors for the 2-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects in accordance with the anticipated schedule; (3) takes into consideration the appropriate sequence and phasing of projects described in the Northeast Corridor capital investment plan developed pursuant to section 24904(a); (4) is consistent with the most recent Northeast Corridor service development plan update described in section 24904(d); (5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary; and (6) is developed in consultation with the Northeast Corridor Commission and the owners of Northeast Corridor infrastructure and facilities. ; (5) in subsection (f)(2), by inserting , except as specified under paragraph (4) after 80 percent ; (6) in subsection (g)— (A) in the subsection heading, by inserting ; phased funding agreements after intent ; (B) in paragraph (1)— (i) in the paragraph heading, by striking In general and inserting Letters of intent ; and (ii) by striking shall, to the maximum extent practicable, and inserting may ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: (2) Phased funding agreements (A) In general The Secretary may enter into a phased funding agreement with an applicant if— (i) the project is highly rated, based on the evaluations and ratings conducted pursuant to this section and the applicable notice of funding opportunity; and (ii) the Federal assistance to be provided for the project under this section is more than $80,000,000. (B) Terms A phased funding agreement shall— (i) establish the terms of participation by the Federal Government in the project; (ii) establish the maximum amount of Federal financial assistance for the project; (iii) include the period of time for completing the project, even if such period extends beyond the period for which Federal financial assistance is authorized; (iv) make timely and efficient management of the project easier in accordance with Federal law; and (v) if applicable, specify when the process for complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and related environmental laws will be completed for the project. (C) Special financial rules (i) In general A phased funding agreement under this paragraph obligates an amount of available budget authority specified in law and 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. (ii) Statement of contingent commitment The agreement shall state that the contingent commitment is not an obligation of the Government. (iii) Interest and other financing costs Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a phased funding 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. The applicant shall certify, to the satisfaction of the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. (iv) Failure to carry out project If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the phased funding agreement. For purposes of this clause, a process for complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) that results in the selection of the no build alternative is not within the applicant’s control. (v) Crediting of funds received Any funds received by the Government under this paragraph, except for interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived. ; (E) in paragraph (3), as redesignated— (i) in subparagraph (A), in the matter preceding clause (i), by inserting a phased funding agreement under paragraph (2) or after issuing ; and (ii) in subparagraph (B)(i), by inserting the phased funding agreement or after a copy of ; and (F) in paragraph (4), as redesignated— (i) by striking An obligation and inserting the following: (B) Appropriations required An obligation ; and (ii) by inserting before subparagraph (B), as added by clause (i), the following: (A) In general The Secretary may enter into phased funding agreements under this subsection that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate. ; and (7) by adding at the end the following: (j) Annual report on phased funding agreements and letters of intent Not later than the first Monday in February of each year, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate , the Committee on Appropriations of the Senate , the Committee on Transportation and Infrastructure of the House of Representatives , and the Committee on Appropriations of the House of Representatives that includes— (1) a proposal for the allocation of amounts to be available to finance grants for projects under this section among applicants for such amounts; (2) evaluations and ratings, as applicable, for each project that has received a phased funding agreement or a letter of intent; and (3) recommendations for each project that has received a phased funding agreement or a letter of intent for funding based on the evaluations and ratings, as applicable, and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary. (k) Regional planning guidance corridor planning The Secretary may withhold up to 5 percent of the total amount made available to carry out this section to carry out planning and development activities related to section 25101, including— (1) providing funding to public entities for the development of corridor development plans selected under the Corridor Identification and Development Program; (2) facilitating and providing guidance for intercity passenger rail systems planning; (3) providing funding for the development and refinement of intercity passenger rail systems planning analytical tools and models; and (4) providing funding to public entities for the development of corridor development plans selected under the Corridor Identification and Development Program. . (b) Clerical amendment The analysis for chapter 249 of title 49, United States Code, is amended by striking the item relating to section 24911 and inserting the following: 24911. Federal-State partnership for intercity passenger rail. . 2308. Corridor Identification and Development Program (a) In general Part C of subtitle V of title 49, United States Code, is amended by adding at the end the following: 251 Passenger rail planning Sec. 25101. Corridor Identification and Development Program. 25101. Corridor Identification and Development Program (a) In general Not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , the Secretary of Transportation shall establish a program to facilitate the development of intercity passenger rail corridors. The program shall include— (1) a process for eligible entities described in subsection (b) to submit proposals for the development of intercity passenger rail corridors; (2) a process for the Secretary to review and select proposals in accordance with subsection (c); (3) criteria for determining the level of readiness for Federal financial assistance of an intercity passenger rail corridor, which shall include— (A) identification of a service operator which may include Amtrak or private rail carriers; (B) identification of a service sponsor or sponsors; (C) identification capital project sponsors; (D) engagement with the host railroads; and (E) other criteria as determined appropriate by the Secretary; (4) a process for preparing service development plans in accordance with subsection (d), including the identification of planning funds, such as funds made available under section 24911(k) and interstate rail compact grants established under section 22210; (5) the creation of a pipeline of intercity passenger rail corridor projects under subsection (g); (6) planning guidance to achieve the purposes of this section, including guidance for intercity passenger rail corridors not selected under this section; and (7) such other features as the Secretary considers relevant to the successful development of intercity passenger rail corridors. (b) Eligible entities The Secretary may receive proposals under this section from Amtrak, States, groups of States, entities implementing interstate compacts, regional passenger rail authorities, regional planning organizations, political subdivisions of a State, federally recognized Indian Tribes, and other public entities, as determined by the Secretary. (c) Corridor selection In selecting intercity passenger rail corridors pursuant to subsection (a), the Secretary shall consider— (1) whether the route was identified as part of a regional or interregional intercity passenger rail systems planning study; (2) projected ridership, revenues, capital investment, and operating funding requirements; (3) anticipated environmental, congestion mitigation, and other public benefits; (4) projected trip times and their competitiveness with other transportation modes; (5) anticipated positive economic and employment impacts, including development in the areas near passenger stations, historic districts, or other opportunity zones; (6) committed or anticipated State, regional transportation authority, or other non-Federal funding for operating and capital costs; (7) benefits to rural communities; (8) whether the corridor is included in a State’s approved State rail plan developed pursuant to chapter 227; (9) whether the corridor serves historically unserved or underserved and low-income communities or areas of persistent poverty; (10) whether the corridor would benefit or improve connectivity with existing or planned transportation services of other modes; (11) whether the corridor connects at least 2 of the 100 most populated metropolitan areas; (12) whether the corridor would enhance the regional equity and geographic diversity of intercity passenger rail service; (13) whether the corridor is or would be integrated into the national rail passenger transportation system and whether the corridor would create benefits for other passenger rail routes and services; and (14) whether a passenger rail operator, including a private rail carrier, has expressed support for the corridor. (d) Service development plans For each corridor proposal selected for development under this section, the Secretary shall partner with the entity that submitted the proposal and relevant States to prepare a service development plan (or to update an existing service development plan), which shall include— (1) a detailed description of the proposed intercity passenger rail service, including train frequencies, peak and average operating speeds, and trip times; (2) a corridor project inventory that— (A) identifies the capital projects necessary to achieve the proposed intercity passenger rail service, including— (i) the capital projects for which Federal investment will be sought; (ii) the likely project applicants; and (iii) the proposed Federal funding levels; (B) specifies the order in which Federal funding will be sought for the capital projects identified under subparagraph (A), after considering the appropriate sequence and phasing of projects based on the anticipated availability of funds; and (C) is developed in consultation with the entities listed in subsection (e); (3) a schedule and any associated phasing of projects and related service initiation or changes; (4) project sponsors and other entities expected to participate in carrying out the plan; (5) a description of how the corridor would comply with Federal rail safety and security laws, orders, and regulations; (6) the locations of existing and proposed stations; (7) the needs for rolling stock and other equipment; (8) a financial plan identifying projected— (A) annual revenues; (B) annual ridership; (C) capital investments before service could be initiated; (D) capital investments required to maintain service; (E) annual operating and costs; and (F) sources of capital investment and operating financial support; (9) a description of how the corridor would contribute to the development of a multi-State regional network of intercity passenger rail; (10) an intermodal plan describing how the new or improved corridor facilitates travel connections with other passenger transportation services; (11) a description of the anticipated environmental benefits of the corridor; and (12) a description of the corridor’s impacts on highway and aviation congestion, energy consumption, land use, and economic development in the service area. (e) Consultation In partnering on the preparation of a service development plan under subsection (d), the Secretary shall consult with— (1) Amtrak; (2) appropriate State and regional transportation authorities and local officials; (3) representatives of employee labor organizations representing railroad and other appropriate employees; (4) host railroads for the proposed corridor; and (5) other stakeholders, as determined by the Secretary. (f) Updates If at least 40 percent of the work to implement a service development plan prepared under subsection (d) has not yet been completed, the plan’s sponsor, in consultation with the Secretary, shall determine whether such plan should be updated. (g) Project pipeline Not later than 1 year after the establishment of the program under this section, and by February 1st of each year thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate , the Committee on Appropriations of the Senate , and the Committee on Transportation and Infrastructure of the House of Representatives , and the Committee on Appropriations of the House of Representatives a project pipeline, in accordance with this section, that— (1) identifies intercity passenger rail corridors selected for development under this section; (2) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels, as applicable, consistent with the corridor project inventory; (3) specifies the order in which the Secretary would provide Federal financial assistance, subject to the availability of funds, to projects that have identified sponsors, including a method and plan for apportioning funds to project sponsors for a 5-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects on the anticipated schedule; (4) takes into consideration the appropriate sequence and phasing of projects described in the corridor project inventory; (5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary; (6) is prioritized based on the level of readiness of the corridor; and (7) reflects consultation with Amtrak. (h) Definition In this section, the term intercity passenger rail corridor means— (1) a new intercity passenger rail route of less than 750 miles; (2) the enhancement of an existing intercity passenger rail route of less than 750 miles; (3) the restoration of service over all or portions of an intercity passenger rail route formerly operated by Amtrak; or (4) the increase of service frequency of a long-distance intercity passenger rail route. . (b) Clerical amendment The table of chapters for subtitle V of title 49, United States Code, is amended by inserting after the item relating to chapter 249 the following: Chapter 251. Passenger rail planning 25101 . 2309. Surface Transportation Board Passenger Rail Program The Surface Transportation Board shall— (1) establish a passenger rail program with primary responsibility for carrying out the Board’s passenger rail responsibilities; and (2) hire up to 10 additional full-time employees to assist in carrying out the responsibilities referred to in paragraph (1). 2310. Railroad rights-of-way (a) Review The Comptroller General of the United States shall— (1) conduct a review of the exemption for railroad rights-of-way under section 306108 of title 54, United States Code, to determine whether and to what extent the exemption streamlines compliance with such section; and (2) quantify the efficiencies achieved by such exemption and the remaining inefficiencies. (b) Consultation In conducting the review pursuant to subsection (a), the Comptroller General shall consult with the Secretary, the Advisory Council on Historic Preservation, the National Conference of State Historic Preservation Officers, the National Association of Tribal Historic Preservation Officers, the Department of the Interior, and representatives of the railroad industry. (c) Recommendations Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that— (1) describes the results of the review conducted pursuant to subsection (a); and (2) includes recommendations for any regulatory or legislative amendments that may further streamline compliance with the requirements under section 306108 of title 54, United States Code, in a manner that is consistent with railroad safety and the policies and purposes of such section, including recommendations regarding— (A) the property based exemption; and (B) ways to improve the process, while ensuring that historical properties remain protected under such section. (d) Report to Congress Not later than 180 days after date of enactment of this Act, the Secretary and the Advisory Council on Historic Preservation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that addresses— (1) the recommendations received from the Comptroller General pursuant to subsection (c)(2); and (2) the actions that the Secretary will take to implement such recommendations. D Rail safety 2401. Railway-highway crossings program evaluation (a) In general The Secretary shall evaluate the requirements of the railway-highway crossings program authorized under section 130 of title 23, United States Code, to determine whether— (1) the requirements of the program provide States sufficient flexibility to adequately address current and emerging highway-rail grade crossing safety issues; (2) the structure of the program provides sufficient incentives and resources to States and local agencies to make changes at highway-rail grade crossings that are most effective at reducing deaths and injuries; (3) there are appropriate tools and resources to support States in using data driven programs to determine the most cost-effective use of program funds; and (4) any statutory changes are recommended to improve the effectiveness of the program. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate , the Committee on Environment and Public Works of the Senate , and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes and describes the results of the evaluation conducted pursuant to subsection (a), including any recommended statutory changes. 2402. Grade crossing accident prediction model Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall— (1) update the grade crossing accident prediction and severity model used by the Federal Railroad Administration to analyze accident risk at highway-rail grade crossings; and (2) provide training on the use of the updated grade crossing accident prediction and severity model. 2403. Periodic updates to highway-rail crossing reports and plans (a) Highway-Rail grade crossing safety Section 11401 of the Fixing America’s Surface Transportation Act ( Public Law 114–94 ; 49 U.S.C. 22907 note) is amended— (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (b) Reports on highway-Rail grade crossing safety (1) In general Chapter 201 of title 49, United States Code, is amended by inserting after section 20166 the following: 20167. Reports on highway-rail grade crossing safety (a) Report Not later than 4 years after the date by which States are required to submit State highway-rail grade crossing action plans under section 11401(b) of the Fixing America’s Surface Transportation Act ( 49 U.S.C. 22907 note), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the State highway-rail grade crossing action plans, including— (1) an analysis and evaluation of each State railway-highway crossings program under section 130 of title 23, including— (A) compliance with section 11401 of the Fixing America’s Surface Transportation Act and section 130(g) of title 23; and (B) the specific strategies identified by each State to improve safety at highway-rail grade crossings, including crossings with multiple accidents or incidents; (2) the progress of each State in implementing its State highway-rail grade crossings action plan; (3) the number of highway-rail grade crossing projects undertaken pursuant to section 130 of title 23, including the distribution of such projects by cost range, road system, nature of treatment, and subsequent accident experience at improved locations; (4) which States are not in compliance with their schedule of projects under section 130(d) of title 23; and (5) any recommendations for future implementation of the railway-highway crossings program under section 130 of title 23. (b) Updates Not later than 5 years after the submission of the report required under subsection (a), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall— (1) update the report based on the State annual reports submitted pursuant to section 130(g) of title 23 and any other information obtained by or available to the Administrator of the Federal Railroad Administration; and (2) submit the updated report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives . (c) Definitions In this section: (1) Highway-rail grade crossing The term highway-rail grade crossing means a location within a State, other than a location at which 1 or more railroad tracks cross 1 or more railroad tracks at grade, at which— (A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 or more railroad tracks, either at grade or grade-separated; or (B) a pathway explicitly authorized by a public authority or a railroad carrier that— (i) is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others; (ii) is not associated with a public highway, road, or street, or a private roadway; and (iii) crosses 1 or more railroad tracks, either at grade or grade-separated. (2) State The term State means a State of the United States or the District of Columbia. . (2) Clerical amendment The analysis for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20166 the following: 20167. Reports on highway-rail grade crossing safety. . (c) Annual report Section 130(g) of title 23, United States Code, is amended to read as follows: (g) Annual report (1) In general Not later than August 31 of each year, each State shall submit a report to the Administrator of the Federal Highway Administration that describes— (A) the progress being made to implement the railway-highway crossings program authorized under this section; and (B) the effectiveness of the improvements made as a result of such implementation. (2) Contents Each report submitted pursuant to paragraph (1) shall contain an assessment of— (A) the costs of the various treatments employed by the State to implement the railway-highway crossings program; and (B) the effectiveness of such treatments, as measured by the accident experience at the locations that received such treatments. (3) Coordination Not later than 30 days after the Federal Highway Administration’s acceptance of each report submitted pursuant to paragraph (1), the Administrator of the Federal Highway Administration shall make such report available to the Administrator of the Federal Railroad Administration. . 2404. Blocked crossing portal (a) In general The Administrator of the Federal Railroad Administration shall establish a 3-year blocked crossing portal, which shall include the maintenance of the portal and corresponding database to receive, store, and retrieve information regarding blocked highway-rail grade crossings. (b) Blocked crossing portal The Administrator of the Federal Railroad Administration shall establish a blocked crossing portal that— (1) collects information from the public, including first responders, regarding blocked highway-rail grade crossing events; (2) solicits the apparent cause of the blocked crossing and provides examples of common causes of blocked crossings, such as idling trains or instances when lights or gates are activated when no train is present; (3) provides each complainant with the contact information for reporting a blocked crossing to the relevant railroad; and (4) encourages each complainant to report the blocked crossing to the relevant railroad. (c) Complaints The blocked crossing portal shall be programmed to receive complaints from the general public about blocked highway-rail grade crossings. Any complaint reported through the portal shall indicate whether the complainant also reported the blocked crossing to the relevant railroad. (d) Information received In reviewing complaints received pursuant to subsection (c), the Federal Railroad Administration shall review, to the extent practicable, the information received from the complainant to account for duplicative or erroneous reporting. (e) Use of information The information received and maintained in the blocked crossing portal database shall be used by the Federal Railroad Administration— (1) to identify frequent and long-duration blocked highway-rail grade crossings; (2) as a basis for conducting outreach to communities, emergency responders, and railroads; (3) to support collaboration in the prevention of incidents at highway-rail grade crossings; and (4) to assess the impacts of blocked crossings. (f) Sharing information received (1) In general The Administrator of the Federal Railroad Administration shall implement and make publicly available procedures for sharing any nonaggregated information received through the blocked crossing portal with the public. (2) Rule of construction Nothing in this section may be construed to authorize the Federal Railroad Administration to make publically available sensitive security information. (g) Additional information If the information submitted to the blocked crossing portal is insufficient to determine the locations and potential impacts of blocked highway-rail grade crossings, the Federal Railroad Administration may collect, from the general public, State and local law enforcement personnel, and others as appropriate, such additional information as may be necessary to make such determinations. (h) Limitations Complaints, data, and other information received through the blocked crossing portal may not be used— (1) to infer or extrapolate the rate or instances of crossings beyond the data received through the portal; or (2) for any regulatory or enforcement purposes except those specifically described in this section. (i) Reports (1) Annual public report The Administrator of the Federal Railroad Administration shall publish an annual report on a public website regarding the blocked crossing program, including the underlying causes of blocked crossings, program challenges, and other findings. (2) Report to Congress Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes— (A) based on the information received through the blocked crossing portal, frequent and long-duration blocked highway-rail grade crossings, including the locations, dates, durations, and impacts resulting from such occurrences; (B) the Federal Railroad Administration’s process for verifying the accuracy of the complaints submitted to the blocked crossing portal, including whether the portal continues to be effective in collecting such information and identifying blocked crossings; (C) the Federal Railroad Administration’s use of the data compiled by the blocked crossing portal to assess the underlying cause and overall impacts of blocked crossings; (D) the engagement of the Federal Railroad Administration with affected parties to identify and facilitate solutions to frequent and long-duration blocked highway-rail grade crossings identified by the blocked crossing portal; and (E) whether the blocked crossing portal continues to be an effective method to collect blocked crossing information and what changes could improve its effectiveness. (j) Sunset This section (other than subsection (k)) shall have no force or effect beginning on the date that is 3 years after the date of enactment of this Act. (k) Rule of construction Nothing in this section may be construed to invalidate any authority of the Secretary with respect to blocked highway-rail grade crossings. The Secretary may continue to use any such authority after the sunset date set forth in subsection (j). 2405. Data accessibility (a) Review Not later than 180 days after the date of enactment of this Act, the Chief Information Officer of the Department shall— (1) conduct a review of the website of the Office of Safety Analysis of the Federal Railroad Administration; and (2) provide recommendations to the Secretary for improving the public’s usability and accessibility of the website referred to in paragraph (1). (b) Updates Not later than 1 year after receiving recommendations from the Chief Information Officer pursuant to subsection (a)(2), the Secretary, after considering such recommendations, shall update the website of the Office of Safety Analysis of the Federal Railroad Administration to improve the usability and accessibility of the website. 2406. Emergency lighting Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a rulemaking to require that all rail carriers providing intercity passenger rail transportation or commuter rail passenger transportation (as such terms are defined in section 24102 of title 49, United States Code), develop and implement periodic inspection plans to ensure that passenger equipment offered for revenue service complies with the requirements under part 238 of title 49, Code of Federal Regulations, including ensuring that, in the event of a loss of power, there is adequate emergency lighting available to allow passengers, crew members, and first responders— (1) to see and orient themselves; (2) to identify obstacles; (3) to safely move throughout the rail car; and (4) to evacuate safely. 2407. Comprehensive rail safety review of Amtrak (a) Comprehensive safety assessment Not later than 1 year after the date of enactment of this Act, the Secretary shall— (1) conduct a focused review of Amtrak’s safety-related processes and procedures, compliance with safety regulations and requirements, and overall safety culture; and (2) submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes the findings and recommendations resulting from such assessment. (b) Plan (1) Initial plan Not later than 6 months after the completion of the comprehensive safety assessment under subsection (a)(1), Amtrak shall submit a plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for addressing the findings and recommendations raised in the comprehensive safety assessment. (2) Annual updates Amtrak shall submit annual updates of its progress toward implementing the plan submitted pursuant to paragraph (1) to the committees listed in such paragraph. 2408. Completion of hours of service and fatigue studies (a) In general Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall commence the pilot programs required under subparagraphs (A) and (B) of section 21109(e)(1) of title 49, United States Code. (b) Consultation The Federal Railroad Administration shall consult with the class or craft of employees impacted by the pilot projects, including railroad carriers, and representatives of labor organizations representing the impacted employees when designing and conducting the pilot programs referred to in subsection (a). (c) Report If the pilot programs required under section 21109(e)(1) of title 49, United States Code, have not commenced on the date that is 1 year and 120 days after the date of enactment of this Act, the Secretary, not later than 30 days after such date, submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes— (1) the status of such pilot programs; (2) actions that the Federal Railroad Administration has taken to commence the pilot programs, including efforts to recruit participant railroads; (3) any challenges impacting the commencement of the pilot programs; and (4) any other details associated with the development of the pilot programs that affect progress toward meeting the mandate under such section 21109(e)(1). 2409. Positive train control study (a) Study The Comptroller General of the United States shall conduct a study to determine the annual positive train control system operation and maintenance costs for public commuter railroads. (b) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the study conducted pursuant to subsection (a), including the estimated annual positive train control system operation and maintenance costs for public commuter railroads. 2410. Operating crew member training, qualification, and certification (a) Audits Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate audits of the training, qualification, and certification programs of locomotive engineers and conductors of railroad carriers, subject to the requirements of parts 240 and 242 of title 49, Code of Federal Regulations, which audits shall— (1) be conducted in accordance with subsection (b); (2) consider whether such programs are in compliance with such parts 240 and 242; (3) assess the type and content of training that such programs provide locomotive engineers and conductors, relevant to their respective roles, including training related to installed technology; (4) determine whether such programs provide locomotive engineers and conductors the knowledge, skill, and ability to safely operate a locomotive or train, consistent with such parts 240 and 242; (5) determine whether such programs reflect the current operating practices of the railroad carrier; (6) assess the current practice by which railroads utilize simulator training, or any other technologies used to train and qualify locomotive engineers and conductors by examining how such technologies are used; (7) consider international experience and practice using similar technology, as appropriate, particularly before qualifying locomotive engineers on new or unfamiliar equipment, new train control, diagnostics, or other on-board technology; (8) assess the current practice for familiarizing locomotive engineers and conductors with new territory and using recurrency training to expose such personnel to normal and abnormal conditions; and (9) ensure that locomotive engineers and conductor training programs are considered separately, as appropriate, based on the unique requirements and regulations. (b) Audit scheduling The Secretary shall— (1) schedule the audits required under subsection (a) to ensure that— (A) each Class I railroad, including the National Railroad Passenger Corporation and other intercity passenger rail providers, is audited not less frequently than once every 5 years; and (B) a select number, as determined appropriate by the Secretary, of Class II and Class III railroads, along with other railroads providing passenger rail service that are not included in subparagraph (A), are audited annually; and (2) conduct the audits described in paragraph (1)(B) in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note) and appendix C of part 209 of title 49, Code of Federal Regulations. (c) Updates to qualification and certification program If the Secretary, while conducting the audits required under this section, identifies a deficiency in a railroad’s training, qualification, and certification program for locomotive engineers or conductors, the railroad shall update the program to eliminate such deficiency. (d) Consultation and cooperation (1) Consultation In conducting any audit required under this section, the Secretary shall consult with the railroad and its employees, including any nonprofit employee labor organization representing the engineers or conductors of the railroad. (2) Cooperation The railroad and its employees, including any nonprofit employee labor organization representing engineers or conductors of the railroad, shall fully cooperate with any such audit, including by— (A) providing any relevant documents requested; and (B) making available any employees for interview without undue delay or obstruction. (3) Failure to cooperate If the Secretary determines that a railroad or any of its employees, including any nonprofit employee labor organization representing engineers or conductors of the railroad is not fully cooperating with an audit, the Secretary shall electronically notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives . (e) Review of regulations The Secretary shall triennially determine whether any update to part 240 or 242 of title 49, Code of Federal Regulations, is necessary to better prepare locomotive engineers and conductors to safely operate trains by evaluating whether such regulations establish appropriate Federal standards requiring railroads— (1) to provide locomotive engineers or conductors the knowledge and skills to safely operate trains under conditions that reflect industry practices; (2) to adequately address locomotive engineer or conductor route situational awareness, including ensuring locomotive engineers and conductors to demonstrate knowledge on the physical characteristics of a territory under various conditions and using various resources; (3) to provide relevant and adequate hands-on training before a locomotive engineer or conductor is certified; (4) to adequately prepare locomotive engineers or conductors to understand relevant locomotive operating characteristics, to include instructions on functions they are required to operate on any installed technology; and (5) to address any other safety issue that the Secretary determines to be appropriate for better preparing locomotive engineers or conductors. (f) Annual report The Secretary shall publish an annual report on the public website of the Federal Railroad Administration that— (1) summarizes the findings of the prior year’s audits; (2) summarizes any updates made pursuant to subsection (c); and (3) excludes and confidential business information or sensitive security information. 2411. Transparency and safety Section 20103(d) of title 49, United States Code, is amended to read as follows: (d) Nonemergency waivers (1) In general The Secretary of Transportation may waive, or suspend the requirement to comply with, any part of a regulation prescribed or an order issued under this chapter if such waiver or suspension is in the public interest and consistent with railroad safety. (2) Notice required The Secretary shall— (A) provide timely public notice of any request for a waiver under this subsection or for a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations; (B) make available the application for such waiver or suspension and any nonconfidential underlying data to interested parties; (C) provide the public with notice and a reasonable opportunity to comment on a proposed waiver or suspension under this subsection before making a final decision; and (D) publish on a publicly accessible website the reasons for granting each such waiver or suspension. (3) Information protection Nothing in this subsection may be construed to require the release of information protected by law from public disclosure. (4) Rulemaking (A) In general Not later than 1 year after the first day on which a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, has been in continuous effect for a 6-year period, the Secretary shall complete a review and analysis of such waiver or suspension to determine whether issuing a rule that is consistent with the waiver is— (i) in the public interest; and (ii) consistent with railroad safety. (B) Factors In conducting the review and analysis under subparagraph (A), the Secretary shall consider— (i) the relevant safety record under the waiver; (ii) the likelihood that other entities would have similar safety outcomes; (iii) the materials submitted in the applications, including any comments regarding such materials; and (iv) related rulemaking activity. (C) Notice and comment The Secretary shall publish notice of the review and analysis of the waiver in the Federal Register, which shall include a summary of the data collected and all relevant underlying data, which may be included in a regulatory update under subparagraph (D). (D) Regulatory update The Secretary may initiate a rulemaking to incorporate relevant aspects of a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, into the relevant regulation, to the extent the Secretary considers appropriate. (5) Rule of construction Nothing in this subsection may be construed to delay any waiver granted pursuant to this subsection that is in the public interest and consistent with railroad safety. . 2412. Research and development Section 20108 of title 49, United States Code, is amended by adding at the end the following: (d) Facilities The Secretary may erect, alter, and repair buildings and make other public improvements to carry out necessary railroad research, safety, and training activities at the Transportation Technology Center in Pueblo, Colorado. (e) Offsetting collections The Secretary may collect fees or rents from facility users to offset appropriated amounts for the cost of providing facilities or research, development, testing, training, or other services, including long-term sustainment of the on-site physical plant. (f) Revolving fund Amounts appropriated to carry out subsection (d) and all fees and rents collected pursuant to subsection (e) shall be credited to a revolving fund and remain available until expended. The Secretary may use such fees and rents for operation, maintenance, repair, or improvement of the Transportation Technology Center. (g) Leases and contracts Notwithstanding section 1302 of title 40, the Secretary may lease to others or enter into contracts for terms of up to 20 years, for such consideration and subject to such terms and conditions as the Secretary determines to be in the best interests of the Government of the United States, for the operation, maintenance, repair, and improvement of the Transportation Technology Center. (h) Property and casualty loss insurance The Secretary may allow its lessees and contractors to purchase property and casualty loss insurance for its assets and activities at the Transportation Technology Center to mitigate the lessee’s or contractor’s risk associated with operating a facility. (i) Energy projects Notwithstanding section 1341 of title 31, the Secretary may enter into contracts or agreements, or commit to obligations in connection with third-party contracts or agreements, including contingent liability for the purchase of electric power in connection with such contracts or agreements, for terms not to exceed 20 years, to enable the use of the land at the Transportation Technology Center for projects to produce energy from renewable sources. . 2413. Rail Research and Development Center of Excellence Section 20108 of title 49, United States Code, as amended by section 2412, is further amended by adding at the end the following: (j) Rail Research and Development Center of Excellence (1) Center of excellence The Secretary shall award grants to establish and maintain a center of excellence to advance research and development that improves the safety, efficiency, and reliability of passenger and freight rail transportation. (2) Eligibility An institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) or a consortium of nonprofit institutions of higher education shall be eligible to receive a grant from the center established pursuant to paragraph (1). (3) Selection criteria In awarding a grant under this subsection, the Secretary shall— (A) give preference to applicants with strong past performance related to rail research, education, and workforce development activities; (B) consider the extent to which the applicant would involve public and private sector passenger and freight railroad operators; and (C) consider the regional and national impacts of the applicant’s proposal. (4) Use of funds Grant funds awarded pursuant to this subsection shall be used for basic and applied research, evaluation, education, workforce development, and training efforts related to safety, efficiency, reliability, resiliency, and sustainability of urban commuter, intercity high-speed, and freight rail transportation, to include advances in rolling stock, advanced positive train control, human factors, rail infrastructure, shared corridors, grade crossing safety, inspection technology, remote sensing, rail systems maintenance, network resiliency, operational reliability, energy efficiency, and other advanced technologies. (5) Federal share The Federal share of a grant awarded under this subsection shall be 50 percent of the cost of establishing and operating the center of excellence and related research activities carried out by the grant recipient. . 2414. Quarterly report on positive train control system performance Section 20157 of title 49, United States Code, is amended by adding at the end the following: (m) Reports on positive train control system performance (1) In general Each host railroad subject to this section or subpart I of part 236 of title 49, Code of Federal Regulations, shall electronically submit to the Secretary of Transportation a Report of PTC System Performance on Form FRA F 6180.152, which shall be submitted on or before the applicable due date set forth in paragraph (3) and contain the information described in paragraph (2), which shall be separated by the host railroad, each applicable tenant railroad, and each positive train control-governed track segment, consistent with the railroad’s positive train control Implementation Plan described in subsection (a)(1). (2) Required information Each report submitted pursuant to paragraph (1) shall include, for the applicable reporting period— (A) the number of positive train control system initialization failures, disaggregated by the number of initialization failures for which the source or cause was the onboard subsystem, the wayside subsystem, the communications subsystem, the back office subsystem, or a non-positive train control component; (B) the number of positive train control system cut outs, disaggregated by each component listed in subparagraph (A) that was the source or cause of such cut outs; (C) the number of positive train control system malfunctions, disaggregated by each component listed in subparagraph (A) that was the source or cause of such malfunctions; (D) the number of enforcements by the positive train control system; (E) the number of enforcements by the positive train control system in which it is reasonable to assume an accident or incident was prevented; (F) the number of scheduled attempts at initialization of the positive train control system; (G) the number of train miles governed by the positive train control system; and (H) a summary of any actions the host railroad and its tenant railroads are taking to reduce the frequency and rate of initialization failures, cut outs, and malfunctions, such as any actions to correct or eliminate systemic issues and specific problems. (3) Due dates (A) In general Except as provided in subparagraph (B), each host railroad shall electronically submit the report required under paragraph (1) not later than— (i) April 30, for the period from January 1 through March 31; (ii) July 31, for the period from April 1 through June 30; (iii) October 31, for the period from July 1 through September 30; and (iv) January 31, for the period from October 1 through December 31 of the prior calendar year. (B) Frequency reduction Beginning on the date that is 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , the Secretary shall reduce the frequency with which host railroads are required to submit the report described in paragraph (1) to not less frequently than twice per year, unless the Secretary— (i) determines that quarterly reporting is in the public interest; and (ii) publishes a justification for such determination in the Federal Register. (4) Tenant railroads Each tenant railroad that operates on a host railroad’s positive train control-governed main line and is not currently subject to an exception under section 236.1006(b) of title 49, Code of Federal Regulations, shall submit the information described in paragraph (2) to each applicable host railroad on a continuous basis. (5) Enforcements Any railroad operating a positive train control system classified under Federal Railroad Administration Type Approval number FRA–TA–2010–001 or FRA–TA–2013–003 shall begin submitting the metric required under paragraph (2)(D) not later than January 31, 2023. . 2415. Speed limit action plans (a) Codification of, and amendment to, section 11406 of the FAST Act Subchapter II of chapter 201 of subtitle V of title 49, United States Code, is amended by inserting after section 20168 the following: 20169. Speed limit action plans (a) In general Not later than March 3, 2016, each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation, in consultation with any applicable host railroad carrier, shall survey its entire system and identify each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel. (b) Action plans Not later than 120 days after the date that the survey under subsection (a) is complete, a railroad carrier described in subsection (a) shall submit to the Secretary of Transportation an action plan that— (1) identifies each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel; (2) describes appropriate actions to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under paragraph (1), including— (A) modification to automatic train control systems, if applicable, or other signal systems; (B) increased crew size; (C) installation of signage alerting train crews of the maximum authorized speed for passenger trains in each location identified under paragraph (1); (D) installation of alerters; (E) increased crew communication; and (F) other practices; (3) contains milestones and target dates for implementing each appropriate action described under paragraph (2); and (4) ensures compliance with the maximum authorized speed at each location identified under paragraph (1). (c) Approval Not later than 90 days after the date on which an action plan is submitted under subsection (b) or (d)(2), the Secretary shall approve, approve with conditions, or disapprove the action plan. (d) Periodic reviews and updates Each railroad carrier that submits an action plan to the Secretary pursuant to subsection (b) shall— (1) not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 , and annually thereafter, review such plan to ensure the effectiveness of actions taken to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified pursuant to subsection (b)(1); and (2) not later than 90 days before implementing any significant operational or territorial operating change, including initiating a new service or route, submit to the Secretary a revised action plan, after consultation with any applicable host railroad, that addresses such operational or territorial operating change. (e) New service If a railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation did not exist on the date of enactment of the FAST Act ( Public Law 114–94 ; 129 Stat. 1312), such railroad carrier, in consultation with any applicable host railroad carrier, shall— (1) survey its routes pursuant to subsection (a) not later than 90 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 ; and (2) develop an action plan pursuant to subsection (b) not later than 120 days after the date on which such survey is complete. (f) Alternative safety measures The Secretary may exempt from the requirements under this section each segment of track for which operations are governed by a positive train control system certified under section 20157, or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk. (g) Prohibition No new intercity or commuter rail passenger service may begin operation unless the railroad carrier providing such service is in compliance with the requirements under this section. (h) Savings clause Nothing in this section may be construed to prohibit the Secretary from applying the requirements under this section to other segments of track at high risk of overspeed derailment. . (b) Clerical amendment The analysis for chapter 201 of subtitle V of title 49, United States Code, is amended by adding at the end the following: 20169. Speed limit action plans. . 2416. New passenger service pre-revenue safety validation plan (a) In general Subchapter II of chapter 201 of subtitle V of title 49, United States Code, as amended by section 2415, is further amended by adding at the end the following: 20170. Pre-revenue service safety validation plan (a) Plan submission Any railroad providing new, regularly scheduled, intercity or commuter rail passenger transportation, an extension of existing service, or a renewal of service that has been discontinued for more than 180 days shall develop and submit for review a comprehensive pre-revenue service safety validation plan to the Secretary of Transportation not later than 60 days before initiating such revenue service. Such plan shall include pertinent safety milestones and a minimum period of simulated revenue service to ensure operational readiness and that all safety sensitive personnel are properly trained and qualified. (b) Compliance After submitting a plan pursuant to subsection (a), the railroad shall adopt and comply with such plan and may not amend the plan without first notifying the Secretary of the proposed amendment. Revenue service may not begin until the railroad has completed the requirements of its plan, including the minimum simulated service period required by the plan. (c) Rulemaking The Secretary shall promulgate regulations to carry out this section, including— (1) requiring that any identified safety deficiencies be addressed and corrected before the initiation of revenue service; and (2) establishing appropriate deadlines to enable the Secretary to review and approve the pre-revenue service safety validation plan to ensure that service is not unduly delayed. . (b) Clerical amendment The analysis for chapter 201 of title 49, United States Code, as amended by section 2415(b), is further amended by adding at the end the following: 20170. Pre-revenue service safety validation plan. . 2417. Federal Railroad Administration accident and incident investigations Section 20902 of title 49, United States Code, is amended— (1) in subsection (b) by striking subpena and inserting subpoena ; and (2) by adding at the end the following: (d) Gathering information and technical expertise (1) In general The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate and the appropriate method for— (A) gathering information about an accident or incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary; and (B) consulting with railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary, for technical expertise on the facts of the accident or incident under investigation. (2) Confidentiality In developing the process required under paragraph (1), the Secretary shall factor in ways to maintain the confidentiality of any entity identified under paragraph (1) if— (A) such entity requests confidentiality; (B) such entity was not involved in the accident or incident; and (C) maintaining such entity’s confidentiality does not adversely affect an investigation of the Federal Railroad Administration. (3) Applicability This subsection shall not apply to any investigation carried out by the National Transportation Safety Board. . 2418. Civil penalty enforcement authority Section 21301(a) of title 49, United States Code, is amended by striking paragraph (3) and inserting the following: (3) The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. The Secretary may compromise the amount of a civil penalty by settlement agreement without issuance of an order. In determining the amount of a compromise, the Secretary shall consider— (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, and any effect on the ability to continue to do business; and (C) other matters that justice requires. (4) The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty imposed or compromise under this section and any accrued interest on the civil penalty. In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review. . 2419. Advancing safety and innovative technology (a) In general Section 26103 of title 49, United States Code, is amended to read as follows: 26103. Safety regulations and evaluation The Secretary shall— (1) promulgate such safety regulations as may be necessary for high-speed rail services; and (2) before promulgating such regulations, consult with developers of new high-speed rail technologies to develop a method for evaluating safety performance. . (b) Clerical amendment The analysis for chapter 261 of title 49, United States Code, is amended by striking the item relating to section 26103 and inserting the following: 26103. Safety regulations and evaluation. . 2420. Passenger rail vehicle occupant protection systems (a) Study The Administrator of the Federal Railroad Administration shall conduct a study of the potential installation and use in new passenger rail rolling stock of passenger rail vehicle occupant protection systems that could materially improve passenger safety. (b) Considerations In conducting the study under subsection (a), the Administrator shall consider minimizing the risk of secondary collisions, including estimating the costs and benefits of the new requirements, through the use of— (1) occupant restraint systems; (2) air bags; (3) emergency window retention systems; and (4) interior designs, including seats, baggage restraints, and table configurations and attachments. (c) Report Not later than 2 years after the date of enactment of this Act, the Administrator shall— (1) submit a report summarizing the findings of the study conducted pursuant to subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives ; and (2) publish such report on the website of the Federal Railroad Administration. (d) Rulemaking Following the completion of the study required under subsection (a), and after considering the costs and benefits of the proposed protection systems, the Administrator may promulgate a rule that establishes standards for the use of occupant protection systems in new passenger rail rolling stock. 2421. Federal Railroad Administration safety reporting Not later than 1 year after the date of enactment of this Act, and annually thereafter for the following 4 years, the Secretary shall update Special Study Block 49 on Form FRA F 6180.54 (Rail Equipment Accident/Incident Report) to collect, with respect to trains involved in accidents required to be reported to the Federal Railroad Administration— (1) the number of cars and length of the involved trains; and (2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident. 2422. National Academies study on trains longer than 7,500 feet (a) Study The Secretary shall seek to enter into an agreement with the National Academies to conduct a study on the operation of freight trains that are longer than 7,500 feet. (b) Elements The study conducted pursuant to subsection (a) shall— (1) examine any potential impacts to safety from the operation of freight trains that are longer than 7,500 feet and the mitigation of any identified risks, including— (A) any potential changes in the risk of loss of communications between the end of train device and the locomotive cab, including communications over differing terrains and conditions; (B) any potential changes in the risk of loss of radio communications between crew members when a crew member alights from the train, including communications over differing terrains and conditions; (C) any potential changes in the risk of derailments, including any risks associated with in-train compressive forces and slack action or other safety risks in the operations of such trains in differing terrains and conditions; (D) any potential impacts associated with the deployment of multiple distributed power units in the consists of such trains; and (E) any potential impacts on braking and locomotive performance and track wear and tear; (2) evaluate any impacts on scheduling and efficiency of passenger operations and in the shipping of goods by freight as a result of longer trains; (3) determine whether additional engineer and conductor training is required for safely operating such trains; (4) assess the potential impact on the amount of time and frequency of occurrence highway-rail grade crossings are occupied; and (5) identify any potential environmental impacts, including greenhouse gas emissions, that have resulted from the operation of longer trains. (c) Comparison When evaluating the potential impacts of the operation of trains longer than 7,500 feet under subsection (b), the impacts of such trains shall be compared to the impacts of trains that are shorter than 7,500 feet, after taking into account train frequency. (d) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the study conducted by the National Academies under this section. (e) Funding From the amounts appropriated for fiscal year 2021 pursuant to the authorization under section 20117(a) of title 49, United States Code, the Secretary shall expend not less than $1,000,000 and not more than $2,000,000 to carry out the study required under this section. 2423. High-speed train noise emissions (a) In general Section 17 of the Noise Control Act of 1972 ( 42 U.S.C. 4916 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) High-Speed train noise emissions (1) In general The Secretary of Transportation, in consultation with the Administrator, may prescribe regulations governing railroad-related noise emission standards for trains operating on the general railroad system of transportation at speeds exceeding 160 miles per hour, including noise related to magnetic levitation systems and other new technologies not traditionally associated with railroads. (2) Factors in rulemaking The regulations prescribed pursuant to paragraph (1) may— (A) consider variances in maximum pass-by noise with respect to the speed of the equipment; (B) account for current engineering best practices; and (C) encourage the use of noise mitigation techniques to the extent reasonable if the benefits exceed the costs. (3) Conventional-speed trains Railroad-related noise regulations prescribed under subsection (a) shall continue to govern noise emissions from the operation of trains, including locomotives and rail cars, when operating at speeds not exceeding 160 miles per hour. . (b) Technical amendment The second sentence of section 17(b) of the Noise Control Act of 1972 ( 42 U.S.C. 4916(b) ) is amended by striking the Safety Appliance Acts, the Interstate Commerce Act, and the Department of Transportation Act and inserting subtitle V of title 49, United States Code . 2424. Critical incident stress plans The Secretary shall amend part 272 of title 49, Code of Federal Regulations, to the extent necessary to ensure that— (1) the coverage of a critical incident stress plan under section 272.7 of such part includes employees of commuter railroads and intercity passenger railroads (as such terms are defined in section 272.9 of such part), including employees who directly interact with passengers; and (2) an assault against an employee requiring medical attention is included in the definition of critical incident under section 272.9 of such part. III Motor carrier safety 3001. Authorization of appropriations (a) Administrative expenses Section 31110 of title 49, United States Code, is amended by striking subsection (a) and inserting the following: (a) Administrative expenses There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration— (1) $360,000,000 for fiscal year 2022; (2) $367,500,000 for fiscal year 2023; (3) $375,000,000 for fiscal year 2024; (4) $382,500,000 for fiscal year 2025; and (5) $390,000,000 for fiscal year 2026. . (b) Financial assistance programs Section 31104 of title 49, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) Financial assistance programs There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account)— (1) subject to subsection (c), to carry out the motor carrier safety assistance program under section 31102 (other than the high priority program under subsection (l) of that section)— (A) $390,500,000 for fiscal year 2022; (B) $398,500,000 for fiscal year 2023; (C) $406,500,000 for fiscal year 2024; (D) $414,500,000 for fiscal year 2025; and (E) $422,500,000 for fiscal year 2026; (2) subject to subsection (c), to carry out the high priority program under section 31102(l) (other than the commercial motor vehicle enforcement training and support grant program under paragraph (5) of that section)— (A) $57,600,000 for fiscal year 2022; (B) $58,800,000 for fiscal year 2023; (C) $60,000,000 for fiscal year 2024; (D) $61,200,000 for fiscal year 2025; and (E) $62,400,000 for fiscal year 2026; (3) to carry out the commercial motor vehicle enforcement training and support grant program under section 31102(l)(5), $5,000,000 for each of fiscal years 2022 through 2026; (4) to carry out the commercial motor vehicle operators grant program under section 31103— (A) $1,100,000 for fiscal year 2022; (B) $1,200,000 for fiscal year 2023; (C) $1,300,000 for fiscal year 2024; (D) $1,400,000 for fiscal year 2025; and (E) $1,500,000 for fiscal year 2026; and (5) subject to subsection (c), to carry out the financial assistance program for commercial driver’s license implementation under section 31313— (A) $41,800,000 for fiscal year 2022; (B) $42,650,000 for fiscal year 2023; (C) $43,500,000 for fiscal year 2024; (D) $44,350,000 for fiscal year 2025; and (E) $45,200,000 for fiscal year 2026. ; (2) in subsection (b)(2)— (A) in the third sentence, by striking The Secretary and inserting the following: (C) In-kind contributions The Secretary ; (B) in the second sentence, by striking The Secretary and inserting the following: (B) Limitation The Secretary ; (C) in the first sentence— (i) by inserting (except subsection (l)(5) of that section) after section 31102 ; and (ii) by striking The Secretary and inserting the following: (A) Reimbursement percentage (i) In general The Secretary ; and (D) in subparagraph (A) (as so designated), by adding at the end the following: (ii) Commercial motor vehicle enforcement training and support grant program The Secretary shall reimburse a recipient, in accordance with a financial assistance agreement made under section 31102(l)(5), an amount that is equal to 100 percent of the costs incurred by the recipient in a fiscal year in developing and implementing a training program under that section. ; (3) in subsection (c)— (A) in the subsection heading, by striking partner training and ; (B) in the first sentence— (i) by striking (4) and inserting (5) ; and (ii) by striking partner training and ; and (C) by striking the second sentence; (4) in subsection (f)— (A) in paragraph (1), by striking for the next fiscal year and inserting for the next 2 fiscal years ; (B) in paragraph (4), by striking for the next fiscal year and inserting for the next 2 fiscal years ; (C) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (D) by inserting after paragraph (3) the following: (4) For grants made for carrying out section 31102(l)(5), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years. ; and (5) in subsection (i)— (A) by striking Amounts not expended and inserting the following: (1) In general Except as provided in paragraph (2), amounts not expended ; and (B) by adding at the end the following: (2) Motor carrier safety assistance program Amounts made available for the motor carrier safety assistance program established under section 31102 (other than amounts made available to carry out section 31102(l)) that are not expended by a recipient during the period of availability shall be released back to the Secretary for reallocation under that program. . (c) Enforcement data updates Section 31102(h)(2)(A) of title 49, United States Code, is amended by striking 2004 and 2005 and inserting 2014 and 2015 . 3002. Motor carrier safety advisory committee Section 4144 of the SAFETEA–LU ( 49 U.S.C. 31100 note; Public Law 109–59 ) is amended— (1) in subsection (b)(1), in the second sentence, by inserting , including small business motor carriers after industry ; and (2) in subsection (d), by striking September 30, 2013 and inserting September 30, 2025 . 3003. Combating human trafficking Section 31102(l) of title 49, United States Code, is amended— (1) in paragraph (2)— (A) in subparagraph (G)(ii), by striking and at the end; (B) by redesignating subparagraph (H) as subparagraph (J); and (C) by inserting after subparagraph (G) the following: (H) support, through the use of funds otherwise available for such purposes— (i) the recognition, prevention, and reporting of human trafficking, including the trafficking of human beings— (I) in a commercial motor vehicle; or (II) by any occupant, including the operator, of a commercial motor vehicle; (ii) the detection of criminal activity or any other violation of law relating to human trafficking; and (iii) enforcement of laws relating to human trafficking; (I) otherwise support the recognition, prevention, and reporting of human trafficking; and ; and (2) in paragraph (3)(D)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (iv) for the detection of, and enforcement actions taken as a result of, criminal activity (including the trafficking of human beings)— (I) in a commercial motor vehicle; or (II) by any occupant, including the operator, of a commercial motor vehicle; and (v) in addition to any funds otherwise made available for the recognition, prevention, and reporting of human trafficking, to support the recognition, prevention, and reporting of human trafficking. . 3004. Immobilization grant program Section 31102(l) of title 49, United States Code, is amended by adding at the end the following: (4) Immobilization grant program (A) Definition of passenger-carrying commercial motor vehicle In this paragraph, the term passenger-carrying commercial motor vehicle has the meaning given the term commercial motor vehicle in section 31301. (B) Establishment The Secretary shall establish an immobilization grant program under which the Secretary shall provide to States discretionary grants for the immobilization or impoundment of passenger-carrying commercial motor vehicles that— (i) are determined to be unsafe; or (ii) fail inspection. (C) List of criteria for immobilization The Secretary, in consultation with State commercial motor vehicle entities, shall develop a list of commercial motor vehicle safety violations and defects that the Secretary determines warrant the immediate immobilization of a passenger-carrying commercial motor vehicle. (D) Eligibility A State shall be eligible to receive a grant under this paragraph only if the State has the authority to require the immobilization or impoundment of a passenger-carrying commercial motor vehicle— (i) with respect to which a motor vehicle safety violation included in the list developed under subparagraph (C) is determined to exist; or (ii) that is determined to have a defect included in that list. (E) Use of funds A grant provided under this paragraph may be used for— (i) the immobilization or impoundment of passenger-carrying commercial motor vehicles described in subparagraph (D); (ii) safety inspections of those passenger-carrying commercial motor vehicles; and (iii) any other activity relating to an activity described in clause (i) or (ii), as determined by the Secretary. (F) Secretary authorization The Secretary may provide to a State amounts for the costs associated with carrying out an immobilization program using funds made available under section 31104(a)(2). . 3005. Commercial motor vehicle enforcement training and support Section 31102(l) of title 49, United States Code (as amended by section 3004), is amended— (1) in paragraph (1), by striking (2) and (3) and inserting (2) through (5) ; (2) in paragraph (3)(E), by striking sections 31104(a)(1) and 31104(a)(2) and inserting paragraphs (1) and (2)(A) of section 31104(a) ; and (3) by adding at the end the following: (5) Commercial motor vehicle enforcement training and support grant program (A) In general The Secretary shall administer a commercial motor vehicle enforcement training and support grant program funded under section 31104(a)(2)(B), under which the Secretary shall make discretionary grants to eligible entities described in subparagraph (C) for the purposes described in subparagraph (B). (B) Purposes The purposes of the grant program under subparagraph (A) are— (i) to train non-Federal employees who conduct commercial motor vehicle enforcement activities; and (ii) to develop related training materials. (C) Eligible entities An entity eligible for a discretionary grant under the program described in subparagraph (A) is a nonprofit organization that has— (i) expertise in conducting a training program for non-Federal employees; and (ii) the ability to reach and involve in a training program a target population of commercial motor vehicle safety enforcement employees. . 3006. Study of commercial motor vehicle crash causation (a) Definitions In this section: (1) Commercial motor vehicle The term commercial motor vehicle has the meaning given the term in section 31132 of title 49, United States Code. (2) Study The term study means the study carried out under subsection (b). (b) Study The Secretary shall carry out a comprehensive study— (1) to determine the causes of, and contributing factors to, crashes that involve a commercial motor vehicle; and (2) to identify data requirements, data collection procedures, reports, and any other measures that can be used to improve the ability of States and the Secretary— (A) to evaluate future crashes involving commercial motor vehicles; (B) to monitor crash trends and identify causes and contributing factors; and (C) to develop effective safety improvement policies and programs. (c) Design The study shall be designed to yield information that can be used to help policy makers, regulators, and law enforcement identify activities and other measures that are likely to lead to reductions in— (1) the frequency of crashes involving a commercial motor vehicle; (2) the severity of crashes involving a commercial motor vehicle; and (3) fatalities and injuries. (d) Consultation In designing and carrying out the study, the Secretary may consult with individuals or entities with expertise on— (1) crash causation and prevention; (2) commercial motor vehicles, commercial drivers, and motor carriers, including passenger carriers; (3) highways and noncommercial motor vehicles and drivers; (4) Federal and State highway and motor carrier safety programs; (5) research methods and statistical analysis; and (6) other relevant topics, as determined by the Secretary. (e) Public comment The Secretary shall make available for public comment information about the objectives, methodology, implementation, findings, and other aspects of the study. (f) Reports As soon as practicable after the date on which the study is completed, the Secretary shall submit to Congress a report describing the results of the study and any legislative recommendations to facilitate reductions in the matters described in paragraphs (1) through (3) of subsection (c). 3007. Promoting women in the trucking workforce (a) Findings Congress finds that— (1) women make up 47 percent of the workforce of the United States; (2) women are significantly underrepresented in the trucking industry, holding only 24 percent of all transportation and warehousing jobs and representing only— (A) 6.6 percent of truck drivers; (B) 12.5 percent of all workers in truck transportation; and (C) 8 percent of freight firm owners; (3) given the total number of women truck drivers, women are underrepresented in the truck-driving workforce; and (4) women truck drivers have been shown to be 20 percent less likely than male counterparts to be involved in a crash. (b) Sense of Congress regarding women in trucking It is the sense of Congress that the trucking industry should explore every opportunity to encourage and support the pursuit and retention of careers in trucking by women, including through programs that support recruitment, driver training, and mentorship. (c) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Motor Carrier Safety Administration. (2) Board The term Board means the Women of Trucking Advisory Board established under subsection (d)(1). (3) Large trucking company The term large trucking company means a motor carrier (as defined in section 13102 of title 49, United States Code) with more than 100 power units. (4) Mid-sized trucking company The term mid-sized trucking company means a motor carrier (as defined in section 13102 of title 49, United States Code) with not fewer than 11 power units and not more than 100 power units. (5) Power unit The term power unit means a self-propelled vehicle under the jurisdiction of the Federal Motor Carrier Safety Administration. (6) Small trucking company The term small trucking company means a motor carrier (as defined in section 13102 of title 49, United States Code) with not fewer than 1 power unit and not more than 10 power units. (d) Women of Trucking Advisory Board (1) Establishment To encourage women to enter the field of trucking, the Administrator shall establish and facilitate an advisory board, to be known as the Women of Trucking Advisory Board , to review and report on policies that— (A) provide education, training, mentorship, or outreach to women in the trucking industry; and (B) recruit, retain, or advance women in the trucking industry. (2) Membership (A) In general The Board shall be composed of not fewer than 8 members whose backgrounds, experience, and certifications allow those members to contribute balanced points of view and diverse ideas regarding the matters described in paragraph (3)(B). (B) Appointment (i) In general Not later than 270 days after the date of enactment of this Act, the Administrator shall appoint the members of the Board, of whom— (I) not fewer than 1 shall be a representative of large trucking companies; (II) not fewer than 1 shall be a representative of mid-sized trucking companies; (III) not fewer than 1 shall be a representative of small trucking companies; (IV) not fewer than 1 shall be a representative of nonprofit organizations in the trucking industry; (V) not fewer than 1 shall be a representative of trucking business associations; (VI) not fewer than 1 shall be a representative of independent owner-operators; (VII) not fewer than 1 shall be a woman who is a professional truck driver; and (VIII) not fewer than 1 shall be a representative of an institution of higher education or trucking trade school. (ii) Diversity A member of the Board appointed under any of subclauses (I) through (VIII) of clause (i) may not be appointed under any other subclause of that clause. (C) Terms Each member shall be appointed for the life of the Board. (D) Compensation A member of the Board shall serve without compensation. (3) Duties (A) In general The Board shall identify— (i) barriers and industry trends that directly or indirectly discourage women from pursuing and retaining careers in trucking, including— (I) any particular barriers and trends that impact women minority groups; (II) any particular barriers and trends that impact women who live in rural, suburban, or urban areas; and (III) any safety risks unique to women in the trucking industry; (ii) ways in which the functions of trucking companies, nonprofit organizations, training and education providers, and trucking associations may be coordinated to facilitate support for women pursuing careers in trucking; (iii) opportunities to expand existing opportunities for women in the trucking industry; and (iv) opportunities to enhance trucking training, mentorship, education, and advancement and outreach programs that would increase the number of women in the trucking industry. (B) Report Not later than 2 years after the date of enactment of this Act, the Board shall submit to the Administrator a report containing the findings and recommendations of the Board, including recommendations that companies, associations, institutions, other organizations, or the Administrator may adopt— (i) to address any industry trends identified under subparagraph (A)(i); (ii) to coordinate the functions of trucking companies, nonprofit organizations, and trucking associations in a manner that facilitates support for women pursuing careers in trucking; (iii) (I) to take advantage of any opportunities identified under subparagraph (A)(iii); and (II) to create new opportunities to expand existing scholarship opportunities for women in the trucking industry; and (iv) to enhance trucking training, mentorship, education, and outreach programs that are exclusive to women. (4) Report to Congress (A) In general Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing— (i) the findings and recommendations of the Board under paragraph (3)(B); and (ii) any actions taken by the Administrator to adopt the recommendations of the Board (or an explanation of the reasons for not adopting the recommendations). (B) Public availability The Administrator shall make the report under subparagraph (A) publicly available— (i) on the website of the Federal Motor Carrier Safety Administration; and (ii) in appropriate offices of the Federal Motor Carrier Safety Administration. (5) Termination The Board shall terminate on submission of the report to Congress under paragraph (4). 3008. State inspection of passenger-carrying commercial motor vehicles (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall solicit additional comment on the advance notice of proposed rulemaking entitled State Inspection Programs for Passenger-Carrier Vehicles (81 Fed. Reg. 24769 (April 27, 2016)). (b) Final rule (1) In general After reviewing all comments received in response to the solicitation under subsection (a), if the Secretary determines that data and information exist to support moving forward with a final rulemaking action, the Secretary shall issue a final rule relating to the advance notice of proposed rulemaking described in that subsection. (2) Considerations In determining whether to issue a final rule under paragraph (1), the Secretary shall consider the impact of continuing to allow self-inspection as a means to satisfy periodic inspection requirements on the safety of passenger carrier operations. 3009. Truck Leasing Task Force (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, shall establish a task force, to be known as the Truck Leasing Task Force (referred to in this section as the Task Force ). (b) Membership (1) In general The Secretary shall select not more than 10 individuals to serve as members of the Task Force, including at least 1 representative from each of the following: (A) Labor organizations. (B) Motor carriers that provide lease-purchase agreements to owner-operators. (C) Consumer protection groups. (D) Members of the legal profession who specialize in consumer finance issues, including experience with lease-purchase agreements. (E) Owner-operators in the trucking industry with experience regarding lease-purchase agreements. (F) Businesses that provide or are subject to lease-purchase agreements in the trucking industry. (2) Compensation A member of the Task Force shall serve without compensation. (c) Duties The Task Force shall examine, at a minimum— (1) common truck leasing arrangements available to commercial motor vehicle drivers, including lease-purchase agreements; (2) the terms of the leasing agreements described in paragraph (1); (3) (A) the existence of inequitable leasing agreements and terms in the motor carrier industry; (B) whether any such inequitable terms and agreements affect the frequency of maintenance performed on vehicles subject to those agreements; and (C) whether any such inequitable terms and agreements affect whether a vehicle is kept in a general state of good repair; (4) specific agreements available to drayage drivers at ports relating to the Clean Truck Program or any similar program to decrease emissions from port operations; (5) the impact of truck leasing agreements on the net compensation of commercial motor vehicle drivers, including port drayage drivers; (6) whether truck leasing agreements properly incentivize the safe operation of vehicles, including driver compliance with the hours of service regulations and laws governing speed and safety generally; (7) resources to assist commercial motor vehicle drivers in assessing the financial impacts of leasing agreements; and (8) (A) the opportunity that equitable leasing agreements provide for drivers to start or expand trucking companies; and (B) the history of motor carriers starting from single owner-operators. (d) Report On completion of the examination under subsection (c), the Task Force shall submit to the Secretary, the Secretary of Labor, and the appropriate committees of Congress a report containing— (1) the findings of the Task Force with respect to the matters described in subsection (c); (2) best practices relating to— (A) assisting a commercial motor vehicle driver in assessing the impacts of leasing agreements prior to entering into such an agreement; (B) assisting a commercial motor vehicle driver who has entered into a predatory lease agreement; and (C) preventing coercion and impacts on safety as described in section 31136 of title 49, United States Code; and (3) recommendations relating to changes to laws (including regulations), as applicable, at the Federal, State, or local level to promote fair leasing agreements under which a commercial motor vehicle driver, including a short haul driver, who is a party to such an agreement is able to earn a rate commensurate with other commercial motor vehicle drivers performing similar duties. (e) Termination Not later than 30 days after the date on which the report under subsection (d) is submitted, the Task Force shall terminate. 3010. Automatic emergency braking (a) Definitions In this section: (1) Automatic emergency braking system The term automatic emergency braking system means a system on a commercial motor vehicle that, based on a predefined distance and closing rate with respect to an obstacle in the path of the commercial motor vehicle— (A) alerts the driver of the obstacle; and (B) if necessary to avoid or mitigate a collision with the obstacle, automatically applies the brakes of the commercial motor vehicle. (2) Commercial motor vehicle The term commercial motor vehicle has the meaning given the term in section 31101 of title 49, United States Code. (b) Federal motor vehicle safety standard Not later than 2 years after the date of enactment of this Act, the Secretary shall— (1) prescribe a motor vehicle safety standard under section 30111 of title 49, United States Code, that requires any commercial motor vehicle subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) that is manufactured after the effective date of the standard prescribed under this paragraph to be equipped with an automatic emergency braking system; and (2) as part of the standard under paragraph (1), establish performance requirements for automatic emergency braking systems. (c) Federal motor carrier safety regulation Not later than 1 year after the date of enactment of this Act, the Secretary shall prescribe a regulation under section 31136 of title 49, United States Code, that requires that an automatic emergency braking system installed in a commercial motor vehicle manufactured after the effective date of the standard prescribed under subsection (b)(1) that is in operation on or after that date and is subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) be used at any time during which the commercial motor vehicle is in operation. (d) Report on automatic emergency braking in other commercial motor vehicles (1) Study Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study on equipping a variety of commercial motor vehicles not subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) as of that date of enactment with automatic emergency braking systems to avoid or mitigate a collision with an obstacle in the path of the commercial motor vehicle, including an assessment of the feasibility, benefits, and costs associated with installing automatic emergency braking systems on a variety of newly manufactured commercial motor vehicles with a gross vehicle weight rating greater than 10,001 pounds. (2) Independent research If the Secretary enters into a contract with a third party to perform research relating to the study required under paragraph (1), the Secretary shall ensure that the third party does not have any financial or contractual ties to, or relationships with— (A) a motor carrier that transports passengers or property for compensation; (B) the motor carrier industry; or (C) an entity producing or supplying automatic emergency braking systems. (3) Public comment Not later than 90 days after the date on which the study under paragraph (1) is completed, the Secretary shall— (A) issue a notice in the Federal Register containing the findings of the study; and (B) provide an opportunity for public comment. (4) Report to Congress Not later than 90 days after the conclusion of the public comment period under paragraph (3)(B), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report that includes— (A) the results of the study under paragraph (1); (B) a summary of any comments received under paragraph (3)(B); and (C) a determination as to whether the Secretary intends to develop performance requirements for automatic emergency braking systems for applicable commercial motor vehicles, including any analysis that led to that determination. (5) Rulemaking Not later than 2 years after the date on which the study under paragraph (1) is completed, the Secretary shall— (A) determine whether a motor vehicle safety standard relating to equipping the commercial motor vehicles described in that paragraph with automatic emergency braking systems would meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code; and (B) if the Secretary determines that a motor vehicle safety standard described in subparagraph (A) would meet the requirements and considerations described in that subparagraph, initiate a rulemaking to prescribe such a motor vehicle safety standard. 3011. Underride protection (a) Definitions In this section: (1) Committee The term Committee means the Advisory Committee on Underride Protection established under subsection (d)(1). (2) Motor carrier The term motor carrier has the meaning given the term in section 13102 of title 49, United States Code. (3) Passenger motor vehicle The term passenger motor vehicle has the meaning given the term in section 32101 of title 49, United States Code. (4) Underride crash The term underride crash means a crash in which a trailer or semitrailer intrudes into the passenger compartment of a passenger motor vehicle. (b) Rear underride guards (1) Trailers and semitrailers (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to revise sections 571.223 and 571.224 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, respectively), to require trailers and semitrailers manufactured after the date on which those regulations are promulgated to be equipped with rear impact guards that are designed to prevent passenger compartment intrusion from a trailer or semitrailer when a passenger motor vehicle traveling at 35 miles per hour makes— (i) an impact in which the passenger motor vehicle impacts the center of the rear of the trailer or semitrailer; (ii) an impact in which 50 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer; and (iii) an impact in which 30 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer, if the Secretary determines that a revision of sections 571.223 and 571.224 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, respectively) to address such an impact would meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code. (B) Effective date The regulations promulgated under subparagraph (A) shall require full compliance with each Federal Motor Vehicle Safety Standard revised pursuant to those regulations not later than 2 years after the date on which those regulations are promulgated. (2) Additional research The Secretary shall conduct additional research on the design and development of rear impact guards that can— (A) prevent underride crashes in cases in which the passenger motor vehicle is traveling at speeds of up to 65 miles per hour; and (B) protect passengers in passenger motor vehicles against severe injury in crashes in which the passenger motor vehicle is traveling at speeds of up to 65 miles per hour. (3) Review of standards Not later than 5 years after the date on which the regulations under paragraph (1)(A) are promulgated, the Secretary shall— (A) review the Federal Motor Vehicle Safety Standards revised pursuant to those regulations and any other requirements of those regulations relating to rear underride guards on trailers or semitrailers to evaluate the need for changes in response to advancements in technology; and (B) update those Federal Motor Vehicle Safety Standards and those regulations accordingly. (4) Inspections (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to revise the regulations relating to minimum periodic inspection standards under appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, and the regulations relating to driver vehicle inspection reports under section 396.11 of that title to include requirements relating to rear impact guards and rear end protection that are consistent with the requirements described in section 393.86 of that title. (B) Considerations In revising the regulations described in subparagraph (A), the Secretary shall consider it to be a defect or a deficiency if a rear impact guard is missing an, or has a corroded or compromised, element that affects the structural integrity and protective feature of the rear impact guard. (c) Side underride guards (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall— (A) complete additional research on side underride guards to better understand the overall effectiveness of side underride guards; (B) assess the feasibility, benefits, and costs of, and any impacts on intermodal equipment, freight mobility (including port operations), and freight capacity associated with, installing side underride guards on newly manufactured trailers and semitrailers with a gross vehicle weight rating of 10,000 pounds or more; (C) consider the unique structural and operational aspects of— (i) intermodal chassis (as defined in section 340.2 of title 46, Code of Federal Regulations; and (ii) pole trailers (as defined in section 390.5 of title 49, Code of Federal Regulations; and (D) if warranted, develop performance standards for side underride guards. (2) Independent research If the Secretary enters into a contract with a third party to perform the research required under paragraph (1)(A), the Secretary shall ensure that the third party does not have any financial or contractual ties to, or relationships with— (A) a motor carrier that transports passengers or property for compensation; (B) the motor carrier industry; or (C) an entity producing or supplying underride guards. (3) Publication of assessment Not later than 90 days after completion of the assessment required under paragraph (1)(B), the Secretary shall— (A) issue a notice in the Federal Register containing the findings of the assessment; and (B) provide an opportunity for public comment. (4) Report to congress Not later than 90 days after the conclusion of the public comment period under paragraph (3)(B), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (A) the results of the assessment under paragraph (1)(B); (B) a summary of any comments received by the Secretary under paragraph (3)(B); and (C) a determination as to whether the Secretary intends to develop performance requirements for side underride guards, including any analysis that led to that determination. (d) Advisory committee on underride protection (1) Establishment The Secretary shall establish an Advisory Committee on Underride Protection to provide advice and recommendations to the Secretary on safety regulations to reduce underride crashes and fatalities relating to underride crashes. (2) Membership (A) In general The Committee shall be composed of not more than 20 members, appointed by the Secretary, who— (i) are not employees of the Department; and (ii) are qualified to serve on the Committee because of their expertise, training, or experience. (B) Representation The Committee shall include 2 representatives of each of the following: (i) Truck and trailer manufacturers. (ii) Motor carriers, including independent owner-operators. (iii) Law enforcement. (iv) Motor vehicle engineers. (v) Motor vehicle crash investigators. (vi) Truck safety organizations. (vii) The insurance industry. (viii) Emergency medical service providers. (ix) Families of underride crash victims. (x) Labor organizations. (3) Compensation Members of the Committee shall serve without compensation. (4) Meetings The Committee shall meet not less frequently than annually. (5) Support On request of the Committee, the Secretary shall provide information, administrative services, and supplies necessary for the Committee to carry out the duties of the Committee. (6) Report The Committee shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a biennial report that— (A) describes the advice and recommendations made to the Secretary; and (B) includes an assessment of progress made by the Secretary in advancing safety regulations relating to underride crashes. (e) Data collection Not later than 1 year after the date of enactment of this Act, the Secretary shall implement the recommendations described in the report of the Government Accountability Office entitled Truck Underride Guards: Improved Data Collection, Inspections, and Research Needed , published on March 14, 2019, and numbered GAO–19–264. 3012. Providers of recreational activities Section 13506(b) of title 49, United States Code, is amended— (1) in paragraph (2), by striking or at the end; (2) in paragraph (3), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (4) transportation by a motor vehicle designed or used to transport not fewer than 9, and not more than 15, passengers (including the driver), whether operated alone or with a trailer attached for the transport of recreational equipment, if— (A) the motor vehicle is operated by a person that provides recreational activities; (B) the transportation is provided within a 150 air-mile radius of the location at which passengers initially boarded the motor vehicle at the outset of the trip; and (C) in the case of a motor vehicle transporting passengers over a route between a place in a State and a place in another State, the person operating the motor vehicle is lawfully providing transportation of passengers over the entire route in accordance with applicable State law. . 3013. Amendments to regulations relating to transportation of household goods in interstate commerce (a) Definitions In this section: (1) Administration The term Administration means the Federal Motor Carrier Safety Administration. (2) Covered carrier The term covered carrier means a motor carrier that is— (A) engaged in the interstate transportation of household goods; and (B) subject to the requirements of part 375 of title 49, Code of Federal Regulations (as in effect on the effective date of any amendments made pursuant to the notice of proposed rulemaking issued under subsection (b)). (b) Amendments to regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to amend, as the Secretary determines to be appropriate, regulations relating to the interstate transportation of household goods. (c) Considerations In issuing the notice of proposed rulemaking under subsection (b), the Secretary shall consider amending the following provisions of title 49, Code of Federal Regulations, in accordance with the following recommendations: (1) Section 375.207(b) to require each covered carrier to include on the website of the covered carrier a link— (A) to the publication of the Administration entitled Ready to Move—Tips for a Successful Interstate Move and numbered ESA–03–005 on the website of the Administration; or (B) to a copy of the publication referred to in subparagraph (A) on the website of the covered carrier. (2) Subsections (a) and (b)(1) of section 375.213 to require each covered carrier to provide to each individual shipper, together with any written estimate provided to the shipper, a copy of the publication described in appendix A of part 375 of that title, entitled Your Rights and Responsibilities When You Move and numbered ESA–03–006 (or a successor publication), in the form of a written copy or a hyperlink on the website of the covered carrier to the location on the website of the Administration containing that publication. (3) Section 375.213 to repeal subsection (e) of that section. (4) Section 375.401(a) to require each covered carrier— (A) to conduct a visual survey of the household goods to be transported by the covered carrier— (i) in person; or (ii) virtually, using— (I) a remote camera; or (II) another appropriate technology; (B) to offer a visual survey described in subparagraph (A) for all household goods shipments, regardless of the distance between— (i) the location of the household goods; and (ii) the location of the agent of the covered carrier preparing the estimate; and (C) to provide to each shipper a copy of the publication of the Administration entitled Ready to Move—Tips for a Successful Interstate Move and numbered ESA–03–005 on receipt from the shipper of a request to schedule, or a waiver of, a visual survey offered under subparagraph (B). (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and 375.405(b)(7)(ii), and subpart D of appendix A of part 375, to require that, in any case in which a shipper tenders any additional item or requests any additional service prior to loading a shipment, the affected covered carrier shall— (A) prepare a new estimate; and (B) maintain a record of the date, time, and manner in which the new estimate was accepted by the shipper. (6) Section 375.501(a), to establish that a covered carrier is not required to provide to a shipper an order for service if the covered carrier elects to provide the information described in paragraphs (1) through (15) of that section in a bill of lading that is presented to the shipper before the covered carrier receives the shipment. (7) Subpart H of part 375, to replace the replace the terms freight bill and expense bill with the term invoice . 3014. Improving Federal-State motor carrier safety enforcement coordination (a) Definitions In this section: (1) Covered State The term covered State means a State that receives Federal funds under the motor carrier safety assistance program established under section 31102 of title 49, United States Code. (2) Imminent hazard The term imminent hazard has the same meaning as in section 521 of title 49, United States Code. (b) Review and enforcement of State out-of-Service orders As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a process under which the Secretary shall review each out-of-service order issued by a covered State in accordance with section 31144(d) of title 49, United States Code, by not later than 30 days after the date on which the out-of-service order is submitted to the Secretary by the covered State. (c) Review and enforcement of State imminent hazard determinations (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a process under which the Secretary shall review imminent hazard determinations made by covered States. (2) Enforcement On reviewing an imminent hazard determination under paragraph (1), the Secretary shall pursue enforcement under section 521 of title 49, United States Code, as the Secretary determines to be appropriate. 3015. Limousine research (a) Definitions In this section: (1) Limousine The term limousine means a motor vehicle— (A) that has a seating capacity of 9 or more persons (including the driver); (B) with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds; and (C) that the Secretary has determined by regulation has physical characteristics resembling— (i) a passenger car; (ii) a multipurpose passenger vehicle; or (iii) a truck with a gross vehicle weight rating of 10,000 pounds or less. (2) Limousine operator The term limousine operator means a person who owns or leases, and uses, a limousine to transport passengers for compensation. (3) Motor vehicle safety standard The term motor vehicle safety standard has the meaning given the term in section 30102(a) of title 49, United States Code. (4) State The term State has the meaning given such term in section 30102(a) of title 49, United States Code. (b) Crashworthiness (1) Research Not later than 4 years after the date of enactment of this Act, the Secretary shall complete research into the development of motor vehicle safety standards for side impact protection, roof crush resistance, and air bag systems for the protection of occupants in limousines with alternative seating positions, including perimeter seating arrangements. (2) Rulemaking or report (A) Crashworthiness standards (i) In general Subject to clause (ii), not later than 2 years after the date on which the research under paragraph (1) is completed, the Secretary shall prescribe, for the protection of occupants in limousines with alternative seating positions, a final motor vehicle safety standard for each of the following: (I) Side impact protection. (II) Roof crush resistance. (III) Air bag systems. (ii) Requirements and considerations The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Secretary determines that the standard meets the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code. (B) Report If the Secretary determines that a motor vehicle safety standard described in subparagraph (A)(i) would not meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing the standard. (c) Evacuation (1) Research Not later than 2 years after the date of enactment of this Act, the Secretary shall complete research into safety features and standards that aid evacuation in the event that an exit in the passenger compartment of a limousine is blocked. (2) Rulemaking or report (A) Limousine evacuation (i) In general Subject to clause (ii), not later than 2 years after the date on which the research under paragraph (1) is completed, the Secretary shall prescribe a final motor vehicle safety standard based on the results of that research. (ii) Requirements and considerations The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Secretary determines that the standard meets the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code. (B) Report If the Secretary determines that a standard described in subparagraph (A)(i) would not meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing the standard. (d) Limousine inspection disclosure (1) In general A limousine operator may not introduce a limousine into interstate commerce unless the limousine operator has prominently disclosed in a clear and conspicuous notice, including on the website of the operator if the operator has a website, the following: (A) The date of the most recent inspection of the limousine required under State or Federal law, if applicable. (B) The results of the inspection, if applicable. (C) Any corrective action taken by the limousine operator to ensure the limousine passed inspection, if applicable. (2) Federal trade commission enforcement (A) In general The Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection. (B) Treatment Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). (3) Savings provision Nothing in this subsection limits the authority of the Federal Trade Commission under any other provision of law. (4) Effective date This subsection shall take effect on the date that is 180 days after the date of enactment of this Act. 3016. National Consumer Complaint Database (a) In general Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the National Consumer Complaint Database of the Federal Motor Carrier Safety Administration. (b) Contents The report under subsection (a) shall include— (1) a review of the process and effectiveness of efforts to review and follow-up on complaints submitted to the National Consumer Complaint Database; (2) an identification of the top 5 complaint categories; (3) an identification of— (A) the process that the Federal Motor Carrier Safety Administration uses to determine which entities to take enforcement actions against; and (B) the top categories of enforcement actions taken by the Federal Motor Carrier Safety Administration; (4) a review of the use of the National Consumer Complaint Database website over the 5-year period ending on December 31, 2020, including information obtained by conducting interviews with drivers, customers of movers of household goods, brokers, motor carriers, including small business motor carriers, and other users of the website to determine the usability of the website; (5) a review of efforts taken by the Federal Motor Carrier Safety Administration to raise awareness of the National Consumer Complaint Database; and (6) recommendations, as appropriate, including with respect to methods— (A) for improving the usability of the National Consumer Complaint Database website; (B) for improving the review of complaints; (C) for using data collected through the National Consumer Complaint Database to identify bad actors; (D) to improve confidence and transparency in the complaint process; and (E) for improving stakeholder awareness of and participation in the National Consumer Complaint Database and the complaint system, including improved communication about the purpose of the National Consumer Complaint Database. 3017. Electronic logging device oversight Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report detailing the processes— (1) used by the Federal Motor Carrier Safety Administration— (A) to review electronic logging device logs; and (B) to protect proprietary information and personally identifiable information obtained from electronic logging device logs; and (2) through which an operator may challenge or appeal a violation notice issued by the Federal Motor Carrier Safety Administration relating to an electronic logging device. IV Highway and motor vehicle safety A Highway traffic safety 4101. Authorization of appropriations (a) In general The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Highway safety programs To carry out section 402 of title 23, United States Code— (A) $363,400,000 for fiscal year 2022; (B) $370,900,000 for fiscal year 2023; (C) $378,400,000 for fiscal year 2024; (D) $385,900,000 for fiscal year 2025; and (E) $393,400,000 for fiscal year 2026. (2) Highway safety research and development To carry out section 403 of title 23, United States Code— (A) $186,000,000 for fiscal year 2022; (B) $190,000,000 for fiscal year 2023; (C) $194,000,000 for fiscal year 2024; (D) $198,000,000 for fiscal year 2025; and (E) $202,000,000 for fiscal year 2026. (3) High-visibility enforcement program To carry out section 404 of title 23, United States Code— (A) $36,400,000 for fiscal year 2022; (B) $38,300,000 for fiscal year 2023; (C) $40,300,000 for fiscal year 2024; (D) $42,300,000 for fiscal year 2025; and (E) $44,300,000 for fiscal year 2026. (4) National priority safety programs To carry out section 405 of title 23, United States Code— (A) $336,500,000 for fiscal year 2022; (B) $346,500,000 for fiscal year 2023; (C) $353,500,000 for fiscal year 2024; (D) $360,500,000 for fiscal year 2025; and (E) $367,500,000 for fiscal year 2026. (5) Administrative expenses For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code, and this title— (A) $38,000,000 for fiscal year 2022; (B) $39,520,000 for fiscal year 2023; (C) $41,100,800 for fiscal year 2024; (D) $42,744,832 for fiscal year 2025; and (E) $44,454,625 for fiscal year 2026. (6) National driver register For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code— (A) $6,800,000 for fiscal year 2022; (B) $7,000,000 for fiscal year 2023; (C) $7,200,000 for fiscal year 2024; (D) $7,400,000 for fiscal year 2025; and (E) $7,600,000 for fiscal year 2026. (b) Prohibition on other uses Except as otherwise provided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) or any other provision of law from the Highway Trust Fund (other than the Mass Transit Account) for a program under those chapters— (1) shall only be used to carry out that program; and (2) may not be used by a State or local government for construction purposes. (c) Applicability of title 23 Except as otherwise provided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) for fiscal years 2022 through 2026 shall be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code. (d) Highway safety general requirements (1) In general Chapter 4 of title 23, United States Code, is amended— (A) by redesignating sections 409 and 412 as sections 407 and 408, respectively; and (B) by inserting after section 405 the following: 406. General requirements for Federal assistance (a) Definition of funded project In this section, the term funded project means a project funded, in whole or in part, by a grant provided under this chapter. (b) Regulatory authority Each funded project shall be carried out in accordance with applicable regulations promulgated by the Secretary. (c) State matching requirements If a grant provided under this chapter requires any State to share in the cost of a funded project, the aggregate of the expenditures made by the State (including any political subdivision of the State) for highway safety activities during a fiscal year, exclusive of Federal funds, for carrying out the funded project (other than expenditures for planning or administration) shall be credited toward the non-Federal share of the cost of any other funded project (other than planning and administration) during that fiscal year, regardless of whether those expenditures were made in connection with the project. (d) Grant application and deadline (1) Applications To be eligible to receive a grant under this chapter, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Deadline The Secretary shall establish a single deadline for the submission of applications under paragraph (1) to enable the provision of grants under this chapter early in the first fiscal year beginning after the date of submission. (e) Distribution of funds to States Not later than 60 days after the date of enactment of any appropriations Act making funds available to carry out this chapter, the Secretary shall distribute to each State the portion of those funds to which the State is entitled for the applicable fiscal year. . (2) Clerical amendment The analysis for chapter 4 of title 23, United States Code, is amended by striking the items relating to sections 406 through 412 and inserting the following: 406. General requirements for Federal assistance. 407. Discovery and admission as evidence of certain reports and surveys. 408. Agency accountability. . 4102. Highway safety programs (a) In general Section 402 of title 23, United States Code, is amended— (1) by striking accidents each place it appears and inserting crashes ; (2) by striking accident each place it appears and inserting crash ; (3) in subsection (a)— (A) in paragraph (1), by striking shall have and all that follows through the period at the end and inserting the following: shall have in effect a highway safety program that— (i) is designed to reduce— (I) traffic crashes; and (II) deaths, injuries, and property damage resulting from those crashes; (ii) includes— (I) an approved, current, triennial highway safety plan in accordance with subsection (k); and (II) an approved grant application under subsection (l) for the fiscal year; (iii) demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and (iv) is approved by the Secretary. ; (B) in paragraph (2)(A)— (i) in clause (ii), by striking occupant protection devices (including the use of safety belts and child restraint systems) and inserting safety belts ; (ii) in clause (vii), by striking and at the end; (iii) by redesignating clauses (iii) through (viii) as clauses (iv) through (ix), respectively; (iv) by inserting after clause (ii) the following: (iii) to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations; ; and (v) by adding at the end the following: (x) to reduce crashes caused by driver misuse or misunderstanding of new vehicle technology; (xi) to increase vehicle recall awareness; (xii) to provide to the public information relating to the risks of child heatstroke death when left unattended in a motor vehicle after the motor is deactivated by the operator; (xiii) to reduce injuries and deaths resulting from the failure by drivers of motor vehicles to move to another traffic lane or reduce the speed of the vehicle when law enforcement, fire service, emergency medical services, or other emergency or first responder vehicles are stopped or parked on or next to a roadway with emergency lights activated; and (xiv) to prevent crashes, injuries, and deaths caused by unsecured vehicle loads; ; and (C) by adding at the end the following: (3) Additional considerations A State that has legalized medicinal or recreational marijuana shall take into consideration implementing programs in addition to the programs described in paragraph (2)(A)— (A) to educate drivers regarding the risks associated with marijuana-impaired driving; and (B) to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana. ; (4) in subsection (b)(1)— (A) in the matter preceding subparagraph (A), by striking may and inserting shall ; (B) by striking subparagraph (B) and inserting the following: (B) provide for a comprehensive, data-driven traffic safety program that results from meaningful public participation and engagement from affected communities, particularly those most significantly impacted by traffic crashes resulting in injuries and fatalities; ; (C) in subparagraph (C), by striking authorized in accordance with subparagraph (B) ; (D) in subparagraph (D), by striking with disabilities, including those in wheelchairs and inserting , including those with disabilities and those in wheelchairs ; (E) by striking subparagraph (E) and inserting the following: (E) as part of a comprehensive program, support— (i) data-driven traffic safety enforcement programs that foster effective community collaboration to increase public safety; and (ii) data collection and analysis to ensure transparency, identify disparities in traffic enforcement, and inform traffic enforcement policies, procedures, and activities; and ; and (F) in subparagraph (F)— (i) in clause (i), by striking national law enforcement mobilizations and high-visibility and inserting national, high-visibility ; (ii) in clause (iv), by striking and after the semicolon at the end; (iii) in clause (v), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (vi) unless the State highway safety program is developed by American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands, participation in the Fatality Analysis Reporting System. ; (5) in subsection (c)— (A) in paragraph (1)— (i) by striking the paragraph designation and heading and all that follows through Funds authorized and inserting the following: (1) Use for State activities (A) In general The funds authorized ; and (ii) by adding at the end the following: (B) Neighboring States A State, acting in cooperation with any neighboring State, may use funds provided under this section for a highway safety program that may confer a benefit on the neighboring State. ; (B) by striking paragraphs (2) and (3) and inserting the following: (2) Apportionment to States (A) Definition of public road In this paragraph, the term public road means any road that is— (i) subject to the jurisdiction of, and maintained by, a public authority; and (ii) held open to public travel. (B) Apportionment (i) In general Except for the amounts identified in section 403(f) and the amounts subject to subparagraph (C), of the funds made available under this section— (I) 75 percent shall be apportioned to each State based on the ratio that, as determined by the most recent decennial census— (aa) the population of the State; bears to (bb) the total population of all States; and (II) 25 percent shall be apportioned to each State based on the ratio that, subject to clause (ii)— (aa) the public road mileage in each State; bears to (bb) the total public road mileage in all States. (ii) Calculation For purposes of clause (i)(II), public road mileage shall be— (I) determined as of the end of the calendar year preceding the year during which the funds are apportioned; (II) certified by the Governor of the State; and (III) subject to approval by the Secretary. (C) Minimum apportionments The annual apportionment under this section to— (i) each State shall be not less than 3/4 of 1 percent of the total apportionment; (ii) the Secretary of the Interior shall be not less than 2 percent of the total apportionment; and (iii) the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be not less than 1/4 of 1 percent of the total apportionment. (D) Penalty (i) In general The funds apportioned under this section to a State that does not have approved or in effect a highway safety program described in subsection (a)(1) shall be reduced by an amount equal to not less than 20 percent of the amount that would otherwise be apportioned to the State under this section, until the date on which the Secretary, as applicable— (I) approves such a highway safety program; or (II) determines that the State is implementing such a program. (ii) Factor for consideration In determining the amount of the reduction in funds apportioned to a State under this subparagraph, the Secretary shall take into consideration the gravity of the failure by the State to secure approval, or to implement, a highway safety program described in subsection (a)(1). (E) Limitations (i) In general A highway safety program approved by the Secretary shall not include any requirement that a State shall implement such a program by adopting or enforcing any law, rule, or regulation based on a guideline promulgated by the Secretary under this section requiring any motorcycle operator aged 18 years or older, or a motorcycle passenger aged 18 years or older, to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State. (ii) Effect of guidelines Nothing in this section requires a State highway safety program to require compliance with every uniform guideline, or with every element of every uniform guideline, in every State. (3) Reapportionment (A) In general The Secretary shall promptly apportion to a State any funds withheld from the State under paragraph (2)(D) if the Secretary makes an approval or determination, as applicable, described in that paragraph by not later than July 31 of the fiscal year for which the funds were withheld. (B) Continuing State failure If the Secretary determines that a State fails to correct a failure to have approved or in effect a highway safety program described in subsection (a)(1) by the date described in subparagraph (A), the Secretary shall reapportion the funds withheld from that State under paragraph (2)(D) for the fiscal year to the other States in accordance with the formula described in paragraph (2)(B) by not later than the last day of the fiscal year. ; and (C) in paragraph (4)— (i) by striking subparagraph (C); (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (A), respectively, and moving the subparagraphs so as to appear in alphabetical order; and (iii) by adding at the end the following: (C) Special rule for school and work zones Notwithstanding subparagraph (B), a State may expend funds apportioned to the State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system in a work zone or school zone. (D) Automated traffic enforcement system guidelines An automated traffic enforcement system installed pursuant to subparagraph (C) shall comply with such guidelines applicable to speed enforcement camera systems and red light camera systems as are established by the Secretary. ; (6) in subsection (k)— (A) by striking the subsection designation and heading and all that follows through thereafter in paragraph (1) and inserting the following: (k) Triennial highway safety plan (1) In general For fiscal year 2022, and not less frequently than once every 3 fiscal years thereafter ; (B) in paragraph (1), by striking for that fiscal year, to develop and submit to the Secretary for approval a highway safety plan and inserting for the 3 fiscal years covered by the plan, to develop and submit to the Secretary for approval a triennial highway safety plan ; (C) by striking paragraph (2) and inserting the following: (2) Timing Each State shall submit to the Secretary a triennial highway safety plan by not later than July 1 of the fiscal year preceding the first fiscal year covered by the plan. ; (D) in paragraph (3), by inserting triennial before highway ; (E) in paragraph (4)— (i) in the matter preceding subparagraph (A)— (I) by striking State highway safety plans and inserting Each State triennial highway safety plan ; and (II) by inserting , with respect to the 3 fiscal years covered by the plan, based on the information available on the date of submission under paragraph (2) after include ; (ii) in subparagraph (A)(ii), by striking annual performance targets and inserting performance targets that demonstrate constant or improved performance ; (iii) by striking subparagraph (B) and inserting the following: (B) a countermeasure strategy for programming funds under this section for projects that will allow the State to meet the performance targets described in subparagraph (A), including a description— (i) that demonstrates the link between the effectiveness of each proposed countermeasure strategy and those performance targets; and (ii) of the manner in which each countermeasure strategy is informed by uniform guidelines issued by the Secretary; ; and (iv) in subparagraph (D), by striking , State, local, or private ; (F) by striking paragraph (5) and inserting the following: (5) Performance measures The Secretary shall develop minimum performance measures under paragraph (4)(A) in consultation with the Governors Highway Safety Association. ; and (G) in paragraph (6)— (i) in the paragraph heading, by inserting triennial before highway ; (ii) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; (iii) in each of subparagraphs (C) through (F) (as so redesignated), by inserting triennial before highway each place it appears; and (iv) by striking subparagraph (A) and inserting the following: (A) In general Except as provided in subparagraph (B), the Secretary shall review and approve or disapprove a triennial highway safety plan of a State by not later than 60 days after the date on which the plan is received by the Secretary. (B) Additional information (i) In general The Secretary may request a State to submit to the Secretary such additional information as the Secretary determines to be necessary for review of the triennial highway safety plan of the State. (ii) Extension of deadline On providing to a State a request for additional information under clause (i), the Secretary may extend the deadline to approve or disapprove the triennial highway safety plan of the State under subparagraph (A) for not more than an additional 90 days, as the Secretary determines to be necessary to accommodate that request, subject to clause (iii). (iii) Timing Any additional information requested under clause (i) shall be submitted to the Secretary by not later than 7 business days after the date of receipt by the State of the request. ; (7) by inserting after subsection (k) the following: (l) Annual grant application and reporting requirements (1) Annual grant application (A) In general To be eligible to receive grant funds under this chapter for a fiscal year, each State shall submit to the Secretary an annual grant application that, as determined by the Secretary— (i) demonstrates alignment with the approved triennial highway safety plan of the State; and (ii) complies with the requirements under this subsection. (B) Timing The deadline for submission of annual grant applications under this paragraph shall be determined by the Secretary in accordance with section 406(d)(2). (C) Contents An annual grant application under this paragraph shall include, at a minimum— (i) such updates as the State determines to be necessary to any analysis included in the triennial highway safety plan of the State; (ii) an identification of each project and subrecipient to be funded by the State using the grants during the upcoming grant year, subject to the condition that the State shall separately submit, on a date other than the date of submission of the annual grant application, a description of any projects or subrecipients to be funded, as that information becomes available; (iii) a description of the means by which the strategy of the State to use grant funds was adjusted and informed by the previous report of the State under paragraph (2); and (iv) an application for any additional grants available to the State under this chapter. (D) Review The Secretary shall review and approve or disapprove an annual grant application under this paragraph by not later than 60 days after the date of submission of the application. (2) Reporting requirements Not later than 120 days after the end of each fiscal year for which a grant is provided to a State under this chapter, the State shall submit to the Secretary an annual report that includes— (A) an assessment of the progress made by the State in achieving the performance targets identified in the triennial highway safety plan of the State, based on the most currently available Fatality Analysis Reporting System data; and (B) (i) a description of the extent to which progress made in achieving those performance targets is aligned with the triennial highway safety plan of the State; and (ii) if applicable, any plans of the State to adjust a strategy for programming funds to achieve the performance targets. ; (8) in subsection (m)(1), by striking a State’s highway safety plan and inserting the applicable triennial highway safety plan of the State ; and (9) by striking subsection (n) and inserting the following: (n) Public transparency (1) In general The Secretary shall publicly release on a Department of Transportation website, by not later than 45 calendar days after the applicable date of availability— (A) each triennial highway safety plan approved by the Secretary under subsection (k); (B) each State performance target under subsection (k); and (C) an evaluation of State achievement of applicable performance targets under subsection (k). (2) State highway safety plan website (A) In general In carrying out paragraph (1), the Secretary shall establish a public website that is easily accessible, navigable, and searchable for the information required under that paragraph, in order to foster greater transparency in approved State highway safety programs. (B) Contents The website established under subparagraph (A) shall— (i) include the applicable triennial highway safety plan, and the annual report, of each State submitted to, and approved by, the Secretary under subsection (k); and (ii) provide a means for the public to search the website for State highway safety program content required under subsection (k), including— (I) performance measures required by the Secretary; (II) progress made toward meeting the applicable performance targets during the preceding program year; (III) program areas and expenditures; and (IV) a description of any sources of funds, other than funds provided under this section, that the State proposes to use to carry out the triennial highway safety plan of the State. . (b) Effective date The amendments made by subsection (a) shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter. 4103. Highway safety research and development Section 403 of title 23, United States Code, is amended— (1) by striking accident each place it appears and inserting crash ; (2) in subsection (b)(1), in the matter preceding subparagraph (A), by inserting , training, education, after demonstration projects ; (3) in subsection (f)(1)— (A) by striking $2,500,000 and inserting $3,500,000 ; (B) by striking subsection 402(c) in each fiscal year ending before October 1, 2015 and inserting section 402(c)(2) in each fiscal year ending before October 1, 2021 ; and (C) by striking section 402(c) in the period beginning on October 1, 2015, and ending on December 4, 2015 and inserting section 402(c)(2) beginning on October 1, 2021, and ending on December 4, 2021 ; (4) in subsection (h)— (A) by redesignating paragraphs (1), (2), (3), (4), and (5) as paragraphs (2), (3), (4), (5), and (1), respectively, and moving the paragraphs so as to appear in numerical order; (B) in subparagraph (A) of paragraph (1) (as so redesignated), by striking section 30102(a)(6) and inserting section 30102(a) ; and (C) in paragraph (3) (as so redesignated), by striking paragraph (1) and inserting paragraph (2) ; and (5) by adding at the end the following: (k) Child safety campaign (1) In general The Secretary shall carry out an education campaign to reduce the incidence of vehicular heatstroke of children left in passenger motor vehicles (as defined in section 30102(a) of title 49). (2) Advertising The Secretary may use, or authorize the use of, funds made available to carry out this section to pay for the development, production, and use of broadcast and print media advertising and Internet-based outreach for the education campaign under paragraph (1). (3) Coordination In carrying out the education campaign under paragraph (1), the Secretary shall coordinate with— (A) interested State and local governments; (B) private industry; and (C) other parties, as determined by the Secretary. (l) Development of State processes for informing consumers of recalls (1) Definitions In this subsection: (A) Motor vehicle The term motor vehicle has the meaning given the term in section 30102(a) of title 49. (B) Open recall The term open recall means a motor vehicle recall— (i) for which a notification by a manufacturer has been provided under section 30119 of title 49; and (ii) that has not been remedied under section 30120 of that title. (C) Program The term program means the program established under paragraph (2)(A). (D) Registration The term registration means the process for registering a motor vehicle in a State (including registration renewal). (E) State The term State has the meaning given the term in section 101(a). (2) Grants (A) Establishment of program Not later than 2 years after the date of enactment of this subsection, the Secretary shall establish a program under which the Secretary shall provide grants to States for use in developing and implementing State processes for informing each applicable owner and lessee of a motor vehicle of any open recall on the motor vehicle at the time of registration of the motor vehicle in the State, in accordance with this paragraph. (B) Eligibility To be eligible to receive a grant under the program, a State shall— (i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (ii) agree— (I) to notify each owner or lessee of a motor vehicle presented for registration in the State of any open recall on that motor vehicle; and (II) to provide to each owner or lessee of a motor vehicle presented for registration, at no cost— (aa) the open recall information for the motor vehicle; and (bb) such other information as the Secretary may require. (C) Factors for consideration In selecting grant recipients under the program, the Secretary shall take into consideration the methodology of a State for— (i) identifying open recalls on a motor vehicle; (ii) informing each owner and lessee of a motor vehicle of an open recall; and (iii) measuring performance in— (I) informing owners and lessees of open recalls; and (II) remedying open recalls. (D) Performance period A grant provided under the program shall require a performance period of 2 years. (E) Report Not later than 90 days after the date of completion of the performance period under subparagraph (D), each State that receives a grant under the program shall submit to the Secretary a report that contains such information as the Secretary considers to be necessary to evaluate the extent to which open recalls have been remedied in the State. (F) No regulations required Notwithstanding any other provision of law, the Secretary shall not be required to issue any regulations to carry out the program. (3) Paperwork Reduction Act Chapter 35 of title 44 (commonly known as the Paperwork Reduction Act ) shall not apply to information collected under the program. (4) Funding For each of fiscal years 2022 through 2026, the Secretary shall obligate from funds made available to carry out this section $1,500,000 to carry out the program. (m) Innovative highway safety countermeasures (1) In general In conducting research under this section, the Secretary shall evaluate the effectiveness of innovative behavioral traffic safety countermeasures, other than traffic enforcement, that are considered promising or likely to be effective for the purpose of enriching revisions to the document entitled Countermeasures That Work: A Highway Safety Countermeasure Guide for State Highway Safety Offices, Ninth Edition and numbered DOT HS 812 478 (or any successor document). (2) Treatment The research described in paragraph (1) shall be in addition to any other research carried out under this section. . 4104. High-visibility enforcement programs Section 404(a) of title 23, United States Code, is amended by striking each of fiscal years 2016 through 2020 and inserting each fiscal year . 4105. National priority safety programs (a) In general Section 405 of title 23, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraphs (6) and (9); (B) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; (C) by striking the subsection designation and heading and all that follows through the following: in the matter preceding paragraph (2) (as so redesignated) and inserting the following: (a) Program authority (1) In general Subject to the requirements of this section, the Secretary shall— (A) manage programs to address national priorities for reducing highway deaths and injuries; and (B) allocate funds for the purpose described in subparagraph (A) in accordance with this subsection. ; (D) in paragraph (4) (as so redesignated), by striking 52.5 percent and inserting 53 percent ; (E) in paragraph (7)— (i) by striking 5 percent and inserting 7 percent ; and (ii) by striking subsection (h) and inserting subsection (g) ; (F) by redesignating paragraphs (8) and (10) as paragraphs (10) and (11), respectively; (G) by inserting after paragraph (7) the following: (8) Preventing roadside deaths In each fiscal year, 1 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to preventing roadside deaths under subsection (h). (9) Driver officer safety education In each fiscal year, 1 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to driver and officer safety education under subsection (i). ; and (H) in paragraph (10) (as so redesignated)— (i) by striking (1) through (7) and inserting (2) through (9) ; and (ii) by striking (b) through (h) and inserting (b) through (i) ; (2) in subsection (b)— (A) in paragraph (1), by striking of Transportation ; (B) in paragraph (3)(B)(ii)(VI)(aa), by striking 3-year and inserting 5-year ; and (C) in paragraph (4)— (i) in subparagraph (A), by striking clause (v) and inserting the following: (v) implement programs— (I) to recruit and train nationally certified child passenger safety technicians among police officers, fire and other first responders, emergency medical personnel, and other individuals or organizations serving low-income and underserved populations; (II) to educate parents and caregivers in low-income and underserved populations regarding the importance of proper use and correct installation of child restraints on every trip in a motor vehicle; and (III) to purchase and distribute child restraints to low-income and underserved populations; and ; and (ii) by striking subparagraph (B) and inserting the following: (B) Requirements Each State that is eligible to receive funds— (i) under paragraph (3)(A) shall use— (I) not more than 90 percent of those funds to carry out a project or activity eligible for funding under section 402; and (II) any remaining funds to carry out subparagraph (A)(v); and (ii) under paragraph (3)(B) shall use not less than 10 percent of those funds to carry out the activities described in subparagraph (A)(v). ; (3) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking of Transportation ; and (ii) in subparagraph (D), by striking States; and and inserting States, including the National EMS Information System; ; (B) in paragraph (3)— (i) by striking the paragraph designation and heading and all that follows through has a functioning in subparagraph (A) and inserting the following: (3) Eligibility A State shall not be eligible to receive a grant under this subsection for a fiscal year unless the State— (A) has certified to the Secretary that the State— (i) has a functioning ; (ii) in subparagraph (B)— (I) by adding and after the semicolon at the end; and (II) by redesignating the subparagraph as clause (ii) of subparagraph (A) and indenting the clause appropriately; (iii) in subparagraph (C)— (I) by adding and after the semicolon at the end; and (II) by redesignating the subparagraph as clause (iii) of subparagraph (A) and indenting the clause appropriately; (iv) by redesignating subparagraph (D) as subparagraph (B); (v) in clause (vi) of subparagraph (B) (as so redesignated), by striking ; and and inserting a period; and (vi) by striking subparagraph (E); (C) by striking paragraph (4) and inserting the following: (4) Use of grant amounts A State may use a grant received under this subsection to make data program improvements to core highway safety databases relating to quantifiable, measurable progress in any significant data program attribute described in paragraph (3)(B), including through— (A) software or applications to identify, collect, and report data to State and local government agencies, and enter data into State core highway safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle data; (B) purchasing equipment to improve a process by which data are identified, collated, and reported to State and local government agencies, including technology for use by law enforcement for near-real time, electronic reporting of crash data; (C) improving the compatibility and interoperability of the core highway safety databases of the State with national data systems and data systems of other States, including the National EMS Information System; (D) enhancing the ability of a State and the Secretary to observe and analyze local, State, and national trends in crash occurrences, rates, outcomes, and circumstances; (E) supporting traffic records improvement training and expenditures for law enforcement, emergency medical, judicial, prosecutorial, and traffic records professionals; (F) hiring traffic records professionals for the purpose of improving traffic information systems (including a State Fatal Accident Reporting System (FARS) liaison); (G) adoption of the Model Minimum Uniform Crash Criteria, or providing to the public information regarding why any of those criteria will not be used, if applicable; (H) supporting reporting criteria relating to emerging topics, including— (i) impaired driving as a result of drug, alcohol, or polysubstance consumption; and (ii) advanced technologies present on motor vehicles; and (I) conducting research relating to State traffic safety information systems, including developing programs to improve core highway safety databases and processes by which data are identified, collected, reported to State and local government agencies, and entered into State core safety databases. ; and (D) by adding at the end the following: (6) Technical assistance (A) In general The Secretary shall provide technical assistance to States, regardless of whether a State receives a grant under this subsection, with respect to improving the timeliness, accuracy, completeness, uniformity, integration, and public accessibility of State safety data that are needed to identify priorities for Federal, State, and local highway and traffic safety programs, including on adoption by a State of the Model Minimum Uniform Crash Criteria. (B) Funds The Secretary may use not more than 3 percent of the amounts available under this subsection to carry out subparagraph (A). ; (4) in subsection (d)— (A) in paragraph (4)— (i) in subparagraph (B)— (I) by striking clause (iii) and inserting the following: (iii) court support of impaired driving prevention efforts, including— (I) hiring criminal justice professionals, including law enforcement officers, prosecutors, traffic safety resource prosecutors, judges, judicial outreach liaisons, and probation officers; (II) training and education of those professionals to assist the professionals in preventing impaired driving and handling impaired driving cases, including by providing compensation to a law enforcement officer to carry out safety grant activities to replace a law enforcement officer who is receiving drug recognition expert training or participating as an instructor in that drug recognition expert training; and (III) establishing driving while intoxicated courts; ; (II) by striking clause (v) and inserting the following: (v) improving blood alcohol and drug concentration screening and testing, detection of potentially impairing drugs (including through the use of oral fluid as a specimen), and reporting relating to testing and detection; ; (III) in clause (vi), by striking conducting standardized field sobriety training, advanced roadside impaired driving evaluation training, and and inserting conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and ; (IV) in clause (ix), by striking and at the end; (V) in clause (x), by striking the period at the end and inserting ; and ; and (VI) by adding at the end the following: (xi) testing and implementing programs, and purchasing technologies, to better identify, monitor, or treat impaired drivers, including— (I) oral fluid-screening technologies; (II) electronic warrant programs; (III) equipment to increase the scope, quantity, quality, and timeliness of forensic toxicology chemical testing; (IV) case management software to support the management of impaired driving offenders; and (V) technology to monitor impaired-driving offenders, and equipment and related expenditures used in connection with impaired-driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration. ; and (ii) in subparagraph (C)— (I) in the second sentence, by striking Medium-range and inserting the following: (ii) Medium-range and high-range States Subject to clause (iii), medium-range ; (II) in the first sentence, by striking Low-range and inserting the following: (i) Low-range States Subject to clause (iii), low-range ; and (III) by adding at the end the following: (iii) Reporting and impaired driving measures A State may use grant funds for any expenditure relating to— (I) increasing the timely and accurate reporting to Federal, State, and local databases of— (aa) crash information, including electronic crash reporting systems that allow accurate real- or near-real-time uploading of crash information; and (bb) impaired driving criminal justice information; or (II) researching or evaluating impaired driving countermeasures. ; (B) in paragraph (6)— (i) by striking subparagraph (A) and inserting the following: (A) Grants to States with alcohol-ignition interlock laws The Secretary shall make a separate grant under this subsection to each State that— (i) adopts, and is enforcing, a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated; (ii) does not allow an individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive any driving privilege or driver’s license unless the individual installs on each motor vehicle registered, owned, or leased for operation by the individual an ignition interlock for a period of not less than 180 days; or (iii) has in effect, and is enforcing— (I) a State law requiring for any individual who is convicted of, or the driving privilege of whom is revoked or denied for, refusing to submit to a chemical or other appropriate test for the purpose of determining the presence or concentration of any intoxicating substance, a State law requiring a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and (II) a compliance-based removal program, under which an individual convicted of driving under the influence of alcohol or of driving while intoxicated shall— (aa) satisfy a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and (bb) have completed a minimum consecutive period of not less than 40 percent of the required period of ignition interlock installation immediately preceding the date of release of the individual, without a confirmed violation. ; and (ii) in subparagraph (D), by striking 2009 and inserting 2022 ; and (C) in paragraph (7)(A), in the matter preceding clause (i), by inserting or local after authorizes a State ; (5) in subsection (e)— (A) by striking paragraphs (6) and (8); (B) by redesignating paragraphs (1), (2), (3), (4), (5), (7), and (9) as paragraphs (2), (4), (6), (7), (8), (9), and (1), respectively, and moving the paragraphs so as to appear in numerical order; (C) in paragraph (1) (as so redesignated)— (i) in the matter preceding subparagraph (A), by striking , the following definitions apply ; (ii) by striking subparagraph (B) and inserting the following: (B) Personal wireless communications device (i) In general The term personal wireless communications device means— (I) a device through which personal wireless services (as defined in section 332(c)(7)(C) of the Communications Act of 1934 ( 47 U.S.C. 332(c)(7)(C) )) are transmitted; and (II) a mobile telephone or other portable electronic communication device with which a user engages in a call or writes, sends, or reads a text message using at least 1 hand. (ii) Exclusion The term personal wireless communications device does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. ; and (iii) by striking subparagraph (E) and inserting the following: (E) Text The term text means— (i) to read from, or manually to enter data into, a personal wireless communications device, including for the purpose of SMS texting, emailing, instant messaging, or any other form of electronic data retrieval or electronic data communication; and (ii) manually to enter, send, or retrieve a text message to communicate with another individual or device. (F) Text message (i) In general The term text message means— (I) a text-based message; (II) an instant message; (III) an electronic message; and (IV) email. (ii) Exclusions The term text message does not include— (I) an emergency, traffic, or weather alert; or (II) a message relating to the operation or navigation of a motor vehicle. ; (D) by striking paragraph (2) (as so redesignated) and inserting the following: (2) Grant program The Secretary shall provide a grant under this subsection to any State that includes distracted driving awareness as part of the driver’s license examination of the State. (3) Allocation (A) In general For each fiscal year, not less than 50 percent of the amounts made available to carry out this subsection shall be allocated to States, based on the proportion that— (i) the apportionment of the State under section 402 for fiscal year 2009; bears to (ii) the apportionment of all States under section 402 for that fiscal year. (B) Grants for States with distracted driving laws (i) In general In addition to the allocations under subparagraph (A), for each fiscal year, not more than 50 percent of the amounts made available to carry out this subsection shall be allocated to States that enact and enforce a law that meets the requirements of paragraph (4), (5), or (6)— (I) based on the proportion that— (aa) the apportionment of the State under section 402 for fiscal year 2009; bears to (bb) the apportionment of all States under section 402 for that fiscal year; and (II) subject to clauses (ii), (iii), and (iv), as applicable. (ii) Primary laws Subject to clause (iv), in the case of a State that enacts and enforces a law that meets the requirements of paragraph (4), (5), or (6) as a primary offense, the allocation to the State under this subparagraph shall be 100 percent of the amount calculated to be allocated to the State under clause (i)(I). (iii) Secondary laws Subject to clause (iv), in the case of a State that enacts and enforces a law that meets the requirements of paragraph (4), (5), or (6) as a secondary enforcement action, the allocation to the State under this subparagraph shall be an amount equal to 50 percent of the amount calculated to be allocated to the State under clause (i)(I). (iv) Texting while driving Notwithstanding clauses (ii) and (iii), the allocation under this subparagraph to a State that enacts and enforces a law that prohibits a driver from viewing a personal wireless communications device (except for purposes of navigation) shall be 25 percent of the amount calculated to be allocated to the State under clause (i)(I). ; (E) in paragraph (4) (as so redesignated)— (i) in the matter preceding subparagraph (A), by striking set forth in this and inserting of this ; (ii) by striking subparagraph (B); (iii) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (iv) in subparagraph (B) (as so redesignated), by striking minimum ; and (v) in subparagraph (C) (as so redesignated), by striking text through a personal wireless communication device and inserting use a personal wireless communications device for texting ; (F) by inserting after paragraph (4) (as so redesignated) the following: (5) Prohibition on handheld phone use while driving A State law meets the requirements of this paragraph if the law— (A) prohibits a driver from holding a personal wireless communications device while driving; (B) establishes a fine for a violation of that law; and (C) does not provide for an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic. ; (G) in paragraph (6) (as so redesignated)— (i) in the matter preceding subparagraph (A), by striking set forth in this and inserting of this ; (ii) in subparagraph (A)(ii), by striking set forth in subsection (g)(2)(B) ; (iii) by striking subparagraphs (B) and (D); (iv) by redesignating subparagraph (C) as subparagraph (B); (v) in subparagraph (B) (as so redesignated), by striking minimum ; and (vi) by adding at the end the following: (C) does not provide for— (i) an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic; or (ii) an exemption described in paragraph (7)(E). ; and (H) in paragraph (7) (as so redesignated)— (i) in the matter preceding subparagraph (A), by striking set forth in paragraph (2) or (3) and inserting of paragraph (4), (5), or (6) ; (ii) by striking subparagraph (A) and inserting the following: (A) a driver who uses a personal wireless communications device during an emergency to contact emergency services to prevent injury to persons or property; ; (iii) in subparagraph (C), by striking and at the end; (iv) by redesignating subparagraph (D) as subparagraph (F); and (v) by inserting after subparagraph (C) the following: (D) a driver who uses a personal wireless communications device for navigation; (E) except for a law described in paragraph (6), the use of a personal wireless communications device— (i) in a hands-free manner; (ii) with a hands-free accessory; or (iii) with the activation or deactivation of a feature or function of the personal wireless communications device with the motion of a single swipe or tap of the finger of the driver; and ; (6) in subsection (f)(3)— (A) in subparagraph (A)(i), by striking accident and inserting crash ; (B) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively; (C) by inserting after subparagraph (B) the following: (C) Helmet law A State law requiring the use of a helmet for each motorcycle rider under the age of 18. ; and (D) in subparagraph (F) (as so redesignated), in the subparagraph heading, by striking accidents and inserting crashes ; (7) by striking subsection (g); (8) by redesignating subsection (h) as subsection (g); (9) in subsection (g) (as so redesignated)— (A) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; (B) by inserting before paragraph (2) (as so redesignated) the following: (1) Definition of nonmotorized road user In this subsection, the term nonmotorized road user means— (A) a pedestrian; (B) an individual using a nonmotorized mode of transportation, including a bicycle, a scooter, or a personal conveyance; and (C) an individual using a low-speed or low-horsepower motorized vehicle, including an electric bicycle, electric scooter, personal mobility assistance device, personal transporter, or all-terrain vehicle. ; (C) in paragraph (2) (as so redesignated), by striking pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle and inserting nonmotorized road user fatalities involving a motor vehicle in transit on a trafficway ; (D) in paragraph (4) (as so redesignated), by striking pedestrian and bicycle and inserting nonmotorized road user ; and (E) by striking paragraph (5) (as so redesignated) and inserting the following: (5) Use of grant amounts Grant funds received by a State under this subsection may be used for the safety of nonmotorized road users, including— (A) training of law enforcement officials relating to nonmotorized road user safety, State laws applicable to nonmotorized road user safety, and infrastructure designed to improve nonmotorized road user safety; (B) carrying out a program to support enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to nonmotorized road user safety; (C) public education and awareness programs designed to inform motorists and nonmotorized road users regarding— (i) nonmotorized road user safety, including information relating to nonmotorized mobility and the importance of speed management to the safety of nonmotorized road users; (ii) the value of the use of nonmotorized road user safety equipment, including lighting, conspicuity equipment, mirrors, helmets, and other protective equipment, and compliance with any State or local laws requiring the use of that equipment; (iii) State traffic laws applicable to nonmotorized road user safety, including the responsibilities of motorists with respect to nonmotorized road users; and (iv) infrastructure designed to improve nonmotorized road user safety; and (D) the collection of data, and the establishment and maintenance of data systems, relating to nonmotorized road user traffic fatalities. ; and (10) by adding at the end the following: (h) Preventing roadside deaths (1) In general The Secretary shall provide grants to States to prevent death and injury from crashes involving motor vehicles striking other vehicles and individuals stopped at the roadside. (2) Federal share The Federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed 80 percent. (3) Eligibility A State shall receive a grant under this subsection in a fiscal year if the State submits to the Secretary a plan that describes the method by which the State will use grant funds in accordance with paragraph (4). (4) Use of funds Amounts received by a State under this subsection shall be used by the State— (A) to purchase and deploy digital alert technology that— (i) is capable of receiving alerts regarding nearby first responders; and (ii) in the case of a motor vehicle that is used for emergency response activities, is capable of sending alerts to civilian drivers to protect first responders on the scene and en route; (B) to educate the public regarding the safety of vehicles and individuals stopped at the roadside in the State through public information campaigns for the purpose of reducing roadside deaths and injury; (C) for law enforcement costs relating to enforcing State laws to protect the safety of vehicles and individuals stopped at the roadside; and (D) for programs to identify, collect, and report to State and local government agencies data relating to crashes involving vehicles and individuals stopped at the roadside. (5) Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of that State under section 402 for fiscal year 2022. (i) Driver and officer safety education (1) Definition of peace officer In this subsection, the term peace officer includes any individual— (A) who is an elected, appointed, or employed agent of a government entity; (B) who has the authority— (i) to carry firearms; and (ii) to make warrantless arrests; and (C) whose duties involve the enforcement of criminal laws of the United States. (2) Grants Subject to the requirements of this subsection, the Secretary shall provide grants to— (A) States that enact or adopt a law or program described in paragraph (4); and (B) qualifying States under paragraph (7). (3) Federal share The Federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed 80 percent. (4) Description of law or program A law or program referred to in paragraph (2)(A) is a law or program that requires 1 or more of the following: (A) Driver education and driving safety courses The inclusion, in driver education and driver safety courses provided to individuals by educational and motor vehicle agencies of the State, of instruction and testing relating to law enforcement practices during traffic stops, including information relating to— (i) the role of law enforcement and the duties and responsibilities of peace officers; (ii) the legal rights of individuals concerning interactions with peace officers; (iii) best practices for civilians and peace officers during those interactions; (iv) the consequences for failure of an individual or officer to comply with the law or program; and (v) how and where to file a complaint against, or a compliment relating to, a peace officer. (B) Peace officer training programs Development and implementation of a training program, including instruction and testing materials, for peace officers and reserve law enforcement officers (other than officers who have received training in a civilian course described in subparagraph (A)) with respect to proper interaction with civilians during traffic stops. (5) Use of funds A State may use a grant provided under this subsection for— (A) the production of educational materials and training of staff for driver education and driving safety courses and peace officer training described in paragraph (4); and (B) the implementation of a law or program described in paragraph (4). (6) Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of that State under section 402 for fiscal year 2022. (7) Special rule for certain States (A) Definition of qualifying State In this paragraph, the term qualifying State means a State that— (i) has received a grant under this subsection for a period of not more than 5 years; and (ii) as determined by the Secretary— (I) has not fully enacted or adopted a law or program described in paragraph (4); but (II) (aa) has taken meaningful steps toward the full implementation of such a law or program; and (bb) has established a timetable for the implementation of such a law or program. (B) Withholding The Secretary shall— (i) withhold 50 percent of the amount that each qualifying State would otherwise receive under this subsection if the qualifying State were a State described in paragraph (2)(A); and (ii) direct any amounts withheld under clause (i) for distribution among the States that are enforcing and carrying out a law or program described in paragraph (4). . (b) Technical amendment Section 4010(2) of the FAST Act ( 23 U.S.C. 405 note; Public Law 114–94 ) is amended by inserting all before deficiencies . 4106. Multiple substance-impaired driving prevention (a) Impaired driving countermeasures Section 154(c)(1) of title 23, United States Code, is amended by striking alcohol-impaired each place it appears and inserting impaired . (b) Comptroller General study of national DUI reporting (1) In general The Comptroller General of the United States shall conduct a study of the reporting of impaired driving arrest and citation data into Federal databases and the interstate sharing of information relating to impaired driving-related convictions and license suspensions to facilitate the widespread identification of repeat impaired driving offenders. (2) Inclusions The study conducted under paragraph (1) shall include a detailed assessment of— (A) the extent to which State and local criminal justice agencies are reporting impaired driving arrest and citation data to Federal databases; (B) barriers— (i) at the Federal, State, and local levels, to the reporting of impaired driving arrest and citation data to Federal databases; and (ii) to the use of those databases by criminal justice agencies; (C) Federal, State, and local resources available to improve the reporting and sharing of impaired driving data; and (D) any options or recommendations for actions that Federal agencies or Congress could take to further improve the reporting and sharing of impaired driving data. (3) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report describing the results of the study conducted under this subsection. 4107. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence Section 164(b)(1) of title 23, United States Code, is amended— (1) in subparagraph (A), by striking alcohol-impaired and inserting alcohol- or multiple substance-impaired ; and (2) in subparagraph (B)— (A) by striking intoxicated or driving and inserting intoxicated, driving while multiple substance-impaired, or driving ; and (B) by striking alcohol-impaired and inserting alcohol- or multiple substance-impaired . 4108. Crash data (a) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall revise the crash data collection system to include the collection of crash report data elements that distinguish individual personal conveyance vehicles, such as electric scooters and bicycles, from other vehicles involved in a crash. (b) Coordination In carrying out subsection (a), the Secretary may coordinate with States to update the Model Minimum Uniform Crash Criteria to provide guidance to States regarding the collection of information and data elements for the crash data collection system. (c) Vulnerable road users (1) Update Based on the information contained in the vulnerable road user safety assessments required by subsection (f) of section 32302 of title 49, United States Code (as added by section 4213(b)(2)), the Secretary shall modify existing crash data collection systems to include the collection of additional crash report data elements relating to vulnerable road user safety. (2) Injury health data The Secretary shall coordinate with the Director of the Centers for Disease Control and Prevention to develop and implement a plan for States to combine highway crash data and injury health data to produce a national database of pedestrian injuries and fatalities, disaggregated by demographic characteristics. (d) State electronic data collection (1) Definitions In this subsection: (A) Electronic data transfer The term electronic data transfer means a protocol for automated electronic transfer of State crash data to the National Highway Traffic Safety Administration. (B) State The term State means— (i) each of the 50 States; (ii) the District of Columbia; (iii) the Commonwealth of Puerto Rico; (iv) the United States Virgin Islands; (v) Guam; (vi) American Samoa; (vii) the Commonwealth of the Northern Mariana Islands; and (viii) the Secretary of the Interior, acting on behalf of an Indian Tribe. (2) Establishment of program The Secretary shall establish a program under which the Secretary shall— (A) provide grants for the modernization of State data collection systems to enable full electronic data transfer under paragraph (3); and (B) upgrade the National Highway Traffic Safety Administration system to manage and support State electronic data transfers relating to crashes under paragraph (4). (3) State grants (A) In general The Secretary shall provide grants to States to upgrade and standardize State crash data systems to enable electronic data collection, intrastate data sharing, and electronic data transfers to the National Highway Traffic Safety Administration to increase the accuracy, timeliness, and accessibility of the data, including data relating to fatalities involving vulnerable road users. (B) Eligibility A State shall be eligible to receive a grant under this paragraph if the State submits to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, that includes a plan to implement full electronic data transfer to the National Highway Traffic Safety Administration by not later than 5 years after the date on which the grant is provided. (C) Use of funds A grant provided under this paragraph may be used for the costs of— (i) equipment to upgrade a statewide crash data repository; (ii) adoption of electronic crash reporting by law enforcement agencies; and (iii) increasing alignment of State crash data with the latest Model Minimum Uniform Crash Criteria. (D) Federal share The Federal share of the cost of a project funded with a grant under this paragraph may be up to 80 percent. (4) National Highway Traffic Safety Administration system upgrade The Secretary shall manage and support State electronic data transfers relating to vehicle crashes by— (A) increasing the capacity of the National Highway Traffic Safety Administration system; and (B) making State crash data accessible to the public. (e) Crash Investigation Sampling System The Secretary may use funds made available to carry out this section to enhance the collection of crash data by upgrading the Crash Investigation Sampling System to include— (1) additional program sites; (2) an expanded scope that includes all crash types; and (3) on-scene investigation protocols. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. 4109. Review of Move Over or Slow Down Law public awareness (a) Definition of Move Over or Slow Down Law In this section, the term Move Over or Slow Down Law means any Federal or State law intended to ensure first responder and motorist safety by requiring motorists to change lanes or slow down when approaching an authorized emergency vehicle that is stopped or parked on or next to a roadway with emergency lights activated. (b) Study (1) In general The Comptroller General of the United States shall carry out a study of the efficacy of Move Over or Slow Down Laws and related public awareness campaigns. (2) Inclusions The study under paragraph (1) shall include— (A) a review of each Federal and State Move Over or Slow Down Law, including— (i) penalties associated with the Move Over or Slow Down Laws; and (ii) the level of enforcement of Move Over or Slow Down Laws; (B) an identification and description of each Federal and State public awareness campaign relating to Move Over or Slow Down Laws; and (C) a description of the role of the Department in supporting State efforts with respect to Move Over or Slow Down Laws, such as conducting research, collecting data, or supporting public awareness or education efforts. (c) Report On completion of the study under subsection (b), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— (1) the findings of the study; and (2) any recommendations to improve public awareness campaigns, research, or education efforts relating to the issues described in subsection (b)(2). 4110. Review of laws, safety measures, and technologies relating to school buses (a) Review of illegal passing laws (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare a report that— (A) identifies and describes all illegal passing laws in each State relating to school buses, including— (i) the level of enforcement of those laws; (ii) the penalties associated with those laws; (iii) any issues relating to the enforcement of those laws; and (iv) the effectiveness of those laws; (B) reviews existing State laws that may inhibit the effectiveness of safety countermeasures in school bus loading zones, such as— (i) laws that require the face of a driver to be visible in an image captured by a camera if enforcement action is to be taken based on that image; (ii) laws that may reduce stop-arm camera effectiveness; (iii) the need for a law enforcement officer to witness an event for enforcement action to be taken; and (iv) the lack of primary enforcement for texting and driving offenses; (C) identifies the methods used by each State to review, document, and report to law enforcement school bus stop-arm violations; and (D) identifies best practices relating to the most effective approaches to address the illegal passing of school buses. (2) Publication The report under paragraph (1) shall be made publicly available on the website of the Department. (b) Public safety messaging campaign (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and implement a public safety messaging campaign that uses public safety media messages, posters, digital media messages, and other media messages distributed to States, State departments of motor vehicles, schools, and other public outlets— (A) to highlight the importance of addressing the illegal passing of school buses; and (B) to educate students and the public regarding the safe loading and unloading of schools buses. (2) Consultation In carrying out paragraph (1), the Secretary shall consult with— (A) representatives of the school bus industry from the public and private sectors; and (B) States. (3) Updates The Secretary shall periodically update the materials used in the campaign under paragraph (1). (c) Review of technologies (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall review and evaluate the effectiveness of various technologies for enhancing school bus safety, including technologies such as— (A) cameras; (B) audible warning systems; and (C) enhanced lighting. (2) Inclusions The review under paragraph (1)— (A) shall include— (i) an assessment of— (I) the costs of acquiring and operating new equipment; (II) the potential impact of that equipment on overall school bus ridership; and (III) motion-activated detection systems capable of— (aa) detecting pedestrians, cyclists, and other road users located near the exterior of the school bus; and (bb) alerting the operator of the school bus of those road users; (ii) an assessment of the impact of advanced technologies designed to improve loading zone safety; and (iii) an assessment of the effectiveness of school bus lighting systems at clearly communicating to surrounding drivers the appropriate actions those drivers should take; and (B) may include— (i) an evaluation of any technological solutions that may enhance school bus safety outside the school bus loading zone; and (ii) a pilot program to test any technologies in school bus service. (3) Consultation In carrying out the review under paragraph (1), the Secretary shall consult with— (A) manufacturers of school buses; (B) manufacturers of various technologies that may enhance school bus safety; and (C) representatives of the school bus industry from the public and private sectors. (4) Publication The Secretary shall make the findings of the review under paragraph (1) publicly available on the website of the Department. (d) Review of driver education materials (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) review driver manuals, handbooks, and other materials in all States to determine whether and the means by which illegal passing of school buses is addressed in those driver materials, including in— (i) testing for noncommercial driver’s licenses; and (ii) road tests; and (B) make recommendations on methods by which States can improve education regarding the illegal passing of school buses, particularly for new drivers. (2) Consultation In carrying out paragraph (1), the Secretary shall consult with— (A) representatives of the school bus industry from the public and private sectors; (B) States; (C) State motor vehicle administrators or senior State executives responsible for driver licensing; and (D) other appropriate motor vehicle experts. (3) Publication The Secretary shall make the findings of the review under paragraph (1) publicly available on the website of the Department. (e) Review of other safety issues (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall research and prepare a report describing any relationship between the illegal passing of school buses and other safety issues, including issues such as— (A) distracted driving; (B) poor visibility, such as morning darkness; (C) illumination and reach of vehicle headlights; (D) speed limits; and (E) characteristics associated with school bus stops, including the characteristics of school bus stops in rural areas. (2) Publication The Secretary shall make the report under paragraph (1) publicly available on the website of the Department. 4111. 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 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 12 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 roadway safety data expert with expertise relating to crash testing and analysis; and (H) 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 calendar year following the calendar year in 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, 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 being 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) Clerical amendment The analysis 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. . (c) 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. 4112. Safe Streets and Roads for All grant program (a) Definitions In this section: (1) Comprehensive safety action plan The term comprehensive safety action plan means a plan aimed at preventing transportation-related fatalities and serious injuries in a locality, commonly referred to as a Vision Zero or Toward Zero Deaths plan, that may include— (A) a goal and timeline for eliminating fatalities and serious injuries; (B) an analysis of the location and severity of vehicle-involved crashes in a locality; (C) an analysis of community input, gathered through public outreach and education; (D) a data-driven approach to identify projects or strategies to prevent fatalities and serious injuries in a locality, such as those involving— (i) education and community outreach; (ii) effective methods to enforce traffic laws and regulations; (iii) new vehicle or other transportation-related technologies; and (iv) roadway planning and design; and (E) mechanisms for evaluating the outcomes and effectiveness of the comprehensive safety action plan, including the means by which that effectiveness will be reported to residents in a locality. (2) Eligible entity The term eligible entity means— (A) a metropolitan planning organization; (B) a political subdivision of a State; (C) a federally recognized Tribal government; and (D) a multijurisdictional group of entities described in any of subparagraphs (A) through (C). (3) Eligible project The term eligible project means a project— (A) to develop a comprehensive safety action plan; (B) to conduct planning, design, and development activities for projects and strategies identified in a comprehensive safety action plan; or (C) to carry out projects and strategies identified in a comprehensive safety action plan. (4) Program The term program means the Safe Streets and Roads for All program established under subsection (b). (b) Establishment The Secretary shall establish and carry out a program, to be known as the Safe Streets and Roads for All program, that supports local initiatives to prevent death and serious injury on roads and streets, commonly referred to as Vision Zero or Toward Zero Deaths initiatives. (c) Grants (1) In general In carrying out the program, the Secretary may make grants to eligible entities, on a competitive basis, in accordance with this section. (2) Limitations (A) In general Not more than 15 percent of the funds made available to carry out the program for a fiscal year may be awarded to eligible projects in a single State during that fiscal year. (B) Planning grants Of the total amount made available to carry out the program for each fiscal year, not less than 40 percent shall be awarded to eligible projects described in subsection (a)(3)(A). (d) Selection of eligible projects (1) Solicitation Not later than 180 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall solicit from eligible entities grant applications for eligible projects in accordance with this section. (2) Applications (A) In general To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form and containing such information as the Secretary considers to be appropriate. (B) Requirement An application for a grant under this paragraph shall include mechanisms for evaluating the success of applicable eligible projects and strategies. (3) Considerations In awarding a grant under the program, the Secretary shall take into consideration the extent to which an eligible entity, and each eligible project proposed to be carried out by the eligible entity, as applicable— (A) is likely to significantly reduce or eliminate transportation-related fatalities and serious injuries involving various road users, including pedestrians, bicyclists, public transportation users, motorists, and commercial operators, within the timeframe proposed by the eligible entity; (B) demonstrates engagement with a variety of public and private stakeholders; (C) seeks to adopt innovative technologies or strategies to promote safety; (D) employs low-cost, high-impact strategies that can improve safety over a wider geographical area; (E) ensures, or will ensure, equitable investment in the safety needs of underserved communities in preventing transportation-related fatalities and injuries; (F) includes evidence-based projects or strategies; and (G) achieves such other conditions as the Secretary considers to be necessary. (4) Transparency (A) In general The Secretary shall evaluate, through a methodology that is discernible and transparent to the public, the means by, and extent to, which each application under the program addresses any applicable merit criteria established by the Secretary. (B) Publication The methodology under subparagraph (A) shall be published by the Secretary as part of the notice of funding opportunity under the program. (e) Federal share The Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 80 percent. (f) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. (2) Administrative expenses Of the amounts made available to carry out the program for a fiscal year, the Secretary may retain not more than 2 percent for the administrative expenses of the program. (3) Availability to eligible entities Amounts made available under a grant under the program shall remain available for use by the applicable eligible entity until the date that is 5 years after the date on which the grant is provided. (g) Data submission (1) In general As a condition of receiving a grant under this program, an eligible entity shall submit to the Secretary, on a regular basis as established by the Secretary, data, information, or analyses collected or conducted in accordance with subsection (d)(3). (2) Form The data, information, and analyses under paragraph (1) shall be submitted in such form such manner as may be prescribed by the Secretary. (h) Reports Not later than 4 years after the date on which an eligible entity receives a grant under the program, the eligible entity shall submit to the Secretary a report that describes— (1) the costs of each eligible project carried out using the grant; (2) the outcomes and benefits that each such eligible project has generated, as— (A) identified in the grant application of the eligible entity; and (B) measured by data, to the maximum extent practicable; and (3) the lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets. (i) Best practices Based on the information submitted by eligible entities under subsection (g), the Secretary shall— (1) periodically post on a publicly available website best practices and lessons learned for preventing transportation-related fatalities and serious injuries pursuant to strategies or interventions implemented under the program; and (2) evaluate and incorporate, as appropriate, the effectiveness of strategies and interventions implemented under the program for the purpose of enriching revisions to the document entitled Countermeasures That Work: A Highway Safety Countermeasure Guide for State Highway Safety Offices, Ninth Edition and numbered DOT HS 812 478 (or any successor document). 4113. Implementation of GAO recommendations (a) Next Generation 911 (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall implement the recommendations of the Comptroller General of the United States contained in the report entitled Next Generation 911: National 911 Program Could Strengthen Efforts to Assist States , numbered GAO–18–252, and dated January 1, 2018, by requiring that the Administrator of the National Highway Traffic Safety Administration, in collaboration with the appropriate Federal agencies, shall determine the roles and responsibilities of the Federal agencies participating in the initiative entitled National NG911 Roadmap initiative to carry out the national-level tasks with respect which each agency has jurisdiction. (2) Implementation plan The Administrator of the National Highway Traffic Safety Administration shall develop an implementation plan to support the completion of national-level tasks under the National NG911 Roadmap initiative. (b) Pedestrian and cyclists information and enhanced performance management (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall implement the recommendations of the Comptroller General of the United States contained in the report entitled Pedestrians and Cyclists: Better Information to States and Enhanced Performance Management Could Help DOT Improve Safety , numbered GAO–21–405, and dated May 20, 2021, by— (A) carrying out measures to collect information relating to the range of countermeasures implemented by States; (B) analyzing that information to help advance knowledge regarding the effectiveness of those countermeasures; and (C) sharing with States any results. (2) Performance management practices The Administrator of the National Highway Traffic Safety Administration shall use performance management practices to guide pedestrian and cyclist safety activities by— (A) developing performance measures for the Administration and program offices responsible for implementing pedestrian and cyclist safety activities to demonstrate the means by which those activities contribute to safety goals; and (B) using performance information to make any necessary changes to advance pedestrian and cyclist safety efforts. B Vehicle safety 4201. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out chapter 301, and part C of subtitle VI, of title 49, United States Code— (1) $200,294,333 for fiscal year 2022; (2) $204,300,219 for fiscal year 2023; (3) $208,386,224 for fiscal year 2024; (4) $212,553,948 for fiscal year 2025; and (5) $216,805,027 for fiscal year 2026. 4202. Recall completion (a) Reports on recall campaigns Section 30118 of title 49, United States Code, is amended by adding at the end the following: (f) Reports on notification campaigns (1) In general Each manufacturer that is conducting a campaign under subsection (b) or (c) or any other provision of law (including regulations) to notify manufacturers, distributors, owners, purchasers, or dealers of a defect or noncompliance shall submit to the Administrator of the National Highway Traffic Safety Administration— (A) by the applicable date described in section 573.7(d) of title 49, Code of Federal Regulations (or a successor regulation), a quarterly report describing the campaign for each of 8 consecutive quarters, beginning with the quarter in which the campaign was initiated; and (B) an annual report for each of the 3 years beginning after the date of completion of the last quarter for which a quarterly report is submitted under subparagraph (A). (2) Requirements Except as otherwise provided in this subsection, each report under this subsection shall comply with the requirements of section 573.7 of title 49, Code of Federal Regulations (or a successor regulation). . (b) Recall completion rates Section 30120 of title 49, United States Code, is amended by adding at the end the following: (k) Recall completion rates (1) In general The Administrator of the National Highway Traffic Safety Administration shall publish an annual list of recall completion rates for each recall campaign for which 8 quarterly reports have been submitted under subsection (f) of section 30118 as of the date of publication of the list. (2) Requirements The annual list under paragraph (1) shall include— (A) for each applicable campaign— (i) the total number of vehicles subject to recall; and (ii) the percentage of vehicles that have been remedied; and (B) for each manufacturer submitting an applicable quarterly report under section 30118(f)— (i) the total number of recalls issued by the manufacturer during the year covered by the list; (ii) the estimated number of vehicles of the manufacturer subject to recall during the year covered by the list; and (iii) the percentage of vehicles that have been remedied. . 4203. Recall engagement (a) Recall repair Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a study to determine— (A) the reasons why vehicle owners do not have repairs performed for vehicles subject to open recalls; and (B) whether engagement by third parties, including State and local governments, insurance companies, or other entities, could increase the rate at which vehicle owners have repairs performed for vehicles subject to open recalls; and (2) submit to Congress a report describing the results of the study under paragraph (1), including any recommendations for increasing the rate of repair for vehicles subject to open recalls. (b) Ridesharing Not later than 18 months after the date of enactment of this Act, the Comptroller General shall— (1) conduct a study to determine the number of passenger motor vehicles in each State that— (A) are used by transportation network companies for for-hire purposes, such as ridesharing; and (B) have 1 or more open recalls; and (2) submit to Congress a report describing the results of the study under paragraph (1). (c) NHTSA study and report Not later than 3 years after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall— (1) conduct a study to determine the ways in which vehicle recall notices could— (A) more effectively reach vehicle owners; (B) be made easier for all consumers to understand; and (C) incentivize vehicle owners to complete the repairs described in the recall notices; and (2) submit to Congress a report describing the results of the study under paragraph (1), including any recommendations for— (A) increasing the rate of repair for vehicles subject to open recalls; or (B) any regulatory or statutory legislative changes that would facilitate an increased rate of repair. 4204. Motor vehicle seat back safety standards (a) In general Not later than 2 years after the date of enactment of this Act, subject to subsection (b), the Secretary shall issue an advanced notice of proposed rulemaking to update section 571.207 of title 49, Code of Federal Regulations. (b) Compliance date If the Secretary determines that a final rule is appropriate consistent with the considerations described in section 30111(b) of title 49, United States Code, in issuing a final rule pursuant to subsection (a), the Secretary shall establish a date for required compliance with the final rule of not later than 2 motor vehicle model years after the model year during which the effective date of the final rule occurs. 4205. Automatic shutoff (a) Definitions In this section: (1) Key The term key has the meaning given the term in section 571.114 of title 49, Code of Federal Regulations (or a successor regulation). (2) Manufacturer The term manufacturer has the meaning given the term in section 30102(a) of title 49, United States Code. (3) Motor vehicle (A) In general The term motor vehicle has the meaning given the term in section 30102(a) of title 49, United States Code. (B) Exclusions The term motor vehicle does not include— (i) a motorcycle or trailer (as those terms are defined in section 571.3 of title 49, Code of Federal Regulations (or a successor regulation)); (ii) any motor vehicle with a gross vehicle weight rating of more than 10,000 pounds; (iii) a battery electric vehicle; or (iv) a motor vehicle that requires extended periods with the engine in idle to operate in service mode or to operate equipment, such as an emergency vehicle (including a police vehicle, an ambulance, or a tow vehicle) and a commercial-use vehicle (including a refrigeration vehicle). (b) Automatic shutoff systems for motor vehicles (1) Final rule (A) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule amending section 571.114 of title 49, Code of Federal Regulations, to require manufacturers to install in each motor vehicle that is equipped with a keyless ignition device and an internal combustion engine a device or system to automatically shutoff the motor vehicle after the motor vehicle has idled for the period described in subparagraph (B). (B) Description of period (i) In general The period referred to in subparagraph (A) is the period designated by the Secretary as necessary to prevent, to the maximum extent practicable, carbon monoxide poisoning. (ii) Different periods The Secretary may designate different periods under clause (i) for different types of motor vehicles, depending on the rate at which the motor vehicle emits carbon monoxide, if— (I) the Secretary determines a different period is necessary for a type of motor vehicle for purposes of section 30111 of title 49, United States Code; and (II) requiring a different period for a type of motor vehicle is consistent with the prevention of carbon monoxide poisoning. (2) Deadline Unless the Secretary finds good cause to phase-in or delay implementation, the rule issued pursuant to paragraph (1) shall take effect on September 1 of the first calendar year beginning after the date on which the Secretary issues the rule. 4206. Petitions by interested persons for standards and enforcement Section 30162 of title 49, United States Code, is amended— (1) in subsection (b), by striking The petition and inserting A petition under this section ; (2) in subsection (c), by striking the petition and inserting a petition under this section ; and (3) in subsection (d)— (A) in the third sentence, by striking If a petition and inserting the following: (3) Denial If a petition under this section ; (B) in the second sentence, by striking If a petition is granted and inserting the following: (2) Approval If a petition under this section is approved ; and (C) in the first sentence, by striking The Secretary shall grant or deny a petition and inserting the following: (1) In general The Secretary shall determine whether to approve or deny a petition under this section by . 4207. Child safety seat accessibility study (a) In general The Secretary, in coordination with other relevant Federal departments and agencies, including the Secretary of Agriculture, the Secretary of Education, and the Secretary of Health and Human Services, shall conduct a study to review the status of motor vehicle child safety seat accessibility for low-income families and underserved populations. (b) Addressing needs In conducting the study under subsection (a), the Secretary shall— (1) examine the impact of Federal funding provided under section 405 of title 23, United States Code; and (2) develop a plan for addressing any needs identified in the study, including by working with social service providers. 4208. Crash avoidance technology (a) In general Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30129. Crash avoidance technology (a) In general The Secretary of Transportation shall promulgate a rule— (1) to establish minimum performance standards with respect to crash avoidance technology; and (2) to require that all motor vehicles manufactured for sale in the United States on or after the compliance date described in subsection (b) shall be equipped with— (A) a forward collision warning and automatic emergency braking system that— (i) alerts the driver if— (I) the distance to a vehicle ahead or an object in the path of travel ahead is closing too quickly; and (II) a collision is imminent; and (ii) automatically applies the brakes if the driver fails to do so; and (B) a lane departure warning and lane-keeping assist system that— (i) warns the driver to maintain the lane of travel; and (ii) corrects the course of travel if the driver fails to do so. (b) Compliance date The Secretary of Transportation shall determine the appropriate effective date, and any phasing-in of requirements, of the final rule promulgated pursuant to subsection (a). . (b) Clerical amendment The analysis for subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30129. Crash avoidance technology. . 4209. Reduction of driver distraction (a) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall conduct research regarding the installation and use on motor vehicles of driver monitoring systems to minimize or eliminate— (1) driver distraction; (2) driver disengagement; (3) automation complacency by drivers; and (4) foreseeable misuse of advanced driver-assist systems. (b) Report Not later than 180 days after the date of completion of the research under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a detailed report describing the findings of the research. (c) Rulemaking (1) In general If, based on the research completed under subsection (a), the Secretary determines that— (A) 1 or more additional rulemakings are necessary to ensure safety, in accordance with the section 30111 of title 49, United States Code, the Secretary shall initiate the rulemakings by not later than 2 years after the date of submission of the report under subsection (b); and (B) an additional rulemaking is not necessary, or an additional rulemaking cannot meet the applicable requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing additional Federal motor vehicle safety standards regarding the research conducted under subsection (a). (2) Privacy A rule issued pursuant to paragraph (1) shall incorporate appropriate privacy and data security safeguards, as determined by the Secretary. 4210. Rulemaking report (a) Definition of covered rulemaking In this section, the term covered rulemaking means a regulation or rulemaking that— (1) has not been finalized by the date on which the relevant notification is submitted under subsection (b); and (2) relates to— (A) section 30120A of title 49, United States Code; (B) section 30166(o) of title 49, United States Code; (C) section 30172 of title 49, United States Code; (D) section 32302(c) of title 49, United States Code; (E) a defect reporting requirement under section 32302(d) of title 49, United States Code; (F) subsections (b) and (c) of section 32304A of title 49, United States Code; (G) the tire pressure monitoring standards required under section 24115 of the FAST Act ( 49 U.S.C. 30123 note; Public Law 114–94 ); (H) the amendment made by section 24402 of the FAST Act (129 Stat. 1720; Public Law 114–94 ) to section 30120(g)(1) of title 49, United States Code; (I) the records retention rule required under section 24403 of the FAST Act ( 49 U.S.C. 30117 note; Public Law 114–94 ); (J) the amendments made by section 24405 of the FAST Act ( Public Law 114–94 ; 129 Stat. 1721) to section 30114 of title 49, United States Code; (K) a defect and noncompliance notification required under— (i) section 24104 of the FAST Act ( 49 U.S.C. 30119 note; Public Law 114–94 ); or (ii) section 31301 of MAP–21 ( 49 U.S.C. 30166 note; Public Law 112–141 ); (L) a side impact or frontal impact test procedure for child restraint systems under section 31501 of MAP–21 ( 49 U.S.C. 30127 note; Public Law 112–141 ); (M) an upgrade to child restraint anchorage system usability requirements required under section 31502 of MAP–21 ( 49 U.S.C. 30127 note; Public Law 112–141 ); (N) the rear seat belt reminder system required under section 31503 of MAP–21 ( 49 U.S.C. 30127 note; Public Law 112–141 ); (O) a motorcoach rulemaking required under section 32703 of MAP–21 ( 49 U.S.C. 31136 note; Public Law 112–141 ); or (P) any rulemaking required under this Act. (b) Notification Not later than 180 days after the date of enactment of this Act, and not less frequently than biannually thereafter until the applicable covered rulemaking is complete, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a written notification that includes, with respect to each covered rulemaking— (1) for a covered rulemaking with a statutory deadline for completion— (A) an explanation of why the deadline was not met; and (B) an expected date of completion of the covered rulemaking; and (2) for a covered rulemaking without a statutory deadline for completion, an expected date of completion of the covered rulemaking. (c) Additional contents A notification under subsection (b) shall include, for each applicable covered rulemaking— (1) an updated timeline; (2) a list of factors causing delays in the completion of the covered rulemaking; and (3) any other details associated with the status of the covered rulemaking. 4211. Global harmonization The Secretary shall cooperate, to the maximum extent practicable, with foreign governments, nongovernmental stakeholder groups, the motor vehicle industry, and consumer groups with respect to global harmonization of vehicle regulations as a means for improving motor vehicle safety. 4212. Headlamps (a) Definitions In this section: (1) Adaptive driving beam headlamp The term adaptive driving beam headlamp means a headlamp (as defined in Standard 108) that meets the performance requirements specified in SAE International Standard J3069, published on June 30, 2016. (2) Standard 108 The term Standard 108 means Federal Motor Vehicle Safety Standard Number 108, contained in section 571.108 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (b) Rulemaking Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule amending Standard 108— (1) to include performance-based standards for vehicle headlamp systems— (A) to ensure that headlights are correctly aimed on the road; and (B) requiring those systems to be tested on-vehicle to account for headlight height and lighting performance; and (2) to allow for the use on vehicles of adaptive driving beam headlamp systems. (c) Periodic review Nothing in this section precludes the Secretary from— (1) reviewing Standard 108, as amended pursuant to subsection (b); and (2) revising Standard 108 to reflect an updated version of SAE International Standard J3069, as the Secretary determines to be— (A) appropriate; and (B) in accordance with section 30111 of title 49, United States Code. 4213. New Car Assessment Program (a) Updates Not later than 1 year after the date of enactment of this Act, the Secretary shall finalize the proceeding for which comments were requested in the notice entitled New Car Assessment Program (80 Fed. Reg. 78522 (December 16, 2015)) to update the passenger motor vehicle information required under section 32302(a) of title 49, United States Code. (b) Information program Section 32302 of title 49, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting (referred to in this section as the Secretary ) after of Transportation ; and (2) by adding at the end the following: (e) Advanced crash-Avoidance technologies (1) Notice Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish a notice, for purposes of public review and comment, to establish, distinct from crashworthiness information, a means for providing to consumers information relating to advanced crash-avoidance technologies, in accordance with subsection (a). (2) Inclusions The notice under paragraph (1) shall include— (A) an appropriate methodology for— (i) determining which advanced crash-avoidance technologies shall be included in the information; (ii) developing performance test criteria for use by manufacturers in evaluating advanced crash avoidance technologies; (iii) determining a distinct rating involving each advanced crash-avoidance technology to be included; and (iv) updating overall vehicle ratings to incorporate advanced crash-avoidance technology ratings; and (B) such other information and analyses as the Secretary determines to be necessary to implement the rating of advanced crash-avoidance technologies. (3) Report Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes a plan for implementing an advanced crash-avoidance technology information and rating system, in accordance with subsection (a). (f) Vulnerable road user safety (1) Notice Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish a notice, for purposes of public review and comment, to establish a means for providing to consumers information relating to pedestrian, bicyclist, or other vulnerable road user safety technologies, in accordance with subsection (a). (2) Inclusions The notice under paragraph (1) shall include— (A) an appropriate methodology for— (i) determining which technologies shall be included in the information; (ii) developing performance test criteria for use by manufacturers in evaluating the extent to which automated pedestrian safety systems in light vehicles attempt to prevent and mitigate, to the best extent possible, pedestrian injury; (iii) determining a distinct rating involving each technology to be included; and (iv) updating overall vehicle ratings to incorporate vulnerable road user safety technology ratings; and (B) such other information and analyses as the Secretary determines to be necessary to implement the rating of vulnerable road user safety technologies. (3) Report Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes a plan for implementing an information and rating system for vulnerable road user safety technologies, in accordance with subsection (a). . (c) Roadmap (1) In general Chapter 323 of title 49, United States Code, is amended by adding at the end the following: 32310. New Car Assessment Program roadmap (a) Establishment Not later than 1 year after the date of enactment of this section, and not less frequently than once every 4 years thereafter, the Secretary of Transportation (referred to in this section as the Secretary ) shall establish a roadmap for the implementation of the New Car Assessment Program of the National Highway Traffic Safety Administration. (b) Requirements A roadmap under subsection (a) shall— (1) cover a term of 10 years, consisting of— (A) a mid-term component covering the initial 5 years of the term; and (B) a long-term component covering the final 5 years of the term; and (2) be in accordance with— (A) section 306 of title 5; (B) section 1115 of title 31; (C) section 24401 of the FAST Act ( 49 U.S.C. 105 note; Public Law 114–94 ); and (D) any other relevant plans of the National Highway Traffic Safety Administration. (c) Contents A roadmap under subsection (a) shall include— (1) a plan for any changes to the New Car Assessment Program of the National Highway Traffic Safety Administration, including— (A) descriptions of actions to be carried out to update the passenger motor vehicle information developed under section 32302(a), including the development of test procedures, test devices, test fixtures, and safety performance metrics, which shall, as applicable, incorporate— (i) objective criteria for evaluating safety technologies; and (ii) reasonable time periods for compliance with new or updated tests; (B) key milestones, including the anticipated start of an action, completion of an action, and effective date of an update; and (C) descriptions of the means by which an update will improve the passenger motor vehicle information developed under section 32302(a); (2) an identification and prioritization of safety opportunities and technologies— (A) with respect to the mid-term component of the roadmap under subsection (b)(1)(A)— (i) that are practicable; and (ii) for which objective rating tests, evaluation criteria, and other consumer data exist for a market-based, consumer information approach; and (B) with respect to the long-term component of the roadmap under subsection (b)(1)(B), exist or are in development; (3) an identification of— (A) any safety opportunity or technology that— (i) is identified through the activities carried out pursuant to subsection (d) or (e); and (ii) is not included in the roadmap under paragraph (2); (B) the reasons why such a safety opportunity or technology is not included in the roadmap; and (C) any developments or information that would be necessary for the Secretary to consider including such a safety opportunity or technology in a future roadmap; and (4) consideration of the benefits of consistency with other rating systems used— (A) within the United States; and (B) internationally. (d) Considerations Before finalizing a roadmap under this section, the Secretary shall— (1) make the roadmap available for public comment; (2) review any public comments received under paragraph (1); and (3) incorporate in the roadmap under this section those comments, as the Secretary determines to be appropriate. (e) Stakeholder engagement Not less frequently than annually, the Secretary shall engage stakeholders that represent a diversity of technical backgrounds and viewpoints— (1) to identify— (A) safety opportunities or technologies in development that could be included in future roadmaps; and (B) opportunities to benefit from collaboration or harmonization with third-party safety rating programs; (2) to assist with long-term planning; (3) to provide an interim update of the status and development of the following roadmap to be established under subsection (a); and (4) to collect feedback or other information that the Secretary determines to be relevant to enhancing the New Car Assessment Program of the National Highway Traffic Safety Administration. . (2) Clerical amendment The analysis for chapter 323 of title 49, United States Code, is amended by adding at the end the following: 32310. New Car Assessment Program roadmap. . 4214. Hood and bumper standards (a) Notice Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a notice, for purposes of public review and comment, regarding potential updates to hood and bumper standards for motor vehicles (as defined in section 30102(a) of title 49, United States Code). (b) Inclusions The notice under subsection (a) shall include information relating to— (1) the incorporation or consideration of advanced crash avoidance technology in existing motor vehicle standards; (2) the incorporation or consideration of standards or technologies to reduce the number of injuries and fatalities suffered by pedestrians, bicyclists, or other vulnerable road users; (3) the development of performance test criteria for use by manufacturers in evaluating advanced crash avoidance technology, including technology relating to vulnerable road user safety; (4) potential harmonization with global standards, including United Nations Economic Commission for Europe Regulation Number 42; and (5) such other information and analyses as the Secretary determines to be necessary. (c) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes— (1) the current status of hood and bumper standards; (2) relevant advanced crash avoidance technology; (3) actions needed to be carried out to develop performance test criteria; and (4) if applicable, a plan for incorporating advanced crash avoidance technology, including technology relating to vulnerable road user safety, in existing standards. 4215. Emergency medical services and 9–1–1 Section 158(a) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 942(a) ) is amended by striking paragraph (4). 4216. Early warning reporting (a) In general Section 30166(m)(3) of title 49, United States Code, is amended by adding at the end the following: (D) Settlements Notwithstanding any order entered in a civil action restricting the disclosure of information, a manufacturer of a motor vehicle or motor vehicle equipment shall comply with the requirements of this subsection and any regulations promulgated pursuant to this subsection. . (b) Study and report Not later than 18 months after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall— (1) conduct a study— (A) to evaluate the early warning reporting data submitted under section 30166(m) of title 49, United States Code (including regulations); and (B) to identify improvements, if any, that would enhance the use by the National Highway Traffic Administration of early warning reporting data to enhance safety; and (2) submit to the Committee on the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study under paragraph (1), including any recommendations for regulatory or legislative action. 4217. Improved vehicle safety databases Not later than 3 years after the date of enactment of this Act, after consultation with frequent users of publicly available databases, the Secretary shall improve public accessibility to information relating to the publicly accessible vehicle safety databases of the National Highway Traffic Safety Administration by revising the publicly accessible vehicle safety databases— (1) to improve organization and functionality, including design features such as drop-down menus; (2) to allow data from applicable publicly accessible vehicle safety databases to be searched, sorted, aggregated, and downloaded in a manner that— (A) is consistent with the public interest; and (B) facilitates easy use by consumers; (3) to provide greater consistency in presentation of vehicle safety issues; (4) to improve searchability regarding specific vehicles and issues, which may include the standardization of commonly used search terms; and (5) to ensure nonconfidential documents and materials relating to information created or obtained by the National Highway Traffic Safety Administration are made publicly available in a manner that is— (A) timely; and (B) searchable in databases by any element that the Secretary determines to be in the public interest. 4218. National Driver Register Advisory Committee repeal (a) In general Section 30306 of title 49, United States Code, is repealed. (b) Clerical amendment The analysis for chapter 303 of title 49, United States Code, is amended by striking the item relating to section 30306. 4219. Research on connected vehicle technology The Administrator of the National Highway Traffic Safety Administration, in collaboration with the head of the Intelligent Transportation Systems Joint Program Office and the Administrator of the Federal Highway Administration, shall— (1) not later than 180 days after the date of enactment of this Act, expand vehicle-to-pedestrian research efforts to ensure that bicyclists and other vulnerable road users will be incorporated into the safe deployment of connected vehicle systems; and (2) not later than 2 years after the date of enactment of this Act, submit to Congress and make publicly available a report describing the findings of the research efforts described in paragraph (1). 4220. Advanced impaired driving technology (a) Findings Congress finds that— (1) alcohol-impaired driving fatalities represent approximately 1/3 of all highway fatalities in the United States each year; (2) in 2019, there were 10,142 alcohol-impaired driving fatalities in the United States involving drivers with a blood alcohol concentration level of .08 or higher, and 68 percent of the crashes that resulted in those fatalities involved a driver with a blood alcohol concentration level of .15 or higher; (3) the estimated economic cost for alcohol-impaired driving in 2010 was $44,000,000,000; (4) according to the Insurance Institute for Highway Safety, advanced drunk and impaired driving prevention technology can prevent more than 9,400 alcohol-impaired driving fatalities annually; and (5) to ensure the prevention of alcohol-impaired driving fatalities, advanced drunk and impaired driving prevention technology must be standard equipment in all new passenger motor vehicles. (b) Definitions In this section: (1) Advanced drunk and impaired driving prevention technology The term advanced drunk and impaired driving prevention technology means a system that— (A) can— (i) passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired; and (ii) prevent or limit motor vehicle operation if an impairment is detected; (B) can— (i) passively and accurately detect whether the blood alcohol concentration of a driver of a motor vehicle is equal to or greater than the blood alcohol concentration described in section 163(a) of title 23, United States Code; and (ii) prevent or limit motor vehicle operation if a blood alcohol concentration above the legal limit is detected; or (C) is a combination of systems described in subparagraphs (A) and (B). (2) New The term new , with respect to a passenger motor vehicle, means that the passenger motor vehicle— (A) is a new vehicle (as defined in section 37.3 of title 49, Code of Federal Regulations (or a successor regulation)); and (B) has not been purchased for purposes other than resale. (3) Passenger motor vehicle The term passenger motor vehicle has the meaning given the term in section 32101 of title 49, United States Code. (4) Secretary The term Secretary means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. (c) Advanced drunk and impaired driving prevention technology safety standard Subject to subsection (e) and not later than 3 years after the date of enactment of this Act, the Secretary shall issue a final rule prescribing a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires passenger motor vehicles manufactured after the effective date of that standard to be equipped with advanced drunk and impaired driving prevention technology. (d) Requirements (1) Lead time To allow sufficient time for manufacturer compliance, the compliance date of the rule issued under subsection (c) shall be not earlier than 2 years and not more than 3 years after the date on which that rule is issued. (2) Technical capability Any advanced drunk and impaired driving prevention technology required for new passenger motor vehicles under subsection (c) that measures blood alcohol concentration shall use the blood alcohol concentration described in section 163(a) of title 23, United States Code. (e) Timing If the Secretary determines that the Federal motor vehicle safety standard required under subsection (c) cannot meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, by the applicable date, the Secretary— (1) may extend the time period to such date as the Secretary determines to be necessary, but not later than the date that is 3 years after the date described in subsection (c); and (2) shall, not later than the date described in subsection (c) and not less frequently than annually thereafter until the date on which the rule under that subsection is issued, 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 describing, as of the date of submission of the report— (A) the reasons for not prescribing a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires advanced drunk and impaired driving prevention technology in all new passenger motor vehicles; (B) the deployment of advanced drunk and impaired driving prevention technology in vehicles; (C) any information relating to the ability of vehicle manufacturers to include advanced drunk and impaired driving prevention technology in new passenger motor vehicles; and (D) an anticipated timeline for prescribing the Federal motor vehicle safety standard described in subsection (c). V Research and innovation 5001. Intelligent Transportation Systems Program Advisory Committee Section 515(h) of title 23, United States Code, is amended— (1) in paragraph (1), by inserting (referred to in this subsection as the Advisory Committee ) after an Advisory Committee ; (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking 20 members and inserting 25 members ; (B) in subparagraph (K), by striking ; and and inserting a semicolon; (C) in subparagraph (L)— (i) by striking utilities, ; and (ii) by striking the period at the end and inserting a semicolon; (D) by redesignating subparagraphs (E) through (L) as subparagraphs (G), (I), (J), (K), (L), (M), (Q), and (R), respectively; (E) by inserting after subparagraph (D) the following: (E) a representative of a national transit association; (F) a representative of a national, State, or local transportation agency or association; ; (F) by inserting after subparagraph (G) (as so redesignated) the following: (H) a private sector developer of intelligent transportation system technologies, which may include emerging vehicle technologies; ; (G) by inserting after subparagraph (M) (as so redesignated) the following: (N) a representative of a labor organization; (O) a representative of a mobility-providing entity; (P) an expert in traffic management; ; and (H) by adding at the end the following: (S) an expert in cybersecurity; and (T) an automobile manufacturer. ; (3) in paragraph (3)— (A) in subparagraph (A), by striking section 508 and inserting section 6503 of title 49 ; and (B) in subparagraph (B)— (i) in the matter preceding clause (i), by inserting programs and before research ; and (ii) in clause (iii), by striking research and and inserting programs, research, and ; (4) by redesignating paragraphs (3) through (5) as paragraphs (5) through (7); and (5) by inserting after paragraph (2) the following: (3) Term (A) In general The term of a member of the Advisory Committee shall be 3 years. (B) Renewal On expiration of the term of a member of the Advisory Committee, the member— (i) may be reappointed; or (ii) if the member is not reappointed under clause (i), may serve until a new member is appointed. (4) Meetings The Advisory Committee— (A) shall convene not less frequently than twice each year; and (B) may convene with the use of remote video conference technology. . 5002. Smart Community Resource Center (a) Definitions In this section: (1) Resource center The term resource center means the Smart Community Resource Center established under subsection (b). (2) Smart community The term smart community means a community that uses innovative technologies, data, analytics, and other means to improve the community and address local challenges. (b) Establishment The Secretary shall work with the modal administrations of the Department and with such other Federal agencies and departments as the Secretary determines to be appropriate to make available to the public on an Internet website a resource center, to be known as the Smart Community Resource Center , that includes a compilation of resources or links to resources for States and local communities to use in developing and implementing— (1) intelligent transportation system programs; or (2) smart community transportation programs. (c) Inclusions The resource center shall include links to— (1) existing programs and resources for intelligent transportation system or smart community transportation programs, including technical assistance, education, training, funding, and examples of intelligent transportation systems or smart community transportation programs implemented by States and local communities, available from— (A) the Department; (B) other Federal agencies; and (C) non-Federal sources; (2) existing reports or databases with the results of intelligent transportation system or smart community transportation programs; (3) any best practices developed or lessons learned from intelligent transportation system or smart community transportation programs; and (4) such other resources as the Secretary determines to be appropriate. (d) Deadline The Secretary shall establish the resource center by the date that is 1 year after the date of enactment of this Act. (e) Updates The Secretary shall ensure that the resource center is updated on a regular basis. 5003. Federal support for local decisionmaking (a) Local outreach To determine the data analysis tools needed to assist local communities in making infrastructure decisions, the Director of the Bureau of Transportation Statistics shall perform outreach to planning and infrastructure decision-making officials in units of local government and other units of government, including a geographically diverse group of individuals from— (1) States; (2) political subdivisions of States; (3) cities; (4) metropolitan planning organizations; (5) regional transportation planning organizations; and (6) federally recognized Indian Tribes. (b) Work plan (1) In general Not later than 1 year after the date of enactment of this Act, based on the outreach performed under subsection (a), the Director of the Bureau of Transportation Statistics shall submit to the Secretary a work plan for reviewing and updating existing data analysis tools and developing any additional data analysis tools needed to assist local communities with making infrastructure investment decisions. (2) Contents Based on the needs identified pursuant to the outreach performed under subsection (a), the work plan submitted under paragraph (1) shall include— (A) a description of the data analysis tools identified that would benefit infrastructure decision-making by local governments and address the goals described in subsection (c); (B) a review of the datasets that local governments need to effectively use the data analysis tools described in subparagraph (A); (C) an identification of existing or proposed data analysis tools that use publicly available data; (D) the estimated cost of obtaining each dataset described in subparagraph (B); (E) the estimated cost to develop the data analysis tools described in subparagraph (A); (F) a prioritization for the development of data analysis tools described in subparagraph (A); and (G) a determination as to whether it would be appropriate for the Federal Government to develop the data analysis tools described in subparagraph (A). (c) Goals (1) In general A data analysis tool created pursuant to the work plan submitted under subsection (b)(1) shall be developed to help inform local communities in making infrastructure investments. (2) Specific issues A data analysis tool created pursuant to the work plan submitted under subsection (b)(1) shall be intended to help units of local government and other units of government address 1 or more of the following: (A) Improving maintenance of existing assets. (B) Rebuilding infrastructure to a state of good repair. (C) Creating economic development through infrastructure development. (D) Establishing freight plans and infrastructure that connects the community to supply chains. (E) Increasing options for communities that lack access to affordable transportation to improve access to jobs, affordable housing, schools, medical services, foods and other essential community services. (F) Reducing congestion. (G) Improving community resilience to extreme weather events. (H) Any other subject, as the Director determines to be necessary. (d) Implementation Subject to the availability of appropriations, the Secretary shall develop data analysis tools and purchase datasets as prioritized in the work plan. (e) Coordination The Director of the Bureau of Transportation Statistics may utilize existing working groups or advisory committees to perform the local outreach required under subsection (a). 5004. Bureau of Transportation Statistics (a) Funding In addition to amounts made available from the Highway Trust Fund, there is authorized to be appropriated to the Secretary for use by the Bureau of Transportation Statistics for data collection and analysis activities $10,000,000 for each of fiscal years 2022 through 2026. (b) Amendment Section 6302(b)(3)(B)(vi) of title 49, United States Code, is amended— (1) by striking subclause (V); (2) by redesignating subclauses (VI) through (XI) as subclauses (VII) through (XII), respectively; and (3) by adding after subclause (IV) the following: (V) employment in the transportation sector; (VI) the effects of the transportation system, including advanced technologies and automation, on global and domestic economic competitiveness; . 5005. Strengthening mobility and revolutionizing transportation grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a State; (B) a political subdivision of a State; (C) a Tribal government; (D) a public transit agency or authority; (E) a public toll authority; (F) a metropolitan planning organization; and (G) a group of 2 or more eligible entities described in any of subparagraphs (A) through (F) applying through a single lead applicant. (2) Eligible project The term eligible project means a project described in subsection (e). (3) Large community The term large community means a community with a population of not less than 400,000 individuals, as determined under the most recent annual estimate of the Bureau of the Census. (4) Midsized community The term midsized community means any community that is not a large community or a rural community. (5) Regional partnership The term regional partnership means a partnership composed of 2 or more eligible entities located in jurisdictions with a combined population that is equal to or greater than the population of any midsized community. (6) Rural community The term rural community means a community that is located in an area that is outside of an urbanized area (as defined in section 5302 of title 49, United States Code). (7) SMART grant The term SMART grant means a grant provided to an eligible entity under the Strengthening Mobility and Revolutionizing Transportation Grant Program established under subsection (b). (b) Establishment of program The Secretary shall establish a program, to be known as the Strengthening Mobility and Revolutionizing Transportation Grant Program , under which the Secretary shall provide grants to eligible entities to conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities to improve transportation efficiency and safety. (c) Distribution In determining the projects for which to provide a SMART grant, the Secretary shall consider contributions to geographical diversity among grant recipients, including the need for balancing the needs of rural communities, midsized communities, and large communities, consistent with the requirements of subparagraphs (A) through (C) of subsection (g)(1). (d) Applications (1) In general An eligible entity may submit to the Secretary an application for a SMART grant at such time, in such manner, and containing such information as the Secretary may require. (2) Transparency The Secretary shall include, in any notice of funding availability relating to SMART grants, a full description of the method by which applications under paragraph (1) will be evaluated. (3) Selection criteria (A) In general The Secretary shall evaluate applications for SMART grants based on— (i) the extent to which the eligible entity or applicable beneficiary community— (I) has a public transportation system or other transit options capable of integration with other systems to improve mobility and efficiency; (II) has a population density and transportation needs conducive to demonstrating proposed strategies; (III) has continuity of committed leadership and the functional capacity to carry out the proposed project; (IV) is committed to open data sharing with the public; and (V) is likely to successfully implement the proposed eligible project, including through technical and financial commitments from the public and private sectors; and (ii) the extent to which a proposed eligible project will use advanced data, technology, and applications to provide significant benefits to a local area, a State, a region, or the United States, including the extent to which the proposed eligible project will— (I) reduce congestion and delays for commerce and the traveling public; (II) improve the safety and integration of transportation facilities and systems for pedestrians, bicyclists, and the broader traveling public; (III) improve access to jobs, education, and essential services, including health care; (IV) connect or expand access for underserved or disadvantaged populations and reduce transportation costs; (V) contribute to medium- and long-term economic competitiveness; (VI) improve the reliability of existing transportation facilities and systems; (VII) promote connectivity between and among connected vehicles, roadway infrastructure, pedestrians, bicyclists, the public, and transportation systems; (VIII) incentivize private sector investments or partnerships, including by working with mobile and fixed telecommunication service providers, to the extent practicable; (IX) improve energy efficiency or reduce pollution; (X) increase the resiliency of the transportation system; and (XI) improve emergency response. (B) Priority In providing SMART grants, the Secretary shall give priority to applications for eligible projects that would— (i) demonstrate smart city or community technologies in repeatable ways that can rapidly be scaled; (ii) encourage public and private sharing of data and best practices; (iii) encourage private-sector innovation by promoting industry-driven technology standards, open platforms, technology-neutral requirements, and interoperability; (iv) promote a skilled workforce that is inclusive of minority or disadvantaged groups; (v) allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart city or community technologies and practices; (vi) encourage the adoption of smart city or community technologies by communities; (vii) promote industry practices regarding cybersecurity; and (viii) safeguard individual privacy. (e) Use of grant funds (1) Eligible projects (A) In general A SMART grant may be used to carry out a project that demonstrates at least 1 of the following: (i) Coordinated automation The use of automated transportation and autonomous vehicles, while working to minimize the impact on the accessibility of any other user group or mode of travel. (ii) Connected vehicles Vehicles that send and receive information regarding vehicle movements in the network and use vehicle-to-vehicle and vehicle-to-everything communications to provide advanced and reliable connectivity. (iii) Intelligent, sensor-based infrastructure The deployment and use of a collective intelligent infrastructure that allows sensors to collect and report real-time data to inform everyday transportation-related operations and performance. (iv) Systems integration The integration of intelligent transportation systems with other existing systems and other advanced transportation technologies. (v) Commerce delivery and logistics Innovative data and technological solutions supporting efficient goods movement, such as connected vehicle probe data, road weather data, or global positioning data to improve on-time pickup and delivery, improved travel time reliability, reduced fuel consumption and emissions, and reduced labor and vehicle maintenance costs. (vi) Leveraging use of innovative aviation technology Leveraging the use of innovative aviation technologies, such as unmanned aircraft systems, to support transportation safety and efficiencies, including traffic monitoring and infrastructure inspection. (vii) Smart grid Development of a programmable and efficient energy transmission and distribution system to support the adoption or expansion of energy capture, electric vehicle deployment, or freight or commercial fleet fuel efficiency. (2) Eligible project costs A SMART grant may be used for— (A) development phase activities, including— (i) planning; (ii) feasibility analyses; (iii) revenue forecasting; (iv) environmental review; (v) permitting; (vi) preliminary engineering and design work; (vii) systems development or information technology work; and (viii) acquisition of real property (including land and improvements to land relating to an eligible project); and (B) construction phase activities, including— (i) construction; (ii) reconstruction; (iii) rehabilitation; (iv) replacement; (v) environmental mitigation; (vi) construction contingencies; and (vii) acquisition of equipment, including vehicles. (3) Prohibited uses A SMART grant shall not be used— (A) to reimburse any preaward costs or application preparation costs of the SMART grant application; (B) for any traffic or parking enforcement activity; or (C) to purchase or lease a license plate reader. (f) Reports (1) Eligible entities Not later than 2 years after the date on which an eligible entity receives a SMART grant, and annually thereafter until the date on which the SMART grant is expended, the eligible entity shall submit to the Secretary an implementation report that describes— (A) the deployment and operational costs of each eligible project carried out by the eligible entity, as compared to the benefits and savings from the eligible project; and (B) the means by which each eligible project carried out by the eligible entity has met the original expectation, as projected in the SMART grant application, including— (i) data describing the means by which the eligible project met the specific goals for the project, such as— (I) reducing traffic-related fatalities and injuries; (II) reducing traffic congestion or improved travel-time reliability; (III) providing the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; or (IV) reducing barriers or improved access to jobs, education, or various essential services; (ii) the effectiveness of providing to the public real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; and (iii) lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance. (2) GAO Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of, a review of the SMART grant program under this section. (3) Secretary Not later than 2 years after the date on which the initial SMART grants are provided under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (A) describes each eligible entity that received a SMART grant; (B) identifies the amount of each SMART grant provided; (C) summarizes the intended uses of each SMART grant; (D) describes the effectiveness of recipient eligible entities in meeting the goals described in the SMART grant application of the eligible entity, including an assessment or measurement of the realized improvements or benefits resulting from each SMART grant; and (E) describes lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary $100,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act, of which— (A) not more than 40 percent shall be used to provide SMART grants for eligible projects that primarily benefit large communities; (B) not more than 30 percent shall be provided for eligible projects that primarily benefit midsized communities; and (C) not more than 30 percent shall be used to provide SMART grants for eligible projects that primarily benefit rural communities or regional partnerships. (2) Administrative costs Of the amounts made available under paragraph (1) for each fiscal year, not more than 2 percent shall be used for administrative costs of the Secretary in carrying out this section. (3) Limitation An eligible entity may not use more than 3 percent of the amount of a SMART grant for each fiscal year to achieve compliance with applicable planning and reporting requirements. (4) Availability The amounts made available for a fiscal year pursuant to this subsection shall be available for obligation during the 2-fiscal-year period beginning on the first day of the fiscal year for which the amounts were appropriated. 5006. Electric vehicle working group (a) Definitions In this section: (1) Secretaries The term Secretaries means— (A) the Secretary; and (B) the Secretary of Energy. (2) Working group The term working group means the electric vehicle working group established under subsection (b)(1). (b) Establishment (1) In general Not later than 1 year after the date of enactment of this Act, the Secretaries shall jointly establish an electric vehicle working group to make recommendations regarding the development, adoption, and integration of light-, medium-, and heavy-duty electric vehicles into the transportation and energy systems of the United States. (2) Membership (A) In general The working group shall be composed of— (i) the Secretaries (or designees), who shall be cochairs of the working group; and (ii) not more than 25 members, to be appointed by the Secretaries, of whom— (I) not more than 6 shall be Federal stakeholders as described in subparagraph (B); and (II) not more than 19 shall be non-Federal stakeholders as described in subparagraph (C). (B) Federal stakeholders The working group— (i) shall include not fewer than 1 representative of each of— (I) the Department; (II) the Department of Energy; (III) the Environmental Protection Agency; (IV) the Council on Environmental Quality; and (V) the General Services Administration; and (ii) may include a representative of any other Federal agency the Secretaries consider to be appropriate. (C) Non-Federal stakeholders (i) In general Subject to clause (ii), the working group— (I) shall include not fewer than 1 representative of each of— (aa) a manufacturer of light-duty electric vehicles or the relevant components of light-duty electric vehicles; (bb) a manufacturer of medium- and heavy-duty vehicles or the relevant components of medium- and heavy-duty electric vehicles; (cc) a manufacturer of electric vehicle batteries; (dd) an owner, operator, or manufacturer of electric vehicle charging equipment; (ee) the public utility industry; (ff) a public utility regulator or association of public utility regulators; (gg) the transportation fueling distribution industry; (hh) the energy provider industry; (ii) the automotive dealing industry; (jj) the for-hire passenger transportation industry; (kk) an organization representing units of local government; (ll) an organization representing regional transportation or planning agencies; (mm) an organization representing State departments of transportation; (nn) an organization representing State departments of energy or State energy planners; (oo) the intelligent transportation systems and technologies industry; (pp) organized labor; (qq) the trucking industry; (rr) Tribal governments; and (ss) the property development industry; and (II) may include a representative of any other non-Federal stakeholder that the Secretaries consider to be appropriate. (ii) Requirement The stakeholders selected under clause (i) shall, in the aggregate— (I) consist of individuals with a balance of backgrounds, experiences, and viewpoints; and (II) include individuals that represent geographically diverse regions of the United States, including individuals representing the perspectives of rural, urban, and suburban areas. (3) Meetings (A) In general The working group shall meet not less frequently than once every 120 days. (B) Remote participation A member of the working group may participate in a meeting of the working group via teleconference or similar means. (4) Coordination In carrying out the duties of the working group, the working group shall coordinate and consult with any existing Federal interagency working groups on fleet conversion or other similar matters relating to electric vehicles. (c) Reports and strategy on electric vehicle adoption (1) Working group reports The working group shall complete by each of the deadlines described in paragraph (2) a report describing the status of electric vehicle adoption including— (A) a description of the barriers and opportunities to scaling up electric vehicle adoption throughout the United States, including recommendations for issues relating to— (i) consumer behavior; (ii) charging infrastructure needs, including standardization and cybersecurity; (iii) manufacturing and battery costs, including the raw material shortages for batteries and electric motor magnets; (iv) the adoption of electric vehicles for low- and moderate-income individuals and underserved communities, including charging infrastructure access and vehicle purchase financing; (v) business models for charging personal electric vehicles outside the home, including wired and wireless charging; (vi) charging infrastructure permitting and regulatory issues; (vii) the connections between housing and transportation costs and emissions; (viii) freight transportation, including local, port and drayage, regional, and long-haul trucking; (ix) intercity passenger travel; (x) the process by which governments collect a user fee for the contribution of electric vehicles to funding roadway improvements; (xi) State- and local-level policies, incentives, and zoning efforts; (xii) the installation of highway corridor signage; (xiii) secondary markets and recycling for batteries; (xiv) grid capacity and integration; (xv) energy storage; and (xvi) specific regional or local issues that may not appear to apply throughout the United States, but may hamper nationwide adoption or coordination of electric vehicles; (B) examples of successful public and private models and demonstration projects that encourage electric vehicle adoption; (C) an analysis of current efforts to overcome the barriers described in subparagraph (A); (D) an analysis of the estimated costs and benefits of any recommendations of the working group; and (E) any other topics, as determined by the working group. (2) Deadlines A report under paragraph (1) shall be submitted to the Secretaries, the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives— (A) in the case of the first report, by not later than 18 months after the date on which the working group is established under subsection (b)(1); (B) in the case of the second report, by not later than 2 years after the date on which the first report is required to be submitted under subparagraph (A); and (C) in the case of the third report, by not later than 2 years after the date on which the second report is required to be submitted under subparagraph (B). (3) Strategy (A) In general Based on the reports submitted by the working group under paragraph (1), the Secretaries shall jointly develop, maintain, and update a strategy that describes the means by which the Federal Government, States, units of local government, and industry can— (i) establish quantitative targets for transportation electrification; (ii) overcome the barriers described in paragraph (1)(A); (iii) identify areas of opportunity in research and development to improve battery manufacturing, mineral mining, recycling costs, material recovery, fire risks, and battery performance for electric vehicles; (iv) enhance Federal interagency coordination to promote electric vehicle adoption; (v) prepare the workforce for the adoption of electric vehicles, including through collaboration with labor unions, educational institutions, and relevant manufacturers; (vi) expand electric vehicle and charging infrastructure; (vii) expand knowledge of the benefits of electric vehicles among the general public; (viii) maintain the global competitiveness of the United States in the electric vehicle and charging infrastructure markets; (ix) provide clarity in regulations to improve national uniformity with respect to electric vehicles; and (x) ensure the sustainable integration of electric vehicles into the national electric grid. (B) Notice and comment In carrying out subparagraph (A), the Secretaries shall provide public notice and opportunity for comment on the strategy described in that subparagraph. (4) Information (A) In general The Secretaries may enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine to provide, track, or report data, information, or research to assist the working group in carrying out paragraph (1). (B) Use of existing information In developing a report under paragraph (1) or a strategy under paragraph (3), the Secretaries and the working group shall take into consideration existing Federal, State, local, private sector, and academic data and information relating to electric vehicles and, to the maximum extent practicable, coordinate with the entities that publish that information— (i) to prevent duplication of efforts by the Federal Government; and (ii) to leverage existing information and complementary efforts. (d) Coordination To the maximum extent practicable, the Secretaries and the working group shall carry out this section using all available existing resources, websites, and databases of Federal agencies, such as— (1) the Alternative Fuels Data Center; (2) the Energy Efficient Mobility Systems program; and (3) the Clean Cities Coalition Network. 5007. Risk and system resilience (a) In general The Secretary, in consultation with appropriate Federal, State, and local agencies, shall develop a process for quantifying annual risk in order to increase system resilience with respect to the surface transportation system of the United States by measuring— (1) resilience to threat probabilities by type of hazard and geographical location; (2) resilience to asset vulnerabilities with respect to each applicable threat; and (3) anticipated consequences from each applicable threat to each asset. (b) Use by State, regional, Tribal, and local entities (1) In general The Secretary shall provide the process developed under subsection (a) to State departments of transportation, metropolitan planning organizations, Indian Tribes, local governments, and other relevant entities. (2) Guidance and technical assistance The Secretary shall provide to the entities described in paragraph (1) guidance and technical assistance on the use of the process referred to in that paragraph. (c) Research (1) In general The Secretary shall— (A) identify and support fundamental research to develop a framework and quantitative models to support compilation of information for risk-based analysis of transportation assets by standardizing the basis for quantifying annual risk and increasing system resilience; and (B) build on existing resilience research, including studies conducted by— (i) the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine; and (ii) the National Institute of Standards and Technology. (2) Use of existing facilities In carrying out paragraph (1), the Secretary shall use existing research facilities available to the Secretary, including the Turner–Fairbank Highway Research Center and University Transportation Centers established under section 5505 of title 49, United States Code. 5008. Coordination on emerging transportation technology (a) In general Subchapter I of chapter 3 of title 49, United States Code, is amended by adding at the end the following: 313. Nontraditional and Emerging Transportation Technology Council (a) Establishment Not later than 180 days after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the Secretary ) shall establish a council, to be known as the Nontraditional and Emerging Transportation Technology Council (referred to in this section as the Council ), to address coordination on emerging technology issues across all modes of transportation. (b) Membership (1) In general The Council shall be composed of— (A) the Secretary, who shall serve as an ex officio member of the Council; (B) the Deputy Secretary of Transportation; (C) the Under Secretary of Transportation for Policy; (D) the Assistant Secretary for Research and Technology of the Department of Transportation; (E) the Assistant Secretary for Budget and Programs of the Department of Transportation; (F) the General Counsel of the Department of Transportation; (G) the Chief Information Officer of the Department of Transportation; (H) the Administrator of the Federal Aviation Administration; (I) the Administrator of the Federal Highway Administration; (J) the Administrator of the Federal Motor Carrier Safety Administration; (K) the Administrator of the Federal Railroad Administration; (L) the Administrator of the Federal Transit Administration; (M) the Administrator of the Maritime Administration; (N) the Administrator of the National Highway Traffic Safety Administration; (O) the Administrator of the Pipeline and Hazardous Materials Safety Administration; and (P) any other official of the Department of Transportation, as determined by the Secretary. (2) Chair and Vice Chair (A) Chair The Deputy Secretary of Transportation (or a designee) shall serve as Chair of the Council. (B) Vice Chair The Under Secretary of Transportation for Policy (or a designee) shall serve as Vice Chair of the Council. (c) Duties The Council shall— (1) identify and resolve jurisdictional and regulatory gaps or inconsistencies associated with nontraditional and emerging transportation technologies, modes, or projects pending or brought before the Department of Transportation to reduce, to the maximum extent practicable, impediments to the prompt and safe deployment of new and innovative transportation technology, including with respect to— (A) safety oversight; (B) environmental review; and (C) funding and financing issues; (2) coordinate the response of the Department of Transportation to nontraditional and emerging transportation technology projects; (3) engage with stakeholders in nontraditional and emerging transportation technology projects; and (4) develop and establish Department of Transportation-wide processes, solutions, and best practices for identifying and managing nontraditional and emerging transportation technology projects. (d) Best practices Not later than 1 year after the date of enactment of this section, the Council shall— (1) publish initial guidelines to achieve the purposes described in subsection (c)(4); and (2) promote each modal administration within the Department of Transportation to further test and support the advancement of nontraditional and emerging transportation technologies not specifically considered by the Council. (e) Support The Office of the Secretary shall provide support for the Council. (f) Meetings The Council shall meet not less frequently than 4 times per year, at the call of the Chair. (g) Lead modal administration For each nontraditional or emerging transportation technology, mode, or project associated with a jurisdictional or regulatory gap or inconsistency identified under subsection (c)(1), the Chair of the Council shall— (1) designate a lead modal administration of the Department of Transportation for review of the technology, mode, or project; and (2) arrange for the detailing of staff between modal administrations or offices of the Department of Transportation as needed to maximize the sharing of experience and expertise. (h) Transparency Not later than 1 year after the date of establishment of the Council, and not less frequently than annually thereafter until December 31, 2026, the Council shall post on a publicly accessible website a report describing the activities of the Council during the preceding calendar year. . (b) Clerical amendment The analysis for subchapter I of chapter 3 of title 49, United States Code, is amended by adding at the end the following: 313. Nontraditional and Emerging Transportation Technology Council. . 5009. Interagency Infrastructure Permitting Improvement Center (a) In general Section 102 of title 49, United States Code, is amended— (1) in subsection (a), by inserting (referred to in this section as the Department ) after Transportation ; (2) in subsection (b), in the first sentence, by inserting (referred to in this section as the Secretary ) after Transportation ; (3) in subsection (f)(1), by striking of Transportation each place it appears; (4) by redesignating subsection (h) as subsection (i); and (5) by inserting after subsection (g) the following: (h) Interagency Infrastructure Permitting Improvement Center (1) Definitions In this subsection: (A) Center The term Center means the Interagency Infrastructure Permitting Improvement Center established by paragraph (2). (B) Project The term project means a project authorized or funded under— (i) this title; or (ii) title 14, 23, 46, or 51. (2) Establishment There is established within the Office of the Secretary a center, to be known as the Interagency Infrastructure Permitting Improvement Center . (3) Purposes The purposes of the Center shall be— (A) to implement reforms to improve interagency coordination and expedite projects relating to the permitting and environmental review of major transportation infrastructure projects, including— (i) developing and deploying information technology tools to track project schedules and metrics; and (ii) improving the transparency and accountability of the permitting process; (B) (i) to identify appropriate methods to assess environmental impacts; and (ii) to develop innovative methods for reasonable mitigation; (C) to reduce uncertainty and delays with respect to environmental reviews and permitting; and (D) to reduce costs and risks to taxpayers in project delivery. (4) Executive Director The Center shall be headed by an Executive Director, who shall— (A) report to the Under Secretary of Transportation for Policy; (B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Center; and (C) carry out such additional duties as the Secretary may prescribe. (5) Duties The Center shall carry out the following duties: (A) Coordinate and support implementation of priority reform actions for Federal agency permitting and reviews. (B) Support modernization efforts at the operating administrations within the Department and interagency pilot programs relating to innovative approaches to the permitting and review of transportation infrastructure projects. (C) Provide technical assistance and training to Department staff on policy changes, innovative approaches to project delivery, and other topics, as appropriate. (D) Identify, develop, and track metrics for timeliness of permit reviews, permit decisions, and project outcomes. (E) Administer and expand the use of online transparency tools providing for— (i) tracking and reporting of metrics; (ii) development and posting of schedules for permit reviews and permit decisions; (iii) the sharing of best practices relating to efficient project permitting and reviews; and (iv) the visual display of relevant geospatial data to support the permitting process. (F) Submit to the Secretary reports describing progress made toward achieving— (i) greater efficiency in permitting decisions and review of infrastructure projects; and (ii) better outcomes for communities and the environment. (6) Innovative best practices (A) In general The Center shall work with the operating administrations within the Department, eligible entities, and other public and private interests to develop and promote best practices for innovative project delivery. (B) Activities The Center shall support the Department and operating administrations in conducting environmental reviews and permitting, together with project sponsor technical assistance activities, by— (i) carrying out activities that are appropriate and consistent with the goals and policies of the Department to improve the delivery timelines for projects; (ii) serving as the Department liaison to— (I) the Council on Environmental Quality; and (II) the Federal Permitting Improvement Steering Council established by section 41002(a) of the Fixing America’s Surface Transportation Act ( 42 U.S.C. 4370m–1(a) ); (iii) supporting the National Surface Transportation and Innovative Finance Bureau (referred to in this paragraph as the Bureau ) in implementing activities to improve delivery timelines, as described in section 116(f), for projects carried out under the programs described in section 116(d)(1) for which the Bureau administers the application process; (iv) leading activities to improve delivery timelines for projects carried out under programs not administered by the Bureau by— (I) coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process; (II) providing technical assistance and training to field and headquarters staff of Federal agencies with respect to policy changes and innovative approaches to the delivery of projects; and (III) identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (C) NEPA compliance assistance (i) In general Subject to clause (ii), at the request of an entity that is carrying out a project, the Center, in coordination with the appropriate operating administrations within the Department, shall provide technical assistance relating to compliance with the applicable requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and applicable Federal authorizations. (ii) Assistance from the Bureau For projects carried out under the programs described in section 116(d)(1) for which the Bureau administers the application process, the Bureau, on request of the entity carrying out the project, shall provide the technical assistance described in clause (i). . (b) Conforming amendment Section 116(f)(2) of title 49, United States Code, is amended— (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) through (D) and subparagraphs (A) through (C), respectively. 5010. Rural opportunities to use transportation for economic success initiative (a) Definitions In this section: (1) Build America Bureau The term Build America Bureau means the National Surface Transportation and Innovative Finance Bureau established under section 116 of title 49, United States Code. (2) ROUTES Council The term ROUTES Council means the Rural Opportunities to Use Transportation for Economic Success Council established by subsection (c)(1). (3) ROUTES Office The term ROUTES Office means the Rural Opportunities to Use Transportation for Economic Success Office established by subsection (b)(1). (b) Routes Office (1) In general The Secretary shall establish within the Department the Rural Opportunities to Use Transportation for Economic Success Office— (A) to improve analysis of projects from rural areas, federally recognized Indian Tribes, and historically disadvantaged communities in rural or Tribal areas applying for Department discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the people and the economy of the United States are appropriately considered; and (B) to provide rural communities, federally recognized Indian Tribes, and historically disadvantaged communities in rural or Tribal areas with technical assistance for meeting the transportation infrastructure investment needs of the United States in a financially sustainable manner. (2) Objectives The ROUTES Office shall— (A) collect input from knowledgeable entities and the public on— (i) the benefits of rural and Tribal transportation projects; (ii) the technical and financial assistance required for constructing and operating rural and Tribal transportation infrastructure and services; (iii) barriers and opportunities to funding rural and Tribal transportation projects; (iv) unique transportation barriers and challenges facing historically disadvantaged communities in rural and Tribal areas; and (v) unique environmental transportation issues for rural and Tribal communities; (B) evaluate data on rural and Tribal transportation challenges and determining methods to align the discretionary funding and financing opportunities of the Department with the needs of those communities for meeting national transportation goals; and (C) educate rural communities and Tribal communities about applicable Department discretionary grants, develop effective methods to evaluate projects in those communities in discretionary grant programs, and communicate those methods through program guidance. (c) Routes Council (1) In general The Secretary shall establish a Rural Opportunities to Use Transportation for Economic Success Council— (A) to organize, guide, and lead the ROUTES Office; and (B) to coordinate rural-related and Tribal-related funding programs and assistance among the modal administrations. (2) Membership (A) In general The ROUTES Council shall be composed of the following officers of the Department, or their designees: (i) The Under Secretary of Transportation for Policy. (ii) The General Counsel. (iii) The Chief Financial Officer and Assistant Secretary for Budget and Programs. (iv) The Assistant Secretary for Research and Technology. (v) The Assistant Secretary for Multimodal Freight. (vi) The Administrators of— (I) the Federal Aviation Administration; (II) the Federal Highway Administration; (III) the Federal Railroad Administration; and (IV) the Federal Transit Administration. (vii) The Executive Director of the Build America Bureau. (viii) The Assistant Secretary of Government Affairs. (B) Chair The Under Secretary of Transportation for Policy shall be the Chair of the ROUTES Council. (C) Additional members The Secretary or the Chair of the ROUTES Council may designate additional members to serve on the ROUTES Council. (3) Additional modal input To address issues related to safety and transport of rural and Tribal commodities, the ROUTES Council shall consult with the Administrators (or their designees) of— (A) the Maritime Administration; (B) the Great Lakes St. Lawrence Seaway Development Corporation; and (C) the National Highway Traffic Safety Administration. (4) Duties Members of the ROUTES Council shall— (A) participate in all meetings and relevant ROUTES Council activities and be prepared to share information relevant to rural and Tribal transportation infrastructure projects and issues; (B) provide guidance and leadership on rural and Tribal transportation infrastructure issues and represent the work of the ROUTES Council and the Department on those issues to external stakeholders; and (C) recommend initiatives to the Chair of the ROUTES Council to consider, establish, and staff any resulting activities or working groups. (5) Meetings The ROUTES Council shall meet bimonthly. (6) Work products and deliverables The ROUTES Council may develop work products or deliverables to meet the goals of the ROUTES Council, including— (A) an annual report to Congress describing ROUTES Council activities for the past year and expected activities for the coming year; (B) any recommendations to enhance the effectiveness of Department discretionary grant programs regarding rural and Tribal infrastructure issues; and (C) other guides and reports for relevant groups and the public. 5011. Advanced transportation technologies deployment program Section 503 of title 23, United States Code, is amended— (1) in subsection (a)(2), by striking under section 508 and inserting under section 6503 of title 49 ; and (2) in subsection (c)(4)— (A) in subparagraph (A), by striking and congestion management ; (B) in subparagraph (B)— (i) by redesignating clauses (i) through (viii) as clauses (vii) through (xiv), respectively; (ii) by inserting before clause (vii) (as so redesignated) the following: (i) improve the mobility of people and goods; (ii) reduce congestion; (iii) promote safety; (iv) improve the durability and extend the life of transportation infrastructure; (v) preserve the environment; (vi) preserve the existing transportation system; ; and (iii) in clause (xiv) (as so redesignated), by inserting vehicle-to-pedestrian, after vehicle-to-infrastructure, ; (C) in subparagraph (C)(ii)— (i) in subclause (I), by striking and congestion management ; (ii) by striking subclause (II); (iii) by redesignating subclauses (III) through (V) as subclauses (II) through (IV), respectively; and (iv) in subclause (II) (as so redesignated), by striking efficiency and reduce traffic congestion ; (D) in subparagraph (E)— (i) in the matter preceding clause (i), by striking and congestion management ; (ii) in clause (viii), by striking or at the end; (iii) in clause (ix), by striking the period at the end and inserting ; or ; and (iv) by adding at the end the following: (x) advanced transportation technologies, in accordance with the research areas described in section 6503 of title 49. ; (E) in subparagraph (I)(i), by striking 2016 through 2020 and inserting 2022 through 2026 ; and (F) in subparagraph (N)— (i) in the matter preceding clause (i), by striking , the following definitions apply ; (ii) by striking clause (ii) and inserting the following: (ii) Advanced transportation technology The term advanced transportation technology means any technology that improves the efficiency, durability, sustainability, safety, or state of good repair of a surface transportation system. ; and (iii) in clause (iii), in the matter preceding subclause (I), by striking a any and inserting any . 5012. Safety data initiative (a) Definition of eligible entity In this section, the term eligible entity means— (1) a State; (2) a unit of local government; (3) a transit agency or authority; (4) a metropolitan planning organization; (5) any other subdivision of a State or local government; (6) an institution of higher education; and (7) a multi-State or multijurisdictional group. (b) Safety data initiative (1) Establishment The Secretary shall establish an initiative, to be known as the Safety Data Initiative , to promote the use of data integration, data visualization, and advanced analytics for surface transportation safety through the development of innovative practices and products for use by Federal, State, and local entities. (2) Activities (A) Applied research (i) In general The Secretary shall support and carry out applied research to develop practices and products that will encourage the integration and use of traditional and new sources of safety data and safety information to improve policy and decisionmaking at the Federal, State, and local government levels. (ii) Methodology In carrying out clause (i), the Secretary may— (I) carry out demonstration programs; (II) award grants and provide incentives to eligible entities; (III) enter into partnerships with— (aa) eligible entities; (bb) private sector entities; and (cc) National Laboratories; and (IV) use any other tools, strategies, or methods that will result in the effective use of data and information for safety purposes. (B) Tools and practices In carrying out subparagraph (A), the Secretary, to the maximum extent practicable, shall— (i) develop safety analysis tools for State and local governments, with a particular focus on State and local governments with limited capacity to perform safety analysis; (ii) (I) identify innovative State and local government practices; (II) incubate those practices for further development; and (III) replicate those practices nationwide; and (iii) transfer to State and local governments the results of the applied research carried out under that subparagraph. (C) Data sharing (i) In general To inform the creation of information useful for safety policy and decisionmaking, the Secretary shall— (I) encourage the sharing of data between and among Federal, State, and local transportation agencies; and (II) leverage data from private sector entities. (ii) Goals The goals of the data-sharing activities under clause (i) shall include— (I) the creation of data ecosystems to reduce barriers to the efficient integration and analysis of relevant datasets for use by safety professionals; and (II) the establishment of procedures adequate to ensure sufficient security, privacy, and confidentiality as needed to promote the sharing of sensitive or proprietary data. (iii) Management of data ecosystems A data ecosystem described in clause (ii)(I) may be managed by— (I) the Director of the Bureau of Transportation Statistics; (II) 1 or more trusted third parties, as determined by the Secretary; or (III) 1 or more other entities or partnerships capable of securing, managing, and analyzing sensitive or proprietary data. (3) Plan (A) In general The Safety Data Initiative shall be carried out pursuant to a plan to be jointly established by— (i) the Under Secretary of Transportation for Policy; (ii) the Chief Information Officer of the Department; (iii) the Administrator of the National Highway Traffic Safety Administration; (iv) the Administrator of the Federal Highway Administration; (v) the Administrator of the Federal Motor Carrier Safety Administration; (vi) the Administrator of the Federal Transit Administration; and (vii) the Administrator of the Federal Railroad Administration. (B) Requirement The plan established under subparagraph (A) shall include details regarding the means by which tools and innovations developed by projects carried out under the Safety Data Initiative will be transferred to the appropriate program of the Department for further implementation. (C) Deadline Not later than 1 year after the date of enactment of this Act, the Secretary shall direct the officials described in clauses (i) through (vii) of subparagraph (A) to establish, by a date determined by the Secretary, the plan referred to in that subparagraph. 5013. Advanced transportation research (a) In general Chapter 1 of title 49, United States Code (as amended by section 1101(a)), is amended by adding at the end the following: 119. Advanced Research Projects Agency–Infrastructure (a) Definitions In this section: (1) ARPA–I The term ARPA–I means the Advanced Research Projects Agency–Infrastructure established by subsection (b). (2) Department The term Department means the Department of Transportation. (3) Director The term Director means the Director of ARPA–I appointed under subsection (d). (4) Eligible entity The term eligible entity means— (A) a unit of State or local government; (B) an institution of higher education; (C) a commercial entity; (D) a research foundation; (E) a trade or industry research collaborative; (F) a federally funded research and development center; (G) a research facility owned or funded by the Department; (H) a collaborative that includes relevant international entities; and (I) a consortia of 2 or more entities described in any of subparagraphs (A) through (H). (5) Infrastructure (A) In general The term infrastructure means any transportation method or facility that facilitates the transit of goods or people within the United States (including territories). (B) Inclusions The term infrastructure includes— (i) roads; (ii) highways; (iii) bridges; (iv) airports; (v) rail lines; (vi) harbors; and (vii) pipelines. (6) Secretary The term Secretary means the Secretary of Transportation. (b) Establishment There is established within the Department an agency, to be known as the Advanced Research Projects Agency–Infrastructure , to support the development of science and technology solutions— (1) to overcome long-term challenges; and (2) to advance the state of the art for United States transportation infrastructure. (c) Goals (1) In general The goals of ARPA–I shall be— (A) to advance the transportation infrastructure of the United States by developing innovative science and technology solutions that— (i) lower the long-term costs of infrastructure development, including costs of planning, construction, and maintenance; (ii) reduce the lifecycle impacts of transportation infrastructure on the environment, including through the reduction of greenhouse gas emissions; (iii) contribute significantly to improving the safe, secure, and efficient movement of goods and people; and (iv) promote the resilience of infrastructure from physical and cyber threats; and (B) to ensure that the United States is a global leader in developing and deploying advanced transportation infrastructure technologies and materials. (2) Research projects ARPA–I shall achieve the goals described in paragraph (1) providing assistance under this section for infrastructure research projects that— (A) advance novel, early-stage research with practicable application to transportation infrastructure; (B) translate techniques, processes, and technologies, from the conceptual phase to prototype, testing, or demonstration; (C) develop advanced manufacturing processes and technologies for the domestic manufacturing of novel transportation-related technologies; and (D) accelerate transformational technological advances in areas in which industry entities are unlikely to carry out projects due to technical and financial uncertainty. (d) Director (1) Appointment ARPA–I shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Secretary regarding, and manage research programs addressing, matters relating to the development of science and technology solutions to advance United States transportation infrastructure. (3) Relationship to Secretary The Director shall— (A) be located within the Office of the Assistant Secretary for Research and Technology; and (B) report to the Secretary. (4) Relationship to other programs No other program within the Department shall report to the Director. (5) Responsibilities The responsibilities of the Director shall include— (A) approving new programs within ARPA–I; (B) developing funding criteria, and assessing the success of programs, to achieve the goals described in subsection (c)(1) through the establishment of technical milestones; (C) administering available funding by providing to eligible entities assistance to achieve the goals described in subsection (c)(1); (D) terminating programs carried out under this section that are not achieving the goals of the programs; and (E) establishing a process through which eligible entities can submit to ARPA–I unsolicited research proposals for assistance under this section in accordance with subsection (f). (e) Personnel (1) In general The Director shall establish and maintain within ARPA–I a staff with sufficient qualifications and expertise to enable ARPA–I to carry out the responsibilities under this section, in conjunction with other operations of the Department. (2) Program directors (A) In general The Director shall designate employees to serve as program directors for ARPA–I. (B) Responsibilities Each program director shall be responsible for— (i) establishing research and development goals for the applicable program, including by convening workshops and conferring with outside experts; (ii) publicizing the goals of the applicable program; (iii) soliciting applications for specific areas of particular promise, especially in areas that the private sector or the Federal Government are not likely to carry out absent assistance from ARPA–I; (iv) establishing research collaborations for carrying out the applicable program; (v) selecting on the basis of merit each project to be supported under the applicable program, taking into consideration— (I) the novelty and scientific and technical merit of proposed projects; (II) the demonstrated capabilities of eligible entities to successfully carry out proposed projects; (III) the extent to which an eligible entity took into consideration future commercial applications of a proposed project, including the feasibility of partnering with 1 or more commercial entities; and (IV) such other criteria as the Director may establish; (vi) identifying innovative cost-sharing arrangements for projects carried out or funded by ARPA–I; (vii) monitoring the progress of projects supported under the applicable program; (viii) identifying mechanisms for commercial application of successful technology development projects, including through establishment of partnerships between eligible entities and commercial entities; and (ix) as applicable, recommending— (I) program restructuring; or (II) termination of applicable research partnerships or projects. (C) Term of service A program director— (i) shall serve for a term of 3 years; and (ii) may be reappointed for any subsequent term of service. (3) Hiring and management (A) In general The Director may— (i) make appointments of scientific, engineering, and professional personnel, without regard to the civil service laws; (ii) fix the basic pay of such personnel at such rate as the Director may determine, but not to exceed level II of the Executive Schedule, without regard to the civil service laws; and (iii) pay an employee appointed under this subparagraph payments in addition to basic pay, subject to the condition that the total amount of those additional payments for any 12-month period shall not exceed the least of— (I) $25,000; (II) an amount equal to 25 percent of the annual rate of basic pay of the employee; and (III) the amount of the applicable limitation for a calendar year under section 5307(a)(1) of title 5. (B) Private recruiting firms The Director may enter into a contract with a private recruiting firm for the hiring of qualified technical staff to carry out this section. (C) Additional staff The Director may use all authorities available to the Secretary to hire administrative, financial, and clerical staff, as the Director determines to be necessary to carry out this section. (f) Research proposals (1) In general To be eligible to receive assistance from ARPA–I, an eligible entity may submit to the Director an unsolicited research proposal at such time, in such manner, and containing such information as the Director may require, including a description of— (A) the extent of current and prior efforts with respect to the project proposed to be carried out using the assistance, if applicable; and (B) any current or prior investments in the technology area for which funding is requested, including as described in subsection (c)(2)(D). (2) Review The Director— (A) shall review each unsolicited research proposal submitted under paragraph (1), taking into consideration— (i) the novelty and scientific and technical merit of the research proposal; (ii) the demonstrated capabilities of the applicant to successfully carry out the research proposal; (iii) the extent to which the applicant took into consideration future commercial applications of the proposed research project, including the feasibility of partnering with 1 or more commercial entities; and (iv) such other criteria as the Director may establish; (B) may approve a research proposal if the Director determines that the research is in accordance with— (i) the goals described in subsection (c)(1); or (ii) an applicable transportation research and development strategic plan developed under section 6503; and (C) (i) if funding is denied for the research proposal, shall provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable— (I) explains why the research proposal was not selected, including whether the research proposal fails to cover an area of need; and (II) recommends that the research proposal be submitted to another research program; or (ii) if the research proposal is approved for funding, shall provide to the eligible entity that submitted the proposal— (I) a written notice of the approval; and (II) assistance in accordance with subsection (g) for the proposed research. (g) Forms of assistance On approval of a research proposal of an eligible entity under subsection (f)(2)(B), the Director may provide to the eligible entity assistance in the form of— (1) a grant; (2) a contract; (3) a cooperative agreement; (4) a cash prize; or (5) another, similar form of funding. (h) Reports and roadmaps (1) Annual reports For each fiscal year, the Director shall provide to the Secretary, for inclusion in the budget request submitted by the Secretary to the President under section 1108 of title 31 for the fiscal year, a report that, with respect to the preceding fiscal year, describes— (A) the projects that received assistance from ARPA–I, including— (i) each such project that was funded as a result of an unsolicited research proposal; and (ii) each such project that examines topics or technologies closely related to other activities funded by the Department, including an analysis of whether the Director achieved compliance with subsection (i)(1) in supporting the project; and (B) the instances of, and reasons for, the provision of assistance under this section for any projects being carried out by industry entities. (2) Strategic vision roadmap Not later than October 1, 2022, and not less frequently than once every 4 years thereafter, the Director shall submit to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that ARPA–I will use to guide the selection of future projects for technology investment during the 4-fiscal-year period beginning on the date of submission of the report. (i) Coordination and nonduplication To the maximum extent practicable, the Director shall ensure that— (1) the activities of ARPA–I are coordinated with, and do not duplicate the efforts of, programs and laboratories within— (A) the Department; and (B) other relevant research agencies; and (2) no funding is provided by ARPA–I for a project, unless the eligible entity proposing the project— (A) demonstrates sufficient attempts to secure private financing; or (B) indicates that the project is not independently commercially viable. (j) Federal demonstration of technologies The Director shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate technologies resulting from activities funded through ARPA–I. (k) Partnerships The Director shall seek opportunities to enter into contracts or partnerships with minority-serving institutions (as described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ))— (1) to accomplish the goals of ARPA–I; (2) to develop institutional capacity in advanced transportation infrastructure technologies and materials; (3) to engage underserved populations in developing, demonstrating, and deploying those technologies and materials; and (4) to otherwise address the needs of ARPA–I. (l) University transportation centers The Director may— (1) partner with university transportation centers under section 5505 to accomplish the goals, and address the needs, of ARPA–I; and (2) sponsor and select for funding, in accordance with section 5505, competitively selected university transportation center grants, in addition to the assistance provided under section 5505, to address targeted technology and material goals of ARPA–I. (m) Advice (1) Advisory committees The Director may seek advice regarding any aspect of ARPA–I from— (A) an existing advisory committee, office, or other group within the Department; and (B) a new advisory committee organized to support the programs of ARPA–I by providing advice and assistance regarding— (i) specific program tasks; or (ii) the overall direction of ARPA–I. (2) Additional sources In carrying out this section, the Director may seek advice and review from— (A) the President’s Council of Advisors on Science and Technology; (B) the Advanced Research Projects Agency–Energy; and (C) any professional or scientific organization with expertise relating to specific processes or technologies under development by ARPA–I. (n) Evaluation (1) In general Not later than December 27, 2024, the Secretary may enter into an arrangement with the National Academy of Sciences under which the National Academy shall conduct an evaluation of the achievement by ARPA–I of the goals described in subsection (c)(1). (2) Inclusions The evaluation under paragraph (1) may include— (A) a recommendation regarding whether ARPA–I should be continued; (B) a recommendation regarding whether ARPA–I, or the Department generally, should continue to allow entities to submit unsolicited research proposals; and (C) a description of— (i) the lessons learned from the operation of ARPA–I; and (ii) the manner in which those lessons may apply to the operation of other programs of the Department. (3) Availability On completion of the evaluation under paragraph (1), the evaluation shall be made available to— (A) Congress; and (B) the public. (o) Protection of information (1) In general Each type of information described in paragraph (2) that is collected by ARPA–I from eligible entities shall be considered to be— (A) commercial and financial information obtained from a person; (B) privileged or confidential; and (C) not subject to disclosure under section 552(b)(4) of title 5. (2) Description of types of information The types of information referred to in paragraph (1) are— (A) information relating to plans for commercialization of technologies developed using assistance provided under this section, including business plans, technology-to-market plans, market studies, and cost and performance models; (B) information relating to investments provided to an eligible entity from a third party (such as a venture capital firm, a hedge fund, and a private equity firm), including any percentage of ownership of an eligible entity provided in return for such an investment; (C) information relating to additional financial support that the eligible entity— (i) plans to invest, or has invested, in the technology developed using assistance provided under this section; or (ii) is seeking from a third party; and (D) information relating to revenue from the licensing or sale of a new product or service resulting from research conducted using assistance provided under this section. (p) Effect on existing authorities The authority provided by this section— (1) shall be in addition to any existing authority provided to the Secretary; and (2) shall not supersede or modify any other existing authority. (q) Funding (1) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. (2) Separate budget and appropriation (A) Budget request The budget request for ARPA–I shall be separate from the budget request of the remainder of the Department. (B) Appropriations The funding appropriated for ARPA–I shall be separate and distinct from the funding appropriated for the remainder of the Department. (3) Allocation Of the amounts made available for a fiscal year under paragraph (1)— (A) not less than 5 percent shall be used for technology transfer and outreach activities— (i) in accordance with the goal described in subsection (c)(2)(D); and (ii) within the responsibilities of the program directors described in subsection (e)(2)(B)(viii); and (B) none may be used for the construction of any new building or facility during the 5-year period beginning on the date of enactment of the Surface Transportation Investment Act of 2021 . . (b) Clerical amendment The analysis for chapter 1 of title 49, United States Code (as amended by section 1101(b)), is amended by adding at the end the following: 119. Advanced Research Projects Agency–Infrastructure. . 5014. Open research initiative (a) In general Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: 5506. Advanced transportation research initiative (a) Definition of eligible entity In this section, the term eligible entity means— (1) a State agency; (2) a local government agency; (3) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a university transportation center established under section 5505; (4) a nonprofit organization, including a nonprofit research organization; and (5) a private sector organization working in collaboration with an entity described in any of paragraphs (1) through (4). (b) Pilot program The Secretary of Transportation (referred to in this section as the Secretary ) shall establish an advanced transportation research pilot program under which the Secretary— (1) shall establish a process for eligible entities to submit to the Secretary unsolicited research proposals; and (2) may enter into arrangements with 1 or more eligible entities to fund research proposed under paragraph (1), in accordance with this section. (c) Eligible research The Secretary may enter into an arrangement with an eligible entity under this section to fund research that addresses— (1) a research need identified by— (A) the Secretary; or (B) the Administrator of a modal administration of the Department of Transportation; or (2) an issue that the Secretary determines to be important. (d) Project review The Secretary shall— (1) review each research proposal submitted under the pilot program established under subsection (b); and (2) (A) if funding is denied for the research proposal— (i) provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable— (I) explains why the research proposal was not selected, including whether the research proposal fails to cover an area of need; and (II) recommends that the research proposal be submitted to another research program; and (ii) if the Secretary recommends that the research proposal be submitted to another research program under clause (i)(II), provide guidance and direction to— (I) the eligible entity; and (II) the proposed research program office; or (B) if the research proposal is selected for funding— (i) provide to the eligible entity that submitted the proposal a written notice of the selection; and (ii) seek to enter into an arrangement with the eligible entity to provide funding for the proposed research. (e) Coordination (1) In general To the maximum extent practicable, the Secretary shall ensure that the activities carried out under subsection (c) are coordinated with, and do not duplicate the efforts of, programs of the Department of Transportation and other Federal agencies. (2) Intraagency coordination The Secretary shall coordinate the research carried out under this section with— (A) the research, education, and technology transfer activities carried out by grant recipients under section 5505; and (B) the research, development, demonstration, and commercial application activities of other relevant programs of the Department of Transportation, including all modal administrations of the Department. (3) Interagency collaboration The Secretary shall coordinate, as appropriate, regarding fundamental research with the potential for application in the transportation sector with— (A) the Director of the Office of Science and Technology Policy; (B) the Director of the National Science Foundation; (C) the Secretary of Energy; (D) the Director of the National Institute of Standards and Technology; (E) the Secretary of Homeland Security; (F) the Administrator of the National Oceanic and Atmospheric Administration; (G) the Secretary of Defense; and (H) the heads of other appropriate Federal agencies, as determined by the Secretary. (f) Review, evaluation, and report Not less frequently than biennially, in accordance with the plan developed under section 6503, the Secretary shall— (1) review and evaluate the pilot program established under subsection (b), including the research carried out under that pilot program; and (2) make public on a website of the Department of Transportation a report describing the review and evaluation under paragraph (1). (g) Federal share (1) In general The Federal share of the cost of an activity carried out under this section shall not exceed 80 percent. (2) Non-Federal share All costs directly incurred by the non-Federal partners (including personnel, travel, facility, and hardware development costs) shall be credited toward the non-Federal share of the cost of an activity carried out under this section. (h) Limitation on certain expenses Of any amounts made available to carry out this section for a fiscal year, the Secretary may use not more than 1.5 percent for coordination, evaluation, and oversight activities under this section. (i) Authorization of appropriations Of the funds made available to carry out the university transportation centers program under section 5505, $50,000,000 shall be available to carry out this section for each of fiscal years 2022 through 2026. . (b) Clerical amendment The analysis for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: 5506. Advanced transportation research initiative. . 5015. Transportation research and development 5-year strategic plan Section 6503 of title 49, United States Code, is amended— (1) in subsection (a), by striking The Secretary and inserting Not later than 180 days after the date of publication of the Department of Transportation Strategic Plan and not less frequently than once every 5 years thereafter, the Secretary ; (2) in subsection (b), in the matter preceding paragraph (1), by striking The strategic and inserting Each strategic ; (3) in subsection (c)— (A) in the matter preceding paragraph (1), by striking The strategic and inserting Each strategic ; and (B) in paragraph (1)— (i) in subparagraph (E), by striking and at the end; (ii) in subparagraph (F), by adding and after the semicolon at the end; and (iii) by adding at the end the following: (G) reducing transportation cybersecurity risks; ; (4) in subsection (d)— (A) in the matter preceding paragraph (1), by striking the strategic and inserting each strategic ; and (B) in paragraph (4), by striking 2016 and inserting 2021, and not less frequently than once every 5 years thereafter ; and (5) by striking subsection (e). 5016. Research planning modifications (a) Annual modal research plans Section 6501 of title 49, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) In general Not later than June 1 of each year, the head of each modal administration and joint program office of the Department of Transportation shall prepare and submit to the Assistant Secretary for Research and Technology of the Department of Transportation (referred to in this chapter as the Assistant Secretary )— (A) a comprehensive annual modal research plan for the following fiscal year; and (B) a detailed outlook for the fiscal year thereafter. ; (B) in paragraph (2), by inserting prepared or before submitted ; (C) by redesignating paragraph (2) as paragraph (3); and (D) by inserting after paragraph (1) the following: (2) Requirements Each plan under paragraph (1) shall include— (A) a general description of the strategic goals of the Department that are addressed by the research programs being carried out by the Assistant Secretary or modal administration, as applicable; (B) a description of each proposed research program, as described in the budget request submitted by the Secretary of Transportation to the President under section 1108 of title 31 for the following fiscal year, including— (i) the major objectives of the program; and (ii) the requested amount of funding for each program and area; (C) a list of activities the Assistant Secretary or modal administration plans to carry out under the research programs described in subparagraph (B); (D) an assessment of the potential impact of the research programs described in subparagraph (B), including— (i) potential outputs, outcomes, and impacts on technologies and practices used by entities subject to the jurisdiction of the modal administration; (ii) potential effects on applicable regulations of the modal administration, including the modification or modernization of those regulations; (iii) potential economic or societal impacts; and (iv) progress made toward achieving strategic goals of— (I) the applicable modal administration; or (II) the Department of Transportation; (E) a description of potential partnerships to be established to conduct the research program, including partnerships with— (i) institutions of higher education; and (ii) private sector entities; and (F) such other requirements as the Assistant Secretary considers to be necessary. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting by the head of a modal administration or joint program office after submitted ; and (ii) in subparagraph (B), by striking clause (ii) and inserting the following: (ii) request that the plan and outlook be— (I) revised in accordance with such suggestions as the Assistant Secretary shall include to ensure conformity with the criteria described in paragraph (2); and (II) resubmitted to the Assistant Secretary for approval. ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (C) by inserting after paragraph (1) the following: (2) Criteria In conducting a review under paragraph (1)(A), the Assistant Secretary shall, with respect to the modal research plan that is the subject of the review— (A) take into consideration whether— (i) the plan contains research objectives that are consistent with the strategic research and policy objectives of the Department of Transportation included in the strategic plan required under section 6503; and (ii) the research programs described in the plan have the potential to benefit the safety, mobility, and efficiency of the United States transportation system; (B) identify and evaluate any potential opportunities for collaboration between or among modal administrations with respect to particular research programs described in the plan; (C) identify and evaluate whether other modal administrations may be better suited to carry out the research programs described in the plan; (D) assess whether any projects described in the plan are— (i) duplicative across modal administrations; or (ii) unnecessary; and (E) take into consideration such other criteria as the Assistant Secretary determines to be necessary. ; and (D) by adding at the end the following: (5) Savings clause Nothing in this subsection limits the ability of the head of a modal administration to comply with applicable law. ; and (3) in subsection (c), in the matter preceding paragraph (1), by striking subsection (b)(3) and inserting “subsection (b)(4). (b) Consolidated research database Section 6502(a) of title 49, United States Code, is amended by striking the subsection designation and heading and all that follows through subparagraph (B) of paragraph (2) and inserting the following: (a) Research abstract database (1) Submission Not later than September 1 of each year, the head of each modal administration and joint program office of the Department of Transportation shall submit to the Assistant Secretary, for review and public posting, a description of each proposed research project to be carried out during the following fiscal year, including— (A) proposed funding for any new projects; and (B) proposed additional funding for any existing projects. (2) Publication Not less frequently than annually, after receiving the descriptions under paragraph (1), the Assistant Secretary shall publish on a public website a comprehensive database including a description of all research projects conducted by the Department of Transportation, including research funded through university transportation centers under section 5505. (3) Contents The database published under paragraph (2) shall— (A) be delimited by research project; and (B) include a description of, with respect to each research project— (i) research objectives; (ii) the progress made with respect to the project, including whether the project is ongoing or complete; (iii) any outcomes of the project, including potential implications for policy, regulations, or guidance issued by a modal administration or the Department of Transportation; (iv) any findings of the project; (v) the amount of funds allocated for the project; and (vi) such other information as the Assistant Secretary determines to be necessary to address Departmental priorities and statutory mandates; . 5017. Incorporation of Department of Transportation research (a) In general Chapter 65 of title 49, United States Code, is amended by adding at the end the following: 6504. Incorporation of Department of Transportation research (a) Review Not later than December 31, 2021, and not less frequently than once every 5 years thereafter, in concurrence with the applicable strategic plan under section 6503, the Secretary of Transportation shall— (1) conduct a review of research conducted by the Department of Transportation; and (2) to the maximum extent practicable and appropriate, identify modifications to laws, regulations, guidance, and other policy documents to incorporate any innovations resulting from the research described in paragraph (1) that have the potential to improve the safety or efficiency of the United States transportation system. (b) Requirements In conducting a review under subsection (a), the Secretary of Transportation shall— (1) identify any innovative practices, materials, or technologies that have demonstrable benefits to the transportation system; (2) determine whether the practices, materials, or technologies described in paragraph (1) require any statutory or regulatory modifications for adoption; and (3) (A) if modifications are determined to be required under paragraph (2), develop— (i) a proposal for those modifications; and (ii) a description of the manner in which any such regulatory modifications would be— (I) incorporated into the Unified Regulatory Agenda; or (II) adopted into existing regulations as soon as practicable; or (B) if modifications are determined not to be required under paragraph (2), develop a description of the means by which the practices, materials, or technologies described in paragraph (1) will otherwise be incorporated into Department of Transportation or modal administration policy or guidance, including as part of the Technology Transfer Program of the Office of the Assistant Secretary for Research and Technology. (c) Report On completion of each review under subsection (a), the Secretary of Transportation shall submit to the appropriate committees of Congress a report describing, with respect to the period covered by the report— (1) each new practice, material, or technology identified under subsection (b)(1); and (2) any statutory or regulatory modification for the adoption of such a practice, material, or technology that— (A) is determined to be required under subsection (b)(2); or (B) was otherwise made during that period. . (b) Clerical amendment The analysis for chapter 65 of title 49, United States Code, is amended by adding at the end the following: 6504. Incorporation of Department of Transportation research. . 5018. University transportation centers program Section 5505 of title 49, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting of Transportation, acting through the Assistant Secretary for Research and Technology (referred to in this section as the Secretary ), after The Secretary ; and (B) in paragraph (2)— (i) in subparagraph (B), by inserting multimodal after critical ; and (ii) in subparagraph (C), by inserting with respect to the matters described in subparagraphs (A) through (G) of section 6503(c)(1) after transportation leaders ; (2) in subsection (b)— (A) in paragraph (2)(A), by striking for each of the transportation centers described under paragraphs (2), (3), and (4) of subsection (c) and inserting as a lead institution under this section, except as provided in subparagraph (B) ; (B) in paragraph (4)— (i) in subparagraph (A), by striking identified in chapter 65 and inserting described in subparagraphs (A) through (G) of section 6503(c)(1) ; and (ii) in subparagraph (B), in the matter preceding clause (i), by striking the Assistant Secretary and all that follows through modal administrations and inserting the heads of the modal administrations of the Department of Transportation, ; and (C) in paragraph (5)(B), in the matter preceding clause (i), by striking submit and all that follows through of the Senate and inserting make available to the public on a website of the Department of Transportation ; (3) in subsection (c)(3)(E)— (A) by inserting , including the cybersecurity implications of technologies relating to connected vehicles, connected infrastructure, and autonomous vehicles after autonomous vehicles ; and (B) by striking The Secretary and inserting the following: (i) In general A regional university transportation center receiving a grant under this paragraph shall carry out research focusing on 1 or more of the matters described in subparagraphs (A) through (G) of section 6503(c)(1). (ii) Focused objectives The Secretary ; and (4) in subsection (d)— (A) in paragraph (2)— (i) in the paragraph heading, by striking Annual review and inserting Review ; (ii) in the matter preceding subparagraph (A), by striking annually and inserting biennially ; and (iii) in subparagraph (B), by striking submit and all that follows through of the Senate and inserting make available to the public on a website of the Department of Transportation ; and (B) in paragraph (3), by striking 2016 through 2020 and inserting 2022 through 2026 . 5019. National travel and tourism infrastructure strategic plan Section 1431(e) of the FAST Act ( 49 U.S.C. 301 note; Public Law 114–94 ) is amended— (1) by redesignating paragraphs (1) through (7) as subparagraphs (A) though (G), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated)— (A) by striking Not later than 3 years after the date of enactment of this Act and inserting Not later than 180 days after the date of enactment of the Surface Transportation Investment Act of 2021 ; and (B) by striking plan that includes and inserting the following: plan— (1) to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the Coronavirus Disease 2019 (COVID–19) pandemic; and (2) that includes ; and (3) in paragraph (2) (as so redesignated)— (A) in subparagraph (A) (as so redesignated), by inserting , including consideration of the impacts of the COVID–19 pandemic after network ; (B) in subparagraph (D) (as so redesignated), by inserting of regional significance after corridors ; (C) in subparagraph (F) (as so redesignated), by striking and at the end; (D) in subparagraph (G) (as so redesignated), by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic, but often less-traveled, roads that promote tourism and economic development throughout the United States. . 5020. Local hiring preference for construction jobs (a) Authorization (1) In general A recipient or subrecipient of a grant provided by the Secretary under title 23 or 49, United States Code, may implement a local or other geographical or economic hiring preference relating to the use of labor for construction of a project funded by the grant, including prehire agreements, subject to any applicable State and local laws, policies, and procedures. (2) Treatment The use of a local or other geographical or economic hiring preference pursuant to paragraph (1) in any bid for a contract for the construction of a project funded by a grant described in paragraph (1) shall not be considered to unduly limit competition. (b) Workforce diversity report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing methods— (1) to ensure preapprenticeship programs are established and implemented to meet the needs of employers in transportation and transportation infrastructure construction industries, including with respect to the formal connection of the preapprenticeship programs to registered apprenticeship programs; (2) to address barriers to employment (within the meaning of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq.)) in transportation and transportation infrastructure construction industries for— (A) individuals who are former offenders (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )); (B) individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )); and (C) individuals that represent populations that are traditionally underrepresented in the workforce; and (3) to encourage a recipient or subrecipient implementing a local or other geographical or economic hiring preference pursuant to subsection (a)(1) to establish, in coordination with nonprofit organizations that represent employees, outreach and support programs that increase diversity within the workforce, including expanded participation from individuals described in subparagraphs (A) through (C) of paragraph (2). (c) Model plan Not later than 1 year after the date of submission of the report under subsection (b), the Secretary shall establish, and publish on the website of the Department, a model plan for use by States, units of local government, and private sector entities to address the issues described in that subsection. 5021. Transportation workforce development (a) Assessment The Secretary shall enter into an arrangement with the National Academy of Sciences under which the National Academy shall develop and submit to the Secretary a workforce needs assessment that— (1) addresses— (A) the education and recruitment of technical workers for the intelligent transportation technologies and systems industry; (B) the development of a workforce skilled in various types of intelligent transportation technologies, components, infrastructure, and equipment, including with respect to— (i) installation; (ii) maintenance; (iii) manufacturing; (iv) operations, including data analysis and review; and (v) cybersecurity; and (C) barriers to employment in the intelligent transportation technologies and systems industry for— (i) individuals who are former offenders (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )); (ii) individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )); and (iii) individuals that represent populations that are traditionally underrepresented in the workforce; and (2) includes recommendations relating to the issues described in paragraph (1). (b) Working group (1) Establishment The Secretary shall establish a working group, to be composed of— (A) the Secretary of Energy; (B) the Secretary of Labor; and (C) the heads of such other Federal agencies as the Secretary determines to be necessary. (2) Implementation plan (A) In general The working group established under paragraph (1) shall develop an intelligent transportation technologies and systems industry workforce development implantation plan. (B) Requirements The implementation plan under subparagraph (A) shall address any issues and recommendations included in the needs assessment under subsection (a), taking into consideration a whole-of-government approach with respect to— (i) using registered apprenticeship and preapprenticeship programs; and (ii) re-skilling workers who may be interested in working within the intelligent transportation technologies and systems industry. (3) Submission to Congress Not later than 1 year after the date of receipt of the needs assessment under subsection (a), the Secretary shall submit to Congress the implementation plan developed under paragraph (2). (c) Transportation workforce outreach program (1) In general Subchapter I of chapter 55 of title 49, United States Code (as amended by section 5014(a)), is amended by adding at the end the following: 5507. Transportation workforce outreach program (a) In general The Secretary of Transportation (referred to in this section as the Secretary ) shall establish and administer a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement campaigns during each of fiscal years 2022 through 2026. (b) Purposes The purpose of the campaigns carried out under the program under this section shall be— (1) to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck and bus drivers, engineers, transit workers, railroad workers, and other transportation professionals; and (2) to target awareness of professional opportunities in the transportation sector to diverse segments of the population, including with respect to race, sex, ethnicity, ability (including physical and mental ability), and socioeconomic status. (c) Advertising The Secretary may use, or authorize the use of, amounts made available to carry out the program under this section for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out a campaign under this section. (d) Funding The Secretary may use to carry out this section any amounts otherwise made available to the Secretary, not to exceed $5,000,000, for each of fiscal years 2022 through 2026. . (2) Clerical amendment The analysis for subchapter I of chapter 55 of title 49, United States Code (as amended by section 5014(b)), is amended by adding at the end the following: 5507. Transportation workforce outreach program. . 5022. Intermodal Transportation Advisory Board repeal (a) In general Section 5502 of title 49, United States Code, is repealed. (b) Clerical amendment The analysis for subchapter I of chapter 55 of title 49, United States Code, is amended by striking the item relating to section 5502. 5023. GAO cybersecurity recommendations (a) Cybersecurity risk management Not later than 3 years after the date of enactment of this Act, the Secretary shall implement the recommendation for the Department made by the Comptroller General of the United States in the report entitled Cybersecurity: Agencies Need to Fully Establish Risk Management Programs and Address Challenges , numbered GAO–19–384, and dated July 2019— (1) by developing a cybersecurity risk management strategy for the systems and information of the Department; (2) by updating policies to address an organization-wide risk assessment; and (3) by updating the processes for coordination between cybersecurity risk management functions and enterprise risk management functions. (b) Work roles Not later than 3 years after the date of enactment of this Act, the Secretary shall implement the recommendation of the Comptroller General of the United States in the report entitled Cybersecurity Workforce: Agencies Need to Accurately Categorize Positions to Effectively Identify Critical Staffing Needs , numbered GAO–19–144, and dated March 2019, by— (1) reviewing positions in the Department; and (2) assigning appropriate work roles in accordance with the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework. (c) GAO review (1) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines the approach of the Department to managing cybersecurity for the systems and information of the Department. (2) Contents The report under paragraph (1) shall include an evaluation of— (A) the roles, responsibilities, and reporting relationships of the senior officials of the Department with respect to cybersecurity at the components of the Department; (B) the extent to which officials of the Department— (i) establish requirements for, share information with, provide resources to, and monitor the performance of managers with respect to cybersecurity within the components of the Department; and (ii) hold managers accountable for cybersecurity within the components of the Department; and (C) other aspects of cybersecurity, as the Comptroller General of the United States determines to be appropriate. 5024. Volpe oversight (a) Financial management Not later than 1 year after the date of enactment of this Act, the Secretary shall implement the recommendations of the Inspector General of the Department included in the report entitled DOT Needs to Strengthen Its Oversight of IAAs With Volpe and dated September 30, 2019, to improve planning, financial management, and the sharing of performance information with respect to intraagency agreements with the John A. Volpe National Transportation Systems Center (referred to in this section as the Volpe Center ). (b) GAO review (1) In general Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines the surface transportation activities at the Volpe Center. (2) Contents The report under paragraph (1) shall include an evaluation of— (A) the amount of Department funding provided to the Volpe Center, as compared to other Federal and non-Federal research partners; (B) the process used by the Department to determine whether to work with the Volpe Center, as compared to any other Federal or non-Federal research partner; and (C) the extent to which the Department is collaborating with the Volpe Center to address research needs relating to emerging issues. VI Hazardous materials 6001. Authorization of appropriations Section 5128 of title 49, United States Code, is amended to read as follows: 5128. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary to carry out this chapter (except section 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)— (1) $67,000,000 for fiscal year 2022; (2) $68,000,000 for fiscal year 2023; (3) $69,000,000 for fiscal year 2024; (4) $70,000,000 for fiscal year 2025; and (5) $71,000,000 for fiscal year 2026. (b) Hazardous Materials Emergency Preparedness Fund From the Hazardous Materials Preparedness Fund established under section 5116(h), the Secretary may expend, for each of fiscal years 2022 through 2026— (1) $39,050,000 to carry out section 5116(a); (2) $150,000 to carry out section 5116(e); (3) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116(h)(3); and (4) $1,000,000 to carry out section 5116(i). (c) Hazardous materials training grants From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $5,000,000 for each of fiscal years 2022 through 2026 to carry out section 5107(e). (d) Community safety grants Of the amounts made available under subsection (a) to carry out this chapter, the Secretary shall withhold $4,000,000 for each of fiscal years 2022 through 2026 to carry out section 5107(i). (e) Credits to appropriations (1) Expenses In addition to amounts otherwise made available to carry out this chapter, the Secretary may credit amounts received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, Indian tribe, authority or entity. (2) Availability of amounts Amounts made available under this section shall remain available until expended. . 6002. Assistance for local emergency response training grant program Section 5116 of title 49, United States Code, is amended— (1) in subsection (j), in the second sentence of the matter preceding paragraph (1), by striking subsection (i) and inserting subsections (i) and (j) ; (2) by redesignating subsection (j) as subsection (k); and (3) by inserting after subsection (i) the following: (j) Alert grant program (1) Assistance for local emergency response training The Secretary shall establish a grant program to make grants to eligible entities described in paragraph (2)— (A) to develop a hazardous materials response training curriculum for emergency responders, including response activities for the transportation of crude oil, ethanol, and other flammable liquids by rail, consistent with the standards of the National Fire Protection Association; and (B) to make the training described in subparagraph (A) available in an electronic format. (2) Eligible entities An eligible entity referred to in paragraph (1) is a nonprofit organization that— (A) represents first responders or public official responsible for coordinating disaster response; and (B) is able to provide direct or web-based training to individuals responsible for responding to accidents and incidents involving hazardous materials. (3) Funding (A) In general To carry out the grant program under paragraph (1), the Secretary may use, for each fiscal year, any amounts recovered during such fiscal year from grants awarded under this section during a prior fiscal year. (B) Other hazardous material training activities For each fiscal year, after providing grants under paragraph (1), if funds remain available, the Secretary may use the amounts described in subparagraph (A)— (i) to make grants under— (I) subsection (a)(1)(C); (II) subsection (i); and (III) section 5107(e); (ii) to conduct monitoring and provide technical assistance under subsection (e); (iii) to publish and distribute the emergency response guide referred to in subsection (h)(3); and (iv) to pay administrative costs in accordance with subsection (h)(4). (C) Obligation limitation Notwithstanding any other provision of law, for each fiscal year, amounts described in subparagraph (A) shall not be included in the obligation limitation for the Hazardous Materials Emergency Preparedness grant program for that fiscal year. . 6003. Real-time emergency response information Section 7302 of the FAST Act ( 49 U.S.C. 20103 note; Public Law 114–94 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking 1 year after the date of enactment of this Act and inserting December 5, 2022 ; (B) in paragraph (1), by amending subparagraph (B) to read as follows: (B) to provide the electronic train consist information described in subparagraph (A) to authorized State and local first responders, emergency response officials, and law enforcement personnel that are involved in the response to, or investigation of, an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials; ; (C) by striking paragraph (2); (D) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), and (6), respectively; and (E) in paragraph (3), as redesignated, by striking paragraph (3) and inserting paragraph (2) ; (2) in subsection (b)— (A) by striking paragraphs (1) and (4); and (B) by redesignating paragraphs (2), (3), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5), respectively; and (3) in subsection (c), by striking , as described in subsection (a)(1)(B), . | https://www.govinfo.gov/content/pkg/BILLS-117s2016is/xml/BILLS-117s2016is.xml |
117-s-2017 | II 117th CONGRESS 1st Session S. 2017 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase the period of time during which an individual who has submitted a claim for benefits under chapter 81 of title 5, United States Code, may supply supporting documentation to the Office of Workers’ Compensation Programs of the Department of Labor, and for other purposes.
1. Short title This Act may be cited as the Kenneth Meisel Public Servants’ Claimant Fairness Act . 2. Increase in time period for FECA claimant to submit supporting evidence to Office of Workers’ Compensation Programs Not later than 60 days after the date of enactment of this Act, the Secretary of Labor shall— (1) amend the second sentence of section 10.121 of title 20, Code of Federal Regulations, or any successor regulation, by striking 30 days and inserting 60 days ; and (2) modify the Procedure Manual of the Division of Federal Employees’ Compensation of the Office of Workers’ Compensation Programs of the Department of Labor to reflect the change made by the Secretary under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s2017is/xml/BILLS-117s2017is.xml |
117-s-2018 | II 117th CONGRESS 1st Session S. 2018 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mrs. Murray (for herself, Mr. Portman , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Assistant Secretary of Commerce for Communications and Information to establish a State Digital Equity Capacity Grant Program, and for other purposes.
1. Short title This Act may be cited as the Digital Equity Act of 2021 . 2. Definitions In this Act: (1) Adoption of broadband The term adoption of broadband means the process by which an individual obtains daily access to the internet— (A) at a speed, quality, and capacity— (i) that is necessary for the individual to accomplish common tasks; and (ii) such that the access qualifies as an advanced telecommunications capability; (B) with the digital skills that are necessary for the individual to participate online; and (C) on a— (i) personal device; and (ii) secure and convenient network. (2) Advanced telecommunications capability The term advanced telecommunications capability has the meaning given the term in section 706(d) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(d) ). (3) Aging individual The term aging individual has the meaning given the term older individual in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). (4) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Appropriations of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (5) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (6) Community anchor institution The term community anchor institution means a public school, a library, a medical or healthcare provider, a community college or other institution of higher education, a State library agency, and any other nonprofit or governmental community support organization. (7) Covered household The term covered household means a household, the taxable income of which for the most recently completed taxable year is not more than 150 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of the Census. (8) Covered populations The term covered populations means— (A) individuals who live in covered households; (B) aging individuals; (C) incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility; (D) veterans; (E) individuals with disabilities; (F) individuals with a language barrier, including individuals who— (i) are English learners; and (ii) have low levels of literacy; (G) individuals who are members of a racial or ethnic minority group; and (H) individuals who primarily reside in a rural area. (9) Covered programs The term covered programs means the State Digital Equity Capacity Grant Program established under section 4 and the Digital Equity Competitive Grant Program established under section 5. (10) Digital equity The term digital equity means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States. (11) Digital inclusion The term digital inclusion — (A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as— (i) reliable fixed and wireless broadband internet service; (ii) internet-enabled devices that meet the needs of the user; and (iii) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and (B) includes— (i) obtaining access to digital literacy training; (ii) the provision of quality technical support; and (iii) obtaining basic awareness of measures to ensure online privacy and cybersecurity. (12) Digital literacy The term digital literacy means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information. (13) Disability The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (14) Eligible State The term eligible State means— (A) with respect to planning grants made available under section 4(c)(3), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under section 4(c)(3)(C); and (B) with respect to capacity grants awarded under section 4(d), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under section 4(d)(2), including approval of the State Digital Equity Plan developed by the State under section 4(c). (15) Gender identity The term gender identity has the meaning given the term in section 249(c) of title 18, United States Code. (16) Indian tribe The term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (17) Institution of higher education The term institution of higher education — (A) has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); and (B) includes a postsecondary vocational institution. (18) Local educational agency The term local educational agency has the meaning given the term in section 8101(30) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(30) ). (19) Postsecondary vocational institution The term postsecondary vocational institution has the meaning given the term in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) ). (20) Rural area The term rural area has the meaning given the term in section 601(b)(3) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(b)(3) ). (21) Socially and economically disadvantaged small business concern The term socially and economically disadvantaged small business concern has the meaning given the term in section 8(a)(4) of the Small Business Act ( 15 U.S.C. 637(a)(4) ). (22) State The term State means— (A) any State of the United States; (B) the District of Columbia; and (C) the Commonwealth of Puerto Rico. (23) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. (24) Workforce development program The term workforce development program has the meaning given the term in section 3(66) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(66) ). 3. Sense of Congress It is the sense of Congress that— (1) a broadband connection and digital literacy are increasingly critical to how individuals— (A) participate in the society, economy, and civic institutions of the United States; and (B) access health care and essential services, obtain education, and build careers; (2) digital exclusion— (A) carries a high societal and economic cost; (B) materially harms the opportunity of an individual with respect to the economic success, educational achievement, positive health outcomes, social inclusion, and civic engagement of that individual; and (C) exacerbates existing wealth and income gaps, especially those experienced by covered populations; (3) achieving digital equity for all people of the United States requires additional and sustained investment and research efforts; (4) the Federal Government, as well as State, tribal, territorial, and local governments, have made social, legal, and economic obligations that necessarily extend to how the citizens and residents of those governments access and use the internet; and (5) achieving digital equity is a matter of social and economic justice and is worth pursuing. 4. State Digital Equity Capacity Grant Program (a) Establishment; purpose (1) In general The Assistant Secretary shall establish in the Department of Commerce the State Digital Equity Capacity Grant Program (referred to in this section as the Program )— (A) the purpose of which is to promote the achievement of digital equity, support digital inclusion activities, and build capacity for efforts by States relating to the adoption of broadband by residents of those States; (B) through which the Assistant Secretary shall make grants to States in accordance with the requirements of this section; and (C) which shall ensure that States have the capacity to promote the achievement of digital equity and support digital inclusion activities. (2) Consultation with other Federal agencies; no conflict In establishing the Program under paragraph (1), the Assistant Secretary shall— (A) consult with— (i) the Secretary of Agriculture; (ii) the Secretary of Housing and Urban Development; (iii) the Secretary of Education; (iv) the Secretary of Labor; (v) the Secretary of Health and Human Services; (vi) the Secretary of Veterans Affairs; (vii) the Secretary of the Interior; (viii) the Federal Communications Commission; (ix) the Federal Trade Commission; (x) the Director of the Institute of Museum and Library Services; (xi) the Administrator of the Small Business Administration; (xii) the Federal Co-Chair of the Appalachian Regional Commission; and (xiii) the head of any other agency that the Assistant Secretary determines to be appropriate; and (B) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband initiatives and programs. (b) Administering entity (1) Selection; function The governor (or equivalent official) of a State that wishes to be awarded a grant under this section shall, from among entities that are eligible under paragraph (2), select an administering entity for that State, which shall— (A) serve as the recipient of, and administering agent for, any grant awarded to the State under this section; (B) develop, implement, and oversee the State Digital Equity Plan for the State described in subsection (c); (C) make subgrants to any entity described in subsection (c)(1)(D) that is located in the State in support of— (i) the State Digital Equity Plan for the State; and (ii) digital inclusion activities in the State generally; and (D) serve as— (i) an advocate for digital equity policy and digital inclusion activities; and (ii) a repository of best practice materials regarding the policies and activities described in clause (i). (2) Eligible entities Any of the following entities may serve as the administering entity for a State for the purposes of this section if the entity has demonstrated a capacity to administer the Program on a statewide level: (A) The State, a political subdivision, agency, or instrumentality of the State, an Indian tribe located in the State, an Alaska Native entity located in the State, or a Native Hawaiian organization located in the State. (B) A foundation, corporation, institution, association, or coalition that is— (i) a not-for-profit entity; (ii) located in the State; and (iii) not a school. (C) A community anchor institution, other than a school, that is located in the State. (D) A local educational agency that is located in the State. (E) An entity located in the State that carries out a workforce development program. (F) An agency of the State that is responsible for administering or supervising adult education and literacy activities in the State. (G) A public housing authority that is located in the State. (H) A partnership between any of the entities described in subparagraphs (A) through (G). (c) State Digital Equity Plan (1) Development; contents A State that wishes to be awarded a grant under subsection (d) shall develop a State Digital Equity Plan for the State, which shall include— (A) the identification of the barriers to digital equity faced by covered populations in the State; (B) measurable objectives for documenting and promoting, among each group described in subparagraphs (A) through (H) of section 2(8) located in that State— (i) the availability of, and affordability of access to, fixed and wireless broadband technology; (ii) the online accessibility and inclusivity of public resources and services; (iii) digital literacy; (iv) awareness of, and the use of, measures to secure the online privacy of, and cybersecurity with respect to, an individual; and (v) the availability and affordability of consumer devices and technical support for those devices; (C) an assessment of how the objectives described in subparagraph (B) will impact and interact with the State’s— (i) economic and workforce development goals, plans, and outcomes; (ii) educational outcomes; (iii) health outcomes; (iv) civic and social engagement; and (v) delivery of other essential services; (D) in order to achieve the objectives described in subparagraph (B), a description of how the State plans to collaborate with key stakeholders in the State, which may include— (i) community anchor institutions; (ii) county and municipal governments; (iii) local educational agencies; (iv) where applicable, Indian tribes, Alaska Native entities, or Native Hawaiian organizations; (v) nonprofit organizations; (vi) organizations that represent— (I) individuals with disabilities, including organizations that represent children with disabilities; (II) aging individuals; (III) individuals with language barriers, including— (aa) individuals who are English learners; and (bb) individuals who have low levels of literacy; (IV) veterans; and (V) individuals in that State who are incarcerated in facilities other than Federal correctional facilities; (vii) civil rights organizations; (viii) entities that carry out workforce development programs; (ix) agencies of the State that are responsible for administering or supervising adult education and literacy activities in the State; (x) public housing authorities in the State; and (xi) a partnership between any of the entities described in clauses (i) through (x); and (E) a list of organizations with which the administering entity for the State collaborated in developing and implementing the Plan. (2) Public availability (A) In general The administering entity for a State shall make the State Digital Equity Plan of the State available for public comment for a period of not less than 30 days before the date on which the State submits an application to the Assistant Secretary under subsection (d)(2). (B) Consideration of comments received The administering entity for a State shall, with respect to an application submitted to the Assistant Secretary under subsection (d)(2)— (i) before submitting the application— (I) consider all comments received during the comment period described in subparagraph (A) with respect to the application (referred to in this subparagraph as the comment period ); and (II) make any changes to the plan that the administering entity determines to be worthwhile; and (ii) when submitting the application— (I) describe any changes pursued by the administering entity in response to comments received during the comment period; and (II) include a written response to each comment received during the comment period. (3) Planning grants (A) In general Beginning in the first fiscal year that begins after the date of enactment of this Act, the Assistant Secretary shall, in accordance with the requirements of this paragraph, award planning grants to States for the purpose of developing the State Digital Equity Plans of those States under this subsection. (B) Eligibility In order to be awarded a planning grant under this paragraph, a State— (i) shall submit to the Assistant Secretary an application under subparagraph (C); and (ii) may not have been awarded, at any time, a planning grant under this paragraph. (C) Application A State that wishes to be awarded a planning grant under this paragraph shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials: (i) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b). (ii) A certification from the State that, not later than 1 year after the date on which the Assistant Secretary awards the planning grant to the State, the administering entity for that State shall develop a State Digital Equity Plan under this subsection, which— (I) the administering entity shall submit to the Assistant Secretary; and (II) shall comply with the requirements of this subsection, including the requirement under paragraph (2)(B). (iii) The assurances required under subsection (e). (D) Awards (i) Amount of grant A planning grant awarded to an eligible State under this paragraph shall be determined according to the formula under subsection (d)(3)(A)(i). (ii) Duration (I) In general Except as provided in subclause (II), with respect to a planning grant awarded to an eligible State under this paragraph, the State shall expend the grant funds during the 1-year period beginning on the date on which the State is awarded the grant funds. (II) Exception The Assistant Secretary may grant an extension of not longer than 180 days with respect to the requirement under subclause (I). (iii) Challenge mechanism The Assistant Secretary shall ensure that any eligible State to which a planning grant is awarded under this paragraph may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under clause (i). (E) Use of funds An eligible State to which a planning grant is awarded under this paragraph shall, through the administering entity for that State, use the grant funds only for the following purposes: (i) To develop the State Digital Equity Plan of the State under this subsection. (ii) (I) Subject to subclause (II), to make subgrants to any of the entities described in paragraph (1)(D) to assist in the development of the State Digital Equity Plan of the State under this subsection. (II) If the administering entity for a State makes a subgrant described in subclause (I), the administering entity shall, with respect to the subgrant, provide to the State the assurances required under subsection (e). (d) State capacity grants (1) In general Beginning not later than 2 years after the date on which the Assistant Secretary begins awarding planning grants under subsection (c)(3), the Assistant Secretary shall each year award grants to eligible States to support— (A) the implementation of the State Digital Equity Plans of those States; and (B) digital inclusion activities in those States. (2) Application A State that wishes to be awarded a grant under this subsection shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials: (A) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b). (B) The State Digital Equity Plan of that State, as described in subsection (c). (C) A certification that the State, acting through the administering entity for the State, shall— (i) implement the State Digital Equity Plan of the State; and (ii) make grants in a manner that is consistent with the aims of the Plan described in clause (i). (D) The assurances required under subsection (e). (E) In the case of a State to which the Assistant Secretary has previously awarded a grant under this subsection, any amendments to the State Digital Equity Plan of that State, as compared with the State Digital Equity Plan of the State previously submitted. (3) Awards (A) Amount of grant (i) Formula Subject to clauses (ii), (iii), and (iv), the Assistant Secretary shall calculate the amount of a grant awarded to an eligible State under this subsection in accordance with the following criteria, using the best available data for all States for the fiscal year in which the grant is awarded: (I) 50 percent of the total grant amount shall be based on the population of the eligible State in proportion to the total population of all eligible States. (II) 25 percent of the total grant amount shall be based on the number of individuals in the eligible State who are members of covered populations in proportion to the total number of individuals in all eligible States who are members of covered populations. (III) 25 percent of the total grant amount shall be based on the comparative lack of availability and adoption of broadband in the eligible State in proportion to the lack of availability and adoption of broadband of all eligible States, which shall be determined according to data collected from— (aa) the annual inquiry of the Federal Communications Commission conducted under section 706(b) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(b) ); (bb) the American Community Survey or, if necessary, other data collected by the Bureau of the Census; (cc) the Internet and Computer Use Supplement to the Current Population Survey of the Bureau of the Census; and (dd) any other source that the Assistant Secretary, after appropriate notice and opportunity for public comment, determines to be appropriate. (ii) Minimum award The amount of a grant awarded to an eligible State under this subsection in a fiscal year shall be not less than 0.5 percent of the total amount made available to award grants to eligible States for that fiscal year. (iii) Additional amounts If, after awarding planning grants to States under subsection (c)(3) and capacity grants to eligible States under this subsection in a fiscal year, there are amounts remaining to carry out this section, the Assistant Secretary shall distribute those amounts— (I) to eligible States to which the Assistant Secretary has awarded grants under this subsection for that fiscal year; and (II) in accordance with the formula described in clause (i). (iv) Data unavailable If, in a fiscal year, the Commonwealth of Puerto Rico (referred to in this clause as Puerto Rico ) is an eligible State and specific data for Puerto Rico is unavailable for a factor described in subclause (I), (II), or (II) of clause (i), the Assistant Secretary shall use the median data point with respect to that factor among all eligible States and assign it to Puerto Rico for the purposes of making any calculation under that clause for that fiscal year. (B) Duration With respect to a grant awarded to an eligible State under this subsection, the eligible State shall expend the grant funds during the 5-year period beginning on the date on which the eligible State is awarded the grant funds. (C) Challenge mechanism The Assistant Secretary shall ensure that any eligible State to which a grant is awarded under this subsection may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under subparagraph (A). (D) Use of funds The administering entity for an eligible State to which a grant is awarded under this subsection shall use the grant amounts for the following purposes: (i) (I) Subject to subclause (II), to update or maintain the State Digital Equity Plan of the State. (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 20 percent of the amount of the grant for the purpose described in subclause (I). (ii) To implement the State Digital Equity Plan of the State. (iii) (I) Subject to subclause (II), to award a grant to any entity that is described in section 5(b) and is located in the eligible State in order to— (aa) assist in the implementation of the State Digital Equity Plan of the State; (bb) pursue digital inclusion activities in the State consistent with the State Digital Equity Plan of the State; and (cc) report to the State regarding the digital inclusion activities of the entity. (II) Before an administering entity for an eligible State may award a grant under subclause (I), the administering entity shall require the entity to which the grant is awarded to certify that— (aa) the entity shall carry out the activities required under items (aa), (bb), and (cc) of that subclause; (bb) the receipt of the grant shall not result in unjust enrichment of the entity; and (cc) the entity shall cooperate with any evaluation— (AA) of any program that relates to a grant awarded to the entity; and (BB) that is carried out by or for the administering entity, the Assistant Secretary, or another Federal official. (iv) (I) Subject to subclause (II), to evaluate the efficacy of the efforts funded by grants made under clause (iii). (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 5 percent of the amount of the grant for a purpose described in subclause (I). (v) (I) Subject to subclause (II), for the administrative costs incurred in carrying out the activities described in clauses (i) through (iv). (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 3 percent of the amount of the grant for a purpose described in subclause (I). (e) Assurances When applying for a grant under this section, a State shall include in the application for that grant assurances that— (1) if an entity described in section 5(b) is awarded grant funds under this section (referred to in this subsection as a covered recipient ), provide that— (A) the covered recipient shall use the grant funds in accordance with any applicable statute, regulation, and application procedure; (B) the administering entity for that State shall adopt and use proper methods of administering any grant that the covered recipient is awarded, including by— (i) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out the program to which the grant relates; (ii) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and (iii) adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates; and (C) the administering entity for that State shall cooperate in carrying out any evaluation— (i) of any program that relates to a grant awarded to the covered recipient; and (ii) that is carried out by or for the Assistant Secretary or another Federal official; (2) the administering entity for that State shall— (A) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the State is awarded under this section; (B) submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section; (C) maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section; and (D) with respect to any significant proposed change or amendment to the State Digital Equity Plan for the State, make the change or amendment available for public comment in accordance with subsection (c)(2); and (3) the State, before submitting to the Assistant Secretary the State Digital Equity Plan of the State, has complied with the requirements of subsection (c)(2). (f) Termination of grant (1) In general The Assistant Secretary shall terminate a grant awarded to an eligible State under this section if, after notice to the State and opportunity for a hearing, the Assistant Secretary— (A) presents to the State a rationale and supporting information that clearly demonstrates that— (i) the grant funds are not contributing to the development or execution of the State Digital Equity Plan of the State, as applicable; and (ii) the State is not upholding assurances made by the State to the Assistant Secretary under subsection (e); and (B) determines that the grant is no longer necessary to achieve the original purpose for which Assistant Secretary awarded the grant. (2) Redistribution If the Assistant Secretary, in a fiscal year, terminates a grant under paragraph (1), the Assistant Secretary shall redistribute the unspent grant amounts— (A) to eligible States to which the Assistant Secretary has awarded grants under subsection (d) for that fiscal year; and (B) in accordance with the formula described in subsection (d)(3)(A)(i). (g) Reporting and information requirements; Internet disclosure The Assistant Secretary— (1) shall— (A) require any entity to which a grant, including a subgrant, is awarded under this section to publicly report, for each year during the period described in subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the grant, and in a format specified by the Assistant Secretary, on— (i) the use of that grant by the entity; (ii) the progress of the entity towards fulfilling the objectives for which the grant was awarded; and (iii) the implementation of the State Digital Equity Plan of the State; (B) establish appropriate mechanisms to ensure that each eligible State to which a grant is awarded under this section— (i) uses the grant amounts in an appropriate manner; and (ii) complies with all terms with respect to the use of the grant amounts; and (C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum— (i) the application of each State that has applied for a grant under this section; (ii) the status of each application described in clause (i); (iii) each report submitted by an entity under subparagraph (A); (iv) a record of public comments made regarding the State Digital Equity Plan of a State, as well as any written responses to or actions taken as a result of those comments; and (v) any other information that is sufficient to allow the public to understand and monitor grants awarded under this section; and (2) may establish additional reporting and information requirements for any recipient of a grant under this section. (h) Supplement not supplant A grant or subgrant awarded under this section shall supplement, not supplant, other Federal or State funds that have been made available to carry out activities described in this section. (i) Set asides From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve— (1) not more than 5 percent for the implementation and administration of the Program, which shall include— (A) providing technical support and assistance, including ensuring consistency in data reporting; (B) providing assistance to— (i) States, or administering entities for States, to prepare the applications of those States; and (ii) administering entities with respect to grants awarded under this section; and (C) developing the report required under section 6(a); (2) not less than 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and (3) not less than 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section. (j) Rules The Assistant Secretary may prescribe such rules as may be necessary to carry out this section. (k) Authorization of appropriations There are authorized to be appropriated— (1) $60,000,000 for the award of grants under subsection (c)(3), which shall remain available until expended; (2) for each of the first 5 fiscal years in which amounts are made available to award grants under subsection (d), $125,000,000 for the award of those grants; and (3) such sums as may be necessary to carry out this section for each fiscal year after the end of the 5-fiscal year period described in paragraph (2). 5. Digital Equity Competitive Grant Program (a) Establishment (1) In general Not later than 30 days after the date on which the Assistant Secretary begins awarding grants under section 4(d), and not before that date, the Assistant Secretary shall establish in the Department of Commerce the Digital Equity Competitive Grant Program (referred to in this section as the Program ), the purpose of which is to award grants to support efforts to achieve digital equity, promote digital inclusion activities, and spur greater adoption of broadband among covered populations. (2) Consultation; no conflict In establishing the Program under paragraph (1), the Assistant Secretary— (A) may consult a State with respect to— (i) the identification of groups described in subparagraphs (A) through (H) of section 2(8) located in that State; and (ii) the allocation of grant funds within that State for projects in or affecting the State; and (B) shall— (i) consult with— (I) the Secretary of Agriculture; (II) the Secretary of Housing and Urban Development; (III) the Secretary of Education; (IV) the Secretary of Labor; (V) the Secretary of Health and Human Services; (VI) the Secretary of Veterans Affairs; (VII) the Secretary of the Interior; (VIII) the Federal Communications Commission; (IX) the Federal Trade Commission; (X) the Director of the Institute of Museum and Library Services; (XI) the Administrator of the Small Business Administration; (XII) the Federal Co-Chair of the Appalachian Regional Commission; and (XIII) the head of any other agency that the Assistant Secretary determines to be appropriate; and (ii) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband initiatives and programs. (b) Eligibility The Assistant Secretary may award a grant under the Program to any of the following entities if the entity is not serving, and has not served, as the administering entity for a State under section 4(b): (1) A political subdivision, agency, or instrumentality of a State, including an agency of a State that is responsible for administering or supervising adult education and literacy activities in the State. (2) An Indian tribe, an Alaska Native entity, or a Native Hawaiian organization. (3) A foundation, corporation, institution, or association that is— (A) a not-for-profit entity; and (B) not a school. (4) A community anchor institution. (5) A local educational agency. (6) An entity that carries out a workforce development program. (7) A partnership between any of the entities described in paragraphs (1) through (6). (8) A partnership between— (A) an entity described in any of paragraphs (1) through (6); and (B) an entity that— (i) the Assistant Secretary, by rule, determines to be in the public interest; and (ii) is not a school. (c) Application An entity that wishes to be awarded a grant under the Program shall submit to the Assistant Secretary an application— (1) at such time, in such form, and containing such information as the Assistant Secretary may require; and (2) that— (A) provides a detailed explanation of how the entity will use any grant amounts awarded under the Program to carry out the purposes of the Program in an efficient and expeditious manner; (B) identifies the period in which the applicant will expend the grant funds awarded under the Program; (C) includes— (i) a justification for the amount of the grant that the applicant is requesting; and (ii) for each fiscal year in which the applicant will expend the grant funds, a budget for the activities that the grant funds will support; (D) demonstrates to the satisfaction of the Assistant Secretary that the entity— (i) is capable of carrying out— (I) the project or function to which the application relates; and (II) the activities described in subsection (h)— (aa) in a competent manner; and (bb) in compliance with all applicable Federal, State, and local laws; and (ii) if the applicant is an entity described in subsection (b)(1), shall appropriate or otherwise unconditionally obligate from non-Federal sources funds that are necessary to meet the requirements of subsection (e); (E) discloses to the Assistant Secretary the source and amount of other Federal, State, or outside funding sources from which the entity receives, or has applied for, funding for activities or projects to which the application relates; and (F) provides— (i) the assurances that are required under subsection (f); and (ii) an assurance that the entity shall follow such additional procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner. (d) Award of grants (1) Factors considered in award of grants In deciding whether to award a grant under the Program, the Assistant Secretary shall, to the extent practicable, consider— (A) whether— (i) an application shall, if approved— (I) increase internet access and the adoption of broadband among covered populations to be served by the applicant; and (II) not result in unjust enrichment; and (ii) the applicant is, or plans to subcontract with, a socially and economically disadvantaged small business concern; (B) the comparative geographic diversity of the application in relation to other eligible applications; and (C) the extent to which an application may duplicate or conflict with another program. (2) Use of funds (A) In general In addition to the activities required under subparagraph (B), an entity to which the Assistant Secretary awards a grant under the Program shall use the grant amounts to support not less than 1 of the following activities: (i) To develop and implement digital inclusion activities that benefit covered populations. (ii) To facilitate the adoption of broadband by covered populations in order to provide educational and employment opportunities to those populations. (iii) To implement, consistent with the purposes of this Act— (I) training programs for covered populations that cover basic, advanced, and applied skills; or (II) other workforce development programs. (iv) To make available equipment, instrumentation, networking capability, hardware and software, or digital network technology for broadband services to covered populations at low or no cost. (v) To construct, upgrade, expend, or operate new or existing public access computing centers for covered populations through community anchor institutions. (vi) To undertake any other project and activity that the Assistant Secretary finds to be consistent with the purposes for which the Program is established. (B) Evaluation (i) In general An entity to which the Assistant Secretary awards a grant under the Program shall use not more than 10 percent of the grant amounts to measure and evaluate the activities supported with the grant amounts. (ii) Submission to Assistant Secretary An entity to which the Assistant Secretary awards a grant under the Program shall submit to the Assistant Secretary each measurement and evaluation performed under clause (i)— (I) in a manner specified by the Assistant Secretary; (II) not later than 15 months after the date on which the entity is awarded the grant amounts; and (III) annually after the submission described in subclause (II) for any year in which the entity expends grant amounts. (C) Administrative costs An entity to which the Assistant Secretary awards a grant under the Program may use not more than 10 percent of the amount of the grant for administrative costs in carrying out any of the activities described in subparagraph (A). (D) Time limitations With respect to a grant awarded to an entity under the Program, the entity— (i) except as provided in clause (ii), shall expend the grant amounts during the 4-year period beginning on the date on which the entity is awarded the grant amounts; and (ii) during the 1-year period beginning on the date that is 4 years after the date on which the entity is awarded the grant amounts, may continue to measure and evaluate the activities supported with the grant amounts, as required under subparagraph (B). (e) Federal share (1) In general Except as provided in paragraph (2), the Federal share of any project for which the Assistant Secretary awards a grant under the Program may not exceed 90 percent. (2) Exception The Assistant Secretary may grant a waiver with respect to the limitation on the Federal share of a project described in paragraph (1) if— (A) the applicant with respect to the project petitions the Assistant Secretary for the waiver; and (B) the Assistant Secretary determines that the petition described in subparagraph (A) demonstrates financial need. (f) Assurances When applying for a grant under this section, an entity shall include in the application for that grant assurances that the entity shall— (1) use any grant funds that the entity is awarded— (A) in accordance with any applicable statute, regulation, and application procedure; and (B) to the extent required under applicable law; (2) adopt and use proper methods of administering any grant that the entity is awarded, including by— (A) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out a program to which the grant relates; (B) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and (C) adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates; (3) cooperate with respect to any evaluation— (A) of any program that relates to a grant awarded to the entity; and (B) that is carried out by or for the Assistant Secretary or another Federal official; (4) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the entity is awarded under the Program; (5) submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program; and (6) maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program. (g) Deobligation or termination of grant In addition to other authority under applicable law, the Assistant Secretary may— (1) deobligate or terminate a grant awarded to an entity under this section if, after notice to the entity and opportunity for a hearing, the Assistant Secretary— (A) presents to the entity a rationale and supporting information that clearly demonstrates that— (i) the grant funds are not being used in a manner that is consistent with the application with respect to the grant submitted by the entity under subsection (c); and (ii) the entity is not upholding assurances made by the entity to the Assistant Secretary under subsection (f); and (B) determines that the grant is no longer necessary to achieve the original purpose for which Assistant Secretary awarded the grant; and (2) with respect to any grant funds that the Assistant Secretary deobligates or terminates under paragraph (1), competitively award the grant funds to another applicant, consistent with the requirements of this section. (h) Reporting and information requirements; internet disclosure The Assistant Secretary— (1) shall— (A) require any entity to which the Assistant Secretary awards a grant under the Program to, for each year during the period described in subsection (d)(2)(D) with respect to the grant, submit to the Assistant Secretary a report, in a format specified by the Assistant Secretary, regarding— (i) the amount of the grant; (ii) the use by the entity of the grant amounts; and (iii) the progress of the entity towards fulfilling the objectives for which the grant was awarded; (B) establish mechanisms to ensure appropriate use of, and compliance with respect to all terms regarding, grant funds awarded under the Program; (C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum— (i) a list of each entity that has applied for a grant under the Program; (ii) a description of each application described in clause (i), including the proposed purpose of each grant described in that clause; (iii) the status of each application described in clause (i), including whether the Assistant Secretary has awarded a grant with respect to the application and, if so, the amount of the grant; (iv) each report submitted by an entity under subparagraph (A); and (v) any other information that is sufficient to allow the public to understand and monitor grants awarded under the Program; and (D) ensure that any entity with respect to which an award is deobligated or terminated under subsection (g) may, in a timely manner, appeal or otherwise challenge that deobligation or termination, as applicable; and (2) may establish additional reporting and information requirements for any recipient of a grant under the Program. (i) Supplement not supplant A grant awarded to an entity under the Program shall supplement, not supplant, other Federal or State funds that have been made available to the entity to carry out activities described in this section. (j) Set asides From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve— (1) 5 percent for the implementation and administration of the Program, which shall include— (A) providing technical support and assistance, including ensuring consistency in data reporting; (B) providing assistance to entities to prepare the applications of those entities with respect to grants awarded under this section; (C) developing the report required under section 6(a); and (D) conducting outreach to entities that may be eligible to be awarded a grant under the Program regarding opportunities to apply for such a grant; (2) 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and (3) 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section. (k) Rules The Assistant Secretary may prescribe such rules as may be necessary to carry out this section. (l) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $125,000,000 for each of the first 5 fiscal years in which funds are made available to carry out this section; and (2) such sums as may be necessary for each fiscal year after the end of the 5-fiscal year period described in paragraph (1). 6. Policy research, data collection, analysis and modeling, evaluation, and dissemination (a) Reporting requirements (1) In general Not later than 1 year after the date on which the Assistant Secretary begins awarding grants under section 4(d)(1), and annually thereafter, the Assistant Secretary shall— (A) submit to the appropriate committees of Congress a report that documents, for the year covered by the report— (i) the findings of each evaluation conducted under subparagraph (B); (ii) a list of each grant awarded under each covered program, which shall include— (I) the amount of each such grant; (II) the recipient of each such grant; and (III) the purpose for which each such grant was awarded; (iii) any deobligation, termination, or modification of a grant awarded under the covered programs, which shall include a description of the subsequent usage of any funds to which such an action applies; and (iv) each challenge made by an applicant for, or a recipient of, a grant under the covered programs and the outcome of each such challenge; and (B) conduct evaluations of the activities carried out under the covered programs, which shall include an evaluation of— (i) whether eligible States to which grants are awarded under the program established under section 4 are— (I) abiding by the assurances made by those States under subsection (e) of that section; (II) meeting, or have met, the stated goals of the Digital Equity Plans developed by the States under subsection (c) of that section; (III) satisfying the requirements imposed by the Assistant Secretary on those States under subsection (g) of that section; and (IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program; and (ii) whether entities to which grants are awarded under the program established under section 5 are— (I) abiding by the assurances made by those entities under subsection (f) of that section; (II) meeting, or have met, the stated goals of those entities with respect to the use of the grant amounts; (III) satisfying the requirements imposed by the Assistant Secretary on those States under subsection (h) of that section; and (IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program. (2) Public availability The Assistant Secretary shall make each report submitted under paragraph (1)(A) publicly available in an online format that— (A) facilitates access and ease of use; (B) is searchable; and (C) is accessible— (i) to individuals with disabilities; and (ii) in languages other than English. (b) Authority To contract and enter into other arrangements The Assistant Secretary may award grants and enter into contracts, cooperative agreements, and other arrangements with Federal agencies, public and private organizations, and other entities with expertise that the Assistant Secretary determines appropriate in order to— (1) evaluate the impact and efficacy of activities supported by grants awarded under the covered programs; and (2) develop, catalog, disseminate, and promote the exchange of best practices, both with respect to and independent of the covered programs, in order to achieve digital equity. (c) Consultation and public engagement In carrying out subsection (a), and to further the objectives described in paragraphs (1) and (2) of subsection (b), the Assistant Secretary shall conduct ongoing collaboration and consult with— (1) the Secretary of Agriculture; (2) the Secretary of Housing and Urban Development; (3) the Secretary of Education; (4) the Secretary of Labor; (5) the Secretary of Health and Human Services; (6) the Secretary of Veterans Affairs; (7) the Secretary of the Interior; (8) the Federal Communications Commission; (9) the Federal Trade Commission; (10) the Director of the Institute of Museum and Library Services; (11) the Administrator of the Small Business Administration; (12) the Federal Co-Chair of the Appalachian Regional Commission; (13) State agencies and governors of States (or equivalent officials); (14) entities serving as administering entities for States under section 4(b); (15) national, State, tribal, and local organizations that provide digital inclusion, digital equity, or digital literacy services; (16) researchers, academics, and philanthropic organizations; and (17) other agencies, organizations (including international organizations), entities (including entities with expertise in the fields of data collection, analysis and modeling, and evaluation), and community stakeholders, as determined appropriate by the Assistant Secretary. (d) Technical support and assistance The Assistant Secretary shall provide technical support and assistance, assistance to entities to prepare the applications of those entities with respect to grants awarded under the covered programs, and other resources, to the extent practicable, to ensure consistency in data reporting and to meet the objectives of this section. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section, which shall remain available until expended. 7. General provisions (a) Nondiscrimination (1) In general No individual in the United States may, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, age, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available to carry out this Act. (2) Enforcement The Assistant Secretary shall effectuate paragraph (1) with respect to any program or activity described in that paragraph by issuing regulations and taking actions consistent with section 602 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–1 ). (3) Judicial review Judicial review of an action taken by the Assistant Secretary under paragraph (2) shall be available to the extent provided in section 603 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–2 ). (b) Technological neutrality The Assistant Secretary shall, to the extent practicable, carry out this Act in a technologically neutral manner. (c) Audit and oversight Beginning in the first fiscal year in which amounts are made available to carry out an activity authorized under this Act, and in each of the 4 fiscal years thereafter, there is authorized to be appropriated to the Office of Inspector General for the Department of Commerce $1,000,000 for audits and oversight of funds made available to carry out this Act, which shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2018is/xml/BILLS-117s2018is.xml |
117-s-2019 | II 117th CONGRESS 1st Session S. 2019 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Markey (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To reduce and eliminate threats posed by nuclear weapons to the United States, and for other purposes.
1. Short title This Act may be cited as the Hastening Arms Limitations Talks Act of 2021 or the HALT Act of 2021 . 2. Findings Congress makes the following findings: (1) The use of nuclear weapons poses an existential threat to humanity, a fact that led President Ronald Reagan and Soviet Premier Mikhail Gorbachev to declare in a joint statement in 1987 that a nuclear war cannot be won and must never be fought . (2) On June 12, 1982, an estimated 1,000,000 people attended the largest peace rally in United States history, in support of a movement to freeze and reverse the nuclear arms race, a movement that helped to create the political will necessary for the negotiation of several bilateral arms control treaties between the United States and former Soviet Union, and then the Russian Federation. Those treaties contributed to strategic stability through mutual and verifiable reciprocal nuclear weapons reductions. (3) Since the advent of nuclear weapons in 1945, millions of people around the world have stood up to demand meaningful, immediate international action to halt, reduce, and eliminate the threats posed by nuclear weapons, nuclear weapons testing, and nuclear war, to humankind and the planet. (4) In 1970, the Treaty on the Non-Proliferation of Nuclear Weapons done at Washington, London, and Moscow July 1, 1968 (21 UST 483) (commonly referred to as the Nuclear Non-Proliferation Treaty or the NPT ) entered into force, which includes a binding obligation on the 5 nuclear-weapon states (commonly referred to as the P5 ), among other things, to pursue negotiations in good faith on effective measures relating to the cessation of the nuclear arms race … and to nuclear disarmament . (5) Bipartisan United States global leadership has curbed the growth in the number of countries possessing nuclear weapons and has slowed overall vertical proliferation among countries already possessing nuclear weapons, as is highlighted by a more than 85-percent reduction in the United States nuclear weapons stockpile from its Cold War height of 31,255 in 1967. (6) The United States testing of nuclear weapons is no longer necessary as a result of the following major technical developments since the Senate’s consideration of the Comprehensive Nuclear-Test-Ban Treaty (commonly referred to as the CTBT ) in 1999: (A) The verification architecture of the Comprehensive Nuclear Test-Ban-Treaty Organization (commonly referred to as the CTBTO )— (i) has made significant advancements, as seen through its network of 300 International Monitoring Stations and its International Data Centre, which together provide for the near instantaneous detection of nuclear explosives tests, including all 6 such tests conducted by North Korea between 2006 and 2017; and (ii) is operational 24 hours a day, 7 days a week. (B) Since the United States signed the CTBT, confidence has grown in the science-based Stockpile Stewardship and Management Plan of the Department of Energy, which forms the basis of annual certifications to the President regarding the continual safety, security, and effectiveness of the United States nuclear deterrent in the absence of nuclear testing, leading former Secretary of Energy Ernest Moniz to remark in 2015 that lab directors today now state that they certainly understand much more about how nuclear weapons work than during the period of nuclear testing . (7) Despite the progress made to reduce the number and role of, and risks posed by, nuclear weapons, and to halt the Cold War-era nuclear arms race, tensions between countries that possess nuclear weapons are on the rise, key nuclear risk reduction treaties are under threat, significant stockpiles of weapons-usable fissile material remain, and a qualitative global nuclear arms race is now underway with each of the countries that possess nuclear weapons spending tens of billions of dollars each year to maintain and improve their arsenals. (8) The Russian Federation is pursuing the development of destabilizing types of nuclear weapons that are not presently covered under any existing arms control treaty or agreement and the People's Republic of China, India, Pakistan, and North Korea have each taken concerning steps to diversify their more modest sized, but nonetheless very deadly, nuclear arsenals. (9) Former President Donald J. Trump's 2018 Nuclear Posture Review called for the development of two new nuclear weapons capabilities, which have the effect of lowering the threshold for nuclear weapons use: (A) A low-yield warhead on a submarine-launched ballistic missile, which was deployed before the date of the enactment of this Act. (B) A sea-launched cruise missile, still under development on the date of the enactment of this Act. (10) On February 3, 2021, President Joseph R. Biden preserved binding and verifiable limits on the deployed and non-deployed strategic forces of the largest two nuclear weapons powers through the five-year extension of the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed April 8, 2010, and entered into force February 5, 2011 (commonly referred to as the New START Treaty ). (11) In 2013, the report on a nuclear weapons employment strategy of the United States submitted under section 492 of title 10, United States Code, determined that it is possible to ensure the security of the United States and allies and partners of the United States and maintain a strong and credible strategic deterrent while safely pursuing up to a 1/3 reduction in deployed nuclear weapons from the level established in the New START Treaty. (12) On January 12, 2017, then-Vice President Biden stated, [G]iven our non-nuclear capabilities and the nature of today’s threats—it’s hard to envision a plausible scenario in which the first use of nuclear weapons by the United States would be necessary. Or make sense. . (13) In light of moves by the United States and other countries to increase their reliance on nuclear weapons, a global nuclear freeze would seek to halt the new nuclear arms race by seeking conclusion of a comprehensive and verifiable freeze on the testing, deployment, and production of nuclear weapons and delivery vehicles for such weapons. 3. Statement of policy The following is the policy of the United States: (1) The United States should build upon its decades long, bipartisan efforts to reduce the number and salience of nuclear weapons by leading international negotiations on specific arms-reduction measures as part of a 21st century global nuclear freeze movement. (2) Building on the successful extension of the New START Treaty, the United States should engage with all other countries that possess nuclear weapons to seek to negotiate and conclude future multilateral arms control, disarmament, and risk reduction agreements, which should contain some or all of the following provisions: (A) An agreement by the United States and the Russian Federation on a follow-on treaty or agreement to the New START Treaty that may lower the central limits of the Treaty and cover new kinds of strategic delivery vehicles or non-strategic nuclear weapons. (B) An agreement on a verifiable freeze on the testing, production, and further deployment of all nuclear weapons and delivery vehicles for such weapons. (C) An agreement that establishes a verifiable numerical ceiling on the deployed shorter-range and intermediate-range and strategic delivery systems (as defined by the INF Treaty and the New START Treaty, respectively) and the nuclear warheads associated with such systems belonging to the P5, and to the extent possible, all countries that possess nuclear weapons, at August 2, 2019, levels. (D) An agreement by each country to adopt a policy of no first use of nuclear weapons or provide transparency into its nuclear declaratory policy. (E) An agreement on a proactive United Nations Security Council resolution that expands access by the International Atomic Energy Agency to any country found by the Board of Governors of that Agency to be noncompliant with its obligations under the NPT. (F) An agreement to refrain from configuring nuclear forces in a launch on warning or launch under warning nuclear posture, which may prompt a nuclear armed country to launch a ballistic missile attack in response to detection by an early-warning satellite or sensor of a suspected incoming ballistic missile. (G) An agreement not to target or interfere in the nuclear command, control, and communications (commonly referred to as NC3 ) infrastructure of another country through a kinetic attack or a cyberattack. (H) An agreement on transparency measures or verifiable limits, or both, on hypersonic cruise missiles and glide vehicles that are fired from sea-based, ground, and air platforms. (I) An agreement to provide a baseline and continuous exchanges detailing the aggregate number of active nuclear weapons and associated systems possessed by each country. (3) The United States should rejuvenate efforts in the United Nations Conference on Disarmament toward the negotiation of a verifiable Fissile Material Treaty or Fissile Material Cutoff Treaty, or move negotiations to another international body or fora, such as a meeting of the P5. Successful conclusion of such a treaty would verifiably prevent any country’s production of highly enriched uranium and plutonium for use in nuclear weapons. (4) The United States should convene a series of head-of-state level summits on nuclear disarmament modeled on the Nuclear Security Summits process, which saw the elimination of the equivalent of 3,000 nuclear weapons. (5) The President should seek ratification by the Senate of the CTBT and mobilize all countries covered by Annex 2 of the CTBT to pursue similar action to hasten entry into force of the CTBT. The entry into force of the CTBT, for which ratification by the United States will provide critical momentum, will activate the CTBT’s onsite inspection provision to investigate allegations that any country that is a party to the CTBT has conducted a nuclear test of any yield. (6) The President should make the accession of North Korea to the CTBT a component of any final agreement in fulfilling the pledges the Government of North Korea made in Singapore, as North Korea is reportedly the only country to have conducted a nuclear explosive test since 1998. (7) The United States should— (A) refrain from developing any new designs for nuclear warheads or bombs, but especially designs that could add a level of technical uncertainty into the United States stockpile and thus renew calls to resume nuclear explosive testing in order to test that new design; and (B) seek reciprocal commitments from other countries that possess nuclear weapons. 4. Prohibition on use of funds for nuclear test explosions (a) In general None of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter, or authorized to be appropriated or otherwise made available for any fiscal year before fiscal year 2022 and available for obligation as of the date of the enactment of this Act, may be obligated or expended to conduct or make preparations for any explosive nuclear weapons test that produces any yield until such time as— (1) the President submits to Congress an addendum to the report required by section 4205 of the Atomic Energy Defense Act ( 50 U.S.C. 2525 ) that details any change to the condition of the United States nuclear weapons stockpile from the report submitted under that section in the preceding year; and (2) there is enacted into law a joint resolution of Congress that approves the test. (b) Rule of construction Subsection (a) does not limit nuclear stockpile stewardship activities that are consistent with the zero-yield standard and other requirements under law. | https://www.govinfo.gov/content/pkg/BILLS-117s2019is/xml/BILLS-117s2019is.xml |
117-s-2020 | II 117th CONGRESS 1st Session S. 2020 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide student loan deferment for victims of terrorist attacks.
1. Short title This Act may be cited as the Terrorism Survivors Student Loan Deferment Act . 2. Student loan deferment for victims of terrorist attacks (a) Terms of federally insured student loans Section 427(a)(2)(C) of the Higher Education Act of 1965 ( 20 U.S.C. 1077(a)(2)(C) ) is amended— (1) in clause (iii), by striking or after the semicolon; (2) in clause (iv), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (v) not in excess of 1 year due to the borrower being a victim of a terrorist attack; . (b) FFEL program Section 428(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1078(b) ) is amended— (1) in paragraph (1)(M)— (A) in clause (iv), by striking or after the semicolon; (B) in clause (v), by inserting or after the semicolon; and (C) by adding at the end the following: (vi) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (10); ; and (2) by adding at the end the following: (10) Deferment for victims of terrorist attacks For purposes of deferment under paragraph (1)(M)(vi), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack. . (c) Direct loans Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) is amended— (1) in subsection (e)(7)(B)(i), by inserting or due to the borrower being a victim of a terrorist attack after section 435(o) ; and (2) in subsection (f)— (A) in paragraph (2)— (i) in subparagraph (C), by striking clause (i) or (ii); or and inserting clause (i) or (ii); ; (ii) in subparagraph (D), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (E) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (6). ; and (B) by adding at the end the following: (6) Deferment for victims of terrorist attacks For purposes of deferment under paragraph (2)(E), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack. . (d) Federal Perkins loans Section 464(c)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1087dd(c)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (v), by striking or after the semicolon; (B) in clause (vi), by inserting or after the semicolon; and (C) by inserting after clause (vi) the following: (vii) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in subparagraph (D); ; and (2) by adding at the end the following: (D) For purposes of deferment under subparagraph (A)(vii), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack. . (e) Designating victims of terrorist attacks The head of the Federal agency that is handling the investigation of a terrorist attack, or has handled the investigation of a terrorist attack, shall designate the individuals who are victims of such terrorist attack. (f) Anti-Fraud protections The Secretary of Education shall establish anti-fraud protections in carrying out the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2020is/xml/BILLS-117s2020is.xml |
117-s-2021 | II 117th CONGRESS 1st Session S. 2021 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Rubio 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 establish a methodology for determining State allotments for Medicaid disproportionate share hospital payments that is based on State poverty levels, to require States to prioritize disproportionate share hospital payments on the basis of Medicaid inpatient utilization and low-income utilization rates, and for other purposes.
1. Short title This Act may be cited as the State Accountability, Flexibility, and Equity for Hospitals Act of 2021 or the SAFE Hospitals Act of 2021 . 2. Determination of State DSH allotments based on State poverty levels Section 1923(f) of the Social Security Act ( 42 U.S.C. 1396r–4(f) ) is amended— (1) in paragraph (3)— (A) in the paragraph heading, by striking year 2003 and thereafter and inserting years 2003 through 2023 ; (B) in subparagraph (A)— (i) by striking , (7), and (8) and inserting and (7) ; and (ii) by inserting through fiscal year 2023 after each succeeding fiscal year ; (C) in subparagraph (C)(ii), by inserting through fiscal year 2023 after each succeeding fiscal year ; and (D) in subparagraph (E)(i)(III), by inserting or paragraph (7), as applicable, after this paragraph ; (2) in paragraph (4)(C), by inserting or paragraph (7), as applicable, after paragraph (3) ; (3) in paragraph (5)(B)— (A) in the subparagraph heading, by striking and subsequent fiscal years and inserting through fiscal year 2023 ; and (B) in clause (iii), by inserting through fiscal year 2023 after any subsequent fiscal year ; (4) in paragraph (6)— (A) in clause (vi) of subparagraph (A)— (i) in the clause heading, by striking 2025 and inserting 2023 ; and (ii) by striking fiscal year 2025 and inserting fiscal year 2023 ; and (B) in clause (iii) of subparagraph (B)— (i) in the clause heading, by inserting through fiscal year 2023 after succeeding fiscal years ; and (ii) in subclause (II)— (I) in the subclause heading, by inserting through fiscal year 2023 after succeeding fiscal years ; and (II) by inserting through fiscal year 2023 after each fiscal year thereafter ; (5) by striking paragraphs (7) and (8) and inserting the following: (7) State DSH allotments for fiscal years after fiscal year 2023 (A) In general Subject to subparagraphs (B), (C), and (D), beginning with fiscal year 2024, the DSH allotment for a State and fiscal year shall be the amount equal to the product of— (i) the State poverty ratio (as determined under subparagraph (E)(ii)) for the State and fiscal year; and (ii) the DSH allotment cap (as determined under subparagraph (E)(i)) for the fiscal year. (B) Phase-in of poverty-based formula (i) In general During the period of fiscal years described in clause (ii), the Secretary shall phase in the application of the determination of DSH allotments under subparagraph (A) in a manner that ensures that— (I) in no case is the DSH allotment for a State for a fiscal year during such period less than 90 percent of the DSH allotment for the State for the previous fiscal year (without regard to whether the State used the full amount of the DSH allotment for the previous fiscal year); and (II) the total amount of DSH allotments made to all States for any fiscal year during such period does not exceed the DSH allotment cap determined for the fiscal year under subparagraph (E)(i). (ii) Phase-in period The period of fiscal years described in this clause is the period that begins with fiscal year 2024 and ends with— (I) fiscal year 2033; or (II) at the Secretary's discretion, any of fiscal years 2034 through 2038. (iii) Development of methodology The Secretary shall promulgate final regulations that establish the methodology for determining State DSH allotments under clause (i) not later than January 1, 2023. (C) State allotment flexibility option (i) In general A State may elect to increase or reduce the amount of the DSH allotment for the State and a fiscal year (as otherwise determined under this paragraph) for the purpose of providing certainty or more consistent DSH funding in subsequent fiscal years in accordance with this subparagraph. (ii) State option to reserve allotment amounts For any fiscal year after fiscal year 2023, a State may request that the DSH allotment for the State and fiscal year (as otherwise determined under this paragraph) be reduced by an amount that shall not exceed 10 percent of the amount of the allotment as so determined. (iii) State option to increase DSH allotment from allotment reserve For any fiscal year after fiscal year 2024, a State may request that the DSH allotment for the State and fiscal year (as otherwise determined under this paragraph) be increased by an amount that shall not exceed the DSH reserve amount for the State and fiscal year. (iv) DSH reserve amount (I) In general Subject to subclause (II), the DSH reserve amount for a State and fiscal year shall be equal to the sum of the amounts, if any, of any reductions to the State's DSH allotment (as otherwise determined under this paragraph) made in each of the preceding 5 fiscal years pursuant to a request under clause (ii). (II) Subtraction of increases from DSH reserve amount The amount of any increase to a State's DSH allotment for a fiscal year made pursuant to a request under clause (iii) shall be subtracted from the State's DSH reserve amount for such year and shall not be available to the State in subsequent fiscal years. (III) Rule of application In the case of an increase to a State's DSH allotment for a fiscal year that is less than the State's DSH reserve amount for such year, the Secretary shall apply subclause (II) in a manner that maximizes the DSH reserve amount that will remain available to the State in subsequent fiscal years. (v) Disregard of adjustments Any increase or reduction under this subparagraph to the DSH allotment of a State for a fiscal year shall be disregarded when otherwise determining State DSH allotments under this paragraph. (D) Treatment of waivers (i) In general Subject to clause (ii), with respect to a State and a fiscal year, if the State has in effect on the date of enactment of the SAFE Hospitals Act of 2021 a statewide waiver of requirements of this title under section 1115 or other law and any part of the fiscal year occurs during the period of the waiver (as approved as of such date), the DSH allotment determined under this paragraph for such State and fiscal year shall not be less than the DSH allotment that would have been determined for such State and fiscal year under this section as in effect on the day before the date of enactment of the SAFE Hospitals Act of 2021 , reduced, in the case of each of fiscal years 2024 through 2027, by the amount of the State's share of the reductions which would have been applicable for the fiscal year under paragraph (7) of this subsection (as so in effect), as estimated by the Secretary. (ii) Total allotments not to exceed DSH allotment cap The Secretary shall apply this subparagraph in such a manner that the total amount of DSH allotments determined for all States for a fiscal year under this paragraph does not exceed DSH allotment cap determined for the fiscal year under subparagraph (E)(i). (iii) Nonapplication Clause (i) shall not apply— (I) with respect to a State that has in effect a waiver described in such clause if the State elects, through a revision of such waiver, that such clause will not apply; or (II) with respect to any part of a fiscal year that occurs after the expiration (determined without regard to any extension approved after the date of the enactment of the State Accountability, Flexibility, and Equity for Hospitals Act of 2021 ) of such a waiver. (iv) No effect on waiver authority Nothing in this subsection shall be construed as preventing the Secretary from approving a waiver under section 1115 or other law with respect to requirements under this title related to a State's use of its DSH allotment for a fiscal year. (E) Definitions In this paragraph: (i) DSH allotment cap The term DSH allotment cap means, with respect to a fiscal year, the amount equal to the total amount of the DSH allotments that would have been determined for all States for the fiscal year under this section as in effect on the day before the date of enactment of the SAFE Hospitals Act of 2021 , reduced, in the case of fiscal years 2024 through 2027, by the aggregate amount of the reductions which would have been applicable for the fiscal year under paragraph (7) of this subsection (as so in effect). (ii) State poverty ratio The term State poverty ratio means, with respect to a State and fiscal year, the ratio of— (I) the number of individuals in the State in the most recent fiscal year for which census data are available whose income (as determined under section 1902(e)(14) (relating to modified adjusted gross income) and without regard to whether an individual's income eligibility for medical assistance is determined under such section) was less than 100 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved; to (II) the number of individuals in all States in the most recent fiscal year for which census data are available whose income (as so determined) was less than 100 percent of the poverty line (as so defined) applicable to the family of the size involved. ; and (6) by redesignating paragraph (9) as paragraph (8). 3. Prioritizing disproportionate share hospital payments based on Medicaid inpatient utilization and low-income utilization rates (a) In general Section 1923 of the Social Security Act ( 42 U.S.C. 1396r–4 ) is amended— (1) in subsection (a)(2)(D), by inserting (which, as of October 1, 2023, shall meet the requirements of subsection (k)) after methodology ; (2) in subsection (c), by striking and (g) and inserting , (g), and, beginning on October 1, 2021, (k) ; (3) in subsection (d)(2)(A)— (A) in clause (i), by striking ; or and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following new clause: (iii) that is an institution for mental diseases. ; and (4) by adding at the end the following new subsection: (k) State methodology requirements (1) In general Subject to paragraph (4), a State methodology for identifying and making payments to disproportionate share hospitals meets the requirements of this subsection if— (A) the methodology is uniformly applied statewide; (B) the methodology identifies each hospital in the State that is described in a disproportionate share hospital tier (as defined in paragraph (2)); and (C) in making payments to disproportionate share hospitals, the methodology meets the requirements of paragraph (3). (2) Disproportionate share hospital tiers The term disproportionate share hospital tier means each of the following: (A) Tier 1 hospitals A category of hospitals (referred to in this section as tier 1 hospitals ) in which each hospital satisfies— (i) each of the criteria described in clause (ii) of subparagraph (B); and (ii) one or more of the following criteria: (I) The hospital has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not less than 2 standard deviations above the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State. (II) The hospital has a low-income utilization rate (as defined in subsection (b)(3)) of not less than 40 percent. (III) More than 70 percent of the inpatient days for which payments are received by the hospital are paid for under the Medicare program under title XVIII, the Medicaid program under this title, or the Children's Health Insurance Program under title XXI. (B) Tier 2 hospitals A category of hospitals (referred to in this section as tier 2 hospitals ) in which each hospital— (i) is not described in the previous subparagraph; and (ii) satisfies one or more of the following criteria: (I) The hospital has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not less than 1.5 standard deviations above the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State. (II) The hospital has a low-income utilization rate (as defined in subsection (b)(3)) of not less than 35 percent. (III) The hospital has the largest number of inpatient days attributable to individuals entitled to benefits under the State plan of any hospital in such State for the previous State fiscal year. (C) Tier 3 hospitals A category of hospitals (referred to in this section as tier 3 hospitals ) in which each hospital— (i) is not described in a previous subparagraph; and (ii) satisfies one or more of the following criteria: (I) The hospital has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not less than the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State. (II) The hospital has a low-income utilization rate (as defined in subsection (b)(3)) of not less than 25 percent. (D) Tier 4 hospitals A category of hospitals (referred to in this section as tier 4 hospitals ) in which each hospital— (i) is not described in a previous subparagraph; and (ii) satisfies the requirement described in subsection (d)(3). (3) Payment methodology requirements (A) Prioritization of hospitals In making disproportionate share hospital payments, a State methodology shall prioritize hospitals in the following order: (i) Tier 1 hospitals shall receive the highest priority. (ii) Tier 2 hospitals shall receive the second-highest priority. (iii) Tier 3 hospitals shall receive the third-highest priority. (iv) Tier 4 hospitals shall receive the fourth-highest priority. (B) Factors The methodology specifies the factors that will be considered in determining the amount of a disproportionate share hospital payment to be made to a hospital, which may include— (i) the hospital's net operating margins (including past net operating margins); (ii) past disproportionate share hospital payments to the hospital; (iii) whether the hospital was affected by a major disaster (as declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act) in the 12 months prior to the payment; and (iv) other relevant factors, as determined by the State (subject to the approval of the Secretary). (C) Consideration of financial circumstances of high tier hospitals (i) In general The State shall certify that the State methodology adequately considers the unique financial circumstances of tier 1 hospitals and tier 2 hospitals, and takes necessary steps to mitigate net operating losses by such hospitals. (ii) Guidance (I) In general Not later than 18 months after the date of enactment of the SAFE Hospitals Act of 2021 , the Secretary shall issue guidance to States outlining methods that States may use to satisfy the requirement of this subparagraph. (II) State alternatives Subject to the approval of the Secretary, a State may develop an alternative method for satisfying the requirement of this subparagraph. (D) Treatment of IMDs and CAHs The State shall specify how the methodology prioritizes institutions for mental diseases and critical access hospitals (as defined in section 1861(mm)(1)), but in no case shall institutions for mental diseases or critical access hospitals receive a higher priority than tier 1 hospitals. (E) State authority to reclassify hospitals Subject to the approval of the Secretary, for purposes of prioritizing disproportionate share payments under a State methodology under this subsection, a State may treat up to 15 percent of all disproportionate share hospitals in the State, excluding institutions for mental diseases, as belonging to a different disproportionate share hospital tier than the tier in which the hospitals are described under paragraph (2). (F) Rule of construction Nothing in this subsection shall be construed as requiring a State to apply a uniform payment methodology to all hospitals within a disproportionate share hospital tier. (4) Methodology for States with fewer than 15 disproportionate share hospitals (A) In general In the case of a State that has fewer than 15 disproportionate share hospitals, the State shall use the methodology for identifying and making payments to disproportionate share hospitals that is developed by the Secretary under subparagraph (B). (B) Development of methodology Not later than 18 months after the date of enactment of the SAFE Hospitals Act of 2021 , the Secretary shall develop a methodology for identifying and making payments to disproportionate share hospitals for States that have fewer than 15 disproportionate share hospitals that prioritizes DSH payments to hospitals with disproportionately high volumes of Medicaid patients and low-income patients. (5) No effect on waiver authority Nothing in this subsection shall be construed as preventing the Secretary from approving a waiver under section 1115 or other law with respect to requirements under this subsection related to the methodology used by States to identify and make payments to disproportionate share hospitals. . (b) Modification of cap on individual DSH payments (1) In general Subparagraph (A)(i) of section 1923(g)(1) of the Social Security Act ( 42 U.S.C. 1396r–4(g)(1) ), as amended by section 203(a) of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), is amended by inserting (including any costs incurred by the hospital during the year that are associated with subsidizing a physician or a clinic or other health center that is owned and operated by, controlled by, or in common control with the hospital for the purpose of providing care to such individuals) after individuals described in subparagraph (B) . (2) Conforming amendment Section 1923(g)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1396r–4(g)(2) ), as amended by section 203(a) of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), is amended by inserting (except that, for purposes of this clause, such paragraph as in effect on such date shall be applied by inserting , including any costs incurred by the hospital during the year that are associated with subsidizing a physician or a clinic or other health center that is owned and operated by, controlled by, or in common control with the hospital for the purpose of providing care to such individuals at the end of the first sentence) before the period. (3) Effective date The amendments made by this subsection shall take effect on October 1, 2021. (c) Modification of DSH qualification requirements (1) In general Section 1923(d)(3) of the Social Security Act ( 42 U.S.C. 1396r–4(d)(3) ) is amended by striking unless the hospital and all that follows through the period and inserting the following: “unless the hospital— (A) has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not more than 1 standard deviation below the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State; (B) has a low-income utilization rate (as defined in subsection (b)(3)) that is not less than 10 percent; or (C) is a critical access hospital (as defined in section 1861(mm)(1)). . (2) Effective date The amendments made by this subsection shall take effect on October 1, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s2021is/xml/BILLS-117s2021is.xml |
117-s-2022 | II 117th CONGRESS 1st Session S. 2022 IN THE SENATE OF THE UNITED STATES June 10, 2021 Ms. Collins (for herself, Mr. Kelly , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To enable States to better provide access to whole genome sequencing clinical services for certain undiagnosed children under the Medicaid program, and for other purposes.
1. Short title This Act may be cited as the Ending the Diagnostic Odyssey Act of 2021 . 2. State option to provide whole genome sequencing clinical services for certain children Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by inserting after section 1947 the following new section: 1948. State option to provide whole genome sequencing clinical services for certain children (a) In general Notwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and any other provision of this title which the Secretary determines is necessary to waive in order to implement this section, beginning January 1, 2022, a State, at its option as a State plan amendment, may provide for medical assistance under this title to an eligible individual for purposes of providing the individual with whole genome sequencing clinical services. (b) Payments (1) In general A State shall provide a health care provider (as defined by the State) with payments for the provision of whole genome sequencing clinical services to any eligible individual. Payments made to a health care provider for such services shall be treated as medical assistance for purposes of section 1903(a), except that, during the first 12 fiscal year quarters that the State plan amendment is in effect, the Federal medical assistance percentage applicable to such payments shall be equal to 75 percent. (2) Methodology The State shall specify in the State plan amendment the methodology the State will use for determining payment for the provision of whole genome sequencing clinical services. Such methodology for determining payment shall be established consistent with section 1902(a)(30)(A). (3) Planning grants (A) In general Beginning January 1, 2022, the Secretary may award planning grants to States for purposes of developing a State plan amendment under this section. A planning grant awarded to a State under this paragraph shall remain available until expended. (B) State contribution A State awarded a planning grant shall contribute an amount equal to the State percentage determined under section 1905(b) for each fiscal year for which the grant is awarded. (c) Hospital referrals A State shall include in the State plan amendment a requirement for any hospital that is a participating provider under the State plan (or a waiver of such plan) to establish procedures for referring any eligible individual who seeks or needs treatment in a hospital emergency department to a health care provider who is qualified (as determined by the State) to provide whole genome sequencing clinical services. (d) Reports by States Not later than 3 years after the date on which a State plan amendment under this section is approved, the State shall submit a report to the Administrator of the Centers for Medicare & Medicaid Services and the Administrator of the Health Resources and Services Administration on— (1) the extent to which whole genome sequencing clinical services reduce health disparities; and (2) the extent to which coverage under the State plan (or a waiver of such plan) impedes the use of genetic and genomic testing that may improve clinical outcomes for eligible individuals enrolled in the State plan (or under a waiver of such plan). (e) Reports by health care providers Each State that provides medical assistance for whole genome sequencing clinical services under this section shall require that, as a condition for receiving payment for whole genome sequencing clinical services provided to an eligible individual, a health care provider shall report to the State, in accordance with such requirements as the Secretary shall specify, on all applicable measures for determining the quality of such services. (f) Definitions In this section: (1) Eligible individual The term eligible individual means an individual— (A) who is eligible for medical assistance under the State plan (or a waiver of such plan); (B) who is under the age of 21 (or, at the option of the State, under the age of 20, 19, or 18 as the State may choose), or in the case of an individual described in section 1902(a)(10)(A)(i)(IX), under the age of 26; and (C) who— (i) has been referred or admitted to an intensive care unit, or has been seen by at least 1 medical specialist, for a suspected genetic or undiagnosed disease; or (ii) is suspected by at least 1 medical specialist to have a neonatal- or pediatric-onset genetic disease. (2) Whole genome sequencing clinical services The term whole genome sequencing clinical services , with respect to an eligible individual— (A) means the unbiased sequencing of all deoxyribonucleic acid bases in the genome of such individual and, if for the sole benefit of the individual, a biological parent of such individual for the purpose of determining whether one or more potentially disease-causing genetic variants are present in the genome of such individual or such biological parent; and (B) includes any analysis, interpretation, and data report derived from such sequencing. . | https://www.govinfo.gov/content/pkg/BILLS-117s2022is/xml/BILLS-117s2022is.xml |
117-s-2023 | II 117th CONGRESS 1st Session S. 2023 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mrs. Gillibrand (for herself, Mr. Merkley , Mr. Sanders , Mr. Booker , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide loan forgiveness for certain borrowers of Department of Agriculture direct farm loans, and for other purposes.
1. Short title This Act may be cited as the Relief for America's Small Farmers Act . 2. Direct farm loan forgiveness (a) Definitions In this section: (1) Eligible borrower The term eligible borrower means a borrower of an eligible loan that is actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 )) with respect to a farming operation— (A) for which the eligible loan was made; and (B) the average annual adjusted gross income for the previous 5-year period of which is not more than $300,000. (2) Eligible loan The term eligible loan means a loan made before March 19, 2020, that is— (A) a direct farm ownership loan under subtitle A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1922 et seq. ); (B) a direct operating loan under subtitle B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1941 et seq. ); or (C) an emergency loan under subtitle C of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961 et seq. ). (3) Secretary The term Secretary means the Secretary of Agriculture. (b) Loan forgiveness (1) In general Not later than 1 year after the date on which the Secretary receives an application under paragraph (2), subject to paragraphs (3) and (4), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the date of enactment of this Act on an eligible loan for the eligible borrower. (2) Applications To be eligible for cancellation under paragraph (1), not later than 1 year after the date of enactment of this Act, an eligible borrower shall submit to the Secretary an application, which shall cover all eligible loans for which the eligible borrower is seeking cancellation. (3) Limitations The total amount cancelled under paragraph (1) with respect to a farming operation shall be not more than $250,000. (4) Condition The cancellation of an obligation under paragraph (1) shall be subject to the condition that the applicable eligible borrower shall continue to be actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 )) for the 2-year period beginning on the date on which the Secretary cancels the obligation under that paragraph. (c) Effect An eligible borrower that receives cancellation of an obligation with respect to an eligible loan under subsection (b)(1) shall not be determined to be ineligible for any loan under subtitle A, B, or C of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1922 et seq. ) because of that cancellation. (d) Taxability For purposes of the Internal Revenue Code of 1986, any amount which (but for this subsection) would be includible in gross income of the eligible borrower by reason of forgiveness described in subsection (b) shall be excluded from gross income. (e) Emergency funding (1) In general Out of amounts in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $10,000,000,000 to provide loan forgiveness under subsection (b), to remain available until expended. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to provide loan forgiveness under subsection (b) the amount transferred under paragraph (1), without further appropriation. (3) Emergency designation (A) In general The amounts provided by this subsection are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (B) Designation in Senate In the Senate, this subsection is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. | https://www.govinfo.gov/content/pkg/BILLS-117s2023is/xml/BILLS-117s2023is.xml |
117-s-2024 | II 117th CONGRESS 1st Session S. 2024 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Thune (for himself, Mr. Blumenthal , Mr. Moran , Mrs. Blackburn , Mr. Warner , and Mr. Schatz ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require that internet platforms give users the option to engage with a platform without being manipulated by algorithms driven by user-specific data.
1. Short title This Act may be cited as the Filter Bubble Transparency Act . 2. Definitions In this Act: (1) Algorithmic ranking system The term algorithmic ranking system means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used to determine the order or manner that a set of information is provided to a user on a covered internet platform, including the ranking of search results, the provision of content recommendations, the display of social media posts, or any other method of automated content selection. (2) Commission The term Commission means the Federal Trade Commission. (3) Connected device The term connected device means a physical object that— (A) is capable of connecting to the internet, either directly or indirectly through a network, to communicate information at the direction of an individual; and (B) has computer processing capabilities for collecting, sending, receiving, or analyzing data. (4) Covered internet platform (A) In general The term covered internet platform means any public-facing website, internet application, or mobile application, including a social network site, video sharing service, search engine, or content aggregation service. (B) Exclusions Such term shall not include a platform that— (i) is wholly owned, controlled, and operated by a person that— (I) for the most recent 6-month period, did not employ more than 500 employees; (II) for the most recent 3-year period, averaged less than $50,000,000 in annual gross receipts; and (III) collects or processes on an annual basis the personal data of less than 1,000,000 individuals; or (ii) is operated for the sole purpose of conducting research that is not made for profit either directly or indirectly. (5) Input-transparent algorithm (A) In general The term input-transparent algorithm means an algorithmic ranking system that does not use the user-specific data of a user to determine the order or manner that information is furnished to such user on a covered internet platform, unless the user-specific data is expressly provided to the platform by the user for such purpose. (B) Inclusion of age-appropriate content filters Such term shall include an algorithmic ranking system that uses user-specific data to determine whether a user is old enough to access age-restricted content on a covered internet platform, provided that the system otherwise meets the requirements of subparagraph (A). (C) Data provided for express purpose of interaction with platform For purposes of subparagraph (A), user-specific data that is provided by a user for the express purpose of determining the order or manner that information is furnished to a user on a covered internet platform— (i) shall include user-supplied search terms, filters, speech patterns (if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the user interacts with the platform), saved preferences, and the user's current geographical location; (ii) shall include data supplied to the platform by the user that expresses the user's desire that information be furnished to them, such as the social media profiles the user follows, the video channels the user subscribes to, or other sources of content on the platform the user follows; (iii) shall not include the history of the user's connected device, including the user's history of web searches and browsing, geographical locations, physical activity, device interaction, and financial transactions; and (iv) shall not include inferences about the user or the user's connected device, without regard to whether such inferences are based on data described in clause (i). (6) Opaque algorithm (A) In general The term opaque algorithm means an algorithmic ranking system that determines the order or manner that information is furnished to a user on a covered internet platform based, in whole or part, on user-specific data that was not expressly provided by the user to the platform for such purpose. (B) Exception for age-appropriate content filters Such term shall not include an algorithmic ranking system used by a covered internet platform if— (i) the only user-specific data (including inferences about the user) that the system uses is information relating to the age of the user; and (ii) such information is only used to restrict a user's access to content on the basis that the individual is not old enough to access such content. (7) Search syndication contract; upstream provider; downstream provider (A) Search syndication contract The term search syndication contract means a contract or subcontract for the sale, license, or other right to access an index of web pages on the internet for the purpose of operating an internet search engine. (B) Upstream provider The term upstream provider means, with respect to a search syndication contract, the person that grants access to an index of web pages on the internet to a downstream provider under the contract. (C) Downstream provider The term downstream provider means, with respect to a search syndication contract, the person that receives access to an index of web pages on the internet from an upstream provider under such contract. (8) User-specific data The term user-specific data means information relating to an individual or a specific connected device that would not necessarily be true of every individual or device. 3. Requirement to allow users to see unmanipulated content on internet platforms (a) In general Beginning on the date that is 1 year after the date of enactment of this Act, it shall be unlawful— (1) for any person to operate a covered internet platform that uses an opaque algorithm unless the person complies with the requirements of subsection (b); or (2) for any upstream provider to grant access to an index of web pages on the internet under a search syndication contract that does not comply with the requirements of subsection (c). (b) Opaque algorithm requirements (1) In general The requirements of this subsection with respect to a person that operates a covered internet platform that uses an opaque algorithm are the following: (A) The person provides notice to users of the platform that the platform uses an opaque algorithm that makes inferences based on user-specific data to select the content the user sees. Such notice shall be presented in a clear, conspicuous manner on the platform whenever the user interacts with an opaque algorithm for the first time, and may be a one-time notice that can be dismissed by the user. (B) The person makes available a version of the platform that uses an input-transparent algorithm and enables users to easily switch between the version of the platform that uses an opaque algorithm and the version of the platform that uses the input-transparent algorithm by selecting a prominently placed icon, which shall be displayed wherever the user interacts with an opaque algorithm. (2) Nonapplication to certain downstream providers Paragraph (1) shall not apply with respect to an internet search engine if— (A) the search engine is operated by a downstream provider with fewer than 1,000 employees; and (B) the search engine uses an index of web pages on the internet to which such provider received access under a search syndication contract. (c) Search syndication contract requirement The requirements of this subsection with respect to a search syndication contract are that— (1) as part of the contract, the upstream provider makes available to the downstream provider the same input-transparent algorithm used by the upstream provider for purposes of complying with subsection (b)(1)(B); and (2) the upstream provider does not impose any additional costs, degraded quality, reduced speed, or other constraint on the functioning of such algorithm when used by the downstream provider to operate an internet search engine relative to the performance of such algorithm when used by the upstream provider to operate an internet search engine. 4. Enforcement by Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of this Act by an operator of a covered internet platform 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) ). (b) Powers of commission (1) In general Except as provided in paragraph (3), the Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities Except as provided in paragraph (3), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Common carriers and nonprofit organizations Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in paragraphs (1) and (2) of this paragraph, with respect to— (A) common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and Acts amendatory thereof and supplementary thereto; and (B) organizations not organized to carry on business for their own profit or that of their members. (4) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. | https://www.govinfo.gov/content/pkg/BILLS-117s2024is/xml/BILLS-117s2024is.xml |
117-s-2025 | II 117th CONGRESS 1st Session S. 2025 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Cornyn (for himself, Ms. Sinema , Mrs. Hyde-Smith , and Mr. Carper ) 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 improve access to innovative new medical devices furnished to individuals with end stage renal disease under part B of the Medicare program by establishing a new device add-on payment adjustment under such part.
1. Short title This Act may be cited as the Patient Access to ESRD New Innovative Devices Act . 2. Findings Congress finds the following: (1) There are approximately 400,000 Medicare beneficiaries with end-stage renal disease, making up 1 percent of the Medicare population but accounting for approximately 7 percent of all Medicare spending. (2) Expected remaining lifetime for dialysis patients under 80 years old is one-third as long as their counterparts without ESRD, and for dialysis patients over 80 years old, it is one-half as long as that of their counterparts without ESRD. (3) On average, hemodialysis patients are hospitalized nearly twice per year and about 30 percent have an unplanned rehospitalization within the 30 days following discharge, contributing to high costs for treating ESRD Medicare beneficiaries. (4) There is a lack of innovative new devices for ESRD Medicare beneficiaries, in part because of the lack of reimbursement incentives for novel devices. 3. Increasing patient access to innovative devices for the treatment of ESRD The Secretary of Health and Human Services shall provide, and may implement by program instruction or otherwise— (1) a 3-year temporary add-on payment adjustment under section 1881(b)(14) of the Social Security Act (42 U.S. 1395rr(b)(14)) for a new medical device approved by the Food and Drug Administration under section 513(f)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360c ) on or after January 1, 2020, that is furnished to a beneficiary for the diagnosis, treatment, or management of end stage renal disease; and (2) for such adjustment to be implemented in a nonbudget neutral manner under such section 1881(b)(14). | https://www.govinfo.gov/content/pkg/BILLS-117s2025is/xml/BILLS-117s2025is.xml |
117-s-2026 | II 117th CONGRESS 1st Session S. 2026 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Portman (for himself and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize appropriations for the Global Engagement Center of the Department of State.
1. Authorization of appropriations for Global Engagement Center There is authorized to be appropriated $150,000,000 for fiscal year 2022 for the Global Engagement Center of the Department of State to counter foreign state and non-state sponsored propaganda and disinformation. | https://www.govinfo.gov/content/pkg/BILLS-117s2026is/xml/BILLS-117s2026is.xml |
117-s-2027 | II 117th CONGRESS 1st Session S. 2027 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Menendez (for himself, Mrs. Gillibrand , Mr. Van Hollen , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the programs and activities of the National Institutes of Health with respect to Tourette syndrome.
1. Short title This Act may be cited as the Collaborative Academic Research Efforts for Tourette Syndrome Act of 2021 or the CARE for Tourette Syndrome Act of 2021 . 2. Programs of the National Institutes of Health relating to Tourette syndrome Part B of title IV of the Public Health Service Act is amended by inserting after section 409J ( 42 U.S.C. 284q ) the following: 409K. Expansion, intensification, and coordination of activities with respect to Tourette syndrome (a) In general The Secretary, acting through the Director of NIH, shall expand, intensify, and coordinate the programs and activities of the National Institutes of Health with respect to scientific and clinical research on Tourette syndrome. (b) Data collection (1) System In carrying out subsection (a), the Secretary shall develop a system to collect data on Tourette syndrome, including epidemiologic information with respect to the incidence, prevalence, and impact of Tourette syndrome in the United States. (2) Broad and narrow definitions The data collection system under paragraph (1) shall provide for the collection of primary data on Tourette syndrome, including related data on the various conditions known to be comorbid with Tourette syndrome. (3) Collection by population and geographical region The data collection system under paragraph (1) shall provide for the collection of data on the availability of medical and social services for individuals with Tourette syndrome and their families and the disaggregation of such data by population and geographical region. (c) Collaborative Research Centers for Tourette Syndrome (1) In general In carrying out subsection (a), the Secretary shall award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for Collaborative Research Centers for Tourette Syndrome. (2) Research Each center under paragraph (1) shall conduct basic and clinical research into Tourette syndrome. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of Tourette syndrome. The research conducted by such centers, as a group, shall include research in the fields of developmental neurobiology, neuroscience, genetics, psychology, and pharmacology. (3) Services for patients (A) In general A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. (B) Referral and costs A program under subparagraph (A) may, in accordance with such criteria as the Secretary may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. (C) Availability and access The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Secretary in decisions about awarding grants and contracts to applicants which meet the scientific criteria for funding under this subsection. (4) Organization of Collaborative Research Centers for Tourette Syndrome (A) In general A center under paragraph (1) may— (i) use the facilities of a single institution; or (ii) be formed from a consortium of cooperating institutions and patient advocacy groups in order to maximize the scope of the center’s services and geographic coverage. (B) Eligibility requirements To be eligible to make facilities so available (as described in subparagraph (A)(i)) or participate in such a consortium (as described in subparagraph (A)(ii)), an institution or group shall meet such requirements as the Secretary may prescribe. (5) Number of centers; duration of support (A) In general Subject to the availability of appropriations, the Secretary shall provide for the establishment of not fewer than 4 and not more than 6 centers under paragraph (1). (B) Geographical distribution The Secretary shall— (i) ensure that each of the centers established under paragraph (1) is located in a different region of the United States than the other such centers; and (ii) encourage the formation of such centers from a consortium of entities (as described in paragraph (4)(A)(ii)) covering multiple regions or States. (C) Duration Support for a center established under paragraph (1) may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed and approved by an appropriate technical and scientific peer review group established by the Secretary and if such group has recommended to the Secretary that such period should be extended. (d) Research on symptomology and treatment In carrying out subsection (a), the Secretary shall award grants on a competitive, peer-reviewed basis for research on— (1) the full range of symptomology within the Tourette syndrome clinical spectrum; and (2) the efficacy of treatment options for particular patient subpopulations. (e) Funding Of the amounts made available to carry out the programs and activities of the National Institutes of Health for a fiscal year, the Secretary shall designate a portion of such amounts for carrying out the programs and activities of the National Institutes of Health with respect to Tourette syndrome. . | https://www.govinfo.gov/content/pkg/BILLS-117s2027is/xml/BILLS-117s2027is.xml |
117-s-2028 | II 117th CONGRESS 1st Session S. 2028 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Van Hollen (for himself, Mr. Brown , Ms. Klobuchar , and Mr. Merkley ) 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 impose a surtax on high income individuals.
1. Short title This Act may be cited as the Millionaires Surtax Act . 2. Surcharge on high income individuals (a) In general Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VIII Surcharge on high income individuals Sec. 59B. Surcharge on high income individuals. 59B. Surcharge on high income individuals (a) General rule In the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 10 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $2,000,000. (b) Taxpayers not making a joint return In the case of any taxpayer other than a taxpayer making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), subsection (a) shall be applied by substituting $1,000,000 for $2,000,000 . (c) Modified adjusted gross income For purposes of this section, the term modified adjusted gross income means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)). In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e). (d) Special rules (1) Nonresident alien In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. (2) Citizens and residents living abroad The dollar amount in effect under subsection (a) (after the application of subsection (b)) shall be decreased by the excess of— (A) the amounts excluded from the taxpayer’s gross income under section 911, over (B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). (3) Charitable trusts Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). (4) Not treated as tax imposed by this chapter for certain purposes The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. . (b) Clerical amendment The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part VIII—Surcharge on high income individuals . (c) Section 15 not To apply The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) 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-117s2028is/xml/BILLS-117s2028is.xml |
117-s-2029 | II 117th CONGRESS 1st Session S. 2029 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Murphy (for himself, Mr. Van Hollen , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the use of corporal punishment in schools, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Protecting our Students in Schools Act of 2021 . (b) Table of contents The table of contents for this Act are as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Title I—Prohibition of Corporal Punishment Sec. 101. Prohibition of corporal punishment. Sec. 102. Civil actions by the Attorney General. Sec. 103. Enforcement by the Office for Civil Rights. Sec. 104. Parent notification and protection and advocacy systems. Title II—State Activities and Grant Program Sec. 201. State plan and enforcement. Sec. 202. Grant authority. Title III—Additional Provisions Sec. 301. Federal regulations. Sec. 302. Other schools. Sec. 303. Limitation of authority. Sec. 304. Applicability to private schools and home schools. Sec. 305. Severability. Sec. 306. Authorization of appropriations. 2. Purposes The purposes of this Act are to— (1) eliminate the use of corporal punishment in schools; (2) ensure, regardless of sexual orientation, gender identity or expression, sex, race, color, national origin, disability, or religion, the health and safety of all students and program personnel in schools and promote a positive school climate and culture; (3) assist States, local educational agencies, and schools in improving school climate and culture by implementing positive behavioral interventions and supports, and other models (including models such as restorative justice interventions, trauma-informed care, multi-tiered system of supports, crisis and de-escalation interventions, implicit bias training, and culturally responsive teaching), to address student behavior and work to eliminate the use of exclusionary and aversive discipline practices or interventions; (4) ensure all program personnel have the supports and training necessary to implement positive behavioral interventions and supports and other models to address student behavior and improve school climate and culture; and (5) collect and analyze data on exclusionary and aversive discipline practices or interventions in schools. 3. Definitions In this Act: (1) Corporal punishment The term corporal punishment means, with respect to a student, a deliberate act which causes the student to feel physical pain for the purpose of discipline, including an act of physical force, such as striking, spanking, or paddling, inflicted on a student’s body, requiring a student to assume a painful physical position, or the use of chemical sprays, electroshock weapons, or stun guns on a student’s body. (2) ESEA terms The terms elementary school , evidence-based , local educational agency , outlying area , parent , secondary school , Secretary , 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) Exclusionary discipline The term exclusionary discipline means any type of disciplinary action that removes or excludes a student from the student’s usual educational setting, or from access to education services, including such disciplinary actions as in-school suspensions, out-of-school suspensions, expulsions, or any other removal, however labeled, that results in lost instructional time for the student. (4) Model The term model means an activity, strategy, framework, or intervention that is evidence-based, to the extent practicable. (5) 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. (6) 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. ). (7) 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. (8) 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 ). (9) 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). (10) 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. (11) Student The term student means an individual enrolled in a program. I Prohibition of Corporal Punishment 101. Prohibition of corporal punishment (a) Prohibition No student shall be subjected to corporal punishment by program personnel, a law enforcement officer, or a school security guard under any program which receives Federal financial assistance. (b) Private right of action A student who has been subjected to corporal punishment by program personnel, a law enforcement officer, or a school security guard in violation of subsection (a), or the parent of such student, may file a civil action in any Federal or State court of competent jurisdiction against the program under which the violation is alleged to have occurred for attorneys’ fees, expert fees, injunctive relief, and compensatory damages. 102. Civil actions by the Attorney General Whenever the Attorney General receives a complaint in writing signed by a parent (including a legal guardian) or a group of parents (including legal guardians) to the effect that the minor children of such a parent or parents are being deprived by a program of the right under this Act to not be subject to corporal punishment by program personnel, law enforcement officers, or school security guards and the Attorney General believes the complaint is meritorious, the Attorney General is authorized, after giving notice of such complaint to the appropriate program and after certifying that the Attorney General is satisfied that such program has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder. 103. Enforcement by the Office for Civil Rights (a) Referral to Office for Civil Rights The Secretary shall refer any complaint alleging a violation of section 101(a) to the Office for Civil Rights of the Department of Education for an investigation. (b) Process for referral Not later than 90 days after the date of the enactment of this Act, the Secretary shall develop and implement a procedure for receiving a complaint alleging a violation of section 101(a). (c) Failure To comply In the event that a program has failed to comply with section 101(a), the Secretary shall carry out at least one of the following: (1) Withhold from such program, in whole or in part, further payments (including payments for administrative costs) under an applicable program (as such term is defined in section 400(c) of the General Education Provisions Act ( 20 U.S.C. 1221(c) )) in accordance with section 455 of such Act ( 20 U.S.C. 1234d ). (2) Enter into a compliance agreement in accordance with section 457 of the General Education Provisions Act ( 20 U.S.C. 1234f ). (3) Issue a complaint to compel compliance of such program through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act ( 20 U.S.C. 1234c ). (d) Cessation of withholding of funds If the Secretary determines (whether by certification or other appropriate evidence) that a program that is subject to the withholding of payments under subsection (c)(1) of this section has cured the failure providing the basis for the withholding of payments on a date that is within one year from the date on which such payments were first withheld, the Secretary shall— (1) cease the withholding of payments with respect to that program under such subsection; and (2) reimburse all the withheld payments under such subsection to such program. (e) Withheld funds The funds appropriated or made available for the payments that were withheld under subsection (c)(1) shall be available for expenditure to that program pursuant to this subsection for up to one year from the date upon which the determination in subsection (d) was made. (f) Rule of construction Nothing in this section shall be construed to limit the Secretary’s authority under the General Education Provisions Act ( 20 U.S.C. 1221 et seq. ). 104. Parent notification and protection and advocacy systems (a) Notification If a student is subject to corporal punishment committed by program personnel, a law enforcement officer, or a school security guard at a program, the program serving such student shall notify, in writing, not later than 24 hours after such use of force occurs, the facts of such use of force to— (1) the parent or parents of such student; (2) the State educational agency; and (3) the local law enforcement agency. (b) Notification for students with disabilities In the case of a student described in subsection (a) who is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )) the program serving such student shall— (1) in addition to the notification described in such subsection, notify, in writing, not later than 24 hours after the use of force described in such subsection occurs, the facts of such use of force to the relevant protection and advocacy system; and (2) provide any information to the relevant protection and advocacy system that the protection and advocacy system may require. (c) 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 under this Act when such students are otherwise eligible to be clients of the protection and advocacy system, including investigating, monitoring, and enforcing such protections. II State Activities and Grant Program 201. State plan and enforcement (a) State requirements In accordance with the schedule specified in subsection (c), each State educational agency that receives Federal financial assistance shall provide to the Secretary— (1) in the case of a State that did not prohibit corporal punishment in schools before the date of enactment of this Act, a written assurance that— (A) all programs located in such State have been notified of the requirements of this Act; (B) all program personnel of such State educational agency have received training with respect to such requirements; (C) parents of students served by such State educational agency have been notified of the requirements, rights, and remedies available under this Act; and (D) the notification required under subparagraph (C) is publicly available on the website of the State educational agency; (2) in the case of a State that prohibited corporal punishment in schools before the date of enactment of this Act, a written assurance that all programs located in such State have been notified of the requirements of this Act; and (3) a school climate report that includes a description of— (A) the policies and procedures of the State educational agency with respect to exclusionary and aversive discipline practices or interventions in such schools; (B) how the State educational agency plans to implement, is implementing, or has implemented positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions in the public elementary and secondary schools of such State as required under section 1111(g)(1)(C) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(g)(1)(C) ); and (C) efforts of the State educational agency to ensure program personnel receive the supports and training necessary to implement the interventions, supports, and other models described in subparagraph (B). (b) Local educational agency requirements In accordance with the schedule specified in subsection (c), each local educational agency shall submit to the State educational agency a report that includes the information the State educational agency determines necessary to comply with the requirements of subsection (a). (c) Submission schedule States and local educational agencies shall make the submissions required under subsections (a) and (b) as follows: (1) The initial submissions shall be made not later than one year after the date of enactment of this Act and on an annual basis during each of the 3 years following the year of the first submission. (2) After the expiration of the 3-year period described in paragraph (1), subsequent submissions shall be made not less frequently than once every two years. (d) Report For each year in which the Secretary receives submissions from States in accordance with the schedule specified in subsection (c), the Secretary shall— (1) 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 a report summarizing the findings of the school climate reports received from States for such year; and (2) make the school climate reports publicly available. (e) Enforcement (1) In general (A) Use of remedies If a State educational agency fails to comply with subsection (a), the Secretary shall carry out at least one of the following: (i) Withhold, in whole or in part, further payments under an applicable program (as such term is defined in section 400(c) of the General Education Provisions Act ( 20 U.S.C. 1221(c) )) in accordance with section 455 of such Act ( 20 U.S.C. 1234d ). (ii) Enter into a compliance agreement in accordance with section 457 of the General Education Provisions Act ( 20 U.S.C. 1234f ). (iii) Issue a complaint to compel compliance of the State educational agency through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act ( 20 U.S.C. 1234e ). (B) Cessation of withholding of funds If the Secretary determines (whether by certification or other appropriate evidence) that a State educational agency that is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments within one year from the date on which such payments were first withheld, the Secretary shall— (i) cease the withholding of payments with respect to the State educational agency under such subparagraph; and (ii) reimburse all the withheld payments under such subparagraph to such State educational agency. (2) Withheld funds The funds appropriated or made available for the payments that were withheld under paragraph (1)(A)(i) shall be available for expenditure to that program pursuant to this paragraph for up to one year from the date upon which the determination in paragraph (1)(B) was made. (3) Rule of construction Nothing in this subsection shall be construed to limit the Secretary’s authority under the General Education Provisions Act ( 20 U.S.C. 1221 et seq. ). 202. Grant authority (a) In general From the amount appropriated under section 306, the Secretary may award grants to State educational agencies to improve school climate and culture by implementing positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions in public elementary schools and secondary schools. (b) Duration of grant (1) In general A grant under this section shall be awarded to a State educational agency for a three-year period. (2) Reapplication At the end of a grant period described in paragraph (1), a State educational agency desiring a subsequent grant under this section may be eligible for such grant if such State educational agency— (A) submits an application under subsection (c); and (B) demonstrates— (i) that such State educational agency effectively used grant funds to carry out the required activities under subsection (e) during the previous grant period; and (ii) with respect to such State educational agency, a decrease in at least one of the following: (I) Exclusionary and aversive discipline practices or interventions, including in-school suspensions, out-of-school suspensions, and expulsions. (II) School-related arrests. (III) Referrals of students to law enforcement. (3) Data A State educational agency shall, with respect to the data used under paragraph (2)(B)(ii)— (A) cross-tabulate such data and disaggregate by race, gender, disability, and English learner status; and (B) redact all personally identifiable information from such data. (c) Application (1) In general Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including— (A) information on how the State educational agency will carry out the required activities specified in subsection (e); (B) a description of how the State educational agency will improve school climate and culture by reducing the use of exclusionary and aversive discipline practices or interventions; (C) a description of how the State educational agency will implement positive behavioral interventions and supports, and other models (including models such as restorative justice interventions, trauma-informed care, multi-tiered systems of support, crisis and de-escalation interventions, implicit bias training, and culturally responsive teaching), to address student behavior and work to eliminate the use of exclusionary and aversive discipline practices or interventions; and (D) a description of how the State educational agency will develop and implement high-quality training for program personnel designed to improve school climate and culture and increase the use of positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions. (2) Priority In awarding grants under this section, the Secretary shall give priority to State educational agencies— (A) with a high percentage of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, and referrals of students to law enforcement; (B) that lack positive behavioral interventions and supports and other models to improve school climate and culture; or (C) that are in most need of assistance relating to improving school climate and culture by reducing the use of exclusionary and aversive discipline practices or interventions, as determined by the Secretary. (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, on a competitive basis in accordance with subsection (e)(2), to local educational agencies. (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, including the information described in subparagraphs (A) through (D) of subsection (c)(1) with respect to the local educational agency. (e) Required activities (1) In general 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: (A) Developing and implementing high-quality training for program personnel designed to— (i) improve school climate and culture; (ii) increase use of positive behavioral interventions and supports and other models to address student behavior; and (iii) reduce the use of exclusionary and aversive discipline practices or interventions and the discriminatory and disproportionate impact such practices have on students based on their race, ethnicity, gender, or disability. (B) Providing technical assistance to improve school climate and culture by implementing positive behavioral interventions and supports, and other models (including models such as restorative justice interventions, trauma-informed care, multi-tiered systems of support, crisis and de-escalation interventions, implicit bias training, and culturally responsive teaching), to address student behavior and work to eliminate the use of exclusionary and aversive discipline practices or interventions. (C) Researching, developing, implementing, and evaluating models, policies, and procedures to reduce the use of exclusionary and aversive discipline practices or interventions in public elementary schools and secondary schools. (2) Priority A State educational agency or local educational agency shall prioritize carrying out the activities specified in subparagraphs (A) through (C) of paragraph (1) in public elementary schools and secondary schools— (A) in which a disproportionately high percentage of students who have been subjected to disciplinary proceedings or have otherwise experienced the application of such a school’s discipline policies, practices, and procedures, relative to such school’s total student population, are students of color or students with disabilities (as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )); (B) with a high percentage of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, and referrals of students to law enforcement; (C) that lack positive behavioral interventions and supports and other models to improve school climate and culture; or (D) that have demonstrated meaningful community engagement in selecting models to improve school climate and culture. (f) Evaluation and report (1) Local educational agency reports Each local educational agency receiving a subgrant under this section shall, at the end of the grant period for such subgrant, prepare and submit to the State educational agency a report that— (A) evaluates the progress of the local educational agency toward carrying out the required activities under subsection (e); and (B) includes any additional information the State educational agency determines necessary to complete the report required under paragraph (2). (2) State educational agency reports Each State educational agency receiving a grant under this section shall, at the end of the three-year grant period for such grant, prepare and submit to the Secretary a report that— (A) evaluates the State’s progress toward carrying out the required activities under subsection (e); (B) includes data on the impact of the grant program on school climate and culture during such grant period, including, with respect to the State educational agency, data on the prevalence of, and increase or decrease in— (i) exclusionary and aversive discipline practices or interventions, including in-school suspensions, out-of-school suspensions, and expulsions; (ii) school-related arrests; and (iii) student referrals to law enforcement; (C) includes the number of high-quality school climate and culture trainings conducted for program personnel during such grant period; (D) describes the models implemented to improve school climate and culture during such grant period; (E) specifies the number of subgrants made under subsection (d) and the local educational agencies that were awarded such subgrants; and (F) includes such information as the Secretary may require. (3) Data A State educational agency shall, with respect to the data described in paragraph (2)(B)— (A) cross-tabulate and disaggregate the data in the same manner as under subsection (b)(3)(A); and (B) redact all personally identifiable information from such data. (4) Publication Not later than one year after receiving a report under paragraph (2), the Secretary shall make the report publicly available on the website of the Department of Education. (g) Funds available for the Department of the Interior From the amount appropriated under section 306, the Secretary shall allocate— (1) 0.5 percent of such funds to the Secretary of the Interior for activities under this section with respect to schools operated or funded by the Department of the Interior, under such terms and conditions as the Secretary may prescribe; and (2) 0.5 percent of such funds for activities under this section with respect to schools operated in the outlying areas, under such terms and conditions as the Secretary may prescribe. III Additional Provisions 301. Federal regulations (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue such regulations as are necessary to reasonably ensure compliance with this Act. (b) Negotiated rulemaking process In carrying out subsection (a), the Secretary shall use a negotiated rulemaking process described in section 1601 and section 1602 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6571 ; 6572) except subparagraph (A) of subsection (b)(3) of such section 1601 shall apply by substituting establish a negotiated rulemaking process; for the text of such subparagraph. 302. Other schools (a) Department of Defense The Secretary of Defense shall 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 comply with the regulations promulgated by the Secretary pursuant to this Act. (b) Department of Interior The Secretary of the Interior shall ensure that schools operated or funded by the Department of the Interior comply with the regulations promulgated by the Secretary pursuant to this Act. 303. Limitation of authority (a) In general Nothing in this Act shall be construed— (1) to restrict or limit, or allow the Secretary to restrict or limit, any other rights or remedies otherwise available to students or parents under Federal, State, or local law or regulation; or (2) to restrict or limit Federal, State, or local laws, regulations, or polices that provide for more stringent prohibitions or limitations on the use of corporal punishment than the prohibitions or limitations that are provided for in this Act. (b) Law enforcement officer duties Nothing in this Act shall be construed to prevent a sworn law enforcement officer from carrying out the lawful duties of the officer under otherwise applicable law. (c) Rule of construction on enforcement Nothing in this Act shall be construed to affect the enforcement of title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or the Department of Education Organization Act ( 20 U.S.C. 3401 et seq. ) and their enforcing regulations. 304. 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. 305. Severability If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remaining provisions of this Act and the application of such provisions to any person or circumstance shall not be affected thereby. 306. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2021 and each fiscal year thereafter. | https://www.govinfo.gov/content/pkg/BILLS-117s2029is/xml/BILLS-117s2029is.xml |
117-s-2030 | II 117th CONGRESS 1st Session S. 2030 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Johnson (for himself, Mr. Risch , Mr. Barrasso , Mr. Cruz , Mr. Rubio , Mr. Braun , Mr. Cotton , Mr. Crapo , Mr. Hoeven , Mrs. Hyde-Smith , Mr. Lee , Ms. Lummis , Mr. Moran , Mr. Sasse , Mr. Sullivan , Mr. Scott of Florida , Mr. Tillis , Mr. Young , Mr. Boozman , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To declare that any agreement reached by the President relating to the nuclear program of Iran is deemed a treaty that is subject to the advice and consent of the Senate, and for other purposes.
1. Short title This Act may be cited as the Iran Nuclear Treaty Act . 2. Agreements related to nuclear program of Iran deemed treaties subject to advice and consent of the Senate (a) Treaty subject to advice and consent of the Senate Notwithstanding any other provision of law, any agreement reached by the President with Iran relating to the nuclear program of Iran is deemed to be a treaty that is subject to the requirements of article II, section 2, clause 2 of the Constitution of the United States requiring that the treaty is subject to the advice and consent of the Senate, with two-thirds of Senators concurring. (b) Limitation on sanctions relief Notwithstanding any other provision of law, the President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions under any other provision of law or refrain from applying any such sanctions pursuant to an agreement related to the nuclear program of Iran that includes the United States, commits the United States to take action, or pursuant to which the United States commits or otherwise agrees to take action, regardless of the form it takes, whether a political commitment or otherwise, and regardless of whether it is legally binding or not, including any joint comprehensive plan of action entered into or made between Iran and any other parties, and any additional materials related thereto, including annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings, and any related agreements, whether entered into or implemented prior to the agreement or to be entered into or implemented in the future, unless the agreement is subject to the advice and consent of the Senate as a treaty and receives the concurrence of two-thirds of Senators. | https://www.govinfo.gov/content/pkg/BILLS-117s2030is/xml/BILLS-117s2030is.xml |
117-s-2031 | II 117th CONGRESS 1st Session S. 2031 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To preserve access to lawful content and prevent discrimination and unfair methods of competition on the internet, and for other purposes.
1. Short title This Act may be cited as the Promoting Rights and Online Speech Protections to Ensure Every Consumer is Heard Act or the PRO-SPEECH Act . 2. Preserving access to lawful content (a) In general Subject to subsection (b), an internet platform may not engage in a practice that does any of the following: (1) Blocks or otherwise prevents a user or entity from accessing any lawful content, application, service, or device that does not interfere with the internet platform’s functionality or pose a data privacy or data security risk to a user. (2) Degrades or impairs the access of a user or entity to lawful internet traffic on the basis of content, application, service, or use of a device that does not interfere with the internet platform’s functionality or pose a data privacy or data security risk to a user. (b) Exceptions (1) Small internet platforms The prohibitions under subsection (a) shall not apply to a small internet platform unless— (A) the Commission determines that the benefits of expanding the application of such prohibitions to 1 or more small internet platforms outweigh the costs; and (B) the Director of the Office of Management and Budget approves such cost-benefit analysis and publishes such approval in the Federal Register. (2) Publishers of content, applications, and services The prohibitions under subsection (a) shall not apply to the extent that an internet platform publicly proclaims to be a publisher, insofar as the internet platform is acting as a publisher, of any particular content, application, or service. 3. Nondiscrimination An internet platform may not take any action against a user or entity based on racial, sexual, religious, political affiliation, or ethnic grounds. 4. Prohibitions on unfair methods of competition (a) In general An internet platform may not engage in an unfair method of competition against any other internet platform (as determined by the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. )). (b) Presumed unfair methods of competition For purposes of subsection (a), the following actions shall be presumed to be an unfair method of competition: (1) Blocking or prohibiting use Any action taken by a large internet platform that wholly blocks or prohibits an internet platform that competes with the large internet platform (or any affiliate of the large internet platform) from making use of the large internet platform. (2) Unreasonable discrimination Any action taken by a large internet platform that unreasonably discriminates against an internet platform that competes with the large internet platform (or any affiliate of the large internet platform). (c) Determination of unfair methods of competition The Commission may determine that an action taken by a large internet platform is presumed to be an unfair method of competition if— (1) the Commission establishes that— (A) such action by a large internet platform— (i) is anti-competitive and likely to reduce competition, reduce quality of service, or decrease innovation; and (ii) is not likely to be remedied without government intervention; and (B) the benefits of such a determination outweigh the costs; and (2) the Director of the Office of Management and Budget approves such cost-benefit analysis and publishes such approval in the Federal Register. 5. Transparency (a) Required disclosures (1) In general Subject to subsection (b), an internet platform shall disclose, on a publicly available and easily accessible website, accurate information regarding the platform management practices, performance characteristics, and commercial terms of service of its app store, cloud computing service, operating system, search engine, or social media network sufficient to enable a reasonable user to make an informed choice regarding the purchase or use of such service and to develop, market, and maintain a product or service on the internet platform. (2) Required information The information to be disclosed pursuant to paragraph (1) shall include the following: (A) Platform management practices Information regarding the platform management practices of an internet platform shall include the following: (i) General practices A description of any content management or data management practices. (ii) App store, operating system, search engine, or social media network With respect to an app store, operating system, search engine, or social media network, a description of any practice— (I) regarding how the internet platform— (aa) curates and targets content to users; (bb) promotes content, services, or products, including its own content, services, or products; (cc) moderates content; or (dd) determines whether to demonetize a user’s use of the internet platform by any means; or (II) that directly or indirectly favors certain data or content over other data or content, including through use of techniques such as content placement or prioritization— (aa) to benefit an affiliate; or (bb) in exchange for consideration, monetary or otherwise. (iii) Cloud computing service With respect to a cloud computing service, a description of any practice— (I) regarding congestion management, application-specific behavior, device attachment, or data privacy and data security; or (II) that determines whether— (aa) any content, application, or service is lawful; and (bb) a device interferes with the cloud computing service’s functionality or poses an unreasonable data privacy or data security risk to a user. (iv) Publishers (I) Internet platforms With respect to an internet platform that publicly proclaims to be a publisher, a description of any practice that blocks or otherwise prevents a user or entity from accessing any lawful content, application, service, or device that does not interfere with the internet platform’s functionality or pose a risk of data privacy or data security to a user. (II) Affiliates With respect to an internet platform that publicly proclaims to be a publisher and is an affiliate of a cloud computing service or operating system, a description of any practice that degrades or impairs a user or entity's access to lawful internet traffic on the basis of content, application, service, or use of a device that does not interfere with the internet platform's functionality or pose a risk to the data privacy or data security of a user. (B) Performance characteristics Information regarding the performance characteristics of an internet platform shall include the following: (i) General characteristics A general description of the service, including the service technology. (ii) Cloud computing service With respect to a cloud computing service, a description of— (I) the expected and actual access speed and latency; and (II) the capability of the service to support real-time applications. (iii) Service with required approval With respect to an app store, cloud computing service, or operating system that requires approval before allowing an application to use the internet platform— (I) the average time for a developer to receive such approval after initial submission; and (II) the timeline for the internet platform to resolve complaints and the outcome of any such resolution. (C) Commercial terms Information regarding the commercial terms of an internet platform shall include a description of the fee disclosures, privacy practices, and redress options for users, including the following: (i) Usage-based fees With respect to a cloud computing service, any usage-based fees or fees for early termination or additional network services. (ii) Approval fees With respect to an app store, cloud computing service, or operating system that requires approval before allowing an application to use the internet platform, any fees charged to those seeking such approval. (iii) Third-party fees With respect to an app store, cloud computing service, or operating system, any fees charged to or by third parties associated with a user’s decision to purchase an application or other content that uses such internet platform. (iv) Prioritization fees With respect to an app store, operating system, search engine, or social media network, any fees charged for the placement or prioritization of any content or application. (v) Privacy practices A description of any data privacy practice that entails the inspection of user-generated content or other internet platform information and whether such content or information is stored, provided to third parties, or used for non-platform management purposes. (vi) Complaint resolution practices A description of any practice for resolving the complaint or question of a user. (b) Applicability to small internet platforms The requirements under subsection (a) shall not apply to a small internet platform unless— (1) the Commission determines that the benefits of expanding the application of such requirements to 1 or more small internet platforms outweigh the costs; and (2) the Director of the Office of Management and Budget approves such cost-benefit analysis and publishes such approval in the Federal Register. 6. Enforcement (a) Enforcement authority (1) Unfair and deceptive acts or practice A violation of section 2, 3, or 5 shall be treated as an unfair and deceptive act or practice proscribed under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ). (2) Unfair methods of competition Any person who violates section 4 shall be liable for engaging in an unfair method of competition under section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ). (b) Powers of the Commission (1) In general Notwithstanding any other provision of law, the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities Notwithstanding any other provision of law, any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (c) Complaints to the Commission (1) In general Any individual alleging a violation of this Act may submit to the Commission a complaint which briefly states the facts surrounding such violation. (2) Notice to internet platform Upon receiving a complaint described in paragraph (1), the Commission shall forward a statement of the complaint to the internet platform that is the subject of the alleged violation. (3) Requirement to address complaint Upon receiving a forwarded complaint under paragraph (2), the internet platform shall, within a reasonable time (as specified by the Commission), either— (A) make a reparation for any injury alleged to have been caused in the complaint filed under paragraph (1) and notify the Commission of such reparation; or (B) submit to the Commission a written response to the complaint. (4) Reparation If the internet platform makes a reparation under paragraph (3)(A) to the satisfaction of the Commission, the Commission shall relieve the internet platform of liability to the complainant for the particular violation of law thus complained of. (5) Investigation (A) In general If the internet platform does not make a sufficient reparation under paragraph (3)(A), or if there appears to be any reasonable ground for investigating such complaint, the Commission shall investigate the matters complained of in such manner and by such means as it shall deem proper. (B) Direct damage No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. (C) Investigation conclusion With respect to any investigation conducted pursuant to subparagraph (A), the Commission shall issue an order concluding such investigation not more than 5 months after the date on which the complaint was filed. 7. Relationship between Federal and State law No State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, requirement, or standard that conflicts with the requirements of this Act. 8. Definitions In this Act: (1) Affiliate The term affiliate means a person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. (2) App store The term app store means a digital distribution platform for computer applications that includes at least 1 application from a person unaffiliated with the operator of the digital distribution platform. (3) Cloud computing service The term cloud computing service means a service offering on-demand network access to a shared pool of configurable computing resources (such as any network, server, storage, application, or service) that generally can be provisioned with minimal management effort or service provider interaction. (4) Commission The term Commission means the Federal Trade Commission. (5) Internet platform The term internet platform means an entity that owns or operates, either directly or through an affiliate, an app store, a cloud computing service, an operating system, a search engine, or a social media network. (6) Large internet platform The term large internet platform means an internet platform with equal to or more than— (A) 100,000,000 global active users; or (B) $500,000,000 in annual revenues, including direct user fees, advertising revenues, or other revenues associated with an app store, a cloud computing service, an operating system, a search engine, or a social media network. (7) Operating system The term operating system means a computer program, implemented in either software or firmware, that acts as an intermediary between users of a computer and the computer hardware, providing an environment in which a user can execute, operate, or otherwise utilize an application. (8) Own The term own means to hold an equity interest (or the equivalent thereof) of more than 10 percent. (9) Search engine The term search engine means a technology that enables a user to initiate a search query for particular information using the internet and that is capable of returning at least 1 search result unaffiliated with the owner or operator of the search engine. (10) Small internet platform The term small internet platform means an internet platform that has— (A) fewer than 100,000,000 global active users; and (B) less than $500,000,000 in annual revenues, including direct user fees, advertising revenues, or other revenues associated with an app store, a cloud computing service, an operating system, a search engine, or a social media network. (11) Social media network (A) In general The term social media network means an internet-enabled network that hosts any information, comment, message, still image, or moving image posted by a user to facilitate interpersonal communication between or among users. (B) Exception Such term does not include electronic mail or an online service, application, or website for which the hosting of such information or other content is incidental to the provision of news, sports, entertainment, or other information not generated by users. | https://www.govinfo.gov/content/pkg/BILLS-117s2031is/xml/BILLS-117s2031is.xml |
117-s-2032 | II 117th CONGRESS 1st Session S. 2032 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mrs. Shaheen (for herself, Ms. Ernst , Mr. Wicker , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To extend and modify the Afghan Special Immigrant Visa Program, to postpone the medical exam for aliens who are otherwise eligible for such program, to provide special immigrant status for certain surviving spouses and children, and for other purposes.
1. Short title This Act may be cited as the Afghan Allies Protection Act of 2021 . 2. Sense of Congress It is the sense of Congress that— (1) section 1248(h) of the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 ; 8 U.S.C. 1157 note) requires the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense to designate senior coordinating officials, with sufficient expertise, authority, and resources, to carry out duties relating to the issuance of special immigrant visas under that Act and the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; U.S.C. 1101 note); (2) the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense should take all necessary steps to designate such senior coordinating officials; (3) all criteria relating to the requirements for special immigrant visa applicants under the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 ; 8 U.S.C. 1157 note) and the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note) should be implemented on the date of the enactment of this Act; (4) in the case of any individual with respect to whom the Chief of Mission has erroneously denied a request for approval to apply for a special immigrant visa under the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 ; 8 U.S.C. 1157 note) or the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note), the Chief of Mission should reopen such requests sua sponte, including for any individual who has— (A) not appealed; (B) submitted an appeal; or (C) had an appeal denied; and (5) appropriate steps should be taken to ensure that applications for such special immigrant visas continue to be processed fairly and expeditiously in the event of a reduction of in-country personnel. 3. Extension and modification of the Afghan Special Immigrant Visa Program Section 602(b) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) by amending clause (ii) to read as follows: (ii) was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year— (I) by, or on behalf of, the United States Government; or (II) by the International Security Assistance Force (or any successor name for such Force) in a capacity that required the alien, while traveling off-base with United States military personnel stationed at the International Security Assistance Force (or any successor name for such Force), to serve as an interpreter or translator for such United States military personnel; and ; (ii) in clause (iii), by striking ; and and inserting a period; and (iii) by striking clause (iv); (B) in subparagraph (D)(ii)(I)(bb)— (i) in the matter preceding subitem (AA), by inserting per denial or revocation after written appeal ; and (ii) in subitem (AA), by inserting or thereafter at the discretion of the Secretary of State after in writing ; (C) by striking subparagraph (E); and (D) by redesignating subparagraph (F) as subparagraph (E); (2) in paragraph (3)(F)— (A) in the subparagraph heading, by striking 2021 and inserting 2022 ; (B) in the matter preceding clause (i)— (i) by striking exhausted,, and inserting exhausted, ; and (ii) by striking 26,500 and inserting 46,500 ; (C) in clause (i), by striking December 31, 2022 and inserting December 31, 2023; ; and (D) in clause (ii), by striking December 31, 2022 and inserting December 31, 2023; ; (3) in paragraph (4)(A), by inserting , including Chief of Mission approval, after so that all steps ; and (4) in paragraph (13), in the matter preceding subparagraph (A), by striking January 31, 2023 and inserting January 31, 2024 . 4. Postponement of medical exam for Afghan allies who are eligible for special immigrant visas (a) Authorization The Secretary of State or the Secretary of Homeland Security may waive any requirement to undergo a medical exam under section 232 of the Immigration and Nationality ( 8 U.S.C. 1222 ), or any other applicable requirement to undergo a medical exam prior to admission to the United States, for aliens described in section 602(b)(2) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note). (b) Duration A waiver under subsection (a) shall be for a period of 1 year, which may be extended for additional 1-year periods. (c) Requirement for medical exam after admission (1) In general The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall ensure that an alien who does not undergo a medical exam prior to admission to the United States pursuant to this section receives such an exam not later than 90 days after the date on which the alien is admitted to the United States. (2) Report With respect to each such alien, not later than 1 year after the date on which the waiver authority under subsection (a) is exercised, and not later than the date that is 1 year after the date on which any extension under subsection (b) is granted, the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall submit to the appropriate committees of Congress a report on the medical exams undertaken by the alien under paragraph (1). (d) Notification With respect to each alien for whom the Secretary of State or the Secretary of Homeland Security exercises the waiver authority under subsection (a) or extends such a waiver under subsection (b), the Secretary of State or the Secretary of Homeland Security, as applicable, shall notify the appropriate committees of Congress as soon as practicable thereafter. (e) Appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security of the House of Representatives. 5. Special immigrant status for certain surviving spouses and children (a) Immigration and Nationality Act Section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) is amended— (1) by striking an immigrant who is an employee and inserting “an immigrant who— (i) is an employee ; and (2) by striking grant such status; and inserting “grant such status; or (ii) is the surviving spouse or child of an employee of the United States Government abroad: Provided , That the employee performed faithful service for a total of not less than 15 years or was killed in the line of duty; . (b) Afghan Allies Protection Act of 2009 Section 602(b)(2)(C) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (1) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and moving such items 2 ems to the right; (2) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (3) in the matter preceding subclause (I), as redesignated, by striking An alien is described and inserting the following: (I) In general An alien is described ; (4) in clause (i)(I), as redesignated, by striking who had a petition for classification approved and inserting who had submitted an application to the Chief of Mission ; and (5) by adding at the end the following: (II) Employment requirements An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in subparagraph (A) as of the date of the principal alien’s filing of an application for the first time, or if no application has been filed, the employment requirements as of the date of the principal alien’s death. . (c) Refugee Crisis in Iraq Act of 2007 Section 1244(b)(3) of the Refugee Crisis in Iraq Act of 2007 ( 8 U.S.C. 1157 note) is amended— (1) by striking described in subsection (b) and inserting in this subsection ; (2) in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (3) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (4) in the matter preceding clause (i), as redesignated, by striking An alien is described and inserting the following: (A) In general An alien is described ; (5) in subparagraph (A)(i), as redesignated, by striking who had a petition for classification approved and inserting who submitted an application to the Chief of Mission ; and (6) by adding at the end the following: (B) Employment requirements An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in paragraph (1) as of the date of the principal alien’s filing of an application for the first time, or if the principal alien did not file an application, the employment requirements as of the date of the principal alien’s death. . (d) Effective date The amendments made by this section shall be effective on June 30, 2021, and shall have retroactive effect. 6. Conversion of petitions for special immigrant status for certain Iraqis Section 2 of Public Law 110–242 ( 8 U.S.C. 1101 note) is amended by striking subsection (b) and inserting the following: (b) Duration The authority under subsection (a) shall expire on the date on which the numerical limitation specified under section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 8 U.S.C. 1157 note) is reached. . | https://www.govinfo.gov/content/pkg/BILLS-117s2032is/xml/BILLS-117s2032is.xml |
117-s-2033 | II 117th CONGRESS 1st Session S. 2033 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Portman (for himself and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To extend the authority of, and provide hiring authority for, the Global Engagement Center.
1. Extension of authority of and hiring authority for the Global Engagement Center (a) Extension Section 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note) is amended by striking the date that is 8 years after the date of the enactment of this Act and inserting December 31, 2027 . (b) Hiring authority for Global Engagement Center Notwithstanding any other provision of law, the Secretary of State, during the five-year period beginning on the date of the enactment of this Act and solely to carry out functions of the Global Engagement Center established by such section, may— (1) appoint employees without regard to the provisions of title 5, United States Code, regarding appointments in the competitive service; and (2) fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates. | https://www.govinfo.gov/content/pkg/BILLS-117s2033is/xml/BILLS-117s2033is.xml |
117-s-2034 | II 117th CONGRESS 1st Session S. 2034 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Rubio (for himself, Mr. Coons , Mr. Kennedy , and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to require that consumer reporting agencies and other credit reporting companies provide certain protections to small businesses, and for other purposes.
1. Short title This Act may be cited as the Small Business Credit Protection Act . 2. Data breaches (a) In general The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) by redesignating section 49 ( 15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 ( 15 U.S.C. 657u ) the following: 49. Data breaches (a) Definition In this section— (1) the term consumer report has the meaning given the term in section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ); and (2) the term credit reporting company — (A) has the meaning given the term consumer reporting agency in section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ); and (B) includes an entity that collects commercial credit data. (b) Requirements for reporting breaches (1) Applicable State law (A) In general Except as provided in paragraph (2), if nonpublic data of a small business concern that is collected or stored by a credit reporting company has been breached, the credit reporting company shall report the breach promptly and not later than as required under the law of the State in which the small business concern is located. (B) Locations in multiple States If a small business concern that is affected by a breach described in subparagraph (A) has locations in more than 1 State, for the purposes of that subparagraph, the law of the State that imposes the shortest period for the reporting of the breach shall apply. (2) Exception (A) In general If a small business concern that is affected by a breach described in paragraph (1)(A) is located in a State that does not have a law that imposes a set period for the reporting of the breach, the credit reporting company to which the requirement under that paragraph applies shall report the breach in the most expeditious manner practicable and without unreasonable delay. (B) Rule of construction regarding a law enforcement request For the purposes of subparagraph (A), a delay with respect to the reporting of a breach described in that subparagraph that is caused by a requirement to respond to a request submitted by a law enforcement agency shall be construed to be a reasonable delay. (c) Prohibition During the 180-day period beginning on the date on which a breach described in subsection (b)(1)(A) occurs, a credit reporting company may not charge a small business concern that is affected by that breach for providing the small business concern with the consumer report of the small business concern. (d) No preemption Nothing in this section shall preempt any State law with respect to credit reporting companies. . (b) GAO report (1) Definitions In this subsection— (A) the term credit reporting company — (i) has the meaning given the term consumer reporting agency in section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ); and (ii) includes an entity that collects commercial credit data; and (B) the term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (2) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding the economic harm incurred by small business concerns as a result of data breaches at credit reporting companies. | https://www.govinfo.gov/content/pkg/BILLS-117s2034is/xml/BILLS-117s2034is.xml |
117-s-2035 | II 117th CONGRESS 1st Session S. 2035 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Cotton (for himself, Mrs. Blackburn , Mr. Boozman , Ms. Lummis , Mr. Tillis , Mr. Tuberville , and Mr. McConnell ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit Federal funds from being made available to teach the 1619 Project curriculum in elementary schools and secondary schools, and for other purposes.
1. Short title This Act may be cited as the Saving American History Act of 2021 . 2. Findings Congress finds the following: (1) The true date of America’s founding is July 4, 1776, the day the Declaration of Independence was adopted by the Second Continental Congress. (2) The self-evident truths set forth by that Declaration are the fundamental principles upon which America was founded. (3) An activist movement is now gaining momentum to deny or obfuscate this history by claiming that America was not founded on the ideals of the Declaration but rather on slavery and oppression. (4) This distortion of American history is being taught to children in public school classrooms via the New York Times’ 1619 Project , which claims that nearly everything that has truly made America exceptional grew out of slavery . (5) The 1619 Project is a racially divisive and revisionist account of history that threatens the integrity of the Union by denying the true principles on which it was founded. (6) The Federal Government has a strong interest in promoting an accurate account of the Nation’s history through public schools and forming young people into knowledgeable and patriotic citizens. 3. Prohibition of Federal funding for schools to teach the 1619 Project curriculum (a) Definitions In this section: (1) ESEA The terms elementary school , local educational agency , and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Secretary The term Secretaries means the Secretary of Education, the Secretary of Agriculture, the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of the Interior. (b) Prohibition of use of federal funding for 1619 Project Notwithstanding any other provision of law, no Federal funds shall be used by any— (1) elementary school or secondary school to teach the 1619 Project initiative of the New York Times in such school; or (2) local educational agency to support the teaching of the 1619 Project initiative of the New York Times in the public schools served by such agency. (c) Determination of cost and reduction in federal funds (1) In general In the case of an elementary school or secondary school that receives Federal funds and teaches the 1619 Project initiative of the New York Times in such school or a local educational agency that supports the teaching of the 1619 Project initiative of the New York Times in the public schools served by such agency, the Secretaries shall determine the cost associated with teaching the 1619 Project, including in planning time and teaching time. (2) Reductions The Secretaries, based on coordinated prorated formulas established by the Secretaries, shall reduce Federal funds provided to an elementary school, secondary school, or local educational agency described in paragraph (1) in an amount equal to the cost amount determined under paragraph (1). (3) No reduction for certain funds In reducing Federal funds to an elementary school, secondary school, or local educational agency under paragraph (2), the Secretaries shall not reduce Federal funds for— (A) the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), or any other program for low-income students; or (B) students with disabilities. (d) Future funding The Secretaries shall promulgate regulations to ensure that Federal funds provided after the date of enactment of this Act to an elementary school, secondary school, or local educational agency comply with the requirements and restrictions provided under this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2035is/xml/BILLS-117s2035is.xml |
117-s-2036 | II 117th CONGRESS 1st Session S. 2036 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Tester (for himself, Mr. Grassley , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Packers and Stockyards Act, 1921, to establish the Office of the Special Investigator for Competition Matters, and for other purposes.
1. Short title This Act may be cited as the Meat Packing Special Investigator Act . 2. Office of the Special Investigator for Competition Matters The Packers and Stockyards Act, 1921, is amended by inserting after section 210 ( 7 U.S.C. 197c ) the following: 211. Office of the Special Investigator for Competition Matters (a) Establishment There is established within the Packers and Stockyards Division of the Department of Agriculture an office, to be known as the Office of the Special Investigator for Competition Matters (referred to in this section as the Office ). (b) Special investigator for competition matters The Office shall be headed by the Special Investigator for Competition Matters (referred to in this section as the Special Investigator ), who shall be appointed by the Secretary. (c) Duties The Special Investigator shall— (1) use all available tools, including subpoenas, to investigate and prosecute violations of this Act by packers; (2) serve as a Department of Agriculture liaison to, and act in consultation with, the Department of Justice and the Federal Trade Commission with respect to competition and trade practices in the food and agricultural sector; (3) act in consultation with the Department of Homeland Security with respect to national security and critical infrastructure security in the food and agricultural sector; and (4) maintain a staff of attorneys and other professionals with appropriate expertise. (d) Prosecutorial authority Notwithstanding title 28, United States Code, the Special Investigator shall have the authority to bring any civil or administrative action authorized under this Act against a packer. . | https://www.govinfo.gov/content/pkg/BILLS-117s2036is/xml/BILLS-117s2036is.xml |
117-s-2037 | II 117th CONGRESS 1st Session S. 2037 IN THE SENATE OF THE UNITED STATES June 10, 2021 Ms. Cortez Masto (for herself, Ms. Collins , Ms. Stabenow , Mr. Cassidy , Mr. Leahy , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII to strengthen ambulance services furnished under part B of the Medicare program.
1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Access to Ground Ambulance Medical Services 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—Protect Access to High Quality Ambulance Care Sec. 101. Protecting patient access to ground ambulance services. Title II—Protect Access to Ground Ambulance Services in Rural America Sec. 201. Protecting access to ambulance services in rural and low population density areas. I Protect Access to High Quality Ambulance Care 101. Protecting patient access to ground ambulance services Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) ) is amended— (1) in paragraph (12)(A), by striking 2023 and inserting 2028 ; and (2) in paragraph (13)(A), by striking 2023 each place it appears and inserting 2028 in each such place. II Protect Access to Ground Ambulance Services in Rural America 201. Protecting access to ambulance services in rural and low population density areas Section 1834(l)(12) of the Social Security Act ( 42 U.S.C. 1395m(l)(12) ) is amended by adding at the end the following new subparagraphs: (C) Exception for Rural and Qualified Rural Areas The Secretary shall deem an area designated as a rural or qualified rural area under this paragraph that would otherwise no longer receive such designation to retain its previous designated status if there are 1,000 or fewer individuals per square mile in the area. (D) Right to Appeal Rural Areas and Qualified Rural Areas The Secretary shall establish an administrative appeals process to allow ambulance services providers and suppliers to seek reconsideration of a change in a ZIP code’s status as a rural or qualified rural area during the first 12 months after the Secretary finalizes a change in the designation made under this paragraph. . | https://www.govinfo.gov/content/pkg/BILLS-117s2037is/xml/BILLS-117s2037is.xml |
117-s-2038 | II 117th CONGRESS 1st Session S. 2038 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To increase accessible transportation for individuals with disabilities.
1. Short title This Act may be cited as the Disability Access to Transportation Act . 2. Findings Congress finds the following: (1) According to the Centers for Disease Control and Prevention, 1 in 4 U.S. adults has a disability. (2) Section 2(b) of the Americans with Disabilities Act ( 42 U.S.C. 12101 ) recognized that individuals with disabilities face discrimination when using transportation services and sought to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities . (3) Thirty years after the enactment of the Americans with Disabilities Act, individuals with disabilities continue to face systemic discrimination and a lack of accessible transportation options. (4) Transportation is a core component of independent living; without the ability to easily move from one location to another, especially to drop a child off at day care, arrive at work on time, or run basic errands, true community living is impossible. (5) Technology is changing the way the transportation industry provides services. (6) As technology continues to change the way people move from one place to another, the transportation sector, including Federal agencies, local transit systems, and private entities must innovate and provide services in a way that empowers individuals with disabilities to travel independently in their communities. 3. One-stop paratransit pilot program (a) In general Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish a one-stop paratransit pilot program. (b) Purpose The purpose of the pilot program under this section is to develop or expand paratransit programs carried out pursuant to the ADA to provide for 1 stop of at least 15 minutes outside of the vehicle during a paratransit trip to prevent long wait times between multiple trips that unduly limit an individual’s ability to complete essential tasks. (c) Eligible entities (1) In general An entity eligible to participate in the pilot program is a transit agency that agrees to track and share information as the Secretary requires, including— (A) number of ADA paratransit trips conducted each year; (B) requested time of each paratransit trip; (C) scheduled time of each paratransit trip; (D) actual pickup time for each paratransit trip; (E) average length of a stop in the middle of a ride as allowed by this section; (F) any complaints received by a paratransit rider; (G) rider satisfaction with paratransit services; and (H) after the completion of the pilot program, an assessment by the eligible entity of its capacity to continue a one-stop program independently. (2) Preference The Secretary shall give preference to entities that— (A) have comparable data for the year prior to implementation of the pilot program that can be used by the Secretary and other organizations, such as nonprofit organizations and advocacy organizations, for research purposes; and (B) plan to use agency personnel to implement the pilot program. (d) Application To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information on— (1) locations the eligible entity intends to allow a stop at, if stops are limited, including— (A) childcare or education facilities; (B) pharmacies; (C) grocery stores; and (D) bank or ATM locations; (2) methodology for informing the public of the pilot program; (3) vehicles, personnel, and other resources that will be used to implement the pilot program; and (4) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply. (e) Selection The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that includes at least five of each of the following: (1) An eligible entity that serves an area with a population of 200,000 people or fewer. (2) An eligible entity that serves an area with a population of over 200,000 people. (3) An eligible entity that provides transportation for rural communities. (f) Report Not later than 3 months after the conclusion of the first 15 pilot projects carried out under this section, the Secretary shall submit to Congress a report on the results of the program, including the feasibility of developing and implementing one-stop programs for all ADA paratransit services. (g) Funding (1) Federal share The Federal share of the total cost of a project carried out under this section may not exceed 80 percent. (2) Authorization of appropriations There are authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2022 through 2026. 4. Pedestrian facilities in the public right-of-way (a) In general Not later than 180 days after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board, pursuant to section 502(b)(3) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(b)(3) ), shall publish final accessibility guidelines setting forth minimum standards for pedestrian facilities in the public right-of-way, including shared use paths. (b) Adoption of regulations Not later than 180 days after the establishment of the guidelines pursuant to subsection (a), the Secretary shall issue such regulations as are necessary to adopt such guidelines. 5. Reporting accessibility complaints (a) In general The Secretary of Transportation shall ensure that an individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, easily file a complaint with the Department of Transportation. Not later than 1 year after the date of enactment of this Act, the Secretary shall implement procedures that allow an individual to submit a complaint described in the previous sentence by phone, by mail-in form, and online through the website of the Office of Civil Rights of the Federal Transit Administration. (b) Notice to individuals with disabilities Not later than 18 months after the date of enactment of this Act, the Secretary shall require that each public transit provider and contractor providing paratransit services shall include on a publicly available website of the service provider, any related mobile device application, and online service— (1) the telephone number, or a comparable electronic means of communication, for the disability assistance hotline of the Office of Civil Rights of the Federal Transit Administration; (2) notice that a consumer can file a disability-related complaint with the Office of Civil Rights of the Federal Transit Administration; (3) an active link to the website of the Office of Civil Rights of the Federal Transit Administration for an individual to file a disability-related complaint; and (4) notice that an individual can file a disability-related complaint with the local transit agency and the process and any timelines for filing such a complaint. (c) Investigation of complaints Not later than 60 days after the last day of each fiscal year the Secretary shall publish a report that lists the disposition of complaints described in subsection (a), including— (1) the number and type of complaints filed with Department of Transportation; (2) the number of complaints investigated by the Department; (3) the result of the complaints that were investigated by the Department including whether the complaint was resolved— (A) informally; (B) by issuing a violation through a noncompliance Letter of Findings; or (C) by other means, which shall be described in detail; and (4) if a violation was issued for a complaint, whether the Department resolved the noncompliance by— (A) reaching a voluntary compliance agreement with the entity; (B) referring the matter to the Attorney General; or (C) by other means, which shall be described in detail. (d) Report Upon implementation of this section, the Secretary shall, to the extent practicable, issue a report composed of the information collected under this section for the preceding 5 years. 6. Accessibility data pilot program (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall establish an accessibility data pilot program. (b) Purpose In carrying out the pilot program, the Secretary shall develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program to improve the transportation planning of such eligible entities by— (1) measuring the level of access by multiple transportation modes, including transportation network companies, to important destinations, which may include— (A) jobs, including areas with a concentration of available jobs; (B) health care facilities; (C) child care services; (D) educational and workforce training facilities; (E) affordable housing; (F) food sources; and (G) connections between modes, including connections to— (i) high-quality transit or rail service; (ii) safe bicycling corridors; and (iii) safe sidewalks that achieve compliance with applicable requirements of the ADA; (2) disaggregating the level of access by multiple transportation modes by a variety of population categories, which shall include— (A) low-income populations; (B) minority populations; (C) age; (D) disability such as sensory, cognitive, and physical, including wheelchair users; 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 pilot program is— (1) a State; (2) a metropolitan planning organization; or (3) a rural transportation planning organization. (d) Application To be eligible to participate in the pilot program, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including 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; (4) a general description of the methodology the eligible entity intends to apply; and (5) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply. (e) Selection (1) In general The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include— (A) States; (B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; (C) metropolitan planning organizations that serve an area with a population of over 200,000 people; and (D) rural transportation planning organizations. (2) Inclusions The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1) program participants represent— (A) a range of capacity and previous experience with measuring transportation access; and (B) a variety of proposed methodologies and focus areas for measuring level of access. (f) Duties For each eligible entity participating in the pilot program, the Secretary shall— (1) develop or acquire an accessibility data set described in subsection (b); and (2) submit the data set to the eligible entity. (g) Methodology In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source. (h) Availability The Secretary shall make an accessibility data set under the pilot program available to— (1) units of local government within the jurisdiction of the eligible entity participating in the pilot program; and (2) researchers. (i) Report Not later than 120 days after the last date on which the Secretary submits data sets to the eligible entity under subsection (f), the Secretary shall submit to Congress a report on the results of the program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities. (j) Funding The Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. (k) Sunset The pilot program shall terminate on the date that is 8 years after the date on which the pilot program is implemented. 7. Enhanced Mobility of Seniors and Individuals with Disabilities Section 5338(a)(2) of title 49, United States Code, is amended by striking subparagraph (D) and inserting the following: (D) $450,000,000 for fiscal year 2022, $463,500,000 for fiscal year 2023, $477,405,000 for fiscal year 2024, $491,727,150 for fiscal year 2025, and $506,478,965 for fiscal year 2026 shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310; . 8. Definitions In this Act: (1) ADA The term ADA means the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (2) State The term State means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (3) Transportation network company The term transportation network company — (A) means a corporation, partnership, sole proprietorship, or other entity, that uses an online-enabled application or digital network to connect riders to drivers affiliated with the entity in order for the driver to transport the rider using a vehicle owned, leased, or otherwise authorized for use by the driver to a point chosen by the rider; and (B) does not include a shared-expense carpool or vanpool arrangement that is not intended to generate profit for the driver. | https://www.govinfo.gov/content/pkg/BILLS-117s2038is/xml/BILLS-117s2038is.xml |
117-s-2039 | II 117th CONGRESS 1st Session S. 2039 IN THE SENATE OF THE UNITED STATES June 14, 2021 Mr. Lee (for himself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To improve the antitrust laws, and for other purposes.
1. Short title This Act may be cited as the Tougher Enforcement Against Monopolists Act or the TEAM Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—One agency Sec. 101. Short title. Sec. 102. Findings. Sec. 103. Definitions. Sec. 104. Transfer of antitrust enforcement functions from the Federal Trade Commission to the Department of Justice. Sec. 105. Removal of review authority from Federal Communications Commission and State entities. Sec. 106. Technical and conforming amendments. Sec. 107. Effective date. TITLE II—Mergers Sec. 201. Premerger notification filing fees. Sec. 202. Merger presumptions. Sec. 203. Merger notification requirements. TITLE III—Competition policy Sec. 301. Competitive impact statement. Sec. 302. Written explanations of enforcement and non-enforcement actions. Sec. 303. Studies. Sec. 304. Monopsony guidelines. TITLE IV—Restoring board immunity Sec. 401. Short title. Sec. 402. Statement of findings and purpose. Sec. 403. Definitions. Sec. 404. Antitrust immunity. Sec. 405. Active supervision. Sec. 406. Judicial review. TITLE V—Other improvements to antitrust laws Sec. 501. Overturning Illinois Brick and Hanover Shoe. Sec. 502. Limitations on implied immunity from the antitrust laws. Sec. 503. Prejudgment interest. Sec. 504. Safe harbor for efforts to facilitate data portability and interoperability. Sec. 505. Study of assigning all antitrust cases to certain district courts of the United States. Sec. 506. Balancing harm and benefits. Sec. 507. Actions on behalf of consumers under Sherman Act. Sec. 508. Civil fines for knowing violations of the antitrust laws. Sec. 509. Direct evidence of intent to avoid or restrict competition. Sec. 510. Limit on contracting. Sec. 511. Prohibiting discrimination in distribution. Sec. 512. Authorizations of appropriations. 3. Definitions In this Act: (1) Antitrust laws The term antitrust laws means— (A) the Sherman Act ( 15 U.S.C. 1 et seq. ); and (B) the Clayton Act ( 15 U.S.C. 12 et seq. ). (2) Assistant Attorney General The term Assistant Attorney General means the Assistant Attorney General for the Antitrust Division of the Department of Justice. (3) Executive agency The term Executive agency has the meaning given that term in section 105 of title 5, United States Code. I One agency 101. Short title This title may be cited as the One Agency Act . 102. Findings Congress finds the following: (1) It is the policy of the United States to promote the vigorous, effective, and efficient enforcement of the antitrust laws. (2) The overlapping antitrust enforcement jurisdiction of the Department of Justice and the Federal Trade Commission has wasted taxpayer resources, hampered enforcement efforts, and caused uncertainty for businesses and consumers in the United States. (3) It is preferable that primary Federal responsibility for enforcing the antitrust laws of the United States be given to a single agency, and the Department of Justice is best suited to do so. 103. Definitions In this title: (1) Commission The term Commission means the Federal Trade Commission. (2) Effective date The term effective date means the date described in section 107. (3) FTC antitrust action The term FTC antitrust action means any litigation or administrative proceeding initiated by the Commission that— (A) is supervised by an FTC Antitrust Unit; or (B) relates to the antitrust laws or section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), as in effect on the day before the effective date. (4) FTC antitrust assets The term FTC antitrust assets — (A) means all electronic or tangible records and files relating to matters supervised, as well as any physical assets or equipment owned and used or retained, by an FTC Antitrust Unit; and (B) does not include any office space or leased facilities or equipment. (5) FTC antitrust employee The term FTC antitrust employee means an individual who on the day before the effective date is employed by the Federal Trade Commission and assigned to an FTC Antitrust Unit. (6) FTC antitrust function The term FTC antitrust function means a function of the Commission relating to the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), as in effect on the day before the effective date. (7) FTC antitrust funding The term FTC antitrust funding means— (A) all amounts appropriated before the effective date by an Act of Congress to the Federal Trade Commission that are designated, by Congress or the Commission, for an FTC Antitrust Unit; and (B) all fees collected by the Federal Trade Commission before the effective date under section 7A of the Clayton Act ( 15 U.S.C. 18a ) and rules issued under that section. (8) FTC Antitrust Unit The term FTC Antitrust Unit means— (A) the Bureau of Competition of the Commission; and (B) each division of the Bureau of Economics of the Commission that is designated to work on FTC antitrust actions. (9) Function The term function means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (10) Transition period The term transition period means the period beginning on the effective date of this title and ending on the later of— (A) the date that is 1 year after the effective date of this title; or (B) the date that is 180 days after the date described in subparagraph (A), which may be extended by the Assistant Attorney General once for an additional 180 days, if the Assistant Attorney General determines that a period longer than the period described in subparagraph (A) is necessary to avoid harm to the interests of the United States or the effective enforcement of the antitrust laws. 104. Transfer of antitrust enforcement functions from the Federal Trade Commission to the Department of Justice (a) Transfer of functions (1) In general Except as provided in paragraph (3)(D), there shall be transferred to the Department of Justice all FTC antitrust functions, FTC antitrust employees, FTC antitrust assets, and FTC antitrust funding on the earlier of— (A) the date determined by the Assistant Attorney General under paragraph (2)(B); or (B) the end of the transition period. (2) Requirement The Assistant Attorney General, taking care to minimize disruption to ongoing enforcement matters and in consultation as necessary with the Attorney General, the Office of Personnel Management, the General Services Administration, and the Chairman of the Commission, shall— (A) take all necessary actions to complete implementation of this title before the end of the transition period; and (B) determine the dates certain, which may not be earlier than the effective date nor later than the end of the transition period, on which the transfers under paragraph (1) shall occur. (3) Personnel (A) Assignment An FTC antitrust employee transferred to the Department of Justice under this title shall be assigned to the Antitrust Division of the Department of Justice. (B) Effect on personnel Except as provided in subparagraph (C), the transfer under this title of an FTC antitrust employee shall not cause the employee to be separated or reduced in grade or compensation for 1 year after the transfer date. (C) Executive schedule Notwithstanding subparagraph (B), the Assistant Attorney General may appoint an FTC antitrust employee in a Senior Executive Service position, as defined in section 3132 of title 5, United States Code, to a position within the Antitrust Division rate payable for a position at level 15, step 10 of the General Schedule. (D) Voluntary nontransfer of personnel Notwithstanding paragraph (1), an FTC antitrust employee may, with the consent of the Chairman of the Commission, elect to remain an employee of the Commission assigned to a non-FTC Antitrust Unit. (E) Office space Upon request from the Assistant Attorney General, and in consultation as necessary with the General Services Administration, the Commission shall allow the Department of Justice to use any office space or leased facilities previously used by FTC antitrust employees until such time as the Department of Justice may provide its own office space or facilities. After the transfer of FTC antitrust funding to the Department of Justice, the Department of Justice shall compensate the Commission for the costs of the use of such office space or leased facilities. (F) Restructuring Notwithstanding any other provision of law, the Assistant Attorney General is authorized to restructure the Antitrust Division before the expiration of the transition period, as the Assistant Attorney General determines is appropriate, to carry out the purposes of this title and accomplish the efficient enforcement of the antitrust laws. (4) Antitrust actions (A) In general As soon as is reasonably practicable during the transition period, all open investigations, litigations, matters, or other proceedings being supervised by an FTC antitrust unit and relating to the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), as in effect on the day before the effective date, shall be transferred to and assumed by the Department of Justice. (B) Handling of certain administrative proceedings Administrative proceedings that were initiated by the Commission, were unresolved as of the first day of the transition period, and relate to enforcement of the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), as in effect on the day before the effective date, shall be treated in the following manner: (i) Any such proceeding pending before an administrative law judge shall be dismissed without prejudice and the matter shall be referred to the Assistant Attorney General. (ii) For any such proceeding pending on appeal before the Commission, the administrative appeal shall cease, the ruling of the administrative law judge shall be treated as the final decision of the Commission, and the Court of Appeals for the District of Columbia Circuit shall have jurisdiction over any appeal therefrom. (C) Intervention (i) In general In any FTC antitrust action before a court of the United States as of the first day of the transition period, the court shall allow the Department of Justice to— (I) intervene and assume representation of the Federal Government from the Commission; and (II) amend any complaint originally brought by the Commission for the purpose of alleging violations of statutes other than the Federal Trade Commission Act as necessary and where appropriate. (ii) Scheduling order upon request Upon the request of the Commission or the Department of Justice, and in consultation with all parties to the matter, the court shall issue an order making such scheduling adjustments as necessary to facilitate the transfer of prosecutorial responsibilities under this subparagraph. (D) Consent decrees At the end of the transition period, the Department of Justice shall have sole authority to enforce violations of, approve modifications to, or rescind any consent decree entered into by the Commission before the effective date that concerns conduct alleged to violate the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), as in effect on the day before the effective date. (5) Authority to conduct investigative studies (A) Reports of persons, partnerships, and corporations (i) In general The Department of Justice may require, by general or special orders, persons, partnerships, and corporations, engaged in or whose business affects commerce to file with the Department in such form as the Department may prescribe annual or special reports or answers in writing to specific questions, furnishing to the Department such information as the Department may require as to the organization, business, conduct, practices, management, and relation to other corporations, partnerships, and individuals of the respective persons, partnerships, and corporations filing such reports or answers in writing. (ii) Oath Reports and answers required under clause (i) shall— (I) be made under oath or otherwise as the Department may prescribe; (II) pertain solely to competition or the application of the antitrust laws; and (III) be filed with the Department within such reasonable period as the Department may prescribe, unless additional time be granted in any case by the Department. (B) Publication of information or reports (i) In general Except as provided in clause (ii), the Department of Justice— (I) shall make public from time to time such portions of the information obtained by the Department under this paragraph as are in the public interest; (II) may make annual and special reports to Congress that include recommendations for additional legislation; and (III) shall provide for the publication of reports and decisions of the Department in such form and manner as may be best adapted for public information and use. (ii) Prohibition against publication of privileged or confidential information (I) In general Except as provided in subclause (II), the Department of Justice shall not make public any trade secret or any commercial or financial information that is obtained from any person and that is privileged or confidential. (II) Exception The Department may disclose information described in subclause (I) to— (aa) officers and employees of appropriate Federal law enforcement agencies or to any officer or employee of any State law enforcement agency upon the prior certification of an officer of any such Federal or State law enforcement agency that such information will be maintained in confidence and will be used only for official law enforcement purposes; or (bb) any officer or employee of any foreign law enforcement agency under the same circumstances that making material available to foreign law enforcement agencies is permitted under section 21(b) of the Federal Trade Commission Act ( 15 U.S.C. 57b–2(b) ). (6) Benefit of Antitrust Division All FTC antitrust assets and FTC antitrust funding transferred under this subsection shall be for the exclusive use and benefit of the Antitrust Division of the Department of Justice. (b) Transition period (1) In general Except as provided in paragraph (2), beginning on the effective date, the Commission may not— (A) hire or assign an employee to an FTC Antitrust Unit; (B) open a new investigation or matter within an FTC Antitrust Unit or relating to antitrust enforcement; (C) without the approval of the Assistant Attorney General, enter into a consent decree, enter into a settlement agreement, or otherwise resolve an FTC antitrust action; or (D) initiate a new FTC antitrust action. (2) Enforcement on behalf of the department of justice Notwithstanding paragraph (1), during the transition period, the Assistant Attorney General may deputize an FTC Antitrust Employee to investigate or prosecute an alleged violation of the antitrust laws on behalf of the Department of Justice before the completion of the transfer of personnel under subsection (a)(3). (3) Same rights and obligations (A) In general Notwithstanding any other provision of law, during the transition period all Department of Justice employees under the supervision of the Assistant Attorney General shall have the same rights and obligations with respect to confidential information submitted to the Commission as FTC antitrust employees on the day before the effective date. (B) Rule of construction Nothing in this paragraph may be construed as implying any change to the rights and obligations described in subparagraph (A) as a result of this title. (c) Agreements The Assistant Attorney General, in consultation with the Chairman of the Commission, shall— (1) review any agreements between the Commission and any other Federal agency or any foreign law enforcement agency; and (2) before the end of the transition period, seek to amend, transfer, or rescind such agreements as necessary and appropriate to carry out this title, endeavoring to complete such amendment, transfer, or rescindment with all due haste. (d) Rules The Attorney General shall, pursuant to section 7A of the Clayton Act ( 15 U.S.C. 18a ) and in accordance with section 553 of title 5, United States Code, prescribe or amend any rules as necessary to carry out this title. 105. Removal of review authority from Federal Communications Commission and State entities (a) Definitions In this section— (1) the term covered transaction means any acquisition, assignment, or transfer of control of— (A) any license, authorization, or line subject to the jurisdiction of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ); or (B) any authorization, certificate, franchise, or other instrument issued by a State commission or franchising authority; and (2) the terms State commission and franchising authority have the meanings given those terms in sections 3 and 602, respectively, of the Communications Act of 1934 ( 47 U.S.C. 153 , 522). (b) Review of communications transactions (1) Sole responsibility of Department of Justice Notwithstanding any provision of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) or any law or regulation of a State or political subdivision thereof, the review of the competitive impact of any proposed covered transaction shall be solely the responsibility of the Department of Justice pursuant to the antitrust laws, and neither the Federal Communications Commission nor any State commission or franchising authority shall have any authority to conduct such review. (2) Consultation In reviewing the competitive impact of a proposed covered transaction, the Attorney General shall solicit and consider the views of the Federal Communications Commission. (c) Application of public interest standards (1) In general A determination of the Federal Communications Commission described in paragraph (2) with respect to a proposed covered transaction shall be limited to an assessment of whether the acquirer, assignee, or transferee meets the technical, financial, character, and citizenship qualifications that the Commission has prescribed by rule under the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) to hold that license, authorization, or line. (2) Determinations A determination described in this paragraph is a determination pursuant to section 214(a) or 310(d) of the Communications Act of 1934 ( 47 U.S.C. 214(a) , 310(d)) as to whether a proposed covered transaction would serve the public interest, without regard to whether the determination is phrased as whether the present or future public convenience and necessity require or will require the transaction or whether the public interest, convenience, and necessity will be served by the transaction. 106. Technical and conforming amendments (a) Clayton Act The Clayton Act ( 15 U.S.C. 12 et seq. ) is amended— (1) in section 2 ( 15 U.S.C. 13 )— (A) in subsection (a), by striking Federal Trade Commission and inserting Attorney General of the United States ; and (B) in subsection (b), by striking Commission and inserting Attorney General of the United States ; (2) in section 5(a) ( 15 U.S.C. 16(a) ), in the second sentence, by striking , except that, in any action or proceeding brought under the antitrust laws, collateral estoppel effect shall not be given to any finding made by the Federal Trade Commission under the antitrust laws or under section 5 of the Federal Trade Commission Act which could give rise to a claim for relief under the antitrust laws ; (3) in section 7 ( 15 U.S.C. 18 )— (A) in the first undesignated paragraph, by striking and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of another person engaged also in commerce or in any activity affecting commerce ; and (B) in the second undesignated paragraph, by striking and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of one or more persons engaged in commerce or in any activity affecting commerce ; (4) in section 7A ( 15 U.S.C. 18a )— (A) in subsection (b)— (i) in paragraph (1)(A), in the matter preceding clause (i), by striking the Federal Trade Commission and ; and (ii) in paragraph (2), by striking Federal Trade Commission and the ; (B) in subsection (c)— (i) in paragraph (6), by striking the Federal Trade Commission and ; and (ii) in paragraph (8), by striking the Federal Trade Commission and ; (C) in subsection (d)— (i) in the matter preceding paragraph (1), by striking Federal Trade Commission, with the concurrence of the Assistant Attorney General and and inserting Attorney General of the United States ; and (ii) in paragraph (1), by striking the Federal Trade Commission and ; (D) in subsection (e)— (i) in paragraph (1)— (I) in subparagraph (A), by striking Federal Trade Commission or the ; and (II) in subparagraph (B), by striking and the Federal Trade Commission shall each and inserting shall ; and (ii) in paragraph (2)— (I) by striking Federal Trade Commission or the ; (II) by striking its or’ ; (III) by striking the Federal Trade Commission or each place the term appears; and (IV) by striking , as the case may be, ; (E) in subsection (f)— (i) by striking the Federal Trade Commission, alleging that a proposed acquisition violates section 7 of this Act or section 5 of the Federal Trade Commission Act, or an action is filed by ; and (ii) by striking the Federal Trade Commission or ; (F) in subsection (g)(2), in the matter following subparagraph (C), by striking the Federal Trade Commission or ; (G) in subsection (h), by striking or the Federal Trade Commission ; (H) in subsection (i)— (i) in paragraph (1), by striking the Federal Trade Commission or each place the term appears; and (ii) in paragraph (2)— (I) by striking or the Federal Trade Commission ; and (J) by striking , the Federal Trade Commission Act, ; and (5) in section 8(a)(5) ( 15 U.S.C. 19(a)(5) ), in the second sentence, by striking Federal Trade Commission and inserting Attorney General of the United States . (b) Charitable Gift Annuity Antitrust Relief Act of 1995 Section 3(1) of the Charitable Gift Annuity Antitrust Relief Act of 1995 ( 15 U.S.C. 37a(1) ) is amended by striking , except that such term includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that such section 5 applies to unfair methods of competition . (c) Pension Funding Equity Act of 2004 Section 207(b)(1)(A)(i) of the Pension Funding Equity Act of 2004 ( 15 U.S.C. 37b(b)(1)(A)(i) ) is amended by striking , except that such term includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section 5 applies to unfair methods of competition . (d) Federal Trade Commission Act The Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) is amended— (1) in section 5 ( 15 U.S.C. 45 )— (A) in subsection (a)— (i) in paragraph (1), by striking methods of competition in or affecting commerce, and unfair ; (ii) by striking paragraph (3); and (iii) by redesignating paragraph (4) as paragraph (3); (B) in subsection (b)— (i) in the first sentence, by striking unfair method of competition or ; and (ii) in the fifth sentence— (I) by striking the method of competition or ; and (II) by striking method of competition or such ; (C) in subsection (c)— (i) in the first sentence— (I) by striking method of competition or ; and (II) by striking method of competition or the ; and (ii) in the third sentence, by striking or to competitors ; (D) by striking subsection (e); (E) in subsection (g), by striking paragraph (4); and (F) in subsection (n), in the first sentence, by striking or to competition ; (2) in section 6 ( 15 U.S.C. 46 )— (A) by striking subsections (c) through (e) and (i); (B) by redesignating— (i) subsections (f), (g), and (h) as subsections (c) through (e), respectively; and (ii) subsections (j) through (l) as subsections (f) through (h), respectively; (C) in subsection (f)(1), as so redesignated, by striking other than Federal antitrust laws (as defined in section 12(5) of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211(5) )), ; and (D) in subsection (h)(2), as so redesignated, in the matter preceding subparagraph (A), by striking or competition ; (3) by repealing section 7 ( 15 U.S.C. 47 ); (4) in section 11 ( 15 U.S.C. 51 ), by striking antitrust Acts or the each place the term appears; (5) in section 18 ( 15 U.S.C. 57a(a)(2) ), by striking the second sentence; (6) in section 20 ( 15 U.S.C. 57b–1 )— (A) in subsection (a)— (i) in paragraph (2), by striking or in any antitrust violations ; (ii) in paragraph (3), by striking or any provisions relating to antitrust violations ; (iii) in paragraph (7), by striking or any antitrust violation ; and (iv) by striking paragraph (8); (B) in subsection (c)(1), by striking or to antitrust violations, ; and (C) in subsection (j)(1), by striking , any proceeding under section 11(b) of the Clayton Act ( 15 U.S.C. 21(b) ), ; (7) in section 21(b)(6) ( 15 U.S.C. 57b–2(b)(6) ), in the matter following subparagraph (D), by striking paragraphs (5) and (7) and inserting paragraphs (4) and (6) ; and (8) in section 21A ( 15 U.S.C. 57b–2a )— (A) by striking subsection (f); (B) by redesignating subsection (g) as subsection (f); (C) in subsection (f), as so redesignated, by striking subsection (g) each place the term appears and inserting subsection (f) ; and (D) in section 24 ( 15 U.S.C. 57b–5(a) ), by striking for any conduct which, because of the provisions of the Act entitled An Act to authorize association of producers of agricultural products , approved February 18, 1922 ( 7 U.S.C. 291 et seq. , commonly known as the Capper-Volstead Act), is not a violation of any of the antitrust Acts or this Act . (e) Webb-Pomerene Act The Webb-Pomerene Act ( 15 U.S.C. 61 et seq. ) is amended— (1) by repealing section 4 ( 15 U.S.C. 64 ); and (2) in section 5— (A) in the first undesignated paragraph— (i) in the first sentence, by striking Federal Trade Commission and inserting Attorney General of the United States ; and (ii) in the second sentence, by striking commission each place the term appears and inserting Attorney General of the United States ; (B) in the second undesignated paragraph— (i) in the first sentence, by striking Federal Trade Commission and inserting Attorney General of the United States ; and (ii) by striking the third sentence; and (C) by striking the third undesignated paragraph. (f) Wool Products Labeling Act of 1939 The Wool Products Labeling Act of 1939 ( 15 U.S.C. 68 et seq. ) is amended— (1) by striking an unfair method of competition, and each place the term appears; and (2) in section 68g(b), by striking an unfair method of competition and . (g) Fur Products Labeling Act The Fur Products Labeling Act ( 15 U.S.C. 69 et seq. ) is amended by striking an unfair method of competition, and each place the term appears. (h) Textile Fiber Products Identification Act The Textile Fiber Products Identification Act ( 15 U.S.C. 70 et seq. ) is amended— (1) by striking an unfair method of competition, and each place the term appears; and (2) in section 3 ( 15 U.S.C. 70a ), by striking an unfair method of competition and each place the term appears. (i) Antitrust Civil Process Act Section 4(d) of the Antitrust Civil Process Act ( 15 U.S.C. 1313(d) ) is amended— (1) in paragraph (1), by striking (1) Whoever and inserting Whoever ; and (2) by striking paragraph (2). (j) International Antitrust Enforcement Assistance Act of 1994 The International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6201 et seq. ) is amended— (1) in section 2 ( 15 U.S.C. 6201 ), in the matter preceding paragraph (1), by striking and the Federal Trade Commission ; (2) in section 3(b) ( 15 U.S.C. 6202(b) ), by striking and the Commission may, using their respective authority to investigate possible violations of the Federal antitrust laws, and inserting may ; (3) in section 5(1) ( 15 U.S.C. 6204(1) ), by striking or the Commission each place the term appears; (4) in section 6 ( 15 U.S.C. 6205 )— (A) by striking or the Commission ; and (B) by striking 6(f) and inserting 6(c) ; (5) in section 7 ( 15 U.S.C. 6206 )— (A) by striking , with the concurrence of the Commission, each place the term appears; and (B) in subsection (c)(2)(B), by striking and the Commission ; (6) in section 8 ( 15 U.S.C. 6207 )— (A) by striking Neither the Attorney General nor the Commission may each place the term appears and inserting The Attorney General may not ; (B) in subsection (a), by striking or the Commission, as the case may be, ; (C) in subsection (b), by striking or the Commission ; and (D) in subsection (c)— (i) by striking or the Commission ; and (ii) by striking or the Commission, as the case may be, ; (7) in section 10 ( 15 U.S.C. 6209 )— (A) in subsection (a)— (i) by striking , the Commission, ; and (ii) by striking (a) In General.—The and inserting The ; and (B) by striking subsection (b); (8) in section 12 ( 15 U.S.C. 6211 )— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by striking and the Commission jointly determine and inserting determines ; (II) by striking jointly ; and (III) by striking and the Commission ; (ii) in subparagraph (A)— (I) by striking and the Commission each place the term appears; and (II) by striking provide and inserting provides ; (iii) in subparagraph (E)(ii), in the matter preceding subclause (I), by striking or the Commission, as the case may be, ; (iv) in subparagraph (F)— (I) by striking or the Commission ; and (II) by striking or the Commission, respectively, ; and (v) in subparagraph (H)— (I) in clause (i)— (aa) by striking or the Commission ; and (bb) by striking or the Commission, respectively, ; and (II) in clause (ii), by striking or the Commission each place the term appears; (B) by striking paragraph (4); (C) by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; and (D) in paragraph (4), as so redesignated, by striking but also includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that such section 5 applies to unfair methods of competition ; and (9) in section 13 ( 15 U.S.C. 6212 )— (A) by striking and the Commission are and inserting is ; and (B) by striking or the Commission, respectively, . (k) Medicare Prescription Drug, Improvement, and Modernization Act of 2003 Subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2461) is amended— (1) in the subtitle heading, by striking Federal Trade Commission and inserting Antitrust ; (2) in section 1111 ( 21 U.S.C. 355 note)— (A) by striking paragraph (8); and (B) by redesignating paragraphs (9) through (12) as paragraphs (8) through (11), respectively; (3) in section 1112(c) ( 21 U.S.C. 355 note), by striking and the Commission each place the term appears; (4) in section 1113 ( 21 U.S.C. 355 note), by striking and the Commission ; (5) in section 1114 ( 21 U.S.C. 355 note), by striking or the Commission ; (6) in section 1115 ( 21 U.S.C. 355 note)— (A) in subsection (a), by striking , or brought by the Commission in accordance with the procedures established in section 16(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 56(a) ) ; and (B) in subsection (b), by striking or the Commission ; (7) in section 1116 ( 21 U.S.C. 355 note), in the matter preceding paragraph (1), by striking Commission, with the concurrence of the Assistant Attorney General and inserting Attorney General ; and (8) in section 1117 ( 21 U.S.C. 355 note), by striking or the Commission each place the term appears. (l) Other laws For any other provision of law requiring the Assistant Attorney General or the Attorney General to consult with or seek the concurrence of the Commission or the Chairman of the Commission, where such requirement relates to the antitrust laws or unfair methods of competition under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), as in effect on the day before the effective date, that requirement shall be waived. 107. Effective date Except where explicitly provided otherwise, this title and the amendments made by this title shall take effect on the start of the first fiscal year that is at least 90 days after the date of enactment of this title. II Mergers 201. Premerger notification filing fees Section 605 of Public Law 101–162 ( 15 U.S.C. 18a note) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking $45,000 and inserting $30,000 ; (ii) by striking $100,000,000 and inserting $161,500,000 ; (iii) by striking 2004 and inserting 2022 ; and (iv) by striking 2003 and inserting 2021 ; (B) in paragraph (2)— (i) by striking $125,000 and inserting $100,000 ; (ii) by striking $100,000,000 and inserting $161,500,000 ; (iii) by striking but less and inserting but is less ; and (iv) by striking and at the end; (C) in paragraph (3)— (i) by striking $280,000 and inserting $250,000 ; and (ii) by striking the period at the end and inserting but is less than $1,000,000,000 (as so adjusted and published); ; and (D) by adding at the end the following: (4) $400,000 if the aggregate total amount determined under section 7A(a)(2) of the Clayton Act ( 15 U.S.C. 18a(a)(2) ) is not less than $1,000,000,000 (as so adjusted and published) but is less than $2,000,000,000 (as so adjusted and published); (5) $800,000 if the aggregate total amount determined under section 7A(a)(2) of the Clayton Act ( 15 U.S.C. 18a(a)(2) ) is not less than $2,000,000,000 (as so adjusted and published) but is less than $5,000,000,000 (as so adjusted and published); and (6) $1,250,000 if the aggregate total amount determined under section 7A(a)(2) of the Clayton Act ( 15 U.S.C. 18a(a)(2) ) is not less than $5,000,000,000 (as so adjusted and published). ; and (2) by adding at the end the following: (c) (1) For each fiscal year commencing after September 30, 2022, the filing fees in this section shall be increased each year by an amount equal to the percentage increase, if any, in the Gross National Product of the United States, as determined by the Department of Labor or its successor, for the year then ended over the level so established for the year ending September 30, 2021. (2) As soon as practicable, but not later than January 31 of each year, the Attorney General shall publish the adjusted amounts required by paragraph (1). (3) The Attorney General shall not adjust amounts required by paragraph (1) if the percentage increase described in paragraph (1) is less than 1 percent. (4) An amount adjusted under this section shall be rounded to the nearest multiple of $5,000. . 202. Merger presumptions Section 7 of the Clayton Act ( 15 U.S.C. 18 ), as amended by section 106 of this Act, is amended— (1) by striking all that proceeds person engaged in commerce and inserting the following: 7. Acquisition by one corporation of stock of another (a) In general No ; (2) by striking No person shall acquire, and inserting the following: (b) Acquisition of persons engaged in commerce No person shall acquire ; (3) by striking This section shall not apply and inserting the following: (d) Not lessening competition This section shall not apply ; (4) by striking Nor shall anything herein and inserting the following: (e) Common carriers Nor shall anything herein ; (5) by striking Nothing contained in this section shall be held and inserting the following: (f) Hold harmless Nothing contained in this section shall be held ; (6) by striking Nothing contained in this section shall apply to transactions and inserting the following: (g) Certain transactions Nothing contained in this section shall apply to transactions ; and (7) by inserting after subsection (b), as so designated by this section, the following: (c) Actions by United States (1) In general The United States may initiate a proceeding to enjoin a transaction prohibited by this section. (2) Rebuttable presumptions (A) In general In a proceeding initiated by the United States to enjoin a transaction prohibited by this section, it shall be presumed that the effect of a transaction may be substantially to lessen competition, or to tend to create a monopoly, if— (i) the United States shows by a preponderance of the evidence that, as a result of the transaction, the combined firm would be able meaningfully to increase prices or reduce output, innovation, or quality in a market; or (ii) (I) the transaction would combine persons that compete, would compete, or would attempt to compete against each other, absent the transaction; and (II) the combined firm would have a post-transaction share of the market that— (aa) is greater than 33 percent; or (bb) if the acquiring person is owned or controlled by a foreign government, is greater than 5 percent. (B) Rebuttal A defendant may rebut a presumption under clause (i) or (ii) of subparagraph (A) only if the defendant demonstrates by a preponderance of the evidence that— (i) the combined parties post-transaction would not be able to exercise market power; or (ii) the anticompetitive effects of the transaction— (I) are insubstantial; or (II) are clearly outweighed by the procompetitive benefits of the transaction in the relevant market. (C) Rule of construction The presumptions under clauses (i) and (ii) of subparagraph (A) shall not limit any other presumption courts have created or used or may create or use in resolving cases under this section. (3) Irrebuttable presumption In a proceeding initiated by the United States to enjoin a transaction prohibited by this section, except to the extent the transaction is necessary to prevent serious harm to the national economy, the effect of a transaction shall be deemed to substantially to lessen competition, or to tend to create a monopoly, if— (A) the transaction would combine persons that compete, would compete, or would attempt to compete against each other absent the transaction; and (B) the combined firm would have a post-transaction share of the market that is greater than 66 percent. . 203. Merger notification requirements (a) In general Section 7A(a)(2) of the Clayton Act ( 15 U.S.C. 18a(a)(2) ) is amended— (1) by redesignating subclause (III) of subparagraph (B)(ii) as item (bb); (2) by striking (ii)(I) any voting and all that follows through (II) any voting securities or assets of a person not engaged in manufacturing and inserting (II)(aa) any voting securities or assets of a person ; (3) by striking (B)(i) in excess and inserting (ii)(I) in excess ; (4) by striking (A) in excess and inserting (i) in excess ; (5) by inserting (A) after (2) ; (6) by striking published) or more. and inserting published) or more; or ; and (7) by inserting after subparagraph (A), as so redesignated, the following: (B) except with respect to an acquisition made solely for the purpose of investment, the acquiring person— (i) has assets in excess of $500,000,000,000; or (ii) is owned or controlled by a foreign government. . (b) Repeal of limited nexus to commerce in the United States exception (1) In general The Assistant Attorney General shall amend sections 802.50 and 802.51 of title 16, Code of Federal Regulations, and any other rule or regulation, to repeal any exception from filing a notification under subsection (a) of section 7A of the Clayton Act ( 15 U.S.C. 18a ) or from the waiting period described in subsection (b)(1) of such section with respect to an acquisition on the basis that the acquisition has a limited nexus with the United States. (2) Limitation The Assistant Attorney General may not promulgate or enforce any rule that excludes from the requirements under section 7A of the Clayton Act ( 15 U.S.C. 18a ) any acquisition by or of a person engaged in commerce or in any activity affecting commerce on the basis that the acquisition has a limited nexus with the United States. III Competition policy 301. Competitive impact statement (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget. (2) Agency; significant regulatory action The terms agency and significant regulatory action have the meanings given those terms in section 3 of the Executive Order. (3) Executive Order The term Executive Order means Executive Order 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review). (b) Requirement In reviewing a significant regulatory action of an agency in accordance with the Executive Order, the Administrator shall prepare and submit to the agency a competitive impact statement that— (1) identifies any way in which the significant regulatory action may impact or harm competition in the market to which the significant regulatory action applies; and (2) provides guidance on how the significant regulatory could be revised to minimize the impact or harm to competition in that market. 302. Written explanations of enforcement and non-enforcement actions (a) In general The Assistant Attorney General shall prepare and preserve a written explanation of any decision by the Federal Government not to file a civil action under the antitrust laws after the use of compulsory process by the Federal Government. (b) Availability to Congress Upon request by any Member of Congress, the Assistant Attorney General shall make available an unredacted version of a written explanation described in subsection (a). A Member of Congress shall not disclose an unredacted version of a written explanation received under this subsection. (c) Public availability (1) In general The Assistant Attorney General shall make a written explanation described in subsection (a) publicly available if all subjects of the investigation have acknowledged the existence of the investigation. (2) Other availability A written explanation described in subsection (a) may be disclosed in accordance with the procedures and limitations under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), or any other applicable provision of law. (3) Redaction Information in a written explanation described in subsection (a) that is made publicly available shall be redacted to protect confidential or competitively sensitive information, which may include the identities of the subjects of the investigation when appropriate. 303. Studies (a) Institutional investors Not later than 2 years after the date of enactment of this Act, the Assistant Attorney General, in consultation with the Securities and Exchange Commission, shall conduct and publish a study, using any compulsory process reasonably necessary, relying on public data and information if available and sufficient, and incorporating public comment, on— (1) the extent to which an institutional investor or related institutional investors have ownership or control interests in competitors in moderately concentrated or concentrated markets; (2) the economic impacts of such overlapping ownership or control; and (3) the mechanisms by which an institutional investor could affect competition among the companies in which it invests and whether such mechanisms are prevalent. (b) Self-Preferencing by digital platforms Not later than 2 years after the date of enactment of this Act, the Assistant Attorney General shall conduct and publish a study, using any compulsory process reasonably necessary, relying on public data and information if available and sufficient, and incorporating public comment, on self-preferencing by digital platforms. (c) Technology merger retrospective Not later than 2 years after the date of enactment of this Act, the Assistant Attorney General shall— (1) conduct a retrospective analysis of mergers involving technology companies completed during the 15-year period ending on the date of enactment of this Act; and (2) publish a report of the findings of the analysis, which shall include an analysis of the adequacy of any enforcement actions or settlement agreements regarding such mergers. 304. Monopsony guidelines The Assistant Attorney General shall publicly issue guidelines regarding how the Antitrust Division of the Department of Justice analyzes and approaches a matter involving a monopsony under the antitrust laws. IV Restoring board immunity 401. Short title This title may be cited as the Restoring Board Immunity Act of 2021 or the RBI Act . 402. Statement of findings and purpose Congress finds the following: (1) The prevalence of occupational licensing has increased dramatically in recent decades, in part because private interests have sought licensing in order to limit competition. (2) Occupational licensing often limits opportunities for workers, frustrates entrepreneurs seeking to introduce new business models, and raises prices paid by consumers. (3) Licensing should be imposed only to combat real, substantial threats to public health, safety, or welfare and only where other less restrictive regulatory alternatives are insufficient to protect consumers and serve the public interest. (4) Regulators should consider a range of less restrictive alternatives before enacting an occupational licensing regime, which may include inspections, bonding or insurance requirements, registration, and voluntary certification. (5) Voluntary certification provides a particularly significant alternative to licensure, as it allows market participants to signal to consumers the attainment of personal qualifications without limiting entry into the marketplace. (6) The failure of State governments to adopt less restrictive alternatives to licensing, and less burdensome requirements in those areas where licensing is deemed necessary, has resulted in significant costs to consumers and the broader economy. (7) The United States Supreme Court responded to these concerns in North Carolina Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015), holding that self-interested licensing boards may be subject to liability under the antitrust laws, but that decision has also created significant uncertainty for the States and their licensing boards. (8) Some States have responded to the decision in North Carolina Board of Dental Examiners by establishing a layer of bureaucratic oversight that merely monitors board actions for consistency with State licensing laws. This response is a missed opportunity for reform, as it does not address the specific competition concern raised in North Carolina Board of Dental Examiners or the underlying problems with over-reliance on occupational licensure as a regulatory approach and with overly broad enforcement of licensing laws as a means to regulate commercial activities outside an occupation’s scope of practice. (9) Legislation is necessary to clarify the requirements of active supervision, both to offer States a clear and certain mechanism to immunize their occupational boards and to make clear that mere bureaucratic oversight to ensure consistency with State licensing laws does not suffice to confer immunity. (10) This title is intended to offer States a choice between two alternative routes to achieve immunity for their occupational licensing boards—either establishing a mechanism for meaningful active supervision of licensing boards by State officials or establishing a mechanism for meaningful judicial review of board actions in the State courts. 403. Definitions In this title: (1) Certification The term certification means a voluntary program under which— (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use certified as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title certified . (2) Good faith The term good faith , with respect to performance— (A) means diligent performance that is directed towards achieving the policies set forth in this title; (B) does not include performance that is— (i) designed to subvert or evade the policies set forth in this title; or (ii) carried out in a manner that has the systematic effect of subverting or evading the policies set forth in this title; and (C) refers to an objective, rather than subjective, standard. (3) Lawful occupation The term lawful occupation means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling the goods or services is subject to occupational licensing laws. (4) Least restrictive regulation The term least restrictive regulation means, from least to most restrictive: (A) One or more of the following, each of which shall be considered equally restrictive: (i) Market competition. (ii) Industry or consumer-related ratings and reviews. (iii) Private certification. (iv) A specific private civil cause of action to remedy consumer harm. (v) A deceptive trade practice act. (vi) A regulation of the process of providing the specific goods or services to consumers. (vii) Inspections. (viii) Bonding or insurance. (ix) Registration. (x) Government certification. (B) Specialty occupational license for medical reimbursement. (C) Occupational license. (5) Less restrictive alternatives to occupational licensing The term less restrictive alternatives to occupational licensing — (A) means regulations that achieve the public health or safety goals asserted by the government to justify licensing while imposing a less onerous restriction on entry into the marketplace; and (B) includes the alternative forms of regulation described in paragraph (4)(A). (6) Member, officer, or employee The term member, officer, or employee , with respect to an occupational licensing board, means an individual appointed by a State to the board. (7) Occupational license The term occupational license means a nontransferable authorization under law for an individual to perform a lawful occupation for compensation based on meeting personal qualifications established by the State government. (8) Occupational licensing board The term occupational licensing board or board means an entity established under State law— (A) the express purpose of which is to regulate the personal qualifications required to engage in or practice a particular lawful occupation; (B) that has authority conferred by State law to interpret or enforce the occupational licensing laws of the State; and (C) not less than 2/3 of the members of which are appointed by an elected official of the State. (9) Occupational licensing law The term occupational licensing law — (A) means a State statute that allows an individual to work in a lawful occupation and use an occupational title; and (B) does not include a business license, facility license, building permit, or zoning and land use regulation, except to the extent that the law regulates an individual’s personal qualifications to engage in or practice a lawful occupation. (10) Occupational regulation The term occupational regulation — (A) means a statute, rule, practice, policy, or other law that substantially burdens an individual’s ability to work in a lawful occupation; (B) includes a regulation requiring registration, certification, or an occupational license; and (C) does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual’s ability to work in a lawful occupation. (11) Personal qualifications The term personal qualifications means criteria related to an individual’s personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education. (12) Registration The term registration means a requirement that an individual give notice to the government of a State that may include— (A) the individual’s name and address; (B) the individual’s agent for service of process; (C) the location of the activity to be performed; and (D) a description of the service the individual provides. (13) Specialty occupational license for medical reimbursement The term specialty occupational license for medical reimbursement means a nontransferable authorization in law for an individual to qualify for payment or reimbursement from a government agency for the non-exclusive provision of medical services based on meeting personal qualifications established by the State legislature. (14) State The term State means— (A) each of the several States; and (B) the District of Columbia. 404. Antitrust immunity (a) In general Subject to subsection (b), the Sherman Act ( 15 U.S.C. 1 et seq. ) shall not apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of the board acting in the official capacity of that member, officer, or employee, if— (1) the requirements under section 405 of this title are satisfied; or (2) the requirements under section 406 of this title are satisfied. (b) Requirement of good faith The immunity provided under subsection (a) shall not apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of the board acting in the official capacity of that member, officer, or employee, unless the State acts in good faith to perform the applicable requirements under section 405 or 406 of this title. (c) Existing entities or procedures The fact that a State governmental entity or procedure was established before the date of enactment of this Act shall not prevent an occupational licensing board of the State, or a member, officer, or employee of that board, from qualifying for immunity under subsection (a) if the State governmental entity or procedure satisfies the applicable requirements under section 405 or 406 of this title. (d) Savings clause The immunity provided under subsection (a) shall not apply to an action unrelated to regulating the personal qualifications required to engage in or practice a lawful occupation, such as rules of an occupational licensing board governing minimum prices or residency requirements. 405. Active supervision (a) In general The immunity under section 404(a) shall apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of that board acting in the official capacity of that member, officer, or employee, if— (1) the actions of the occupational licensing board or member, officer, or employee are authorized by a non-frivolous interpretation of the occupational licensing laws of the State; (2) the State adopts a policy of using less restrictive alternatives to occupational licensing to address real, substantial threats to public health, safety, or welfare, in accordance with subsection (b) of this section; and (3) the State enacts legislation providing for active supervision of the actions of an occupational licensing board and any member, officer, or employee of such a board, in accordance with subsection (c) of this section. (b) Policy The State shall adopt a policy providing that— (1) occupational licensing laws should be construed and applied to— (A) protect public health, safety, and welfare; and (B) increase economic opportunity, promote competition, and encourage innovation; (2) regulators should displace competition through occupational licensing laws only if less restrictive alternatives to occupational licensing will not suffice to protect consumers from real, substantial threats to public health, safety, or welfare; and (3) an occupational licensing law should be enforced against an individual only to the extent the individual sells goods or services that are included explicitly in the statute or regulation that defines the occupation’s scope of practice. (c) Active supervision (1) In general The legislation enacted under subsection (a)(3) shall satisfy each of the requirements under this subsection. (2) Day-to-day supervision (A) Establishment of Office of Supervision of Occupational Boards The State shall establish an Office of Supervision of Occupational Boards (referred to in this subsection as the Office ) to review the actions of occupational licensing boards to ensure compliance with the policy adopted under subsection (b). (B) Duties The Office shall— (i) review and explicitly approve or reject in writing any occupational regulation proposed by an occupational licensing board before the board may adopt or implement the occupational regulation; (ii) play a substantial role in the development of a board’s rules and policies to ensure they benefit consumers and do not serve the private interests of providers of goods and services regulated by the board; (iii) disapprove in writing the use of any board rule or policy relating to an occupational regulation and terminate any enforcement action, including any such action pending on the date of enactment of this Act, that is inconsistent with the policy adopted under subsection (b); (iv) exercise control over each board by reviewing and affirmatively approving in writing only occupational regulations that are consistent with the policy adopted under subsection (b); (v) use the analysis conducted under paragraph (5) and conduct reasonable investigations to gain additional information, including about less restrictive regulatory approaches, to promote compliance with subsection (b); (vi) (I) be staffed by not less than 1 attorney; and (II) prohibit attorneys working in the Office from providing general counsel to any board; and (vii) (I) approve board actions explicitly in writing, rather than implicitly; and (II) clearly establish that silence or inaction does not constitute approval. (3) Internal review (A) Complaint The State shall establish a mechanism under which a person who is a resident of or has a license to operate a business in the State may file a complaint with the Office about an occupational regulation of an occupational licensing board in the State that the person believes is inconsistent with the policy adopted under subsection (b). (B) Office response Not later than 90 days after the date on which a person files a complaint under subparagraph (A), the Office shall— (i) investigate the complaint; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. (C) Review The State shall establish a mechanism for review of a determination made by the Office under subparagraph (B), under which a complainant may appeal the determination to the general division of the trial court of the State if the challenged occupational regulation would substantially burden the complainant’s ability to— (i) engage in a lawful occupation; or (ii) employ or contract other individuals for the performance of a lawful occupation. (4) Right to raise defense (A) In general The State shall authorize an individual to assert as a defense, in any administrative or judicial proceeding to enforce an occupational regulation, that the regulation does not comply with the policy adopted under subsection (b). (B) Procedures In a proceeding described in subparagraph (A)— (i) an individual who asserts a defense under this paragraph has the initial burden of proof that the occupational regulation being enforced substantially burdens the individual’s ability to engage in a lawful occupation; (ii) if an individual meets the burden of proof under clause (i), the State shall be required to demonstrate by clear and convincing evidence that the occupational regulation— (I) advances an important government interest in protecting against real, substantial threats to public health, safety, or welfare; and (II) is substantially related to achievement of the important government interest described in subclause (I), in light of the availability of less restrictive alternatives to occupational licensing; and (iii) in reviewing an alleged violation of the policy adopted under subsection (b), an administrative agency or a court— (I) shall make its own findings of fact and conclusions of law; (II) may not rely on a legislative finding of fact presented in admissible form to the agency or court; and (III) may not grant any presumption to a legislative determination— (aa) of harm to public health, safety, or welfare; or (bb) that the occupational regulation is substantially related to achievement of the important government interest described in clause (ii)(I). (5) Periodic advisory review (A) In general The State shall establish a mechanism for periodic non-binding review of existing occupational regulations, and non-binding review of new proposed occupational regulations, to ensure that the occupational regulations comply with the policy adopted under subsection (b). (B) Scope of review The entity conducting the review under subparagraph (A)— (i) shall publish an annual written report encompassing approximately 20 percent of the occupations subject to occupational regulations within the State, such that the entity will review all occupational regulations within the State during each 5-year period; and (ii) shall publish a written report assessing any proposed occupational licensing law, or other proposed law that would expand the authority of an occupational licensing board to impose occupational regulations, before the proposed law is submitted to a vote by the State legislature. (C) Requirements for analysis In conducting the review required under subparagraph (A), the entity shall— (i) determine whether the law or other regulation satisfies the policy adopted under subsection (b) of using the least restrictive regulation necessary to protect consumers from real, substantial threats to public health, safety, or welfare; (ii) evaluate the effects of the law or other regulation on opportunities for workers, consumer choices and costs, general unemployment, market competition, governmental costs, and other effects; (iii) compare the law or other regulation to whether and how other States regulate the applicable occupation; and (iv) if the applicable occupation is subject to an occupational licensing law, evaluate— (I) the feasibility of entering into reciprocity compacts with one or more other States to improve worker mobility and labor market flexibility; and (II) the advisability of endorsing occupational licenses granted by other States to spouses of active service military members as if those occupational licenses were granted by the State conducting the review. 406. Judicial review (a) In general The immunity under section 404(a) shall apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of that board acting in the official capacity of that member, officer, or employee, if— (1) the actions of the occupational licensing board or member, officer, or employee are authorized by a non-frivolous interpretation of the occupational licensing laws of the State; (2) the State adopts a policy of using less restrictive alternatives to occupational licensing to address real, substantial threats to public health, safety, or welfare, in accordance with section 405(b); and (3) the State enacts legislation providing for judicial review of occupational licensing laws, in accordance with subsection (b) of this section. (b) Judicial review legislation Legislation enacted by a State under subsection (a)(3)— (1) shall— (A) prohibit the State and any occupational licensing board from imposing an occupational licensing law unless the State— (i) identifies an important government interest in protecting against real, substantial threats to public health, safety, or welfare; and (ii) demonstrates that the occupational licensing law is substantially related to achievement of the important government interest described in clause (i), in light of the availability of less restrictive alternatives to occupational licensing; (B) provide an affirmative defense against enforcement of any occupational licensing law of the State under which the State shall be required to demonstrate that the standard under subparagraph (A) has been met; (C) establish a cause of action under which— (i) a person may bring an action for injunctive relief against enforcement of an occupational licensing law of the State; (ii) the plaintiff bears the initial burden to prove that the challenged occupational licensing law substantially burdens the plaintiff’s ability to engage in a lawful occupation; and (iii) once the plaintiff makes the initial showing under clause (ii), the State is required to demonstrate that the standard under subparagraph (A) has been met; (D) provide for an award of reasonable costs and attorney fees to a person who successfully challenges the application of an occupational licensing law of the State by— (i) raising an affirmative defense under subparagraph (B); or (ii) bringing an action under subparagraph (C); and (E) provide for independent judicial review of the occupational licensing laws of the State to ensure that the standard set forth in subparagraph (A) has been met; and (2) may not authorize a court to— (A) uphold enforcement of an occupational licensing law of the State simply because the court believes the law is rationally related to a legitimate governmental purpose; (B) rely on hypothetical risks to public safety, not substantiated by evidence in the record, to uphold enforcement of an occupational licensing law of the State; (C) defer to factual or legal conclusions of another person or entity, rather than exercising independent review; or (D) rely on a post hoc justification for the action of an occupational licensing board that was not put forward by the board at the time of the challenged action. (c) Rule of construction Nothing in subsection (b) shall be construed to require legislation enacted by a State under subsection (a)(3) to provide a right to recover monetary damages, other than reasonable costs and attorney fees as provided under subsection (b)(1)(D). V Other improvements to antitrust laws 501. Overturning Illinois Brick and Hanover Shoe Section 4 of the Clayton Act ( 15 U.S.C. 15 ) is amended— (1) in subsection (a), in the first sentence— (A) by striking subsection (b) and inserting subsections (b) and (c) ; and (B) by inserting , including an indirect purchaser, after business or property ; (2) by redesignating subsection (c) as subsection (f); and (3) by inserting after subsection (b) the following: (c) (1) In the case of a person who was injured by a violation of the antitrust laws and who resold any property or service that was the subject of the violation, the amount of the damages sustained by the person shall not include the amount of any overcharge by the defendant (or portion thereof) that the person passed on to a subsequent purchaser of the property or service that was the subject of the violation. (2) The defendant shall bear the burden of proving the amount of any overcharge passed on to a subsequent purchaser. . 502. Limitations on implied immunity from the antitrust laws (a) In general In any action or proceeding to enforce the antitrust laws with respect to conduct that is regulated under Federal statute, no court or adjudicatory body may find that the Federal statute, or any rule or regulation promulgated in accordance with the Federal statute, implicitly precludes application of the antitrust laws to the conduct unless— (1) a Federal agency or department actively regulates the conduct under the Federal statute; (2) the Federal statute does not include any provision preserving the rights, claims, or remedies under the applicable antitrust laws or under any area of law that includes the antitrust laws; and (3) the Federal agency or department rules or regulations, adopted by rulemaking or adjudication, explicitly require or authorize the defendant to undertake the conduct. (b) Existing federal regulation In any action or proceeding described in subsection (a), the antitrust laws shall be applied fully and without qualification or limitation, and the scope of the antitrust laws shall not be defined more narrowly on account of the existence of Federal rules, regulations, or regulatory agencies or departments, unless application of the antitrust laws is precluded or limited by— (1) an explicit exemption from the antitrust laws under a Federal statute; or (2) an implied immunity that satisfies the requirements under subsection (a). 503. Prejudgment interest Section 4(a) of the Clayton Act ( 15 U.S.C. 15 ), as amended by section 502 of this Act, is amended by striking may sue therefor and all that follows and inserting may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, the cost of suit, including a reasonable attorney’s fee, and simple interest on threefold the damages by him sustained for the period beginning on the date of service of such person’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment. . 504. Safe harbor for efforts to facilitate data portability and interoperability (a) In general Except as provided in subsection (b), it shall not constitute a violation of the antitrust laws for 2 or more persons providing comparable interactive computer services (as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) )) to enter into a joint venture or similar partnership to create standard protocols for data portability or interoperability between the interactive computer services if— (1) the joint venture or similar partnership does not exclude from the joint venture or similar partnership any person that offers comparable interactive computer services; and (2) the standard protocols do not restrict competition in any market. (b) Exception for per se violations Subsection (a) shall not apply to conduct constituting a per se violation of section 1 of the Sherman Act ( 15 U.S.C. 1 ). 505. Study of assigning all antitrust cases to certain district courts of the United States Not later than 1 year after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall submit to Congress a report reviewing the feasibility, possible benefits, and potential harms of establishing a program to designate certain district courts of the United States that will hear cases raising 1 or more claims under the antitrust laws. 506. Balancing harm and benefits The Clayton Act ( 15 U.S.C. 12 et seq. ) is amended— (1) by redesignating section 28 ( 15 U.S.C. 27 ) as section 31; and (2) by inserting after section 27 the following: 28. Balancing harm and benefits (a) In general In any civil action brought under this Act or the Sherman Act ( 15 U.S.C. 1 et seq. ), a court may consider a benefit, efficiency, or other mitigating factor only to the degree that it— (1) is tied to the market in which competition or consumers are harmed; (2) can reasonably be achieved only through the conduct or transaction at issue; (3) is reasonably quantifiable; (4) will accrue to the consumer; and (5) has a high likelihood of being achieved. (b) Examination of competitive effects In examining the competitive effects of conduct or a transaction challenged under any of the antitrust laws, a court shall consider exclusively the effects of the challenged conduct or transaction on consumer welfare, including price, output, quality, innovation, and consumer choice. (c) Rule of construction Nothing in this section shall be construed to require that, in the aggregate, in-market benefits, efficiencies, or mitigating factors outnumber or outweigh any out-of-market benefits, efficiencies, or mitigating factors. (d) Definition of consumer In this section, the term consumer includes buyers and sellers. . 507. Actions on behalf of consumers under Sherman Act Section 4 of the Clayton Act ( 15 U.S.C. 15 ), is amended— (1) by inserting after subsection (c), as added by section 501 of this Act, the following: (d) (1) The Assistant Attorney General may bring an action on behalf of persons in the United States injured in their business or property by reason of anything forbidden under the Sherman Act ( 15 U.S.C. 1 et seq. ) in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages sustained by such persons, and the cost of suit, including a reasonable attorney's fee. (2) (A) The court may award under this subsection, pursuant to a motion by the Assistant Attorney General promptly made, simple interest on actual damages in accordance with the requirements under subsection (a). (B) A court may not award any damages under this subsection that are duplicative of damages awarded before the date of the award under this subsection in a separate civil action pertaining to the same conduct and injured party. (C) A court awarding damages to a person in a civil action after the date of an award of damages under this subsection that would be duplicative of damages awarded to the Assistant Attorney General on behalf of the person shall direct that such damages shall first be paid by the Assistant Attorney General from amounts in the Fund and, to the extent such damages are not fully paid from amounts in the Fund, shall be paid by the defendant. (3) (A) There is established in the Treasury of the United States a fund to be known as the Antitrust Consumer Damages Fund (in this subsection referred to as the Fund ), which shall consist of amounts deposited under subparagraph (B). (B) Notwithstanding section 3302 of title 31, United States Code, any amounts received by the Assistant Attorney General under an award under this subsection— (i) shall be deposited in the Fund; and (ii) shall be available to the Assistant Attorney General, without further appropriation, for distribution to persons in the United States harmed by the applicable violation of the Sherman Act ( 15 U.S.C. 1 et seq. ). (4) Effective on the day after the date that is 10 years after the date on which an award is received under this subsection, the unobligated balances in the Fund of amounts that were received under the award are rescinded and shall be deposited in the general fund of the Treasury. ; and (2) in subsection (f), as so redesignated by section 501 of this Act— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting before paragraph (1) the following: (1) the term Assistant Attorney General means the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice; . 508. Civil fines for knowing violations of the antitrust laws Section 4 of the Clayton Act ( 15 U.S.C. 15 ), is amended by inserting after subsection (d), as added by section 507 of this Act, the following: (e) (1) In this subsection, the term covered antitrust laws means any provision of the antitrust laws, other than section 7 of this Act. (2) (A) In an action brought by the Assistant Attorney General in an appropriate district court of the United States, the court may impose a civil fine against any person who engaged in a knowing violation of any provision of the covered antitrust laws. (B) The maximum amount of a civil fine imposed on a person under subparagraph (A) shall be 15 percent of the total of the gross income of the person from the line of business at issue during each year during which the person engaged in the violation. (3) A civil fine under paragraph (2) shall be in addition to any damages awarded or other remedy imposed in connection with the violation of the provision of the covered antitrust laws. . 509. Direct evidence of intent to avoid or restrict competition The Clayton Act ( 15 U.S.C. 12 et seq. ) is amended by inserting after section 28, as added by section 506 of this Act, the following: 29. Direct evidence of intent to avoid or restrict competition In any civil action brought under this Act or the Sherman Act ( 15 U.S.C. 1 et seq. ), if there is direct evidence that the conduct or transaction at issue was undertaken with the clear intent to harm or prevent competition, which shall not require proof that the person knowingly violated the antitrust laws, the court shall deem the conduct or transaction to be anticompetitive. . 510. Limit on contracting The head of an Executive agency may not award a contract for the procurement of goods or services to any person that has been found by a trier of fact in a court of competent jurisdiction to have violated any of the antitrust laws, except for section 7 of the Clayton Act ( 15 U.S.C. 18 ), on or after the date that is 5 years before the date on which the procurement process for the goods or services begins. 511. Prohibiting discrimination in distribution The Clayton Act ( 15 U.S.C. 12 et seq. ) is amended by inserting after section 29, as added by section 509 of this Act, the following: 30. Prohibiting discrimination in distribution (a) Definitions In this section: (1) Distributed product The term distributed product means a good or service that is distributed by a person other than the person which manufactures or provides the good or service. (2) Distribution Market The term distribution market means the geographic and product markets for the distribution of a distributed product. (b) Discrimination by persons with monopoly power A person with monopoly power in a distribution market, that also offers a product or service that competes with a distributed product in the distribution market in which it has monopoly power, may not engage in discrimination in that distribution market that harms competition in the market for the distributed product. . 512. Authorizations of appropriations There is authorized to be appropriated for the Antitrust Division of the Department of Justice $600,000,000 for fiscal year 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s2039is/xml/BILLS-117s2039is.xml |
117-s-2040 | II 117th CONGRESS 1st Session S. 2040 IN THE SENATE OF THE UNITED STATES June 14, 2021 Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prohibit consumer reporting agencies from furnishing a consumer report containing any adverse item of information about a consumer if the consumer is a victim of trafficking, and for other purposes.
1. Short title This Act may be cited as the Debt Bondage Repair Act . 2. Adverse information in cases of trafficking (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by inserting after section 605B the following: 605C. Adverse information in cases of trafficking (a) Definitions In this section: (1) Trafficking documentation The term trafficking documentation means— (A) documentation of— (i) a determination by a Federal or State governmental entity that a consumer is a victim of trafficking; or (ii) a determination by a court of competent jurisdiction that a consumer is a victim of trafficking; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from the severe form of trafficking in persons or sex trafficking of which the consumer is a victim. (2) Victim of trafficking The term victim of trafficking means a person who is a victim of a severe form of trafficking in persons or sex trafficking, as those terms are defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (b) Adverse information A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (c) Rulemaking (1) In general Not later than 180 days after the date of the enactment of this section, the Director shall promulgate regulations to implement subsection (a). (2) Contents The regulations issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies. . (b) Table of contents amendment The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following: 605C. Adverse information in cases of trafficking. . (c) Applicability The amendments made by this section shall apply to any trafficking documentation, as defined in section 605C(a) of the Fair Credit Reporting Act, as added by subsection (a) of this section, provided on or after the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection promulgates regulations pursuant to subsection (c) of section 605C. | https://www.govinfo.gov/content/pkg/BILLS-117s2040is/xml/BILLS-117s2040is.xml |
117-s-2041 | II 117th CONGRESS 1st Session S. 2041 IN THE SENATE OF THE UNITED STATES June 14, 2021 Mr. Manchin (for himself, Mr. Moran , Mr. Boozman , Ms. Collins , and Mr. Cassidy ) 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 direct the Secretary of Veterans Affairs to enforce the licensure requirement for medical providers of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Department of Veterans Affairs Provider Accountability Act . 2. Compliance with requirements for examining qualifications and clinical abilities of health care professionals of Department of Veterans Affairs (a) In general Subchapter I of chapter 74 of title 38, United States Code, is amended by adding at the end the following new section: 7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals (a) Compliance with credentialing requirements The Secretary shall ensure that each medical center of the Department, in a consistent manner— (1) compiles, verifies, and reviews documentation for each health care professional of the Department at such medical center regarding, at a minimum— (A) the professional licensure, certification, or registration of the health care professional; (B) whether the health care professional holds a Drug Enforcement Administration registration; and (C) the education, training, experience, malpractice history, and clinical competence of the health care professional; and (2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (b) Registration regarding controlled substances (1) Except as provided in paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration. (2) The Secretary shall— (A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) with respect to covered health care professionals; and (B) establish a process for medical centers to request such waivers. (3) In carrying out paragraph (1), the Secretary shall ensure that each medical center of the Department monitors the Drug Enforcement Administration registrations of covered health care professionals at such medical center in a manner that ensures the medical center is made aware of any change in status in the registration by not later than seven days after such change in status. (4) If a covered health care professional does not hold an active Drug Enforcement Administration registration, the Secretary shall carry out any of the following actions, as the Secretary determines appropriate: (A) Obtain a waiver pursuant to paragraph (2). (B) Transfer the health care professional to a position that does not require prescribing, dispensing, administering, or conducting research with controlled substances. (C) Take appropriate actions under subchapter V of this chapter, with respect to an employee of the Department, or take appropriate contract administration actions, with respect to a contractor of the Department. (c) Reviews of concerns relating to quality of clinical care (1) The Secretary shall ensure that each medical center of the Department, in a consistent manner, carries out— (A) ongoing, retrospective, and comprehensive monitoring of the performance and quality of the health care delivered by each health care professional of the Department located at the medical center, including with respect to the safety of such care; and (B) timely and documented reviews of such care if an individual notifies the Secretary of any potential concerns relating to a failure of a health care professional of the Department to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (2) The Secretary shall establish a policy to carry out paragraph (1), including with respect to— (A) determining the period by which a medical center of the Department must initiate the review of a concern described in subparagraph (B) of such paragraph following the date on which the concern is received; and (B) ensuring the compliance of each medical center with such policy. (d) Compliance with requirements for reporting quality of care concerns If the Secretary substantiates a concern relating to the clinical competency of, or quality of care delivered by, a health care professional of the Department (including a former health care professional of the Department), the Secretary shall ensure that the appropriate medical center of the Department timely notifies the following entities of such concern, as appropriate: (1) The appropriate licensing, registration, or certification body in each State in which the health care professional is licensed, registered, or certified. (2) The Drug Enforcement Administration. (3) The National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11101 et seq. ). (4) Any other relevant entity. (e) Prohibition on certain settlement agreement terms (1) Except as provided in paragraph (2), the Secretary may not enter into a settlement agreement relating to an adverse action against a health care professional of the Department if such agreement includes terms that require the Secretary to conceal from the personnel file of the employee a serious medical error or lapse in clinical practice that constitutes a substantial failure to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. (2) Paragraph (1) does not apply to adverse actions that the Special Counsel under section 1211 of title 5 determines constitutes a prohibited personnel practice. (f) Training Not less frequently than annually, the Secretary shall provide mandatory training on the following duties to employees of the Department who are responsible for performing such duties: (1) Compiling, validating, or reviewing the credentials of health care professionals of the Department. (2) Reviewing the quality of clinical care delivered by health care professionals of the Department. (3) Taking adverse privileging actions or making determinations relating to other disciplinary actions or employment actions against health care professionals of the Department for reasons relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (4) Making notifications under subsection (d). (g) Definitions In this section: (1) The term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) The term covered health care professional means an individual employed in a position as a health care professional of the Department, or a contractor of the Department, that requires the individual to be authorized to prescribe, dispense, administer, or conduct research with, controlled substances. (3) The term Drug Enforcement Administration registration means registration with the Drug Enforcement Administration under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) by health care practitioners authorized to dispense, prescribe, administer, or conduct research with, controlled substances. (4) The term health care professional of the Department means an individual working for the Department in a position described in section 7401 of this title, including a contractor of the Department serving in such a position. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7413 the following new item: 7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals. . (c) Deadline for implementation The Secretary of Veterans Affairs shall commence the implementation of section 7414 of title 38, United States Code, as added by subsection (a), by the following dates: (1) With respect to subsections (a), (c)(2), (d), and (f) of such section, not later than 180 days after the date of the enactment of this Act. (2) With respect to subsection (c)(1) of such section, not later than one year after the date of the enactment of this Act. (3) With respect to subsection (b)(2) of such section, not later than 18 months after the date of the enactment of this Act. (d) Audits and reports (1) Audits (A) In general The Secretary of Veterans Affairs shall carry out annual audits of the compliance of medical centers of the Department of Veterans Affairs with the matters required by section 7414 of title 38, United States Code, as added by subsection (a). (B) Conduct of audits In carrying out audits under subparagraph (A), the Secretary— (i) may not authorize the medical center being audited to conduct the audit; and (ii) may enter into an agreement with another department or agency of the Federal Government or a nongovernmental entity to conduct such audits. (2) Reports (A) In general Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the audits conducted under paragraph (1). (B) Elements Each report submitted under subparagraph (A) shall include a summary of the compliance by each medical center of the Department of Veterans Affairs with the matters required by section 7414 of title 38, United States Code, as added by subsection (a). (C) Initial report The Secretary shall include in the first report submitted under subparagraph (A) the following: (i) A description of the progress made by the Secretary in implementing section 7414 of title 38, United States Code, as added by subsection (a), including any matters under such section that the Secretary has not fully implemented. (ii) An analysis of the feasibility, advisability, and cost of requiring credentialing employees of the Department to be trained by an outside entity and to maintain a credentialing certification. (e) Report on updates to policy of the Department of Veterans Affairs for reporting patient safety concerns to appropriate State and other entities (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the efforts of the Department of Veterans Affairs to update policies and practices for employees of medical centers of the Department, Veterans Integrated Service Networks, and the Veterans Health Administration to report to State licensing boards, the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11101 et seq. ), and any other relevant entity health care professionals who are employed by or separated from employment with the Department and whose behavior and clinical practice so substantially failed to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. (2) Consultation The report required by paragraph (1) shall include a description of the efforts of the Department to consult with— (A) State licensing boards; (B) the Centers for Medicare & Medicaid Services; (C) the National Practitioner Data Bank; and (D) the exclusive representative of employees of the Department appointed under section 7401(1) of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s2041is/xml/BILLS-117s2041is.xml |
117-s-2042 | II 117th CONGRESS 1st Session S. 2042 IN THE SENATE OF THE UNITED STATES June 14, 2021 Ms. Duckworth (for herself, Mr. Scott of South Carolina , Mr. Cardin , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To reauthorize the Interagency Committee on Women’s Business Enterprise, and for other purposes.
1. Short title This Act may be cited as the Interagency Committee on Women’s Business Enterprise Act of 2021 . 2. Interagency Committee on Women’s Business Enterprise Title IV of the Women’s Business Ownership Act of 1988 ( 15 U.S.C. 7101 et seq. ) is amended— (1) in section 402 ( 15 U.S.C. 7102 )— (A) in subsection (a)— (i) by striking paragraphs (2) and (5); (ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (iii) by adding at the end the following: (4) monitor the plans, programs, and operations of the departments and agencies of the Federal Government to identify barriers to new business formation by women entrepreneurs, or barriers experienced by women-led startups in accessing and participating in the plans, programs, and operations of the departments and agencies of the Federal Government. ; (B) in subsection (b), by inserting after the first sentence the following: In addition to the meetings described in the preceding sentence, the Interagency Committee shall meet at the call of the executive director of the Council or the chairperson of the Interagency Committee. ; and (C) in subsection (c), in the first sentence, by inserting , including through the use of research and policy developed by the Council after Council ; (2) in section 403 ( 15 U.S.C. 7103 )— (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by inserting the executive director of the Council and before 1 representative ; and (II) by adding at the end the following: (K) The National Aeronautics and Space Administration. (L) The Environmental Protection Agency. (M) The Office of Management and Budget. (N) The Bureau of Labor Statistics. (O) The Department of Homeland Security. (P) The Department of Veterans Affairs. ; and (ii) in paragraph (2)— (I) in subparagraph (A), by striking Small Business Administration Reauthorization Act of 1997 and inserting Interagency Committee on Women’s Business Enterprise Act of 2021 ; and (II) in subparagraph (B)— (aa) by striking Small Business ; and (bb) by striking National Women's Business Council established under section 405 and inserting Council ; and (B) by amending subsection (b) to read as follows: (b) Appointment (1) In general Not later than 45 days after the date of enactment of the Interagency Committee on Women’s Business Enterprise Act of 2021 , the President, in consultation with the Administrator, shall appoint one of the members of the Interagency Committee to serve as chairperson. (2) Vacancy In the event that a chairperson is not appointed during the 45-day period described in paragraph (1), the Deputy Administrator of the Small Business Administration shall serve as acting chairperson of the Interagency Committee until a chairperson is appointed under paragraph (1). ; and (3) in section 404 ( 15 U.S.C. 7104 )— (A) in the matter preceding paragraph (1), by striking 1995 and inserting 2021 ; (B) in paragraph (1), by adding and at the end; (C) in paragraph (2), by striking ; and and inserting a period; and (D) by striking paragraph (3). | https://www.govinfo.gov/content/pkg/BILLS-117s2042is/xml/BILLS-117s2042is.xml |
117-s-2043 | II 117th CONGRESS 1st Session S. 2043 IN THE SENATE OF THE UNITED STATES June 14, 2021 Mr. Durbin (for himself, Ms. Collins , Mr. Carper , Mr. Brown , Ms. Hirono , Mr. Wyden , Mrs. Murray , Mr. Booker , Mr. Reed , Mr. Blumenthal , and Mr. Kaine ) 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 prohibit smoking on the premises of any facility of the Veterans Health Administration, and for other purposes.
1. Prohibition on smoking in facilities of the Veterans Health Administration (a) Prohibition (1) In general Section 1715 of title 38, United States Code, is amended to read as follows: 1715. Prohibition on smoking in facilities of the Veterans Health Administration (a) Prohibition No person (including any veteran, patient, resident, employee of the Department, contractor, or visitor) may smoke on the premises of any facility of the Veterans Health Administration. (b) Definitions In this section: (1) The term facility of the Veterans Health Administration means any land or building (including any medical center, nursing home, domiciliary facility, outpatient clinic, or center that provides readjustment counseling) that is— (A) under the jurisdiction of the Department of Veterans Affairs; (B) under the control of the Veterans Health Administration; and (C) not under the control of the General Services Administration. (2) The term smoke includes— (A) the use of cigarettes, cigars, pipes, and any other combustion or heating of tobacco; and (B) the use of any electronic nicotine delivery system, including electronic or e-cigarettes, vape pens, and e-cigars. . (2) Clerical amendment The table of sections at the beginning of subchapter II of chapter 17 of such title is amended by striking the item relating to section 1715 and inserting the following new item: 1715. Prohibition on smoking in facilities of the Veterans Health Administration. . (b) Conforming amendment Section 526 of the Veterans Health Care Act of 1992 ( Public Law 102–585 ; 38 U.S.C. 1715 note) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s2043is/xml/BILLS-117s2043is.xml |
117-s-2044 | II 117th CONGRESS 1st Session S. 2044 IN THE SENATE OF THE UNITED STATES June 14, 2021 Mr. Durbin (for himself, Mrs. Feinstein , Mr. Brown , and Mr. Reed ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to prohibit employment of children in tobacco-related agriculture by deeming such employment as oppressive child labor.
1. Short title This Act may be cited as Children Don't Belong on Tobacco Farms Act . 2. Tobacco-related agriculture employment of children Section 3(l) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(l) ) is amended— (1) in the first sentence— (A) by striking in any occupation, or (2) and inserting in any occupation, (2) ; and (B) by inserting before the semicolon the following: , or (3) any employee under the age of eighteen years has direct contact with tobacco plants or dried tobacco leaves ; and (2) in the second sentence, by striking other than manufacturing and mining and inserting , other than manufacturing, mining, and tobacco-related agriculture as described in paragraph (3) of the first sentence of this subsection, . | https://www.govinfo.gov/content/pkg/BILLS-117s2044is/xml/BILLS-117s2044is.xml |
117-s-2045 | II 117th CONGRESS 1st Session S. 2045 IN THE SENATE OF THE UNITED STATES June 14, 2021 Mr. Cruz (for himself, Mr. Durbin , Mr. Rubio , Mr. Cardin , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the area between the intersections of 16th Street, Northwest and Fuller Street, Northwest and 16th Street, Northwest and Euclid Street, Northwest in Washington, District of Columbia, as Oswaldo Payá Way .
1. Findings Congress finds that— (1) the revolution led by Fidel Castro in Cuba in 1959 started 61 years of an ongoing dictatorship, systemic human rights abuses, and a lack of basic freedom of press, religion, assembly, and association that continue to this day under the Communist rule of Raúl Castro and his successor, Miguel Díaz-Canel; (2) Oswaldo Payá Sardiñas was a Cuban political dissident dedicated to promoting democratic freedoms and human rights in Cuba; (3) the Communist Party of Cuba has always viewed that commitment to democracy and freedom as a threat to the existence of the Communist Party of Cuba; (4) on July 22, 2012, a violent car crash, widely believed to have been carried out by the Castro regime, took the lives of Oswaldo Payá and Harold Cepero, another dissident; (5) the official investigation into the crash has been demonstrated to be compromised, and the Castro regime has offered no plausible evidence of the innocence of the Castro regime in the crash, leaving the circumstances of the death of Oswaldo Payá unknown; (6) opposition by Oswaldo Payá to the Communist Party of Cuba began at a young age, when he refused to become a member of the Young Communist League as a primary school student, and continued through high school, when he publicly criticized the invasion of Czechoslovakia by the Soviet Union; (7) the Communist Party of Cuba responded to the opposition by Oswaldo Payá to the invasion of Czechoslovakia by the Soviet Union by sending Oswaldo Payá to a labor camp for 3 years; (8) Oswaldo Payá forewent a chance to escape Cuba in the 1980 Mariel boatlift, deciding instead to continue the fight for democracy in Cuba, saying, This is what I am supposed to be, this is what I have to do. ; (9) by creating the Varela Project in 1998, Oswaldo Payá demonstrated his staunch commitment to peacefully advocating for freedom of speech and freedom of assembly for his fellow Cubans; (10) in recognition of his determination for political reforms through peaceful protests, Oswaldo Payá was awarded the Sakharov Prize for Freedom of Thought by the European Parliament in 2002 and the W. Averell Harriman Democracy Award from the National Democratic Institute for International Affairs in 2003 and was nominated for the Nobel Peace Prize by former Czech President Václav Havel in 2005; (11) on April 11, 2018, the Senate unanimously passed S. Res. 224, recognizing the sixth anniversary of the death of Oswaldo Payá Sardiñas, commemorating his legacy and commitment to democratic values and principles, and calling on the Cuban government to allow an impartial, third-party investigation into the circumstances surrounding his death; and (12) renaming the street in front of the Embassy of Cuba in the District of Columbia after Oswaldo Payá serves as an expression of solidarity between the people of the United States and the people of the Cuba, who are engaged in a long, nonviolent struggle for fundamental human rights. 2. Designation of Oswaldo Payá Way (a) Designation of Way (1) In general The area between the intersections of 16th Street, Northwest and Fuller Street, Northwest and 16th Street, Northwest and Euclid Street, Northwest in Washington, District of Columbia, shall be known and designated as Oswaldo Payá Way . (2) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the area referred to in paragraph (1) shall be deemed to be a reference to Oswaldo Payá Way. (b) Designation of address (1) Designation The address of 2630 16th Street, Northwest, Washington, District of Columbia, shall be redesignated as 2630 Oswaldo Payá Way. (2) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the address referred to in paragraph (1) shall be deemed to be a reference to 2630 Oswaldo Payá Way. (c) Signs The District of Columbia shall construct 2 street signs that shall— (1) contain the phrase Oswaldo Payá Way ; (2) be placed immediately above existing signs at the intersections of 16th Street, Northwest and Fuller Street, Northwest and 16th Street, Northwest and Euclid Street, Northwest in Washington, District of Columbia; and (3) be similar in design to the signs used by the District of Columbia to designate the location of Metro stations. | https://www.govinfo.gov/content/pkg/BILLS-117s2045is/xml/BILLS-117s2045is.xml |
117-s-2046 | II 117th CONGRESS 1st Session S. 2046 IN THE SENATE OF THE UNITED STATES June 14, 2021 Mr. Van Hollen (for himself, Mr. Merkley , Ms. Baldwin , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for a Community-Based Emergency and Non-Emergency Response Grant Program.
1. Short title This Act may be cited as the Community-Based Response Act of 2021 . 2. Purposes The purposes of this Act are— (1) to provide an additional option beyond law enforcement for community-based emergency and non-emergency response for covered populations in need of help or support, in order to— (A) target the best professional intervention to an individual in need of help or support; and (B) avoid escalation of a crisis situation— (i) that may not require a response from law enforcement; and (ii) to which a law enforcement response can create increased risk of harm; and (2) establishing a grant program to provide that additional response option by awarding funding to partnerships described in section 5(a). 3. Definitions In this Act: (1) Community mental health center The term community mental health center has the meaning given the term in section 1861 of the Social Security Act ( 42 U.S.C. 1395x ). (2) Covered community-based organization The term covered community-based organization means an organization that meets the requirements of section 5(b). (3) Covered population The term covered population means— (A) individuals who are racial or ethnic minorities or members of an Indian tribe; (B) immigrants, including undocumented immigrants, immigrants who have recently entered the United States, and refugees; (C) individuals with limited English proficiency, meaning their primary language for communication is not English and communication with emergency responders may be difficult; (D) individuals who are age 60 or older and determined to be likely to be— (i) vulnerable to abuse; or (ii) experiencing health challenges; (E) people with disabilities, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); (F) people in the LGBTQIA+ community; (G) people who are likely to face disproportionate or discriminatory law enforcement contact; (H) people who are or were involved in the criminal justice system; (I) homeless persons, as defined in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ); (J) people facing or with a history of mental or behavioral health crises or who need check-ins for health, safety, or substance use disorder reasons; (K) people experiencing family violence or domestic violence under the laws of the jurisdiction involved, or dating violence; (L) victims of child abuse and children exposed to violence; (M) people who are likely to be engaged in or to experience violence in the community; (N) people with, or recovering from, a substance use disorder; (O) current and former foster youth; (P) youth who are or were involved in the juvenile justice system; (Q) victims of conduct described in section 1591 or 2251 of title 18, United States Code; (R) people who engage in acts defined in paragraph (4) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); (S) adult survivors of sexual assault, as defined under the laws of the jurisdiction involved; (T) victims of trafficking, as defined in section 103 of the Trafficking Victims Protection Act of 2000; (U) out-of-school youth; and (V) people in an acute crisis not covered under subparagraphs (A) through (U). (4) Dating violence The term dating violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (5) Immigration terms (A) Immigrant The term immigrant means an alien who has entered the United States. (B) Undocumented immigrant The term undocumented immigrant means an alien who is unlawfully present in the United States. (6) Indian tribe; tribal organization The terms Indian tribe and tribal organization have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Institution of higher education The term institution of higher education means— (A) such an institution as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); and (B) a tribally controlled college or university as defined in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 ). (8) Out-of-school youth The term out-of-school youth means an individual who is— (A) not attending any school (as defined under State law); (B) not younger than age 16 or older than age 24; and (C) one or more of the following: (i) A young person who has dropped out of school. (ii) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. (iii) A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is either basic skills deficient or an English language learner (as such 3 terms are defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )). (iv) An individual who is subject to the criminal justice system. (v) An individual who experiences homelessness, a homeless child or youth, or a runaway. (vi) An individual— (I) who is in foster care, who has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption; (II) who is a child eligible for assistance under section 477 of the Social Security Act ( 42 U.S.C. 677 ); or (III) who is a child in an out-of-home placement. (vii) An individual who is pregnant or parenting. (viii) An individual with a disability (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )). (ix) A low-income individual (as defined in that section 3) who requires additional assistance to enter or complete an educational program or to secure or hold employment. (9) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living and in consultation with the Assistant Secretary for Mental Health and Substance Use, the Secretary of Housing and Urban Development, and the Attorney General. (10) Substance use disorder The term substance use disorder means such a disorder within the meaning of title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ). 4. Establishment of grant program The Secretary shall establish a Community-Based Emergency and Non-Emergency Response Grant Program to improve community-based emergency and non-emergency response for public safety and problem solving, and to promote the safety and well-being of the populations and communities served under the program by— (1) identifying eligible organizations with demonstrated capacity for emergency and non-emergency response work, including violence interruption, community mediation, and crisis behavioral health response, who are capable of providing, and increasing the capacity of the localities to provide, emergency and non-emergency response for specified covered populations; (2) developing a local infrastructure of systems and resources needed to develop, implement, and sustain effective interventions to protect the mental and physical well-being of members of the community, prevent violence, de-escalate volatile situations, ensure access to human services, protect property and the environment, reduce law enforcement use of force, and ensure the health and safety of communities, while decreasing the sole reliance on law enforcement for emergency and non-emergency situations; (3) creating and strengthening formal and informal partnerships, for such purposes as providing solutions and committing resources to sustain and scale up successful models of community-based emergency and non-emergency response; and (4) providing timely evaluation to clarify the outcomes and costs of the program, and the new interventions and service models provided through the program, for service recipients and law enforcement. 5. Eligible partnerships (a) In general To be eligible to receive a grant under this title Act, an entity shall be a partnership of— (1) (A) a unit of local government (or its contractor), or Indian tribe or tribal organization, acting through an entity that is independent of any law enforcement agency; and (B) a covered community-based organization; and (2) if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization. (b) Community-Based organization A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. 6. Planning grants (a) In general In carrying out the Program, the Secretary shall use not more than 10 percent of the amount appropriated under section 13(1) to make planning grants to eligible partnerships to engage, with meaningful participation from the covered populations and covered community-based organizations involved, in comprehensive design of a community response plan, in order to prepare a high-quality application for an initiation grant. (b) Application To be eligible to receive a planning grant under this section, an eligible partnership shall submit to the Secretary a planning application at such time, in such manner, and containing such information as the Secretary may require, including information on— (1) the covered populations that will be consulted through the planning process; (2) how the partnership will engage entities that are led by the covered populations; and (3) how the partnership will solicit and confirm support from covered populations and community stakeholders in the plan. 7. Initiation and continuation grants (a) Initiation grants In carrying out the Program, the Secretary shall make initiation grants to not fewer than 40 eligible partnerships, including not fewer than 4 eligible partnerships that include Indian tribes or tribal organizations, of which not fewer than 2 shall be eligible partnerships led by an Indian tribe or tribal organization, to carry out projects to meet the objectives described in subsection (a). The Secretary shall make the grants for periods of 5 years. The Secretary shall make the grants to partnerships in geographically diverse areas, including urban and rural communities, and in communities with varying population sizes. (b) Continuation grants (1) In general In carrying out the Program, the Secretary shall make continuation grants to eligible partnerships who are recipients of the initiation grants and who are determined by the Secretary to be in good standing on completion of the grant period for those grants, to pay for the Federal share of the cost of carrying out projects to meet the objectives described in subsection (a). The Secretary shall make the continuation grants for periods of 2 years. (2) Non-federal share The non-Federal share of the costs described in this subsection shall be 25 percent. The eligible partnership receiving such a continuation grant shall provide the non-Federal share from State, tribal, local, or private sources. 8. Initiation and continuation grant applications (a) In general To be eligible to receive an initiation or continuation grant under section 7 for a project, a partnership shall submit an application (which, for a continuation grant, shall be an update of the partnership’s initiation grant application) to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, including— (1) information that specifies in detail— (A) the covered populations that the partnership will target for services under this Act; (B) the experience of the members of the partnership in successfully working in the community to be served and partnering with the target populations, including— (i) for a partnership that includes an Indian tribe or tribal organization, an understanding of tribal sovereignty; and (ii) for a partnership not described in clause (i), the partnership’s understanding of racial equity, systems of oppression, and the impact of structural racism on the community and population to be served, the partnership’s commitment to promoting anti-racism, anti-bias, and equity, dismantling such systems, and reducing such impact, and an established record of accomplishment in improving outcomes or preventing, reducing, or eliminating inequities in that community; (C) how the grant funds will be used; (D) the expertise of the partnership, including its staff, in implementing the project to provide the proposed services; (E) how the partnership will implement or develop practices with clear methods of evaluation, including development of culturally informed practices, in carrying out the project, including references to applicable research or demonstrated practices; and (F) the partnership’s plan for gathering feedback from service recipients about the quality of the services, including contacts and resources, provided through the project; and (2) a memorandum of understanding that— (A) identifies each partner (including each agency of the unit of local government or Indian tribe or tribal organization, as applicable, involved) and is signed by a representative of each partner in the partnership carrying out the project; and (B) outlines— (i) the partnership’s engagement with the community, including members of the covered population, and the role the engagement played in developing the project; (ii) the financial and programmatic commitment of each partner, and the specific role of a law enforcement agency if involved in a backup role; (iii) the responsibilities of emergency dispatch operators, dispatchers, and partners in the national 911 system, in properly identifying calls in the community to be served necessitating a community-based emergency and non-emergency response and directing those calls to appropriate responders; (iv) the responsibilities of information and referral systems for essential community services (accessed in most localities by dialing 211) and the National Suicide Prevention Hotline (to be accessed by dialing 988) for participating in efficiently routing direct callers to services; (v) the responsibilities of each partner with respect to data collection and evaluation; (vi) how each partner’s existing (as of the date of submission of the application) vision, theory of change, theory of action, anti-racist and anti-bias practice, and activities align with those of the grant program set forth in this Act; (vii) the governance structure proposed for the project, including a system for holding partners accountable; (viii) how the eligible partners’ governing boards or advisory boards, and emergency responders, are representative of the community to be served; (ix) how a structure through which residents of the community and grassroots organizations will have an active role in the eligible partnership’s decision making; (x) how the partnership anticipates that the project involved will decrease the responsibilities of local law enforcement, including responsibilities related to policing, arrests, and incarceration, and of other public safety entities; (xi) any voluntary, community-based mental health services and other support services that the partnership is committing to provide; (xii) any State or local laws that may be an impediment to implementation of the project; and (xiii) any other information the Secretary reasonably determines to be necessary. (b) Priority In making initiation and continuation grants under section 7, the Secretary shall give priority to— (1) eligible partnerships that include covered community-based organizations with a documented record of effectively serving 1 or more covered populations; (2) eligible partnerships that include covered community-based organizations that are led by individuals who are members of the covered populations to be served; (3) eligible partnerships that include a unit of local government that commits to increasing resources for community-based mental health services and housing, with the goals of— (A) reducing the incarceration and death of persons with a mental illness or an intellectual or developmental disability; and (B) increasing referrals of persons with a mental illness or an intellectual or developmental disability to voluntary, community-based mental health services and other support services (rather than institutionalization); and (4) eligible partnerships that have successfully executed planning under a planning grant. (c) Consideration In reviewing applications for grants described in section 7, the Secretary shall consider applications with innovative proposals and clear methods of evaluation. 9. Use of funds (a) In general An eligible partnership that receives a grant under section 7 for a project may use the grant funds for— (1) project planning and community engagement; (2) project implementation; (3) staffing and recruitment; (4) facilities; (5) operational costs, including costs of startup or expansion activities, marketing, language translation, and transportation; (6) engagement with technical assistance providers; (7) consulting services; (8) training; (9) program and project evaluation, including evaluation of program and project efficacy, staff performance, and service delivery; (10) programming and service interventions that include— (A) activities that prioritize human service interventions, by entities other than law enforcement, over interventions by law enforcement; or (B) activities that include triaging emergencies, through emergency dispatch operators, in a manner that results in referral to a wholly nonpolice entity; and (11) programming and service interventions that may include— (A) activities that include co-occurring law enforcement and human services activities, such as responses to calls about dating violence; (B) activities that include followup by human services organizations after contact by law enforcement, such as community mediation, social services, or behavioral health services; (C) training for emergency dispatch operators; and (D) training for community members, or family members of people requiring emergency or non-emergency response, to facilitate comprehensive and clear communication with emergency dispatch operators to ensure that necessary information is conveyed about when an intervention by a nonpolice human services organization is the most appropriate response. (b) Funding limitation None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. 10. Technical assistance The Secretary shall arrange for a national technical assistance provider for organizations described in section 5, to provide technical assistance support and develop and disseminate best practices for projects carried out under this Act. 11. Annual reporting requirements Each recipient of a grant under section 7 for a project is required to submit an annual report to the Secretary that details— (1) the specific uses of the grant funds; (2) the number of individuals contacted through the project; (3) the number of individuals connected with ongoing services or resources through the project, disaggregated by race, ethnicity, gender, sexual orientation and gender identity, disability status, and other characteristics; (4) the quality of the contacts, services, and resources, as reported by the individuals contacted; (5) any evidence of positive outcomes following the contacts or connections; (6) any evidence of negative outcomes that may have occurred following the contacts or connections; (7) the percentage of total emergency calls diverted from law enforcement to the grant recipient; (8) the percentage of emergency calls diverted to the grant recipient that have been addressed; (9) the extent to which the grant recipient is hiring or training individuals from within the covered population, and the recruitment, hiring, training, and retention practices for such individuals; (10) any related reduction in the number of calls to law enforcement over the period of the project; (11) any changes in the types of calls made to the 911 system, to the extent that it is practicable to report information on such changes; (12) any increases in the number of calls to the 211 (or equivalent) systems for essential non-emergency community services or calls to the 988 National Suicide Prevention Hotline over the period of the project; (13) any related reduction in the budget of the law enforcement agency that has jurisdiction over the community served by the eligible partnership over that period; (14) any State or local laws that were an impediment to implementation of the project; and (15) any evidence of completed in-home, teletherapy, or in-community responses that included counseling, crisis response, family treatment, mediation, or other evidence-based interventions that addressed complex needs not able to be resolved by non-emergency calls alone. 12. Evaluation and report Not later than October 1, 2027, the Secretary shall— (1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (15) of section 11; and (2) submit to Congress a report containing the evaluation. 13. Authorization of appropriations There is authorized to be appropriated— (1) to carry out planning and initiation grants under this Act, $100,000,000 for each of fiscal years 2022 through 2026; and (2) to carry out continuation grants under this Act, $75,000,000 for each of fiscal years 2027 and 2028. | https://www.govinfo.gov/content/pkg/BILLS-117s2046is/xml/BILLS-117s2046is.xml |
117-s-2047 | II 117th CONGRESS 1st Session S. 2047 IN THE SENATE OF THE UNITED STATES June 14, 2021 Ms. Collins (for herself, Mr. Blumenthal , Mrs. Feinstein , Ms. Hassan , Mrs. Shaheen , Mrs. Gillibrand , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ban the use of intentionally added perfluoroalkyl or polyfluoroalkyl substances in cosmetics.
1. Short title This Act may be cited as the No PFAS in Cosmetics Act . 2. Ban on perfluoroalkyl or polyfluoroalkyl substances (a) Directed rulemaking Not later than 270 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall issue a proposed rule to ban the use of intentionally added perfluoroalkyl or polyfluoroalkyl substances in cosmetics. Not later than 90 days after issuing the proposed rule, the Secretary shall finalize such rule. (b) Definition In this section, the term perfluoroalkyl or polyfluoroalkyl substance means a perfluoroalkyl or polyfluoroalkyl substance that is man-made and has at least 1 fully fluorinated carbon atom. | https://www.govinfo.gov/content/pkg/BILLS-117s2047is/xml/BILLS-117s2047is.xml |
117-s-2048 | II 117th CONGRESS 1st Session S. 2048 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Brown (for himself, Ms. Collins , Mr. Whitehouse , and Mrs. Capito ) 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 count a period of receipt of outpatient observation services in a hospital toward satisfying the 3-day inpatient hospital requirement for coverage of skilled nursing facility services under Medicare.
1. Short title This Act may be cited as the Improving Access to Medicare Coverage Act of 2021 . 2. Counting a period of receipt of outpatient observation services in a hospital toward the 3-day inpatient hospital requirement for coverage of skilled nursing facility services under Medicare (a) In general Section 1861(i) of the Social Security Act ( 42 U.S.C. 1395x(i) ) is amended by adding at the end the following: For purposes of this subsection, an individual receiving outpatient observation services shall be deemed to be an inpatient during such period, and the date such individual ceases receiving such services shall be deemed the hospital discharge date (unless such individual is admitted as a hospital inpatient at the end of such period). . (b) Effective date The amendment made by subsection (a) shall apply to receipt of outpatient observation services beginning on or after January 1, 2021, but applies to a period of post-hospital extended care services that was completed before the date of the enactment of this Act only if an administrative appeal is or has been made with respect to such services not later than 90 days after the date of the enactment of this Act. Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement such amendment through an interim final regulation, program instruction, or otherwise. | https://www.govinfo.gov/content/pkg/BILLS-117s2048is/xml/BILLS-117s2048is.xml |
117-s-2049 | II 117th CONGRESS 1st Session S. 2049 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Brown (for himself, Mr. Blunt , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require a study and report on the housing and service needs of survivors of trafficking and individuals at risk for trafficking.
1. Short title This Act may be cited as the Trafficking Survivors Housing Act of 2021 . 2. Study and report on housing and service needs of survivors of trafficking and individuals at risk for trafficking (a) Definitions In this section: (1) Survivor of a severe form of trafficking The term survivor of a severe form of trafficking has the meaning given the term victim of a severe form of trafficking in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (2) Survivor of trafficking The term survivor of trafficking has the meaning given the term victim of trafficking in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (b) Study (1) In general The United States Interagency Council on Homelessness shall conduct a study assessing the availability and accessibility of housing and services for individuals experiencing homelessness or housing instability who are— (A) survivors of trafficking, including survivors of severe forms of trafficking; or (B) at risk of being trafficked. (2) Coordination and consultation In conducting the study required under paragraph (1), the United States Interagency Council on Homelessness shall— (A) coordinate with— (i) the Interagency Task Force to Monitor and Combat Trafficking established under section 105 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103 ); (ii) the United States Advisory Council on Human Trafficking; (iii) the Secretary of Housing and Urban Development; (iv) the Secretary of Health and Human Services; and (v) the Attorney General; and (B) consult with— (i) the National Advisory Committee on the Sex Trafficking of Children and Youth in the United States; (ii) survivors of trafficking; (iii) direct service providers, including— (I) organizations serving runaway and homeless youth; (II) organizations serving survivors of trafficking through community-based programs; and (III) organizations providing housing services to survivors of trafficking; and (iv) housing and homelessness assistance providers, including recipients of grants under— (I) the continuum of care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ); and (II) the Emergency Solutions Grants Program authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11371 et seq. ). (3) Contents The study conducted under paragraph (1) shall include— (A) with respect to the individuals described in that paragraph— (i) an evaluation of formal assessments and outreach methods used to identify and assess the housing and service needs of those individuals, including outreach methods to— (I) ensure effective communication with individuals with disabilities; and (II) reach individuals with limited English proficiency; (ii) a review of the availability and accessibility of homelessness or housing services for those individuals, including the family members of those individuals who are minors involved in foster care systems, that identifies the disability-related needs of those individuals, including the need for housing with accessibility features; (iii) the effect of any policies and procedures of mainstream homelessness or housing services that facilitate or limit the availability of those services and accessibility for those individuals, including those individuals who are involved in the legal system, as those services are in effect as of the date on which the study is conducted; (iv) an identification of best practices in meeting the housing and service needs of those individuals; and (v) an assessment of housing discrimination against survivors of trafficking who are members of a protected class under the Fair Housing Act ( 42 U.S.C. 3601 et seq. ); (B) an assessment of the ability of mainstream homelessness or housing services to meet the specialized needs of survivors of trafficking, including trauma responsive approaches specific to labor and sex trafficking survivors; and (C) an evaluation of the effectiveness of, and infrastructure considerations for, housing and service-delivery models that are specific to survivors of trafficking, including survivors of severe forms of trafficking, including emergency rental assistance models. (c) Report Not later than 1 year after the date of enactment of this Act, the United States Interagency Council on Homelessness shall— (1) submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing the information described in subparagraphs (A) through (C) of subsection (b)(3); and (2) make the report submitted under paragraph (1) publicly available. | https://www.govinfo.gov/content/pkg/BILLS-117s2049is/xml/BILLS-117s2049is.xml |
117-s-2050 | II 117th CONGRESS 1st Session S. 2050 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Crapo (for himself, Ms. Ernst , Mr. Cramer , Mr. Risch , Mr. Moran , Mr. Cornyn , Mr. Marshall , Mr. Boozman , Mrs. Capito , Mr. Lankford , Mr. Cotton , Mr. Braun , Mr. Scott of South Carolina , Mr. Inhofe , and Mr. Tillis ) 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 remove silencers from the definition of firearms, and for other purposes.
1. Short title This Act may be cited as the Hearing Protection Act . 2. Equal treatment of silencers and firearms (a) In general Section 5845(a) of the Internal Revenue Code of 1986 is amended by striking (7) any silencer and all that follows through ; and (8) and inserting and (7) . (b) Effective date The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. 3. Treatment of certain silencers Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (f) Firearm silencers A person acquiring or possessing a firearm silencer in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act with respect to such silencer. . 4. Preemption of certain State laws in relation to firearm silencers Section 927 of title 18, United States Code, is amended by adding at the end the following: Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping or registration requirement with respect to such a firearm silencer, shall have no force or effect. . 5. Destruction of records Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy any registration of a silencer maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, any application to transfer filed under section 5812 of the Internal Revenue Code of 1986 that identifies the transferee of a silencer, and any application to make filed under section 5822 of the Internal Revenue Code of 1986 that identifies the maker of a silencer. 6. Amendments to title 18, United States Code Chapter 44 of title 18, United States Code, is amended— (1) in section 921(a), by striking paragraph (24) and inserting the following: (24) (A) The terms firearm silencer and firearm muffler mean any device for silencing, muffling, or diminishing the report of a portable firearm, including the keystone part of such a device. (B) The term keystone part — (i) means, with respect to a firearm silencer or firearm muffler, an externally visible part of a firearm silencer or firearm muffler, without which a device capable of silencing, muffling, or diminishing the report of a portable firearm cannot be assembled; and (ii) does not include any interchangeable parts designed to mount a firearm silencer or firearm muffler to a portable firearm. ; (2) in section 922(b)— (A) in paragraph (1), by striking shotgun or rifle the first place it appears and inserting shotgun, rifle, firearm silencer, or firearm muffler ; and (B) in paragraph (3), by striking rifle or shotgun and inserting shotgun, rifle, firearm silencer, or firearm muffler ; and (3) in section 923(i)— (A) by striking Licensed and inserting the following: (1) In the case of a firearm other than a firearm silencer or firearm muffler, licensed ; and (B) by adding at the end the following: (2) In the case of a firearm silencer or firearm muffler, licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the keystone part of the firearm silencer or firearm muffler, in such manner as the Attorney General shall by regulations prescribe, each firearm silencer or firearm muffler imported or manufactured by such importer or manufacturer, except that, if a firearm silencer or firearm muffler does not have a clearly identifiable keystone part or has multiple keystone parts, licensed importers or licensed manufacturers shall submit a request for a marking variance to the Attorney General. The Attorney General shall grant such a request except on showing good cause that marking the firearm silencer or firearm muffler as requested would not further the purposes of this chapter. . 7. Imposition of tax on firearm silencers or firearm mufflers (a) In general Section 4181 of the Internal Revenue Code of 1986 is amended by adding at the end of the list relating to Articles taxable at 10 percent the following: Firearm silencers or firearm mufflers. . (b) Firearm silencers; firearm mufflers Section 4181 of such Code is amended by adding at the end the following: For purposes of this part, the terms ‘firearm silencer’ and ‘firearm muffler’ mean any device for silencing, muffling, or diminishing the report of a portable firearm. . (c) Conforming amendments (1) Section 4181 of such Code is amended by striking other than pistols and revolvers and inserting other than articles taxable at 10 percent under this section . (2) Section 4182(b) of such Code is amended by striking firearms, pistols, revolvers, shells, and cartridges and inserting articles described in section 4181 and . (3) Section 4182(c)(1) of such Code is amended by striking or firearm and inserting firearm, firearm silencer, or firearm muffler, . (d) Effective date The amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer in any calendar quarter beginning more than 90 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2050is/xml/BILLS-117s2050is.xml |
117-s-2051 | II 117th CONGRESS 1st Session S. 2051 IN THE SENATE OF THE UNITED STATES June 15, 2021 Ms. Duckworth (for herself, Ms. Murkowski , Mr. Brown , and Ms. Klobuchar ) 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 coverage for custom fabricated breast prostheses following a mastectomy.
1. Short title; findings (a) Short title This Act may be cited as the Breast Cancer Patient Equity Act of 2021 . (b) Findings Congress finds the following: (1) There are currently more than 3,800,000 women with a history of breast cancer in the United States, many of whom experience unreconstructed breast loss. (2) In 2021, an estimated 281,550 women will be diagnosed with invasive breast cancer that requires surgery, with many having to undergo surgical breast removal. (3) In 2021, an estimated 43,600 women in the United States are expected to die from breast cancer. (4) Annually, there are more than 100,000 women in the United States who undergo mastectomies, a surgical removal of the breast. (5) The number of breast mastectomies in the United States has increased among younger women. (6) The results of breast reconstruction surgery can vary and, as with any surgical procedure, there are inherent risks associated with such surgery. Additionally, reconstruction of the breast using implants requires lifelong follow up to ensure the health of the patient. (7) While the number of women choosing to undergo surgical breast reconstruction continues to increase, many women continue to lack the viable option of custom fabricated prosthetic breasts to restore the lost breast. (8) Both older women and women of color are less likely to be offered or undergo surgical breast reconstruction and are disproportionately disadvantaged by a lack of access to the option of custom fabricated prosthetic breasts. (9) Currently, the Medicare program provides coverage and reimbursement for custom fabricated prostheses for any body part, with the exception of breasts, that has been lost. (10) Following passage of the Women's Health and Cancer Rights Act of 1998 ( Public Law 105–277 ; 42 U.S.C. 201 note), many private insurers and group health plans began to provide coverage for custom fabricated breast prostheses as an alternative to surgical breast reconstruction. (11) While the Medicare program recognizes custom fabricated breast prostheses as a discrete device and valid treatment option, having assigned a billing code for such option under the Healthcare Common Procedure Coding System ( HCPCS ) and setting a maximum allowable fee, Medicare does not provide reimbursement and denies claims as ‘not medically necessary’. Medicare does provide reimbursement, however, for more costly surgical breast reconstruction. (12) Due to the fact that the Medicare program does not provide reimbursement for custom fabricated breast prostheses, many private insurance companies have also begun to limit their reimbursement for them. (13) The Department of Veterans Affairs does provide the option of a custom fabricated prosthetic breast for women post-mastectomy. (14) Providing coverage for custom fabricated prosthetic breast devices and components will not increase the incidence of breast mastectomies. 2. Coverage (a) In general Section 1861(s)(8) of the Social Security Act ( 42 U.S.C. 1395x(s)(8) ) is amended— (1) by adding and after the semicolon at the end; (2) by inserting (A) after (8) ; and (3) by inserting after subparagraph (A) the following new subparagraph: (B) custom fabricated breast prostheses following surgical removal of the breast, including replacement of such prostheses; . (b) Conforming amendment Section 1862(a)(7) of such Act ( 42 U.S.C. 1395y(a)(7) ) is amended by striking 1861(s)(8) and inserting 1861(s)(8)(A) . (c) Effective date The amendments made by this section shall apply to items and services furnished on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2051is/xml/BILLS-117s2051is.xml |
117-s-2052 | II 117th CONGRESS 1st Session S. 2052 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Markey (for himself, Mr. Merkley , Mr. Sanders , Ms. Warren , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit biometric surveillance by the Federal Government without explicit statutory authorization and to withhold certain Federal public safety grants from State and local governments that engage in biometric surveillance.
1. Short title This Act may be cited as the Facial Recognition and Biometric Technology Moratorium Act of 2021 . 2. Definitions In this Act: (1) Biometric surveillance system The term biometric surveillance system means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph. (2) Byrne grant program The term Byrne grant program means the grant program authorized under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. ), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (3) Facial recognition The term facial recognition means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual’s face; or (B) logs characteristics of an individual’s face, head, or body to infer emotion, associations, activities, or the location of an individual. (4) Federal official The term Federal official means any officer, employee, agent, contractor, or subcontractor of the Federal Government. (5) In the united states The term in the United States means all areas within the external boundary of the United States, its territories and possessions, including airports, ports of entry, and border zones. (6) Other remote biometric recognition The term other remote biometric recognition — (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual’s gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints. (7) Voice recognition technology The term voice recognition technology means the automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual’s voice. 3. Prohibition on Federal Government use of biometric surveillance (a) In general Except as provided in subsection (b), it shall be unlawful for any Federal agency or Federal official, in an official capacity, to acquire, possess, access, or use in the United States— (1) any biometric surveillance system; or (2) information derived from a biometric surveillance system operated by another entity. (b) Exception The prohibition set forth in subsection (a) does not apply to activities explicitly authorized by an Act of Congress that describes, with particularity— (1) the entities permitted to use the biometric surveillance system, the specific type of biometric authorized, the purposes for such use, and any prohibited uses; (2) standards for use and management of information derived from the biometric surveillance system, including data retention, sharing, access, and audit trails; (3) auditing requirements to ensure the accuracy of biometric surveillance system technologies, standards for minimum accuracy rates, and accuracy rates by gender, skin color, and age; (4) rigorous protections for due process, privacy, free speech and association, and racial, gender, and religious equity; and (5) mechanisms to ensure compliance with the provisions of the Act. (c) Judicial investigations and proceedings (1) Admissibility Except in a judicial investigation or proceeding alleging a violation of this section, information obtained in violation of this section is not admissible by the Federal Government in any criminal, civil, administrative, or other investigation or proceeding. (2) Cause of action (A) In general A violation of this section constitutes an injury to any individual aggrieved by a violation of this Act. (B) Right to sue An individual described in subparagraph (A) may institute proceedings against the Federal Government whose official is alleged to have violated this section for the relief described in subparagraph (D) in any court of competent jurisdiction. (C) Enforcement by state attorneys general The chief law enforcement officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce this Act, whenever the chief law enforcement officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act. (D) Relief In a civil action brought under subparagraph (B) in which the plaintiff prevails, the court may award— (i) actual damages; (ii) punitive damages; (iii) reasonable attorneys’ fees and costs; and (iv) any other relief, including injunctive relief, that the court determines to be appropriate. (d) Civil penalties Any Federal official who is found to have violated this section may be subject to retraining, suspension, termination, or any other penalty, as determined in an appropriate tribunal, subject to applicable due process requirements. (e) Federal funding (1) In general No Federal funds may be obligated or expended by a Federal law enforcement agency for the purchase or use of a biometric surveillance system. (2) Unallocated funds No Federal agency may use any unallocated funds appropriated to the agency for the purchase or use of a biometric surveillance system. (f) Rules of construction Nothing in this section may be construed— (1) to prohibit the National Institute of Standards and Technology (NIST) from testing or researching biometric surveillance systems or other remote biometric recognition technologies in commercial use; or (2) to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the limitations described in this section. 4. Moratorium on State and local government use of biometric surveillance systems (a) Federal financial assistance Beginning on the first day of the first fiscal year beginning after the date of the enactment of this Act, a State or unit of local government is ineligible to receive Federal financial assistance under the Byrne grant program unless the State or unit of local government is complying with a law or policy that is substantially similar to the prohibition set forth in section 3(a). (b) Rule of construction Nothing in this section may be construed to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the prohibition set forth in section 3(a). | https://www.govinfo.gov/content/pkg/BILLS-117s2052is/xml/BILLS-117s2052is.xml |
117-s-2053 | II 117th CONGRESS 1st Session S. 2053 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Young (for himself, Ms. Sinema , and Mr. Cruz ) 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 permit the use of incentive payments to expedite certain federally financed airport development projects.
1. Short title This Act may be cited as the Expedited Delivery of Airport Infrastructure Act of 2021 . 2. Allowable cost standards for airport development projects (a) In general Section 47110(b)(1) of title 49, United States Code, is amended— (1) by striking (1) if the cost necessarily and inserting (1)(A) if the cost necessarily ; (2) by striking the semicolon at the end and inserting ; or ; and (3) by adding at the end the following: (B) is an incentive payment incurred in carrying out the project described in subparagraph (A) that is to be provided to a contractor upon early completion of a project, if— (i) such payment does not exceed the lesser of 5 percent of the initial construction contract amount or $1,000,000; (ii) the level of contractor’s control of, or access to, the worksite necessary to shorten the duration of the project does not negatively impact the operation of the airport; (iii) the contract specifies application of the incentive structure in the event of unforeseeable, non-weather delays beyond the control of the contractor; (iv) nothing in any agreement with the contractor prevents the airport operator from retaining responsibility for the safety, efficiency, and capacity of the airport during the execution of the grant agreement; and (v) the Secretary determines that the use of an incentive payment is likely to increase airport capacity or efficiency or result in cost savings as a result of shortening the project’s duration; . (b) Technical correction Section 47110(e)(7) of title 49, United States Code, is amended by striking (7) Partnership Program Airports .— and inserting (7) Partnership program airports .— . | https://www.govinfo.gov/content/pkg/BILLS-117s2053is/xml/BILLS-117s2053is.xml |
117-s-2054 | II 117th CONGRESS 1st Session S. 2054 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Reed (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to strengthen Federal-State partnerships in postsecondary education.
1. Short title This Act may be cited as the Partnerships for Affordability and Student Success Act . 2. State commitment to affordable college education Section 137 of the Higher Education Act of 1965 ( 20 U.S.C. 1015f ) is amended— (1) by striking subsection (a) and inserting the following: (a) Maintenance of effort required For the academic year beginning on July 1, 2021, and for each of the 4 succeeding academic years, a State shall— (1) maintain State support for institutions of higher education (not including support for capital projects or research and development, or tuition and fees paid by students) at a level that is equal to or greater than the average level of such support for the 3 most recent academic years for which satisfactory data are available; and (2) maintain State support for student financial aid for paying costs associated with postsecondary education at a level that is equal to or greater than the average level of such support for the 3 most recent academic years for which satisfactory data are available. ; (2) by striking subsection (c) and inserting the following: (c) Waiver (1) In general The Secretary shall waive the requirements of subsection (a) if the Secretary determines that such a waiver would be appropriate due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous decline in the financial resources of a State or State educational agency, as appropriate. (2) Consultation The Secretary shall consult with the States in developing the criteria and procedures for reviewing waiver requests. (3) Timeline Not later than 120 days after the date of enactment of the Partnerships for Affordability and Student Success Act , the Secretary shall publish the criteria and procedures for reviewing waiver requests under this subsection. ; and (3) by striking subsection (d). 3. Federal and State partnerships for college access, affordability, and completion Subpart 4 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070c et seq. ) is amended to read as follows: 4 Federal and State partnerships for college access, affordability, and completion 415A. Purpose It is the purpose of this subpart for the Secretary to make incentive grants to States to assist States in— (1) providing grants to eligible students attending institutions of higher education or participating in programs of study abroad that are approved for credit by institutions of higher education at which such students are enrolled; (2) reducing the cost of attendance at public institutions of higher education; (3) providing subgrants to eligible institutions or consortia of eligible institutions— (A) to improve student outcomes, such as completion and transfer rates, attainment of postsecondary degrees and credentials, and workforce outcomes for graduates; and (B) to develop and implement practices that result in reduced costs for students; and (4) providing public accountability and consumer information on the performance of institutions of higher education operating within the State. 415B. State eligibility; eligible institutions (a) Incentive grants The Secretary shall award incentive grants, in accordance with the provisions of this subpart, to States to pay the Federal share of the cost of carrying out the activities described in paragraphs (1) through (3) of section 415A. The incentive grant shall consist of the allotment determined for the State under section 415C. (b) State eligibility In order to be eligible to receive an incentive grant under this subpart, a State shall enter into an agreement with the Secretary. The agreement shall contain the following assurances: (1) Federal funds received by the State under this subpart will supplement and not supplant other Federal and State funds otherwise available to carry out activities described in this subpart. (2) The State will maintain its commitment to affordable higher education as described in section 137. (3) The State will fulfill its role in program integrity under section 495. (4) The State or a State-designated entity has or will develop a comprehensive plan for public postsecondary education that addresses the following: (A) Measurable goals for student outcomes, including enrollment, completion, and attainment of postsecondary degrees and credentials. (B) Measurable goals for college affordability in the State. (C) Alignment of such plan with the economic development plans that the State may have, including the unified State plan submitted under section 102 of the Workforce Innovation and Opportunity Act. (D) Alignment of such plan with the elementary and secondary education plan for the State. (E) The postsecondary educational needs of unserved and underserved individuals within the State, including individuals beyond traditional college age and students attending part time. (5) The State provides for direct, equitable, and active participation by representatives of institutions of higher education, including the voluntary participation of private, nonprofit institutions of higher education, and other stakeholders in the comprehensive planning process. (c) Eligible institutions In this subpart, the term eligible institution means— (1) an institution of higher education, as defined in section 101(a); (2) an institution of higher education, as defined in section 101(a), in partnership with— (A) a nonprofit or community-based organization that has demonstrated success in improving student outcomes in postsecondary education; or (B) a local workforce investment board; or (3) a consortium of institutions of higher education, as defined in section 101(a). 415C. Allotment among states (a) Allotment based on number of eligible students in attendance (1) In general Except as provided in subsection (b), from the sums appropriated under section 415H for a fiscal year, the Secretary shall allot to each eligible State for such fiscal year an amount equal to the sum of— (A) an amount that bears the same relationship to 50 percent of the amount appropriated under section 415H for such fiscal year as the number of residents in the State aged 5 through 17 who are living below the poverty line applicable to the resident’s family size (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902 )) bears to the total number of such residents in all States; and (B) an amount that bears the same relationship to 50 percent of the amount appropriated under section 415H for such fiscal year as the number of residents in the State aged 25 and older who have not attained a postsecondary degree or credential (as determined by the American Community Survey) bears to the total number of such residents in all States. (2) Data The Secretary shall calculate such ratio based on data for the most recent year for which satisfactory data are available. (b) Minimum allotment The amount of any eligible State's allotment under subsection (a) for any fiscal year may not be less than 1 percent of the sums appropriated under section 415H for such year. (c) Reallotment The amount of any State’s allotment under subsection (a) for any fiscal year which the Secretary determines will not be required for such fiscal year for the Federal-State partnership program of that State shall be available for reallotment from time to time, on such dates during such year as the Secretary may fix, to other States in proportion to the original allotments to such States under such subsection for such year, but with such proportionate amount for any of such States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use for such year for carrying out the State plan. The total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. (d) Allotments subject to compliance The Secretary shall make payments for incentive grants under this subpart only to States that continue to meet the requirements of this subpart. 415D. Applications (a) In general In order to receive an incentive grant under this subpart, the State agency with jurisdiction over higher education, or another agency or entity designated by the Governor or chief executive of the State to administer the program under this subpart, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Content of application An application submitted under subsection (a) shall contain— (1) a description of how grant funds will assist the State in meeting its goals for student outcomes, including enrollment, completion, and attainment of postsecondary degrees and credentials; (2) a description of how the grant funds will assist the State in meeting its goals for college affordability, including any measures to minimize tuition costs at public institutions of higher education and measures to increase the availability of need-based student aid; (3) a description of how grant funds will assist the State in meeting the postsecondary needs of underrepresented or underserved populations in the State, including individuals beyond traditional college age and students attending part time; (4) a description of how the State’s comprehensive plan for public higher education is aligned with the workforce and economic development plans of the State; (5) a description of the process the State will use to make subgrants to eligible institutions or consortia of eligible institutions; (6) a description of how the State will evaluate the effectiveness of such subgrants and how the State will disseminate information on promising practices developed as a result of such subgrants; (7) a description of how the State will make publicly available an annual report on the progress in meeting State goals for public postsecondary education; and (8) a description of the stakeholder consultation, including efforts to engage the voluntary participation of private, nonprofit institutions, carried out in the development of the application. (c) Approval (1) In general An application submitted under subsection (a) shall be subject to the approval of Secretary. (2) Timeline An application submitted under subsection (a) shall be considered to be approved at the end of the 90-day period beginning on the day the application is submitted, unless the Secretary makes a written determination, during the 90-day period, that the application is inconsistent with the provisions of this subpart. 415E. Payment of Federal share of grants (a) In general (1) Distribution A State awarded an incentive grant under this subpart— (A) shall use grant funds to award student grants; and (B) may use grant funds to award subgrants to eligible institutions. (2) Grants to students A State awarded an incentive grant under this subpart shall establish a program to award grants to students that complies with the following: (A) The program is administered by a single State agency. (B) The program provides that an institution of higher education that had a student who received funds under this subpart at any time beginning on July 1, 2010, through the day before the date of enactment of the Partnerships for Affordability and Student Success Act and that is eligible to participate in a program authorized under this title, shall be eligible to participate under this paragraph. (C) The program provides that such grants to students will be in amounts not to exceed the student’s cost of attendance per academic year for attendance at an institution of higher education. Such grants, in combination with other State or Federal student assistance, shall not exceed the student’s cost of attendance in any given academic year. (D) The program provides for the selection of grant recipients on the basis of substantial financial need determined under part F and by the State. (E) The program provides that if the State’s allotment under this subpart is based, in part, on the financial need demonstrated by students who are independent students or attending the institution less than full time, a reasonable proportion of the State’s allotment shall be made available to such students. (F) The program will notify students receiving grants under this subpart that such grants are Federal-State partnership grants and are funded by the Federal Government and the State. (3) Subgrants to eligible institutions A State awarded an incentive grant under this subpart may establish a program to award subgrants to eligible institutions that complies with the following: (A) The program is administered by a single State agency. (B) The program provides for the selection of subgrant recipients based on criteria set by the State agency. (C) The program provides for subgrants that support activities that will assist the State in achieving— (i) the State’s measurable goals for student outcomes, including enrollment, completion, and attainment of postsecondary degrees and credentials; (ii) the State’s measurable goals for college affordability, including innovative methods for reducing costs; and (iii) improved workforce outcomes for graduates. (D) The program provides for public dissemination of the results of the subgrant activities. (4) Fiscal control; reports A State awarded an incentive grant under this subpart shall provide— (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid under this subpart; and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform the Secretary's functions under this subpart. (b) Reservation and disbursement of allotments and reallotments (1) In general Upon approval of an application for an incentive grant under this subpart, the Secretary shall reserve from the applicable allotment (including any applicable reallotment) available, the amount of such payment, which (subject to the limits of such allotment or reallotment) shall be equal to the Federal share of the cost of the grants to students or subgrants to eligible institutions or consortia of such institutions covered by such application. (2) Payment The Secretary shall pay such reserved amount, in advance or by way of reimbursement, and in such installments as the Secretary may determine. (3) Amendment The Secretary may amend the reservation of any amount under this subsection, either upon approval of an amendment of the application or upon revision of the estimated cost of the grants to students or subgrants to eligible institutions with respect to which such reservation was made. If the Secretary approves an upward revision of such estimated cost, the Secretary may reserve the Federal share of the added cost only from the applicable allotment (or reallotment) available at the time of such approval. (c) Federal share The Federal share of the cost of carrying out the activities described in paragraphs (1) through (3) of section 415A is equal to 66.66 percent. (d) Certain activities for which non-Federal share may be provided in cash or In kind For activities described in section 415A(2), the non-Federal share may be provided in cash or in kind, fairly evaluated. (e) Reporting A State that desires to receive payments for continuing incentive grants under this subpart shall report the following information to the Secretary on an annual basis: (1) The State's progress in meeting its goals for college affordability, including measures to minimize tuition increases at public institutions and measures to increase the availability of need-based student aid. (2) The State’s progress in meeting the postsecondary needs of underrepresented or underserved populations in the State. (3) A list of any subgrants made to eligible institutions. (4) The State’s annual report described in section 415F. 415F. Annual reports Each State that receives an allotment under this subpart shall report annually to the public on its progress in meeting its public postsecondary education goals and comprehensive plan for public higher education. Such report shall include— (1) information, as determined by the State in consultation with stakeholders, on student outcomes, including enrollment and completion rates, disaggregated by age, enrollment status, race, ethnicity, disability status, and socio-economic status; (2) information, as determined by the State in consultation with stakeholders, on workforce outcomes for graduates; (3) information on college costs, including tuition increases, student indebtedness, and the availability of need-based aid; and (4) information on the consumer complaints related to the performance of institutions of higher education reported to the State in the prior year. 415G. Participation of private, nonprofit institutions of higher education (a) Voluntary participation A private, nonprofit institution of higher education may voluntarily elect to participate in a State's efforts under the plan described in section 415B(b)(4). A State— (1) shall not require any private, nonprofit institution to participate in such efforts; and (2) may require such an institution that voluntarily elects to participate in such efforts to provide appropriate information to allow the State to assess the institution's progress towards the goals and activities described in subparagraphs (A) through (E) of section 415B(b)(4). (b) Rule of construction Nothing in this subpart, including voluntary participation described in subsection (a), shall be construed to— (1) authorize the Secretary, a State, or an officer or employee of the Department or of a State to exercise any direction, supervision, or control over a private, nonprofit institution of higher education, including control over curriculum, program of instruction, administration, governance, personnel, articulation, the awarding of credit, graduation or degree requirements, or admissions; or (2) limit the application of the General Education Provisions Act. (c) Enforcement If any State fails or refuses to comply with any provision of this section, the State shall no longer be eligible for assistance under this subpart. 415H. Authorization of appropriations; reservations (a) In general There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2022 and each of the 4 succeeding fiscal years. (b) Reservation Not less than 50 percent of funds allotted to a State under this subpart shall be reserved for providing grants to eligible students. (c) Reservation for consumer information and administrative expenses Not more than 8 percent of the funds allotted to a State may be used to provide public accountability and consumer information on the performance of institutions of higher education and for administering the grant. . | https://www.govinfo.gov/content/pkg/BILLS-117s2054is/xml/BILLS-117s2054is.xml |
117-s-2055 | II 117th CONGRESS 1st Session S. 2055 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Grassley (for himself and Mr. Wyden ) 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 and reform rules relating to investigations and whistleblowers, and for other purposes.
1. Short title This Act may be cited as the IRS Whistleblower Program Improvement Act of 2021 . 2. Standard and scope of review of whistleblower award determination (a) In general Paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended— (1) by striking appealed to and inserting reviewed by ; and (2) by adding at the end the following: Any review by the Tax Court under the preceding sentence shall be de novo and shall be based on the administrative record established at the time of the original determination and any additional newly discovered or previously unavailable evidence. . (b) Conforming amendment The heading of paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986 is amended by striking Appeal and inserting Review . (c) Effective date The amendments made by this section shall apply to cases under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. 3. Exemption from sequestration (a) In general Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905 ) is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: (k) Awards to whistleblowers An award authorized under section 7623 of the Internal Revenue Code of 1986 shall be exempt from reduction under any order issued under this part. . (b) Applicability The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ) after December 31, 2020. 4. Whistleblower privacy protections (a) In general Paragraph (4) of section 7623(b) of the Internal Revenue Code of 1986, as amended by section 2, is further amended— (1) by striking determination .—Any determination and inserting “ determination .— (A) In general Any determination , and (2) by adding at the end the following new subparagraph: (B) Presumption of anonymity For purposes of Rule 345(a) of the Tax Court Rules of Practice and Procedure (as in effect on the date of the enactment of the IRS Whistleblower Program Improvement Act of 2021 ), and any successor rule, with respect to any action under this paragraph there shall be a rebuttable presumption that a whistleblower would be subject to retaliation, physical harm, social and professional stigma, or economic distress which outweighs the counterbalancing societal interests in knowing the whistleblower's identity. . (b) Effective date The amendments made by this section shall apply to petitions filed under Rule 345(a) of the Tax Court Rules of Practice and Procedure which are pending on, or filed on or after, the date of the enactment of this Act. 5. Modification of IRS whistleblower report (a) In general Section 406(c) of division A of the Tax Relief and Health Care Act of 2006 is amended by striking such use, in paragraph (1) and inserting such use (which shall include a list and descriptions of the top tax avoidance schemes, not to exceed 10, disclosed by whistleblowers during such year), . (b) Effective date The amendment made by this section shall apply to reports the due date for which are after the enactment of this Act. 6. Interest on whistleblower awards (a) In general Section 7623(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (5) the following new paragraph: (5) Interest (A) In general If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award determination before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). (B) Exception No interest shall accrue under this paragraph after the date on which the Secretary provides notice to the individual of a preliminary award determination. (C) Applicable date For purposes of this paragraph, the applicable date is the date that is 12 months after the first date on which— (i) all of the proceeds resulting from actions subject to the award determination have been collected, and (ii) either— (I) the statutory period for filing a claim for refund has expired, or (II) the taxpayers subject to the actions and the Secretary have agreed with finality to the tax or other liabilities for the periods at issue, and either the taxpayers have waived the right to file a claim for refund or any claim for refund has been resolved. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 7. Retention of collected proceeds to fund program costs (a) In general Section 7623 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Retention of collected proceeds To fund program costs (1) In general The Secretary may retain annually up to 3 percent of the amount of proceeds collected as a result of actions described in subsection (a) (including any related actions) or from any settlements in response to such actions to be used for program costs (within the meaning of section 6307(d)(2)) associated with administering the whistleblower programs under this section, including reimbursing the applicable divisions of the Internal Revenue Service for costs associated with investigating whistleblower claims, except that the amount so retained in any year shall not exceed $10,000,000. The Secretary shall keep adequate records regarding amounts so retained and used. (2) Coordination rules The amount credited as paid by any taxpayer, and any award to a whistleblower, shall be determined without regard to this subsection. (3) Adjustment for inflation In the case of calendar years beginning after 2022, the $10,000,000 amount in paragraph (1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the next lowest multiple of $10,000. . (b) Effective date The amendment made by this section shall apply to proceeds collected after the date of the enactment of this Act. 8. Correction regarding deductions for attorney's fees (a) In general Section 62(a)(21)(A)(i) of the Internal Revenue Code of 1986 is amended by striking 7623(b) and inserting 7623 . (b) Effective date The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2055is/xml/BILLS-117s2055is.xml |
117-s-2056 | II 117th CONGRESS 1st Session S. 2056 IN THE SENATE OF THE UNITED STATES June 15, 2021 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require agencies to notify the Director of the Office of Management and Budget when the agency suspends or terminates a Federal award, and for other purposes.
1. Short title This Act may be cited as the Stop the Outlay of Payments Act . 2. Federal grants (a) Definitions In this section: (1) Agency The term agency means— (A) an Executive agency, as defined in section 105 of title 5, United States Code; and (B) an independent regulatory agency, as defined in section 3502 of title 44, United States Code. (2) Director The term Director means the Director of the Office of Management and Budget. (3) Federal award The term Federal award means a grant, subgrant, contract, subcontract, loan, award, or cooperative agreement awarded by an agency. (4) Suspended entity The term suspended entity means a recipient of a Federal award, any portion of which the head of an agency suspends or terminates for a reason described in subsection (b)(2). (b) Notification (1) In general Not later than 120 days after the date on which an agency suspends or terminates any portion of a Federal award to the recipient of the Federal award for a reason described in paragraph (2), the head of an agency shall notify the Director of the suspension or termination. (2) Reason for suspension or termination A reason for a suspension or termination of a Federal award described in this paragraph is a failure of the recipient of the Federal award to comply with— (A) the terms and conditions of the Federal award; (B) a Federal law or regulation; or (C) a request by the agency awarding the Federal award for information or materials relating to the Federal award. (3) List of suspensions The Director shall maintain an up-to-date list of suspended entities on the website of the Office of Management and Budget. (c) Effect on other grants (1) In general Subject to paragraph (2), the head of an agency may not award a Federal award or disburse funds under a Federal award to a suspended entity until the date on which the suspended entity remedies the reason for a suspension or termination of a Federal award of the suspended entity under subsection (b)(2). (2) Exceptions The head of an agency may award a Federal award and disburse funds under a Federal award to a suspended entity if— (A) the suspended entity has been classified as a suspended entity as a result of a clerical error; or (B) the suspended entity has an agreement with the agency that suspends or terminates the Federal award of the suspended entity to resolve the reason for the suspension or termination described in subsection (b)(2). (3) Compliance For the purpose of complying with paragraph (1), the head of an agency shall reference the list of suspended entities maintained by the Director under subsection (b)(3). | https://www.govinfo.gov/content/pkg/BILLS-117s2056is/xml/BILLS-117s2056is.xml |
117-s-2057 | II 117th CONGRESS 1st Session S. 2057 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Thune (for himself and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To appropriately limit the size of the population required for urban areas of metropolitan statistical areas.
1. Short title This Act may be cited as the Metropolitan Statistical Area Preservation Act . 2. Population of urban areas Section 3504 of title 44, United States Code, is amended by adding at the end the following: (l) In implementing subsection (e)(3), the Director— (1) shall not establish, for purposes of designating areas as metropolitan statistical areas, or any successor thereto, a minimum population for the urban area of such a metropolitan statistical area that is more than 50,000; and (2) may, only for statistical purposes, and in addition to the minimum population for urban areas described in paragraph (1), establish other statistical area designations with minimum population requirements for urban areas that are higher than the minimum population for an urban area described in paragraph (1). . | https://www.govinfo.gov/content/pkg/BILLS-117s2057is/xml/BILLS-117s2057is.xml |
117-s-2058 | II 117th CONGRESS 1st Session S. 2058 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Cornyn (for himself, Ms. Sinema , Ms. Ernst , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To improve the safety and security of members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the Servicemember Safety and Security Act of 2021 . 2. Measures to improve the safety and security of members of the Armed Forces (a) Comprehensive review of missing persons reporting The Secretary of Defense shall instruct the Secretary of each military department to undertake a comprehensive review of the department's policies and procedures for reporting members of the Armed Forces absent without leave, on unauthorized absence, or missing. (b) Review of installation-Level procedures The head of each military installation command shall— (1) direct each military installation under its command to review its policies and procedures for carrying out the reporting activities described under subsection (a); and (2) update such installation-level policies and procedures with a view towards force protection, enhanced security for members of the Armed Forces living on base, and prioritizing reporting at the earliest reasonable time to local law enforcement at all levels, and Federal law enforcement field offices with overlapping jurisdictions with military installations, when members are determined to be missing. (c) Installation-Specific reporting protocols (1) In general The commander of each military installation shall establish a protocol for sharing information with local and Federal law enforcement agencies about members of the Armed Forces that are absent without leave, on unauthorized absence, or missing. The protocol shall provide, by memorandum of understanding (MOU) or otherwise, for the commander to immediately notify all local and Federal law enforcement agencies with jurisdictions in the immediate area of the military installation when the status of a member assigned to such installation has been changed to absent without leave, on unauthorized absence, or missing. (2) Reporting to military installation command The commander of each military installation shall submit the protocol established pursuant to paragraph (1) to the relevant military installation command. | https://www.govinfo.gov/content/pkg/BILLS-117s2058is/xml/BILLS-117s2058is.xml |
117-s-2059 | II 117th CONGRESS 1st Session S. 2059 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mrs. Fischer introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To extend the pilot program of the Department of Veterans Affairs on acceptance by the Department of donated facilities and related improvements.
1. Short title This Act may be cited as the Communities Helping Invest through Property and Improvements Needed for Veterans Act or the CHIP IN for Veterans Act . 2. Extension of pilot program relating to real property and facilities of the Department of Veterans Affairs Section 2(i) of the Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 ( Public Law 114–294 ; 38 U.S.C. 8103 note) is amended by striking 5 years and inserting 10 years . | https://www.govinfo.gov/content/pkg/BILLS-117s2059is/xml/BILLS-117s2059is.xml |
117-s-2060 | II 117th CONGRESS 1st Session S. 2060 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend disclosure requirements of foreign gifts and contracts under the Higher Education Act of 1965.
1. Short title This Act may be cited as the Foreign Funding Accountability Act of 2021 . 2. Amendments to disclosures of foreign gifts and contracts Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended— (1) by striking subsections (a) and (b) and inserting the following: (a) Disclosure report (1) Filing An institution shall file a disclosure report with the Department of Education on January 31 or July 31, whichever is sooner, if the institution— (A) is owned or controlled by a foreign source; or (B) receives a gift or enters into a contract with a foreign source, the value of which is $25,000 or more (including in-kind gifts, gifts to institution foundations, and gifts to any other legal entities that operate substantially for the benefit or under the auspieces of the institution), considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year. (2) Tuition A tuition payment to an institution on behalf of an enrolled student by a foreign government or foundation shall be considered a gift from or contract with a foreign source under this subsection. (3) Designated individual Each institution that is required to file a disclosure report under this section shall designate an officer at the institution who shall be responsible for ensuring the veracity of the disclosure report. (b) Contents of disclosure report (1) Owned or controlled by a foreign source An institution that is required to file a disclosure report under subsection (a)(1)(A) shall include in the report: (A) The identity of the foreign source. (B) The date on which the foreign source assumed ownership or control. (C) Any changes in program or structure resulting from the change in ownership or control. (2) Gifts or contracts An institution that is required to file a disclosure report under subsection (a)(1)(B) shall include in the report: (A) The amount of the gift or contract. (B) The country of origin of the gift or contract. (C) A statement from the foreign source providing the gift or entering into the contract, including, in the case of a foreign source that is— (i) an individual, the individual's— (I) name; (II) nationality (III) principal business address; and (IV) all business and residential addresses in the United States or elsewhere; (ii) a partnership— (I) the information described in subclause (I) through (IV) of clause (i) with respect to each member of the partnership; and (II) a true and complete copy of its articles of copartnership; or (iii) an association, corporation, organization, or any other combination of individuals— (I) the information described in subclauses (I) through (IV) of clause (i) with respect to each director, officer, and each individual performing the functions of a director or officer for that entity; and (II) a statement of the entity's ownership and control, and the publicly listed name of the entity. (D) The explicit and intended purpose and function of the gift or contract, including— (i) the name (and position if applicable) of the recipient individual, department, or benefactor at the institution receiving the gift or contract; (ii) any terms or conditions of the gift or contract; (iii) copies of each written agreement and the terms and conditions of each oral agreement, including all modifications of such agreements, relating to the gift or contract; or (iv) where no written or oral agreement exists, a full statement of all the circumstances relating to the gift or contract. (3) Attestation Each disclosure report under this section shall include a written statement from the individual designated under subsection (a)(3) attesting that the disclosure report is true and complete. ; (2) by striking subsections (c) and (d); (3) by redesignating subsections (e) through (h) as subsections (c) through (f), respectively; (4) in subsection (c), as redesignated by paragraph (3), by adding at the end the following: All disclosure reports required by this section, including copies of agreements required under subsection (b)(2)(D)(iii), shall be publicly available, including by electronic means. ; (5) by striking subsection (d), as redesignated by paragraph (3), and inserting the following: (d) Enforcement (1) Civil penalties Upon determination, after reasonable notice and opportunity for a hearing, that an institution— (A) has violated or failed to carry out any provision of this section or any regulation prescribed under this section (including by submitting a disclosure report with a material misstatement or omission), the Secretary may impose a civil penalty upon such institution of not to exceed, the greater of— (i) $250,000 for an initial violation or failure; or (ii) the value of the unreported gift or contract for an initial violation or failure; (B) commits a second violation or failure as described in subparagraph (A), the Secretary may impose a civil penalty upon such institution of not to exceed, the greater of— (i) $750,000; or (ii) the value of the unreported gift or contract; (C) commits 3 or more violations or failures as described in subparagraph (A)— (i) the Secretary may impose a civil penalty upon such institution of not to exceed, the greater of— (I) $1,000,000; or (II) the value of the unreported gift or contract; and (ii) the institution may be subject to penalties relating to the Student and Exchange Visitor Program and the institution's tax exempt status, as described in sections 4 and 5 of the Foreign Funding Accountability Act of 2021 ; or (D) commits 3 or more violations or failures as described in subparagraph (A) and has demonstrated a pattern of willful violations, the Secretary may determine that the institution is no longer eligible to receive funds under this Act. (2) Court orders Whenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section (including for the collection of civil penalties under this subsection). In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States where such person resides or transacts business for a court order for the enforcement of this section. (3) Costs For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, an institution shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement. (4) Investigation; Subpoena authority The Secretary shall establish an investigative process to identify gifts or contracts with respect to which a disclosure report under this section is required and has not been submitted. To assist the Secretary in the conduct of investigations of possible violations of this section, the Secretary is authorized to require by subpoena the production of information, documents, reports, answers, records, accounts, papers, and other documentary evidence pertaining to this section. The production of any such records may be required from any place in a State. ; (6) in subsection (f)(2), as redesignated by paragraph (3)— (A) in subparagraph (C), by striking and after the semicolon; (B) in subparagraph (D), by adding and after the semicolon; and (C) by adding at the end the following: (E) any person registered under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ) . 3. Report on past years required (a) In General Not later than 1 year after the date of enactment of this Act, each institution shall prepare and submit to the Secretary of Education a disclosure report containing the information described in subsection (b) of section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f(b) ) (as amended by section 2 of this Act) as required under subsection (a) of such section 117 (as amended by section 2 of this Act) for every qualifying event that has occurred on or after the date of enactment of the Higher Education Amendments of 1998 ( Public Law 105–244 ) and before the date of enactment of this Act. (b) Institutions unable To comply In the case of an institution that is unable to comply with the requirements of subsection (a) with respect to a qualifying event, that institution shall submit a statement to the Secretary of Education, for each such qualifying event, describing in detail in detail why the institution cannot comply with respect to that qualifying event. (c) Waiver An institution may request, and the Secretary of Education may grant, a waiver with respect to the report required under this section if the institution demonstrates good cause for requiring such a waiver. (d) Enforcement (1) In General Upon determination, after reasonable notice and opportunity for a hearing, that an institution has violated or failed to carry out any provision of this section or any regulation prescribed under this section (including by submitting a disclosure report with a material misstatement or omission), the Secretary of Education may impose a civil penalty upon such institution not to exceed $25,000 for each qualifying event that the institution has failed to report in accordance with this section. (2) Court orders Whenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary of Education, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section (including for the collection of civil penalties under this subsection). (3) Costs For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, an institution shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement. (4) Investigation; Subpoena authority The Secretary of Education shall establish an investigative process to identify gifts or contracts with respect to which a disclosure under this section is required and has not been submitted. The Secretary of Education may use administrative subpoena authority as authorized under law to conduct such investigations. (e) Definitions In this section: (1) Institution The term institution has the meaning given that term in section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ). (2) Qualifying event In this section the term qualifying event means an institution— (A) being owned or controlled by a foreign source; or (B) receiving a gift or entering into a contract with a foreign source, the value of which is $25,000 or more (including in-kind gifts, or gifts to university or college foundations), considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year. 4. Disqualification from the Student and Exchange Visitor Program Any institution of higher education that is found to have violated the disclosure requirements set forth in section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) on 3 or more occasions shall be ineligible to enroll foreign students under the Student and Exchange Visitor Program. 5. Loss of tax-exempt status Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (s) Loss of exempt status for certain institutions of higher education An organization which is described in section 501(c)(3) and which is an institution (as defined in section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f )) shall not be exempt from taxation under section 501(a) if there has been a determination under section 117(d) of the Higher Education Act of 1965 that such institution has committed, after the date of the enactment of this section, 3 or more violations or failures described in section 117(d) of the Higher Education Act of 1965. . | https://www.govinfo.gov/content/pkg/BILLS-117s2060is/xml/BILLS-117s2060is.xml |
117-s-2061 | II 117th CONGRESS 1st Session S. 2061 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Cassidy (for himself, Ms. Smith , Mr. Cardin , and Mr. Thune ) 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 ensure coverage of mental health services furnished through telehealth.
1. Short title This Act may be cited as the Telemental Health Care Access Act of 2021 . 2. Ensuring coverage for mental health services furnished through telehealth (a) In general Section 1834(m)(7) of the Social Security Act ( 42 U.S.C. 1395m(m)(7) ) is amended— (1) in subparagraph (A), by striking subject to subparagraph (B), ; (2) by striking (A) In general .—The geographic and inserting The geographic ; and (3) by striking subparagraph (B). (b) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of section 123 of division CC of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). 3. Study and report on utilization of mental health services furnished through telehealth Not later than 1 year after the first day after the end of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ), the Secretary of Health and Human Services shall submit to Congress a report on the utilization of mental health services furnished through telehealth under section 1834(m)(7) of such Act ( 42 U.S.C. 1395m(m)(7) ), that includes any recommendations of the Secretary regarding— (1) fraud or abuse prevention with respect to such services; and (2) additional funding that the Office of Inspector General of the Department of Health and Human Services may require for purposes of conducting audits, investigations, and other oversight and enforcement activities with respect to the furnishing of such services. | https://www.govinfo.gov/content/pkg/BILLS-117s2061is/xml/BILLS-117s2061is.xml |
117-s-2062 | II 117th CONGRESS 1st Session S. 2062 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Cornyn (for himself and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To increase the security of United States rail infrastructure along the North American Interchange Service to the direct and indirect supply of U.S. military and related institutions, to facilitate cross-border trade among the United States, Mexico, or Canada, and for other purposes.
1. Short titles This Act may be cited as the Stopping America’s Foreign Enemies Through Rail And Infrastructure National Security Act or the SAFE TRAINS Act . 2. Requirements for railroad freight cars entering service in the United States (a) In general Chapter 207 of title 49, United States Code, is amended by adding at the end the following: 20704. Requirements for railroad freight cars entering service in the United States (a) Definitions In this section: (1) Component The term component means a part or subassembly of a railroad freight car. (2) Control The term control means the power, whether direct or indirect and whether or not exercised, through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, representation on the board of directors of an entity, proxy voting on the board of directors of an entity, a special share in the entity, a contractual arrangement with the entity, a formal or informal arrangement to act in concert with an entity, or any other means, to determine, direct, make decisions, or cause decisions to be made for the entity. (3) Cost of sensitive technology The term cost of sensitive technology means the aggregate cost of the sensitive technology located on a railroad freight car. (4) Country of concern The term country of concern means a country that— (A) is identified by the Department of Commerce as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) )) as of the date of the enactment of the SAFE TRAINS Act ; (B) was identified by the United States Trade Representative in the most recent report required under section 182 of the Trade Act of 1974 ( 19 U.S.C. 2242 ) as a foreign country included on the priority watch list (as defined in subsection (g)(3) of such section); and (C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 ( 19 U.S.C. 2416 ). (5) Net cost The term net cost has the meaning given such term in chapter 4 of the USMCA or in any subsequent free trade agreement between the United States, Mexico, and Canada. (6) Qualified facility The term qualified facility means a facility that is not owned or under the control of a state-owned enterprise. (7) Qualified manufacturer The term qualified manufacturer means a railroad freight car manufacturer that is not owned or under the control of a state-owned enterprise. (8) Railroad freight car The term railroad freight car means a car designed to carry freight or railroad personnel by rail, including— (A) a box car; (B) a refrigerator car; (C) a ventilator car; (D) an intermodal well car; (E) a gondola car; (F) a hopper car; (G) an auto rack car; (H) a flat car; (I) a special car; (J) a caboose car; (K) a tank car; and (L) a yard car. (9) Sensitive technology The term sensitive technology means any device embedded with electronics, software, sensors, or other connectivity, that enables the device to connect to, collect data from, or exchange data with another device, including— (A) onboard telematics; (B) remote monitoring software; (C) firmware; (D) analytics; (E) GPS satellite and cellular location tracking systems; (F) event status sensors; (G) predictive component condition and performance monitoring sensors; and (H) similar sensitive technologies embedded into freight railcar components and subassemblies. (10) State-owned enterprise The term state-owned enterprise means— (A) an entity that is owned by, or under the control of, a national, provincial, or local government of a country of concern, or an agency of such government; or (B) an individual acting under the direction or influence of a government or agency described in subparagraph (A). (11) Substantially transformed The term substantially transformed means a component of a railroad freight car that undergoes an applicable change in tariff classification as a result of the manufacturing process, as described in chapter 4 and related annexes of the USMCA or in any subsequent free trade agreement between the United States, Mexico, and Canada. (12) USMCA The term USMCA has the meaning given such term in section 3 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4502 ). (b) Requirements for railroad freight cars entering service in the United States (1) Limitation on railroad freight cars A railroad freight car wholly manufactured on or after the date that is 1 year after the date of the enactment of the SAFE TRAINS Act may only operate on the United States freight railroad interchange system if— (A) the railroad freight car is manufactured, assembled, and substantially transformed, as applicable, by a qualified manufacturer in a qualified facility; (B) none of the sensitive technology located on the railroad freight car, including components necessary to the functionality of the sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise; and (C) none of the content of the railroad freight car, excluding sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise that has been determined by a recognized court or administrative agency of competent jurisdiction and legal authority to have violated or infringed valid United States intellectual property rights of another, including such a finding by a Federal district court under title 35 or the United States International Trade Commission under section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ). (2) Limitation on railroad freight car content (A) Percentage limitation Not later than 1 year after the date of the enactment of the SAFE TRAINS Act , a railroad freight car may operate on the United States freight railroad interchange system only if— (i) not more than 20 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise; or (ii) not later than 2 years after the date of the enactment of the SAFE TRAINS Act , the percentage described in clause (i) is not more than 15 percent. (B) Conflict The percentages specified in subparagraph (A) shall apply notwithstanding any apparent conflict with the provisions of chapter 4 of the USMCA. (c) Regulations and penalties (1) Regulations required Not later than 1 year after the date of the enactment of the SAFE TRAINS Act , the Secretary of Transportation shall issue such regulations as are necessary to carry out this section, including regulations necessary for the monitoring, enforcement, and sensitive technology requirements under this section. (2) Certification required To be eligible to provide a railroad freight car for operation on the United States freight railroad interchange system, the manufacturer of such car shall annually certify to the Secretary that any railroad freight cars so provided meets the requirements under this section. (3) Compliance (A) Valid certification required At the time a railroad freight car begins operation on the United States freight railroad interchange system, the manufacturer of such railroad freight car shall have valid certification described in paragraph (2) for the year in which such car begins operation. (B) Registration of noncompliant cars prohibited A railroad freight car manufacturer may not register, or cause to be registered, a railroad freight car that does not comply with the requirements under this section in the Association of American Railroad’s Umler system. (4) Civil penalties (A) In general A railroad freight car manufacturer that has manufactured a railroad freight car for operation on the United States freight railroad interchange system that the Secretary of Transportation determines, after written notice and an opportunity for a hearing, has violated this section is liable to the United States Government for a civil penalty of at least $100,000, but not more than $250,000, for each such violation for each railroad freight car. (B) Prohibition for violations The Secretary of Transportation may prohibit a railroad freight car manufacturer with respect to which the Secretary has assessed more than 3 violations under subparagraph (A) from providing additional railroad freight cars for operation on the United States freight railroad interchange system until the Secretary determines— (i) such manufacturer is in compliance with this section; and (ii) all civil penalties assessed to such manufacturer pursuant to subparagraph (A) have been paid in full. . (b) Clerical amendment The chapter analysis for chapter 207 of title 49, United States Code, is amended by adding at the end the following: 20704. Requirements for railroad freight cars entering service in the United States. . | https://www.govinfo.gov/content/pkg/BILLS-117s2062is/xml/BILLS-117s2062is.xml |
117-s-2063 | II 117th CONGRESS 1st Session S. 2063 IN THE SENATE OF THE UNITED STATES June 15, 2021 Ms. Klobuchar (for herself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award four congressional gold medals to the United States Capitol Police and those who protected the U.S. Capitol on January 6, 2021.
1. Findings The Congress finds the following: (1) Every day, the United States Capitol Police ( Capitol Police ) protects the U.S. Capitol, Members of Congress, congressional staff and institutional staff, journalists, and the visiting public. (2) On January 6, 2021, a mob of insurrectionists forced its way into the U.S. Capitol building and congressional office buildings and engaged in acts of vandalism, looting, and violently attacked Capitol Police officers. (3) The sacrifice of heroes including Capitol Police Officers Brian Sicknick and Howard Liebengood, Metropolitan Police Department Officer Jeffrey Smith, and those who sustained injuries, and the courage of Capitol Police Officer Eugene Goodman, exemplify the patriotism and the commitment of Capitol Police officers, and those of other law enforcement agencies, to risk their lives in service of our country. (4) Up to seven Americans died following this violent attack, and more than 140 law enforcement officers suffered physical injuries, including 15 officers who were hospitalized. (5) The desecration of the U.S. Capitol, which is the temple of our American Democracy, and the violence targeting Congress are horrors that will forever stain our Nation’s history. (6) On April 2, 2021 Officer William Billy Evans was killed while protecting the North Barricade of the Capitol. Officer Evans was a distinguished member of the First Responders Unit and an eighteen-year veteran of the United States Capitol Police. Also injured in that assault was Officer Kenneth Shaver. Officer Shaver is a fifteen-year veteran of the United States Capitol Police. 2. Congressional Gold Medals (a) Presentation authorization The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of four gold medals of appropriate design to the United States Capitol Police and those who protected the U.S. Capitol on January 6, 2021. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Disposition of medals Following the award of the gold medals under subsection (a): (1) USCP Headquarters One gold medal shall be given to the United States Capitol Police, so that the medal may be displayed at the headquarters of the United States Capitol Police and made available for research, as appropriate. (2) DC Metropolitan Police Department Headquarters One gold medal shall be given to the Metropolitan Police Department of the District of Columbia, so that the medal may be displayed at the headquarters of the Metropolitan Police Department and made available for research, as appropriate. (3) Smithsonian Institution (A) In general One gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and available for research. (B) Plaque In displaying the gold medal given under subparagraph (A), the Smithsonian Institution shall display the medal with a plaque that lists all of the law enforcement agencies that participated in protecting the U.S. Capitol on January 6, 2021. (C) Sense of the Congress It is the sense of the Congress that the Smithsonian Institution should make the gold medal given under subparagraph (A) available for display elsewhere, particularly at appropriate locations associated with the protection of the U.S. Capitol on January 6, 2021. (4) United States Capitol (A) In general One gold medal shall be given to the Architect of the Capitol, for display in a prominent location in the United States Capitol as appropriate and available for research. (B) Plaque In displaying the gold medal given under subparagraph (A), the Architect of the Capitol shall display the medal with a plaque that lists all of the law enforcement agencies that participated in protecting the United States Capitol on January 6, 2021. 3. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medals struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 4. Sense of Congress It is the sense of the Congress that the United States Mint should expedite production of the gold medals and duplicate medals under this Act, so that the sacrifices of fallen officers and their families, and the contributions of other law enforcement agencies who answered the call of duty on January 6, 2021, can be recognized and honored in a timely manner. 5. National medals Medals struck pursuant to this Act are national medals for the purposes of chapter 51 of title 31, United States Code. 6. 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-117s2063is/xml/BILLS-117s2063is.xml |
117-s-2064 | II 117th CONGRESS 1st Session S. 2064 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds.
1. Short title This Act may be cited as the Clean Energy Victory Bond Act of 2021 . 2. Findings Congress finds the following: (1) Potential exists for increasing clean and renewable energy production and energy efficiency installation in the United States. (2) Other nations, including China and Germany, are ahead of the United States in manufacturing and deploying various clean energy technologies, even though many of these technologies were invented in the United States. (3) Climate change represents an existential threat to the safety, security, and economy of the United States. Rapid and robust deployment of clean energy will reduce greenhouse gas emissions and mitigate the effects of climate change on American society. (4) Many segments of the American public want to take charge of efforts to combat the effects of climate change and practice responsible consumer behavior. (5) The Office of Energy Efficiency and Renewable Energy of the Department of Energy (referred to in this section as the EERE ) estimates that taxpayer investment of $12,000,000,000 into the EERE research and development portfolio has already yielded an estimated net economic benefit to the United States of more than $230,000,000,000, with an overall annual return on investment of more than 20 percent. (6) Investments in renewable energy and energy efficiency projects in the United States create green jobs throughout the Nation. New and innovative jobs could be created through expanded government support for clean energy and energy efficiency. (7) As Americans choose energy efficiency and clean energy and transportation, it reduces our dependence on foreign oil and improves our energy security. (8) Bonds are a low-cost method for encouraging clean energy, as they do not require direct budget allocations or expenditures. The projects supported through Clean Energy Victory Bonds will create jobs and business revenues that will increase Federal tax revenues, while simultaneously reducing nationwide health and environmental costs incurred by the Federal Government. (9) Bonds are voluntary measures that allow Americans to contribute financially in whatever amount is available to them. (10) During World War II, over 80 percent of American households purchased Victory Bonds to support the war effort, raising over $185,000,000,000, or over $2,000,000,000,000 in today’s dollars. 3. Definitions For purposes of this Act: (1) Clean energy project The term clean energy project means a technology that provides— (A) performance-based energy efficiency improvements; or (B) clean energy improvements, including— (i) electricity generated from solar, wind, geothermal, small-scale hydropower, and hydrokinetic energy sources; (ii) fuel cells using non-fossil fuel sources; (iii) advanced storage technologies; and (iv) electric vehicle infrastructure. (2) Secretary The term Secretary means the Secretary of the Treasury or the Secretary's delegate. 4. Clean Energy Victory Bonds (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Energy and the Secretary of Defense, shall issue bonds to be known as Clean Energy Victory Bonds , the proceeds from which shall be used to carry out the purposes described in subsection (c) of section 9512 of the Internal Revenue Code of 1986 (as added by section 5). (b) Savings bond Any Clean Energy Victory Bond issued under this section shall be issued by the Secretary— (1) as a savings bond of series EE, or as administered by the Bureau of the Fiscal Service of the Department of the Treasury, in a manner consistent with the provisions of section 3105 of title 31, United States Code; and (2) in denominations of $25 and such other amounts as are determined appropriate by the Secretary, and shall mature within such periods as determined by the Secretary. (c) Amount of Clean Energy Victory Bonds The aggregate face amount of the Clean Energy Victory Bonds issued annually under this section shall be not greater than $50,000,000,000. (d) Interest Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of— (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. (e) Full faith and credit Payment of interest and principal with respect to any Clean Energy Victory Bond issued under this section shall be made from the general fund of the Treasury of the United States and shall be backed by the full faith and credit of the United States. (f) Promotion (1) In general The Secretary shall take such actions, independently and in conjunction with financial institutions offering Clean Energy Victory Bonds, to promote the purchase of Clean Energy Victory Bonds, including campaigns describing the financial and social benefits of purchasing Clean Energy Victory Bonds. (2) Promotional Activities For purposes of paragraph (1), promotional activities may include advertisements, pamphlets, or other promotional materials— (A) in periodicals; (B) on billboards and other outdoor venues; (C) on television; (D) on radio; (E) on the internet; (F) within financial institutions; or (G) any other venues or outlets the Secretary may identify. 5. Clean Energy Victory Bonds Trust Fund (a) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Clean Energy Victory Bonds Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Clean Energy Victory Bonds Trust Fund , consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). (b) Transfers to trust fund There are hereby appropriated to the Trust Fund— (1) amounts equivalent to revenue from the issuance of Clean Energy Victory Bonds under section 4 of the Clean Energy Victory Bond Act of 2021 , and (2) any gifts or bequests made to the Trust Fund which are accepted by the Secretary for the benefit of such Fund or any activity financed through such Fund. (c) Expenditures from trust fund Amounts in the Trust Fund shall be available, without further appropriation, to finance clean energy projects (as defined in section 3 of the Clean Energy Victory Bond Act of 2021 ) at the Federal, State, and local level, which may include— (1) providing additional support to existing Federal financing programs available to States for energy efficiency upgrades and clean energy deployment, (2) providing funding for clean energy investments by all Federal agencies, (3) providing funding for electric grid enhancements and connections that enable clean energy deployment, (4) providing funding to renovate existing inefficient buildings or building new energy efficient buildings, (5) providing tax incentives and tax credits for clean energy technologies, (6) providing funding for new innovation research, including ARPA–E, public competitions similar to those designed by the X Prize Foundation, grants provided through the Office of Energy Efficiency and Renewable Energy of the Department of Energy, or other mechanisms to fund revolutionary clean energy technology, (7) providing additional support to existing Federal, State, and local grant programs that finance clean energy projects, and (8) providing funding for zero-emission vehicle infrastructure and manufacturing. (d) Project priority (1) In general The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. (2) Disadvantaged and vulnerable communities For purposes of paragraph (1), the term disadvantaged and vulnerable communities means communities— (A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, (B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or (C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary. . (b) Clerical amendment The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Clean Energy Victory Bonds Trust Fund. . | https://www.govinfo.gov/content/pkg/BILLS-117s2064is/xml/BILLS-117s2064is.xml |
117-s-2065 | II 117th CONGRESS 1st Session S. 2065 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Brown (for himself, Mr. Sanders , Ms. Warren , Mr. Padilla , Ms. Baldwin , Mr. Van Hollen , Mr. Markey , Mr. Booker , Ms. Duckworth , Ms. Hirono , Mr. Blumenthal , Mrs. Murray , Mr. Wyden , Mr. Durbin , Mr. Whitehouse , Mr. Menendez , Mr. Casey , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVI of the Social Security Act to update eligibility for the supplemental security income program, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Supplemental Security Income Restoration 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. Update in eligibility for the supplemental security income program. Sec. 3. Update in supplemental security income benefit amounts and repeal of marriage penalty. Sec. 4. Support and maintenance furnished in kind not included as income. Sec. 5. Exclusion of retirement accounts from resources. Sec. 6. Repeal of penalty for disposal of resources for less than fair market value. Sec. 7. Clarifying the treatment of certain State tax credits. Sec. 8. Elimination of dedicated accounts for certain past-due benefits. Sec. 9. Elimination of installment payment requirement. Sec. 10. Extension of period of exclusion of certain payments from countable resources. Sec. 11. Modification of rules to determine marital relationships. Sec. 12. Effective date. 2. Update in eligibility for the supplemental security income program (a) Update in general income exclusion Section 1612(b)(2)(A) of the Social Security Act ( 42 U.S.C. 1382a(b)(2)(A) ) is amended by striking $240 and inserting $1,536 (increased as described in section 1617(d) for each calendar year after 2022) . (b) Update in earned income exclusion Section 1612(b)(4) of such Act ( 42 U.S.C. 1382a(b)(4) ) is amended by striking $780 each place it appears and inserting $4,992 (increased as described in section 1617(d) for each calendar year after 2022) . (c) Update in resource limit for individuals and couples Section 1611(a)(3) of such Act ( 42 U.S.C. 1382(a)(3) ) is amended— (1) in subparagraph (A), by striking $2,250 and all that follows through the end of the subparagraph and inserting $20,000 in calendar year 2022, and shall be increased as described in section 1617(d) for each subsequent calendar year. ; and (2) in subparagraph (B), by striking $1,500 and all that follows through the end of the subparagraph and inserting $10,000 in calendar year 2022, and shall be increased as described in section 1617(d) for each subsequent calendar year. . (d) Inflation adjustment Section 1617 of such Act ( 42 U.S.C. 1382f ) is amended— (1) in the section heading, by inserting ; inflation adjustment after benefits ; and (2) by adding at the end the following: (d) In the case of any calendar year after 2022, each of the amounts specified in sections 1611(a)(3), 1612(b)(2)(A), and 1612(b)(4) shall be increased by multiplying each such amount by the quotient (not less than 1) obtained by dividing— (1) the average of the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor) for the 12-month period ending with September of the preceding calendar year, by (2) such average for the 12-month period ending with September 2021. . 3. Update in supplemental security income benefit amounts and repeal of marriage penalty (a) In general Section 1611(b) of the Social Security Act ( 42 U.S.C. 1382(b) ) is amended— (1) in paragraphs (1) and (2), by inserting through calendar year 2021 after any calendar year thereafter ; and (2) by adding at the end the following new paragraph: (3) The benefit under this title for calendar year 2022 and each calendar year thereafter shall be equal to— (A) for an individual who does not have an eligible spouse, an amount equal to the poverty line (as defined in section 2110(c)(5)) applicable to a family of 1 for the calendar year involved; and (B) for an individual who has an eligible spouse, an amount equal to twice the amount specified for the calendar year involved under subparagraph (A), reduced by the amount of income, not excluded pursuant to section 1612(b), of such individual and (if applicable) such eligible spouse. . (b) Conforming amendments (1) Section 1617(a)(1) of the Social Security Act ( 42 U.S.C. 1382f(a)(1) ) is amended by striking , (a)(2)(A), (b)(1), and (b)(2) and inserting and (a)(2)(A) . (2) Section 1619(a)(1) of such Act ( 42 U.S.C. 1382h(a)(1) ) is amended by striking under section 1611(b)(1) (or, in the case of an individual who has an eligible spouse, under section 1611(b)(2)) and inserting under section 1611(b)(3)(A) (or, in the case of an individual who has an eligible spouse, under section 1611(b)(3)(B)) . (3) Section 1621(b)(1)(B)(i) of such Act ( 42 U.S.C. 1382j(b)(1)(B)(i) ) is amended by striking section 1611(b)(1) and inserting 1611(b)(3)(A) . (4) Section 1903(f)(4)(C) of such Act ( 42 U.S.C. 1396b(f)(4)(C) ) is amended by striking section 1611(b)(1) and inserting section 1611(b)(3)(A) . (5) Section 1915(h)(6)(A) of such Act ( 42 U.S.C. 1396n(h)(6)(A) ) is amended by striking section 1611(b)(1) and inserting section 1611(b)(3)(A) . 4. Support and maintenance furnished in kind not included as income (a) In general Section 1612(a)(2) of such Act ( 42 U.S.C. 1382a(a)(2) ) is amended— (1) by inserting (other than support or maintenance furnished in kind) after all other income ; and (2) in subparagraph (A)— (A) by striking or kind ; (B) by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (C) in clause (ii) (as so redesignated), by striking and the provisions of clause (i) shall not be applicable . (b) Conforming amendments (1) Section 1611(c) of such Act ( 42 U.S.C. 1382(c) ) is amended by striking paragraph (6) and redesignating paragraphs (7) through (10) as paragraphs (6) through (9), respectively. (2) Section 1612(a)(2) of such Act ( 42 U.S.C. 1382a(a)(2) ) is amended— (A) in subparagraph (F), by inserting and at the end; (B) in subparagraph (G), by striking ; and and inserting a period; (C) by moving subparagraph (G) 2 ems to the right; and (D) by striking subparagraph (H). (3) Section 1621(c) of such Act ( 42 U.S.C. 1382j(c) ) is amended to read as follows: (c) In determining the amount of income of an alien during the period of 5 years after such alien's entry into the United States, support or maintenance furnished in cash to the alien by such alien's sponsor (to the extent that it reflects income or resources which were taken into account in determining the amount of income and resources to be deemed to the alien under subsection (a) or (b) of this section) shall not be considered to be income of such alien under section 1612(a)(2)(A). . 5. Exclusion of retirement accounts from resources Section 1613(a) of the Social Security Act ( 42 U.S.C. 1382b(a) ) is amended— (1) in paragraph (16), by striking ; and and inserting a semicolon; (2) in paragraph (17), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (17) the following new paragraph: (18) any qualified retirement plan or eligible deferred compensation plan (as such terms are defined in sections 4974(c) and 457(b), respectively, of the Internal Revenue Code of 1986). . 6. Repeal of penalty for disposal of resources for less than fair market value Section 1613(c) of such Act ( 42 U.S.C. 1382b(c) ) is amended to read as follows: (c) Notification of Medicaid Policy Restricting Eligibility of Institutionalized Individuals for Benefits Based on Disposal of Resources for Less Than Fair Market Value (1) In general At the time an individual (and the individual's eligible spouse, if any) applies for benefits under this title, and at the time the eligibility of an individual (and such spouse, if any) for such benefits is redetermined, the Commissioner of Social Security shall— (A) inform such individual of the provisions of section 1917(c) providing for a period of ineligibility for benefits under title XIX for individuals who make certain dispositions of resources for less than fair market value, and inform such individual that information obtained pursuant to subparagraph (B) will be made available to the State agency administering a State plan under title XIX (as provided in paragraph (2)); and (B) obtain from such individual information which may be used by the State agency in determining whether or not a period of ineligibility for such benefits would be required by reason of section 1917(c). (2) Provision of information to State Medicaid agencies The Commissioner of Social Security shall make the information obtained under paragraph (1)(B) available, on request, to any State agency administering a State plan approved under title XIX. . 7. Clarifying the treatment of certain State tax credits Title XVI of the Social Security Act ( 42 U.S.C. 1382a ) is amended— (1) in section 1612(b)(19), by striking and any payment and all that follows through credit) and inserting and any refund of State income taxes made to such individual (or such spouse) by reason of a State earned income tax credit (as defined by the Secretary) ; and (2) in section 1613(a)(11)— (A) in subparagraph (A), by inserting , and any refund of State income taxes made to such individual (or such spouse) by reason of a State child tax credit (as defined by the Secretary) before the semicolon; and (B) in subparagraph (B), by striking and any payment and all that follows through credit) and inserting and any refund of State income taxes made to such individual (or such spouse) by reason of a State earned income tax credit (as defined by the Secretary) . 8. Elimination of dedicated accounts for certain past-due benefits (a) In general Section 1631(a)(2) of the Social Security Act ( 42 U.S.C. 1383(a)(2) ) is amended by striking subparagraph (F). (b) Conforming amendments (1) Relating to payments and procedures Section 1631(a)(2) of the Social Security Act ( 42 U.S.C. 1383(a)(2) ), as amended by subsection (a), is amended— (A) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (F), (G), and (H), respectively; (B) in subparagraph (B)(vii)(I), by striking subparagraph (I) and inserting subparagraph (H) ; (C) in subparagraph (D)— (i) in clause (i), by striking subparagraphs (E) and (F) and inserting subparagraph (E) ; and (ii) in clause (ii), by striking subparagraph (I) and inserting subparagraph (H) ; (D) in subparagraph (E), by striking subparagraph (H)(ii) and inserting subparagraph (G)(ii) ; and (E) in subparagraph (G)(i)(II), as redesignated by subparagraph (A), by striking subparagraph (I) and inserting subparagraph (H) . (2) Exclusions from income (A) In general Section 1612(b) of the Social Security Act is amended— (i) by striking paragraph (21); and (ii) by redesignating paragraphs (22) through (26) as paragraphs (21) through (25), respectively. (B) Conforming amendment Section 1613(a)(17) of such Act is amended by striking section 1612(b)(26) and inserting section 1612(b)(25) . (3) Exclusions from resources Section 1613(a) of the Social Security Act, as amended by section 5, is amended— (A) by striking paragraph (12); and (B) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively. (c) Treatment of amounts transferred from dedicated accounts Amounts transferred from an account established on behalf of an individual as described in section 1631(a)(2)(F) of the Social Security Act ( 42 U.S.C. 1383(a)(2)(F) ) (as in effect on the day before the date of enactment of this Act) into another account of the individual as a result of the amendments made by this section shall not be taken into account as income or resources of such individual for purposes of determining the eligibility of such individual or any other individual for benefits or assistance, or the amount or extent of such benefits or assistance, under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ), under any other Federal program, or under any State or local program financed in whole or in part with Federal funds. 9. Elimination of installment payment requirement Section 1631(a) of the Social Security Act ( 42 U.S.C. 1383(a) ) is amended by striking paragraph (10). 10. Extension of period of exclusion of certain payments from countable resources Section 1613(a)(7) of the Social Security Act ( 42 U.S.C. 1382b(a)(7) ) is amended by striking 9 months and inserting 21 months . 11. Modification of rules to determine marital relationships (a) In general Section 1614(d) of the Social Security Act ( 42 U.S.C. 1382c(d) ) is amended by striking except that and all that follows through the end of the subsection and inserting except that if two individuals have been determined to be married under section 216(h)(1) for purposes of title II they shall be considered (from and after the date of such determination or the date of their application for benefits under this title, whichever is later) to be married for purposes of this title. . (b) Conforming amendments Title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ) is amended— (1) in section 1611(e)(3)— (A) by striking a husband and wife each place it appears and inserting two married individuals ; and (B) by striking such husband and wife and inserting such married individuals ; (2) in section 1614(b)— (A) in the first sentence, by striking the husband or wife of and inserting married to ; and (B) in the second sentence, by striking husband and wife and inserting married ; and (3) in section 1631(b)(1)(A)(i), by striking husband or wife and inserting spouse . 12. Effective date The amendments made by this Act shall take effect on January 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s2065is/xml/BILLS-117s2065is.xml |
117-s-2066 | II 117th CONGRESS 1st Session S. 2066 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Manchin (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish an energy efficiency revolving loan fund capitalization grant program, and for other purposes.
1. Short title This Act may be cited as the Investing in New Strategies for Upgrading Lower Attaining Efficiency Buildings Act of 2021 or the INSULATE Buildings Act of 2021 . 2. Definitions In this Act: (1) Priority State The term priority State means a State that— (A) is eligible for funding under the State Energy Program; and (B) (i) is among the 15 States with the highest annual per-capita combined residential and commercial sector energy consumption, as most recently reported by the Energy Information Administration; or (ii) is among the 15 States with the highest annual per-capita energy-related carbon dioxide emissions by State, as most recently reported by the Energy Information Administration. (2) Program The term program means the program established under section 3(a). (3) Secretary The term Secretary means the Secretary of Energy. (4) State The term State means a State (as defined in section 3 of the Energy Policy and Conservation Act ( 42 U.S.C. 6202 )), acting through a State energy office. (5) State Energy Program The term State Energy Program means the State Energy Program established under part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. ). 3. Energy efficiency revolving loan fund capitalization grant program (a) In general Not later than 1 year after the date of enactment of this Act, under the State Energy Program, the Secretary shall establish a program under which the Secretary shall provide capitalization grants to States to establish a revolving loan fund under which the State shall provide loans and grants, as applicable, in accordance with this section. (b) Distribution of funds (1) All States (A) In general Of the amounts made available under subsection (k), the Secretary shall use 40 percent to provide capitalization grants to States that are eligible for funding under the State Energy Program, in accordance with the allocation formula established under section 420.11 of title 10, Code of Federal Regulations (or successor regulations). (B) Remaining funding After applying the allocation formula described in subparagraph (A), the Secretary shall redistribute any unclaimed funds to the remaining States seeking capitalization grants under that subparagraph. (2) Priority States (A) In general Of the amounts made available under subsection (k), the Secretary shall use 60 percent to provide supplemental capitalization grants to priority States in accordance with an allocation formula determined by the Secretary. (B) Remaining funding After applying the allocation formula described in subparagraph (A), the Secretary shall redistribute any unclaimed funds to the remaining priority States seeking supplemental capitalization grants under that subparagraph. (C) Grant amount (i) Maximum amount The amount of a supplemental capitalization grant provided to a State under this paragraph shall not exceed $30,000,000. (ii) Supplement not supplant A supplemental capitalization grant received by a State under this paragraph shall supplement, not supplant, a capitalization grant received by that State under paragraph (1). (c) Applications for capitalization grants A State seeking a capitalization grant under the program 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 detailed explanation of how the grant will be used, including a plan to establish a new revolving loan fund or use an existing revolving loan fund; (2) the need of eligible recipients for loans and grants in the State for assistance with conducting energy audits; (3) a description of the expected benefits that building infrastructure and energy system upgrades and retrofits will have on communities in the State; and (4) in the case of a priority State seeking a supplemental capitalization grant under subsection (b)(2), a justification for needing the supplemental funding. (d) Timing (1) In general The Secretary shall establish a timeline with dates by, or periods by the end of, which a State shall— (A) on receipt of a capitalization grant under the program, deposit the grant funds into a revolving loan fund; and (B) begin using the capitalization grant as described in subsection (e)(1). (2) Use of grant Under the timeline established under paragraph (1), a State shall be required to begin using a capitalization grant not more than 180 days after the date on which the grant is received. (e) Use of grant funds (1) In general A State that receives a capitalization grant under the program— (A) shall provide loans in accordance with paragraph (2); and (B) may provide grants in accordance with paragraph (3). (2) Loans (A) Commercial energy audit (i) In general A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iii) to conduct a commercial energy audit. (ii) Audit requirements A commercial energy audit conducted using a loan provided under clause (i) shall— (I) determine the overall consumption of energy of the facility of the eligible recipient; (II) identify and recommend lifecycle cost-effective opportunities to reduce the energy consumption of the facility of the eligible recipient, including through energy efficient— (aa) lighting; (bb) heating, ventilation, and air conditioning systems; (cc) windows; (dd) appliances; and (ee) insulation and building envelopes; (III) estimate the energy and cost savings potential of the opportunities identified in subclause (II) using software approved by the Secretary; (IV) identify— (aa) the period and level of peak energy demand for each building within the facility of the eligible recipient; and (bb) the sources of energy consumption that are contributing the most to that period of peak energy demand; (V) recommend controls and management systems to reduce or redistribute peak energy consumption; (VI) recommend strategies to increase electrification of the facility of the eligible recipient, including the installation of— (aa) charging infrastructure for plug-in electric vehicles; (bb) electric heating and cooling systems; or (cc) electric appliances; and (VII) estimate the total energy and cost savings potential for the facility of the eligible recipient if all recommended upgrades and retrofits are implemented, using software approved by the Secretary. (iii) Eligible recipients An eligible recipient under clause (i) is a business that— (I) conducts the majority of its business in the State that provides the loan under that clause; and (II) owns or operates— (aa) 1 or more commercial buildings; or (bb) commercial space within a building that serves multiple functions, such as a building for commercial and residential operations. (B) Residential energy audits (i) In general A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iii) to conduct a residential energy audit. (ii) Residential energy audit requirements A residential energy audit conducted using a loan under clause (i) shall— (I) utilize the same evaluation criteria as the Home Performance Assessment used in the Energy Star program established under section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ); (II) recommend lifecycle cost-effective opportunities to reduce energy consumption within the residential building of the eligible recipient, including through energy efficient— (aa) lighting; (bb) heating, ventilation, and air conditioning systems; (cc) windows; (dd) appliances; and (ee) insulation and building envelopes; (III) recommend controls and management systems to reduce or redistribute peak energy consumption; (IV) recommend strategies to increase electrification of the residential building of the eligible recipient, including the installation of— (aa) charging infrastructure for plug-in electric vehicles, if possible; (bb) electric heating and cooling systems; or (cc) electric appliances; (V) compare the energy consumption of the residential building of the eligible recipient to comparable residential buildings in the same geographic area; and (VI) provide a Home Energy Score, or equivalent score, for the residential building of the eligible recipient by using the Home Energy Score Tool of the Department of Energy or an equivalent scoring tool. (iii) Eligible recipients An eligible recipient under clause (i) is— (I) an individual who owns— (aa) a single family home; (bb) a condominium or duplex; or (cc) a manufactured housing unit; or (II) a business that owns or operates a multifamily housing facility. (C) Commercial and residential energy upgrades and retrofits (i) In general A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (ii) to carry out upgrades or retrofits of building infrastructure and systems that— (I) are recommended in the commercial energy audit or residential energy audit, as applicable, completed for the building or facility of the eligible recipient; (II) satisfy at least 1 of the criteria in the Home Performance Assessment used in the Energy Star program established under section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ); (III) improve, with respect to the building or facility of the eligible recipient— (aa) the physical comfort of the building or facility occupants; (bb) the energy efficiency of the building or facility; or (cc) the quality of the air in the building or facility; and (IV) (aa) are lifecycle cost-effective; and (bb) (AA) reduce the energy intensity of the building or facility of the eligible recipient; or (BB) improve the control and management of energy usage of the building or facility to reduce demand during peak times. (ii) Eligible recipients An eligible recipient under clause (i) is an eligible recipient described in subparagraph (A)(iii) or (B)(iii) that— (I) has completed a commercial energy audit described in subparagraph (A) or a residential energy audit described in subparagraph (B) using a loan provided under the applicable subparagraph; or (II) has completed a commercial energy audit or residential energy audit that— (aa) was not funded by a loan under this paragraph; and (bb) (AA) meets the requirements for the applicable audit under subparagraph (A) or (B), as applicable; or (BB) the Secretary determines is otherwise satisfactory. (iii) Loan term A loan provided under this subparagraph shall be required to be fully amortized by the earlier of— (I) the year in which the upgrades or retrofits carried out using the loan exceed their expected useful life; and (II) 15 years after those upgrades or retrofits are installed. (D) Referral to qualified contractors Following the completion of an audit under subparagraph (A) or (B) by an eligible recipient of a loan under the applicable subparagraph, the State may refer the eligible recipient to a qualified contractor, as determined by the State, to estimate— (i) the upfront capital cost of each recommended upgrade; and (ii) the total upfront capital cost of implementing all recommended upgrades. (E) Loan recipients Each State providing loans under this paragraph shall, to the maximum extent practicable, provide loans to eligible recipients that do not have access to private capital. (3) Grants and technical assistance (A) In general A State that receives a capitalization grant under the program may use not more than 25 percent of the grant funds to provide grants or technical assistance to eligible entities described in subparagraph (B) to carry out the activities described in subparagraphs (A), (B), and (C) of paragraph (2). (B) Eligible entity An entity eligible for a grant or technical assistance under subparagraph (A) is— (i) a business that— (I) is an eligible recipient described in paragraph (2)(A)(iii); and (II) has fewer than 500 employees; or (ii) a low-income individual (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )) that owns a residential building. (4) Administrative expenses A State that receives a capitalization grant under the program may use not more than 10 percent of the grant funds for administrative expenses. (f) Coordination with existing programs A State receiving a capitalization grant under the program is encouraged to utilize and build on existing programs and infrastructure within the State that may aid the State in carrying out a revolving loan fund program. (g) Leveraging private capital A State receiving a capitalization grant under the program shall, to the maximum extent practicable, use the grant to leverage private capital. (h) Outreach The Secretary shall engage in outreach to inform States of the availability of capitalization grants under the program. (i) Davis-Bacon compliance (1) In general Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any project funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to 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. (j) Report Each State that receives a capitalization grant under the program shall, not later than 1 year after a grant is received, submit to the Secretary a report that describes— (1) the number of recipients to which the State has distributed— (A) loans for— (i) commercial energy audits under subsection (e)(2)(A); (ii) residential energy audits under subsection (e)(2)(B); (iii) energy upgrades and retrofits under subsection (e)(2)(C); and (B) grants under subsection (e)(3); and (2) the average capital cost of upgrades and retrofits across all commercial energy audits and residential energy audits that were conducted in the State using loans provided by the State under subsection (e). (k) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $250,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. 4. Energy auditor training grant program (a) Definitions In this section: (1) Covered certification The term covered certification means any of the following certifications: (A) The ASHRAE Building Energy Assessment Professional certification. (B) The Association of Energy Engineers Certified Energy Auditor certification. (C) The Building Performance Institute Home Energy Professional Energy Auditor certification. (D) The Residential Energy Services Network Home Energy Rater certification. (E) Any other third-party certification recognized by the Department of Energy. (F) Any third-party certification that the Secretary determines is equivalent to the certifications described in subparagraphs (A) through (E). (2) Eligible State The term eligible State means a State that— (A) has a demonstrated need for assistance for training energy auditors; and (B) meets any additional criteria determined necessary by the Secretary. (b) Establishment Under the State Energy Program, the Secretary shall establish a competitive grant program under which the Secretary shall award grants to eligible States to train individuals to conduct energy audits or surveys of commercial and residential buildings. (c) Applications (1) In general A State seeking a grant under subsection (b) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the energy auditor training program plan described in paragraph (2). (2) Energy auditor training program plan An energy auditor training program plan submitted with an application under paragraph (1) shall include— (A) (i) a proposed training curriculum for energy audit trainees; and (ii) an identification of the covered certification that those trainees will receive on completion of that training curriculum; (B) the expected per-individual cost of training; (C) a plan for connecting trainees with employment opportunities; and (D) any additional information required by the Secretary. (d) Amount of grant The amount of a grant awarded to an eligible State under subsection (b)— (1) shall be determined by the Secretary, taking into account the population of the eligible State; and (2) shall not exceed $2,000,000 for any eligible State. (e) Use of funds (1) In general An eligible State that receives a grant under subsection (b) shall use the grant funds— (A) to cover any cost associated with individuals being trained or certified to conduct energy audits by— (i) the State; or (ii) a State-certified third party training program; and (B) subject to paragraph (2), to pay the wages of a trainee during the period in which the trainee receives training and certification. (2) Limitation Not more than 10 percent of grant funds provided under subsection (b) to an eligible State may be used for the purpose described in paragraph (1)(B). (f) Consultation In carrying out this section, the Secretary shall consult with the Secretary of Labor. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $8,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s2066is/xml/BILLS-117s2066is.xml |
117-s-2067 | II 117th CONGRESS 1st Session S. 2067 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Cornyn (for himself, Mr. Coons , and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Tariff Act of 1930 to provide procedures for national security exclusion from the United States of articles or components of articles that contain, were produced using, benefit from, or use trade secrets misappropriated or acquired through improper means by a foreign agent or foreign instrumentality, and for other purposes.
1. Short title This Act may be cited as the Stopping and Excluding Chinese Rip-offs and Exports with United States Trade Secrets Act of 2021 or the SECRETS Act of 2021 . 2. National security exclusion for articles or components of articles that contain, were produced using, benefit from, or use trade secrets misappropriated or acquired through improper means by a foreign agent or foreign instrumentality (a) National security exclusion Title III of the Tariff Act of 1930 is amended by inserting after section 341 ( 19 U.S.C. 1341 ) the following: 342. National security exclusion for articles or components of articles that contain, were produced using, benefit from, or use trade secrets misappropriated or acquired through improper means by a foreign agent or foreign instrumentality (a) In general Upon a determination under subsection (c)(1), and subject to the procedures required under subsection (d), the Commission shall direct the exclusion from the United States of, on the basis of national security, imports of articles that contain, were produced using, benefit from, or use any trade secret acquired through improper means or misappropriation by a foreign agent or foreign instrumentality. (b) Interagency Committee on Trade Secrets (1) In general There is established an Interagency Committee on Trade Secrets (in this section referred to as the Committee ) to carry out the review and submission of allegations under paragraph (5) and such other duties as the President may designate as necessary to carry out this section. (2) Membership (A) In general The Committee shall be comprised of the following voting members (or the designee of any such member): (i) The Secretary of the Treasury. (ii) The Secretary of Homeland Security. (iii) The Secretary of Commerce. (iv) The Attorney General. (v) The Intellectual Property Enforcement Coordinator. (vi) The United States Trade Representative. (vii) The head of such other Federal agency or other executive office as the President determines appropriate, generally or on a case-by-case basis. (B) Director of National Intelligence (i) In general The Director of National Intelligence shall serve as an ex officio, nonvoting member of the Committee. (ii) Notice The Director of National Intelligence shall be provided with all notices received by the Committee regarding allegations under paragraph (5) but shall serve no policy role on the Committee other than to provide analysis unless serving on the Committee under subparagraph (A)(vii). (3) Chairperson The Attorney General shall serve as the chairperson of the Committee. (4) Meetings The Committee shall meet upon the direction of the President or upon the call of the chairperson, without regard to section 552b of title 5, United States Code (if otherwise applicable). (5) Unfair trade practice review The Committee shall— (A) review upon complaint under oath by the owner of a trade secret or on its own initiative any allegations that an article imported or to be imported into the United States is a covered article; and (B) if the Committee decides to proceed with those allegations, submit to the Commission a report including those allegations. (c) Ex parte preliminary review, investigation, and determination (1) Ex parte preliminary review Not later than 30 days after receipt of an allegation contained in a report under subsection (b)(5)(B) with respect to an article imported or to be imported into the United States, the Commission shall conduct a confidential, ex parte, preliminary review to determine whether there is a reasonable indication the article is more likely than not a covered article. (2) Investigation (A) In general Not later than 150 days after an affirmative determination under paragraph (1), the Commission shall conduct an ex parte, in-depth investigation, which may include a hearing at the discretion of the Commission, to consider if that determination should be extended under paragraph (3). (B) Analysis by Director of National Intelligence (i) In general As part of an investigation conducted under subparagraph (A) with respect to an allegation contained in a report under subsection (b)(5)(B), the Director of National Intelligence, at the request of the Commission, shall expeditiously carry out a thorough analysis of the allegation and shall incorporate the views of appropriate intelligence agencies with respect to the allegation. (ii) Timing Not later than 20 days after the date on which the Commission begins an investigation under subparagraph (A), the Director of National Intelligence shall submit to the Commission the analysis requested under clause (i). (iii) Supplementation or amendment Any analysis submitted under clause (i) may be supplemented or amended as the Director of National Intelligence considers necessary or appropriate or upon request by the Commission for additional information. (iv) Beginning of analysis before investigation The Director of National Intelligence may begin an analysis under clause (i) of an allegation contained in a report under subsection (b)(5)(B) before investigation by the Commission of the allegation under subparagraph (A), in accordance with applicable law. (3) Extension, modification, or termination (A) In general The Commission may extend, modify, or terminate a determination under paragraph (1) for good cause and as necessary and appropriate, as determined by the Commission in consultation with the Committee and based on the findings of the investigation conducted under paragraph (2). (B) Reconsideration The Commission shall reconsider any extension, modification, or termination under subparagraph (A) of a determination under paragraph (1) upon the request of the Committee. (4) Consideration In conducting a preliminary review under paragraph (1) or an investigation under paragraph (2) with respect to an article, the Commission may consider the following: (A) If the article contains, was produced using, benefits from, or uses any trade secret acquired through improper means or misappropriation by a foreign agent or foreign instrumentality. (B) The national security and policy interests of the United States, as established by the Committee for purposes of this section. (5) Disclosure of confidential information (A) In general Information submitted to the Commission or exchanged among the interested persons in connection with a preliminary review under paragraph (1) or an investigation under paragraph (2), including by the owner of the trade secret with respect to which the review or investigation is connected, may not be disclosed (except under a protective order issued under regulations of the Commission that authorizes limited disclosure of such information) to any person other than a person described in subparagraph (B). (B) Exception Notwithstanding the prohibition under subparagraph (A), information described in that subparagraph may be disclosed to— (i) an officer or employee of the Commission who is directly concerned with— (I) carrying out the preliminary review, investigation, or related proceeding in connection with which the information is submitted; (II) the administration or enforcement of a national security exclusion order issued under subsection (d); (III) a proceeding for the modification or rescission of a national security exclusion order issued under subsection (d); or (IV) maintaining the administrative record of the preliminary review, investigation, or related proceeding; (ii) an officer or employee of the United States Government who is directly involved in the review under subsection (d)(2); or (iii) an officer or employee of U.S. Customs and Border Protection who is directly involved in administering an exclusion from entry under subsection (d) resulting from the preliminary review, investigation, or related proceeding in connection with which the information is submitted. (6) Publication of results Not later than 30 days after a determination under paragraph (1) or an extension under paragraph (3), the Commission shall publish notice of the determination or extension, as the case may be, in the Federal Register. (7) Designation of lead agency from committee (A) In general The Attorney General shall designate, as appropriate, a Federal agency or agencies represented on the Committee to be the lead agency or agencies on behalf of the Committee for each action under paragraphs (1) through (3). (B) Duties The duties of the lead agency or agencies designated under subparagraph (A), with respect to an action under paragraphs (1) through (3), shall include assisting in the action and coordinating activity between the Committee and the Commission. (8) Consultation (A) In general In conducting an action under paragraphs (1) through (3), the Commission shall consult with the heads of such other Federal agencies (or their designees) as the Commission determines appropriate on the basis of the facts and circumstances of the action. (B) Cooperation The heads of Federal agencies consulted under subparagraph (A) for an action, and the agency or agencies designated under paragraph (7)(A), shall cooperate with the Commission in conducting the action, including by— (i) producing documents and witnesses for testimony; and (ii) assisting with any complaint or report or any analysis by the Committee. (9) Interaction with intelligence community The Director of National Intelligence shall ensure that the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) remains engaged in the collection, analysis, and dissemination to the Commission of any additional relevant information that may become available during the course of any action conducted under paragraphs (1) through (3). (10) Rule of construction regarding submission of additional information Nothing in this subsection shall be construed as prohibiting any interested person to an allegation described in subsection (b)(5) from submitting additional information concerning the allegation while an action under paragraphs (1) through (3) with respect to the allegation is ongoing. (d) Procedures for national security exclusion (1) In general If the Commission determines under subsection (c)(1) that it is more likely than not that an article to be imported into the United States is a covered article, not later than 30 days after receipt of the allegation described in that subsection with respect to that determination, the Commission shall— (A) direct through an order that the article concerned be excluded from entry into the United States under subsection (a); and (B) notify the President of that determination. (2) Presidential review If, before the end of the 15-day period beginning on the day after the date on which the President is notified under paragraph (1)(B) of the determination of the Commission under subsection (c)(1), the President disapproves of that determination and notifies the Commission of that disapproval, effective on the date of that notice, that determination shall have no force or effect. (3) Action by Secretary of the Treasury (A) Notification Upon expiration of the 15-day period described in paragraph (2), or notification from the President of approval of the determination of the Commission under subsection (c)(1) before the expiration of that period, the Commission shall notify the Secretary of the Treasury and the Secretary of Homeland Security of its action under subsection (a) to direct the exclusion of covered articles from entry. (B) Refusal of entry Upon receipt of notice under subparagraph (A) regarding the exclusion of covered articles from entry, the Secretary of the Treasury and the Secretary of Homeland Security shall refuse the entry of those articles. (4) Continuation in effect Any exclusion from entry of covered articles under subsection (a) shall continue in effect until the Commission— (A) determines that the conditions that led to such exclusion from entry do not exist; and (B) notifies the Secretary of the Treasury and the Secretary of Homeland Security of that determination. (5) Modification or rescission (A) In general An interested person may petition the Commission for a modification or rescission of an exclusion order under subsection (a). (B) Revisitation of exclusion The Commission may modify or rescind the exclusion at any time at the discretion of the Commission. (C) Burden of proof The burden of proof in any proceeding before the Commission regarding a petition made by an interested person under subparagraph (A) shall be on the interested person. (D) Relief A modification or rescission for which a petition is made under subparagraph (A) may be granted by the Commission— (i) on the basis of new evidence or evidence that could not have been presented at the prior proceeding; or (ii) on grounds that would permit relief from a judgment or order under the Federal Rules of Civil Procedure. (E) Evidentiary standard A modification or rescission may be made under subparagraph (A) if an interested person provides to the Commission clear and convincing evidence that such a modification or rescission should be made. (e) Civil actions (1) In general A civil action challenging a determination by the Commission under subsection (a) may be brought only— (A) in the United States Court of Appeals for the Federal Circuit; and (B) not later than 60 days after a petition for modification or rescission under subsection (d)(5) with respect to that determination has been conclusively decided. (2) Procedures for review of privileged information If a civil action challenging an determination under subsection (a) is brought under paragraph (1) and the court determines that protected information in the administrative record, including classified or other information subject to privilege or protections under law, is necessary to resolve the challenge, that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal. (3) Applicability of use of information provisions The use of information provisions of sections 106, 305, 405, and 706 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1806 , 1825, 1845, and 1881e) shall not apply in a civil action challenging an investigation or determination under this subsection. (f) Inapplicability of the Administrative Procedure Act (1) In general The requirements of subchapter II of chapter 5 of title 5, United States Code, shall not apply to— (A) an action conducted by the Commission under paragraphs (1) through (3) of subsection (c); or (B) the procedures for exclusion under paragraphs (4) and (5) of subsection (d). (2) Adjudication Any adjudication under this section shall not be subject to the requirements of sections 554, 556, and 557 of title 5, United States Code. (g) Freedom of Information Act exception Section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ), shall not apply to the activities conducted under this section. (h) Exclusion Any exclusion under this section shall not be subject to section 1581 of title 28, United States Code. (i) Regulations The Commission may prescribe such regulations as the Commission considers necessary and appropriate to carry out this section. (j) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. (k) Definitions In this section: (1) Article The term article includes any article or component of an article. (2) Covered article The term covered article means an article subject to exclusion from the United States under subsection (a). (3) Foreign agent; foreign instrumentality; improper means; misappropriation; owner; trade secret The terms foreign agent , foreign instrumentality , improper means , misappropriation , owner , and trade secret have the meanings given those terms in section 1839 of title 18, United States Code. (4) Interested person The term interested person , with respect to an allegation under subsection (b)(5), means a person named in the allegation or otherwise identified by the Commission as having a material interest with respect to the allegation. . (b) Clerical amendment The table of contents for the Tariff Act of 1930 is amended by inserting after the item relating to section 341 the following: Sec. 342. National security exclusion for articles or components of articles that contain, were produced using, benefit from, or use trade secrets misappropriated or acquired through improper means by a foreign agent or foreign instrumentality. . | https://www.govinfo.gov/content/pkg/BILLS-117s2067is/xml/BILLS-117s2067is.xml |
117-s-2068 | II 117th CONGRESS 1st Session S. 2068 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Cardin (for himself, Mr. Scott of South Carolina , Ms. Cantwell , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Minority Business Development Agency of the Department of Commerce to promote and administer programs in the public and private sectors to assist the development of minority business enterprises, to ensure that such Agency has the necessary supporting resources, particularly during economic downturns, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Minority Business Development Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Minority Business Development Agency. TITLE I—Existing initiatives Subtitle A—Market development, research, and information Sec. 101. Private sector development. Sec. 102. Public sector development. Sec. 103. Research and information. Subtitle B—Minority Business Development Agency Business Center Program Sec. 111. Definition. Sec. 112. Purpose. Sec. 113. Establishment. Sec. 114. Grants and cooperative agreements. Sec. 115. Minimizing disruptions to existing MBDA Business Center program. Sec. 116. Publicity. TITLE II—New initiatives to promote economic resiliency for minority businesses Sec. 201. Annual diverse business forum on capital formation. Sec. 202. Agency study on alternative financing solutions. Sec. 203. Educational development relating to management and entrepreneurship. TITLE III—Rural minority business center program Sec. 301. Definitions. Sec. 302. Business centers. Sec. 303. Report to Congress. Sec. 304. Study and report. TITLE IV—Minority business development grants Sec. 401. Grants to nonprofit organizations that support minority business enterprises. TITLE V—Minority business enterprises advisory council Sec. 501. Purpose. Sec. 502. Composition and term. Sec. 503. Duties. TITLE VI—Federal coordination of minority business programs Sec. 601. General duties. Sec. 602. Participation of Federal departments and agencies. TITLE VII—Administrative powers of the Agency; miscellaneous provisions Sec. 701. Administrative powers. Sec. 702. Federal assistance. Sec. 703. Recordkeeping. Sec. 704. Review and report by Comptroller General. Sec. 705. Biannual reports; recommendations. Sec. 706. Separability. Sec. 707. Executive Order 11625. Sec. 708. Amendment to the Federal Acquisition Streamlining Act of 1994. Sec. 709. Authorization of appropriations. 2. Findings and purposes (a) Findings Congress finds the following: (1) During times of economic downturn or recession, communities of color, and businesses within those communities, are generally more adversely affected. (2) Despite the growth in the number of minority business enterprises, gaps remain with respect to key metrics for those enterprises, such as access to capital, revenue, number of employees, and survival rate. Specifically— (A) according to the 2021 Small Business Credit Survey of the Federal Reserve Banks, Black-owned and Latino-owned employer businesses are more than 2 and 1.5 times more likely to be denied loans, respectively, than White-owned employer businesses; (B) according to the Bureau of the Census, the average non-minority business enterprise reports revenue that is more than 3 times higher than revenue reported by the average minority business enterprise; and (C) according to the Kauffman Foundation— (i) minority business enterprises are 1/2 as likely to employ individuals, as compared with non-minority business enterprises; and (ii) if minorities started and owned businesses at the same rate as non-minorities, the economy of the United States would have more than 1,000,000 additional employer businesses and more than 9,500,000 additional jobs. (3) Because of the conditions described in paragraph (2), it is in the interest of the United States and the economy of the United States to expeditiously ameliorate the disparities that minority business enterprises experience. (4) Many individuals who own minority business enterprises are socially disadvantaged because those individuals identify as members of certain groups that have suffered the effects of discriminatory practices or similar circumstances over which those individuals have no control, including individuals who are— (A) Black or African American; (B) Hispanic or Latino; (C) American Indian or Alaska Native; (D) Asian; and (E) Native Hawaiian or other Pacific Islander. (5) Discriminatory practices and similar circumstances described in paragraph (4) are a significant determinant of overall economic disadvantage in the United States. (6) It is in the interest of Congress to address the persistent racial wealth gap in the United States and to support entrepreneurship as a pathway to wealth development. (7) While other Federal agencies focus only on small businesses and businesses that represent a broader demographic than solely minority business enterprises, the Agency focuses exclusively on— (A) the unique needs of minority business enterprises; and (B) enhancing the capacity of minority business enterprises. (b) Purposes The purposes of this Act are to— (1) require the Agency to promote and administer programs in the public and private sectors to assist the development of minority business enterprises; and (2) achieve the development described in paragraph (1) by authorizing the Under Secretary to carry out programs that will result in increased access to capital, management, and technology for minority business enterprises. 3. Definitions In this Act: (1) Agency The term Agency means the Minority Business Development Agency of the Department of Commerce. (2) Community-based organization The term community-based organization has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Eligible entity Except as otherwise expressly provided, the term eligible entity — (A) means— (i) a private sector entity; (ii) a public sector entity; or (iii) a Tribal government; and (B) includes an institution of higher education. (4) Federal agency The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. (5) Federally recognized area of economic distress The term federally recognized area of economic distress means— (A) a HUBZone, as that term is defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) ); (B) an area that— (i) has been designated as— (I) an empowerment zone under section 1391 of the Internal Revenue Code of 1986; or (II) a Promise Zone by the Secretary of Housing and Urban Development; or (ii) is a low or moderate income area, as determined by the Department of Housing and Urban Development; (C) a qualified opportunity zone, as that term is defined in section 1400Z–1 of the Internal Revenue Code of 1986; or (D) any other political subdivision or unincorporated area of a State determined by the Under Secretary to be an area of economic distress. (6) Indian Tribe The term Indian Tribe — (A) has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); and (B) includes a Native Hawaiian organization. (7) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (8) MBDA Business Center The term MBDA Business Center means any business center that— (A) is established by the Agency; and (B) provides technical business assistance to minority business enterprises consistent with the requirements of this Act. (9) MBDA Business Center agreement The term MBDA Business Center agreement means a legal instrument— (A) reflecting a relationship between the Agency and the recipient of a Federal assistance award that is the subject of the instrument; and (B) that establishes the terms by which the recipient described in subparagraph (A) shall operate an MBDA Business Center. (10) Minority business enterprise (A) In general The term minority business enterprise means a business enterprise— (i) that is not less than 51 percent-owned by 1 or more socially or economically disadvantaged individuals; and (ii) the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals. (B) Rule of construction Nothing in subparagraph (A) may be construed to exclude a business enterprise from qualifying as a minority business enterprise under that subparagraph because of— (i) the status of the business enterprise as a for-profit or not-for-profit enterprise; or (ii) the annual revenue of the business enterprise. (11) Private sector entity The term private sector entity — (A) means an entity that is not a public sector entity; and (B) does not include— (i) the Federal Government; (ii) any Federal agency; or (iii) any instrumentality of the Federal Government. (12) Public sector entity The term public sector entity means— (A) a State; (B) an agency of a State; (C) a political subdivision of a State; or (D) an agency of a political subdivision of a State. (13) Secretary The term Secretary means the Secretary of Commerce. (14) Socially or economically disadvantaged business concern The term socially or economically disadvantaged business concern means a for-profit business enterprise— (A) (i) that is not less than 51 percent owned by 1 or more socially or economically disadvantaged individuals; or (ii) that is socially or economically disadvantaged; or (B) the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals. (15) Socially or economically disadvantaged individual (A) In general The term socially or economically disadvantaged individual means an individual who has been subjected to racial or ethnic prejudice or cultural bias (or the ability of whom to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities, as compared to others in the same line of business and competitive market area) because of the identity of the individual as a member of a group, without regard to any individual quality of the individual that is unrelated to that identity. (B) Presumption In carrying out this Act, the Under Secretary shall presume that the term socially or economically disadvantaged individual includes any individual who is— (i) Black or African American; (ii) Hispanic or Latino; (iii) American Indian or Alaska Native; (iv) Asian; (v) Native Hawaiian or other Pacific Islander; or (vi) a member of a group that the Agency determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. (16) Specialty center The term specialty center means an MBDA Business Center that provides specialty services focusing on specific business needs, including assistance relating to— (A) capital access; (B) Federal procurement; (C) entrepreneurship; (D) technology transfer; or (E) any other area determined necessary or appropriate based on the priorities of the Agency. (17) State The term State means— (A) each of the States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) the United States Virgin Islands; (E) Guam; (F) American Samoa; (G) the Commonwealth of the Northern Mariana Islands; and (H) each Indian Tribe. (18) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Minority Business Development, who is appointed as described in section 4(b) to administer this Act. 4. Minority Business Development Agency (a) In general There is within the Department of Commerce the Minority Business Development Agency. (b) Under Secretary (1) Appointment and duties The Agency shall be headed by the Under Secretary of Commerce for Minority Business Development, who shall— (A) be appointed by the President, by and with the advice and consent of the Senate; (B) except as otherwise expressly provided, be responsible for the administration of this Act; and (C) report directly to the Secretary. (2) Compensation (A) In general The Under Secretary shall be compensated at an annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code. (B) Technical and conforming amendment Section 5314 of title 5, United States Code, is amended by striking and Under Secretary of Commerce for Travel and Tourism and inserting Under Secretary of Commerce for Travel and Tourism, and Under Secretary of Commerce for Minority Business Development . (c) Report to Congress Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes— (1) the organizational structure of the Agency; (2) the organizational position of the Agency within the Department of Commerce; and (3) a description of how the Agency shall function in relation to the operations carried out by each other component of the Department of Commerce. (d) Office of Business Centers (1) Establishment There is established within the Agency the Office of Business Centers. (2) Director The Office of Business Centers shall be administered by a Director, who shall be appointed by the Under Secretary. (e) Offices of the Agency (1) In general In addition to the regional offices that the Under Secretary is required to establish under paragraph (2), the Under Secretary shall establish such other offices within the Agency as are necessary to carry out this Act. (2) Regional offices (A) In general In order to carry out this Act, the Under Secretary shall establish a regional office of the Agency for each of the regions of the United States, as determined by the Under Secretary. (B) Duties Each regional office established under subparagraph (A) shall expand the reach of the Agency and enable the Federal Government to better serve the needs of minority business enterprises in the region served by the office, including by— (i) understanding and participating in the business environment of that region; (ii) working with— (I) MBDA Business Centers that are located in that region; (II) resource and lending partners of other appropriate Federal agencies that are located in that region; and (III) Federal, State, and local procurement offices that are located in that region; (iii) being aware of business retention or expansion programs that are specific to that region; (iv) seeking out opportunities to collaborate with regional public and private programs that focus on minority business enterprises; and (v) promoting business continuity and preparedness. I Existing initiatives A Market development, research, and information 101. Private sector development The Under Secretary shall, whenever the Under Secretary determines such action is necessary or appropriate— (1) provide Federal assistance to minority business enterprises operating in domestic and foreign markets by making available to those business enterprises, either directly or in cooperation with private sector entities, including community-based organizations and national nonprofit organizations— (A) resources relating to management; (B) technological and technical assistance; (C) financial, legal, and marketing services; and (D) services relating to workforce development; (2) encourage minority business enterprises to establish joint ventures and projects— (A) with other minority business enterprises; or (B) in cooperation with public sector entities or private sector entities, including community-based organizations and national nonprofit organizations, to increase the share of any market activity being performed by minority business enterprises; and (3) facilitate the efforts of private sector entities and Federal agencies to advance the growth of minority business enterprises. 102. Public sector development The Under Secretary shall, whenever the Under Secretary determines such action is necessary or appropriate— (1) consult and cooperate with public sector entities for the purpose of leveraging resources available in the jurisdictions of those public sector entities to promote the position of minority business enterprises in the local economies of those public sector entities, including by assisting public sector entities to establish or enhance— (A) programs to procure goods and services through minority business enterprises and goals for that procurement; (B) programs offering assistance relating to— (i) management; (ii) technology; (iii) law; (iv) financing, including accounting; (v) marketing; and (vi) workforce development; and (C) informational programs designed to inform minority business enterprises located in the jurisdictions of those public sector entities about the availability of programs described in this section; (2) meet with leaders and officials of public sector entities for the purpose of recommending and promoting local administrative and legislative initiatives needed to advance the position of minority business enterprises in the local economies of those public sector entities; and (3) facilitate the efforts of public sector entities and Federal agencies to advance the growth of minority business enterprises. 103. Research and information (a) In general In order to achieve the purposes of this Act, the Under Secretary— (1) shall— (A) collect and analyze data, including data relating to the causes of the success or failure of minority business enterprises; (B) conduct research, studies, and surveys of— (i) economic conditions generally in the United States; and (ii) how the conditions described in clause (i) particularly affect the development of minority business enterprises; and (C) provide outreach, educational services, and technical assistance in, at a minimum, the 5 most commonly spoken languages in the United States to ensure that limited-English proficient individuals receive culturally and linguistically appropriate access to the services and information provided by the Agency; and (2) may perform an evaluation of programs carried out by the Under Secretary that are designed to assist the development of minority business enterprises. (b) Information clearinghouse The Under Secretary shall— (1) establish and maintain an information clearinghouse for the collection and dissemination to relevant parties (including business owners and researchers) of demographic, economic, financial, managerial, and technical data relating to minority business enterprises; and (2) take such steps as the Under Secretary may determine to be necessary and desirable to— (A) search for, collect, classify, coordinate, integrate, record, and catalog the data described in paragraph (1); and (B) in a manner that is consistent with section 552a of title 5, United States Code, protect the privacy of the minority business enterprises to which the data described in paragraph (1) relates. B Minority Business Development Agency Business Center Program 111. Definition In this subtitle, the term MBDA Business Center Program means the program established under section 113. 112. Purpose The purpose of the MBDA Business Center Program shall be to create a national network of public-private partnerships that— (1) assist minority business enterprises to— (A) access capital, contracts, and grants; and (B) create and maintain jobs; (2) provide counseling and mentoring to minority business enterprises; and (3) facilitate the growth of minority business enterprises by promoting trade. 113. Establishment (a) In general There is established in the Agency a program— (1) that shall be known as the MBDA Business Center Program; (2) that shall be separate and distinct from the efforts of the Under Secretary under section 101; and (3) under which the Under Secretary shall make Federal assistance awards to eligible entities to operate MBDA Business Centers, which shall, in accordance with section 114, provide technical assistance and business development services, or specialty services, to minority business enterprises. (b) Coverage The Under Secretary shall take all necessary actions to ensure that the MBDA Business Center Program, in accordance with section 114, offers the services described in subsection (a)(3) in all regions of the United States. 114. Grants and cooperative agreements (a) Requirements An MBDA Business Center (referred to in this subtitle as a Center ), with respect to the Federal financial assistance award made to operate the Center under the MBDA Business Center Program— (1) shall— (A) provide to minority business enterprises programs and services determined to be appropriate by the Under Secretary, which may include— (i) referral services to meet the needs of minority business enterprises; and (ii) programs and services to accomplish the goals described in section 101(1); (B) develop, cultivate, and maintain a network of strategic partnerships with organizations that foster access by minority business enterprises to economic markets, capital, or contracts; (C) continue to upgrade and modify the services provided by the Center, as necessary, in order to meet the changing and evolving needs of the business community; (D) establish or continue a referral relationship with not less than 1 community-based organization; and (E) collaborate with other Centers; and (2) in providing programs and services under the applicable MBDA Business Center agreement, may— (A) operate on a fee-for-service basis; or (B) generate income through the collection of— (i) client fees; (ii) membership fees; and (iii) any other appropriate fees proposed by the Center in the application submitted by the Center under subsection (e). (b) Term Subject to subsection (g)(3), the term of an MBDA Business Center agreement shall be not less than 3 years. (c) Financial assistance (1) In general The amount of financial assistance provided by the Under Secretary under an MBDA Business Center agreement shall be not less than $250,000 for the term of the agreement. (2) Matching requirement (A) In general A Center shall match not less than 1/3 of the amount of the financial assistance awarded to the Center under the terms of the applicable MBDA Business Center agreement, unless the Under Secretary determines that a waiver of that requirement is necessary after a demonstration by the Center of a substantial need for that waiver. (B) Form of funds A Center may meet the matching requirement under subparagraph (A) by using— (i) cash or in-kind contributions, without regard to whether the contribution is made by a third party; or (ii) Federal funds received from other Federal programs. (3) Use of financial assistance and program income A Center shall use— (A) all financial assistance awarded to the Center under the applicable MBDA Business Center agreement to carry out subsection (a); and (B) all income that the Center generates in carrying out subsection (a)— (i) to meet the matching requirement under paragraph (2) of this subsection; and (ii) if the Center meets the matching requirement under paragraph (2) of this subsection, to carry out subsection (a). (d) Criteria for selection The Under Secretary shall— (1) establish criteria that— (A) the Under Secretary shall use in determining whether to enter into an MBDA Business Center agreement with an eligible entity; and (B) may include criteria relating to whether an eligible entity is located in— (i) an area, the population of which is composed of not less than 51 percent socially or economically disadvantaged individuals, as determined in accordance with data collected by the Bureau of the Census; (ii) a federally recognized area of economic distress; or (iii) a State that is underserved with respect to the MBDA Business Center Program, as defined by the Under Secretary; and (2) make the criteria and standards established under paragraph (1) publicly available, including— (A) on the website of the Agency; and (B) in each Notice of Funding Opportunity soliciting MBDA Business Center agreements. (e) Applications An eligible entity desiring to enter into an MBDA Business Center agreement shall submit to the Under Secretary an application that includes— (1) a statement of— (A) how the eligible entity will carry out subsection (a); and (B) any experience or plans of the eligible entity with respect to— (i) assisting minority business enterprises to— (I) obtain— (aa) large-scale contracts, grants, or procurements; (bb) financing; or (cc) legal assistance; (II) access established supply chains; and (III) engage in— (aa) joint ventures, teaming arrangements, and mergers and acquisitions; or (bb) large-scale transactions in global markets; (ii) supporting minority business enterprises in increasing the size of the workforces of those enterprises, including, with respect to a minority business enterprise that does not have employees, aiding the minority business enterprise in becoming an enterprise that has employees; and (iii) advocating for minority business enterprises; and (2) the budget and corresponding budget narrative that the eligible entity will use in carrying out subsection (a) during the term of the applicable MBDA Business Center agreement. (f) Notification If the Under Secretary grants an application of an eligible entity submitted under subsection (e), the Under Secretary shall notify the eligible entity that the application has been granted not later than 150 days after the last day on which an application may be submitted under that subsection. (g) Program examination; accreditation; extensions (1) Examination Not later than 180 days after the date of enactment of this Act, and biennially thereafter, the Under Secretary shall conduct a programmatic financial examination of each Center. (2) Accreditation The Under Secretary may provide financial support, by contract or otherwise, to an association, not less than 51 percent of the members of which are Centers, to— (A) pursue matters of common concern with respect to Centers; and (B) develop an accreditation program with respect to Centers. (3) Extensions (A) In general The Under Secretary may extend the term under subsection (b) of an MBDA Business Center agreement to which a Center is a party, if the Center consents to the extension. (B) Financial assistance If the Under Secretary extends the term of an MBDA Business Center agreement under paragraph (1), the Under Secretary shall, in the same manner and amount in which financial assistance was provided during the initial term of the agreement, provide financial assistance under the agreement during the extended term of the agreement. (h) MBDA involvement The Under Secretary may take actions to ensure that the Agency is substantially involved in the activities of Centers in carrying out subsection (a), including by— (1) providing to each Center training relating to the MBDA Business Center Program; (2) requiring that the operator and staff of each Center— (A) attend— (i) a conference with the Agency to establish the services and programs that the Center will provide in carrying out the requirements before the date on which the Center begins providing those services and programs; and (ii) training provided under paragraph (1); (B) receive necessary guidance relating to carrying out the requirements under subsection (a); and (C) work in coordination and collaboration with the Under Secretary to carry out the MBDA Business Center Program and other programs of the Agency; (3) facilitating connections between Centers and— (A) Federal agencies other than the Agency, as appropriate; and (B) other institutions or entities that use Federal resources, such as— (i) small business development centers, as that term is defined in section 3(t) of the Small Business Act ( 15 U.S.C. 632(t) ); (ii) women’s business centers described in section 29 of the Small Business Act ( 15 U.S.C. 656 ); (iii) eligible entities, as that term is defined in section 2411 of title 10, United States Code, that provide services under the program carried out under chapter 142 of that title; and (iv) entities participating in the Hollings Manufacturing Extension Partnership Program established under section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ); (4) monitoring projects carried out by each Center; and (5) establishing and enforcing administrative and reporting requirements for each Center to carry out subsection (a). (i) Regulations The Under Secretary shall issue and publish regulations that establish minimum standards regarding verification of minority business enterprise status for clients of entities operating under the MBDA Business Center Program. 115. Minimizing disruptions to existing MBDA Business Center program The Under Secretary shall ensure that each Federal assistance award made under the Business Centers program of the Agency, as is in effect on the day before the date of enactment of this Act, is carried out in a manner that, to the greatest extent practicable, prevents disruption of any activity carried out under that award. 116. Publicity In carrying out the MBDA Business Center Program, the Under Secretary shall widely publicize the MBDA Business Center Program, including— (1) on the website of the Agency; (2) via social media outlets; and (3) by sharing information relating to the MBDA Business Center Program with community-based organizations, including interpretation groups where necessary, to communicate in the most common languages spoken by the groups served by those organizations. II New initiatives to promote economic resiliency for minority businesses 201. Annual diverse business forum on capital formation (a) Responsibility of Agency Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Under Secretary shall conduct a Government-business forum to review the current status of problems and programs relating to capital formation by minority business enterprises. (b) Participation in forum planning The Under Secretary shall invite the heads of other Federal agencies, such as the Chairman of the Securities and Exchange Commission, the Secretary of the Treasury, and the Chairman of the Board of Governors of the Federal Reserve System, organizations representing State securities commissioners, representatives of leading minority chambers of commerce, not less than 1 certified owner of a minority business enterprise, business organizations, and professional organizations concerned with capital formation to participate in the planning of each forum conducted under subsection (a). (c) Preparation of statements and reports (1) Requests The Under Secretary may request that any head of a Federal department, agency, or organization, including those described in subsection (b), or any other group or individual, prepare a statement or report to be delivered at any forum conducted under subsection (a). (2) Cooperation Any head of a Federal department, agency, or organization who receives a request under paragraph (1) shall, to the greatest extent practicable, cooperate with the Under Secretary to fulfill that request. (d) Transmittal of proceedings and findings The Under Secretary shall— (1) prepare a summary of the proceedings of each forum conducted under subsection (a), which shall include the findings and recommendations of the forum; and (2) transmit the summary described in paragraph (1) with respect to each forum conducted under subsection (a) to— (A) the participants in the forum; (B) Congress; and (C) the public, through a publicly available website. (e) Review of findings and recommendations; public statements (1) In general A Federal agency to which a finding or recommendation described in subsection (d)(1) relates shall— (A) review that finding or recommendation; and (B) promptly after the finding or recommendation is transmitted under subsection (d)(2)(C), issue a public statement— (i) assessing the finding or recommendation; and (ii) disclosing the action, if any, the Federal agency intends to take with respect to the finding or recommendation. (2) Joint statement permitted If a finding or recommendation described in subsection (d)(1) relates to more than 1 Federal agency, the applicable Federal agencies may, for the purposes of the public statement required under paragraph (1)(B), issue a joint statement. 202. Agency study on alternative financing solutions (a) Purpose The purpose of this section is to provide information relating to alternative financing solutions to minority business enterprises, as those business enterprises are more likely to struggle in accessing, particularly at affordable rates, traditional sources of capital. (b) Study and report Not later than 1 year after the date of enactment of this Act, the Under Secretary shall— (1) conduct a study on opportunities for providing alternative financing solutions to minority business enterprises; and (2) submit to Congress, and publish on the website of the Agency, a report describing the findings of the study carried out under paragraph (1). 203. Educational development relating to management and entrepreneurship (a) Duties The Under Secretary shall, whenever the Under Secretary determines such action is necessary or appropriate— (1) promote the education and training of socially or economically disadvantaged individuals in subjects directly relating to business administration and management; (2) encourage institutions of higher education, leaders in business and industry, and other public sector entities and private sector entities, particularly minority business enterprises, to— (A) develop programs to offer scholarships and fellowships, apprenticeships, and internships relating to business to socially or economically disadvantaged individuals; and (B) sponsor seminars, conferences, and similar activities relating to business for the benefit of socially or economically disadvantaged individuals; (3) stimulate and accelerate curriculum design and improvement in support of development of minority business enterprises; and (4) encourage and assist private institutions and organizations and public sector entities to undertake activities similar to the activities described in paragraphs (1), (2), and (3). (b) Parren J. Mitchell entrepreneurship education grants (1) Definition In this subsection, the term eligible institution means an institution of higher education described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (2) Grants The Under Secretary shall award grants to eligible institutions to develop and implement entrepreneurship curricula. (3) Requirements An eligible institution to which a grant is awarded under this subsection shall use the grant funds to— (A) develop a curriculum that includes training in various skill sets needed by contemporary successful entrepreneurs, including— (i) business management and marketing; (ii) financial management and accounting; (iii) market analysis; (iv) competitive analysis; (v) innovation; (vi) strategic and succession planning; (vii) marketing; and (viii) any other skill set that the eligible institution determines is necessary for the students served by the eligible institution and the community in which the eligible institution is located; and (B) implement the curriculum developed under subparagraph (A) at the eligible institution. (4) Implementation timeline The Under Secretary shall establish and publish a timeline under which an eligible institution to which a grant is awarded under this section shall carry out the requirements under paragraph (3). (5) Reports Each year, the Under Secretary shall submit to all applicable committees of Congress, and as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, a report evaluating the awarding and use of grants under this subsection during the fiscal year immediately preceding the date on which the report is submitted, which shall include, with respect to that fiscal year— (A) a description of each curriculum developed and implemented under each grant awarded under this section; (B) the date on which each grant awarded under this section was awarded; and (C) the number of eligible entities that were recipients of grants awarded under this section. III Rural minority business center program 301. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Financial Services of the House of Representatives. (2) Eligible entity The term eligible entity means— (A) a part B institution; or (B) a consortium of institutions of higher education that is led by a part B institution. (3) MBDA Rural Business Center The term MBDA Rural Business Center means an MBDA Business Center that provides technical business assistance to minority business enterprises located in rural areas. (4) MBDA Rural Business Center agreement The term MBDA Rural Business Center agreement means an MBDA Business Center agreement that establishes the terms by which the recipient of the Federal assistance award that is the subject of the agreement shall operate an MBDA Rural Business Center. (5) Part B institution The term part B institution has the meaning given the term in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (6) Rural area The term rural area has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ). (7) Rural minority business enterprise The term rural minority business enterprise means a minority business enterprise located in a rural area. 302. Business centers (a) In general The Under Secretary may establish MBDA Rural Business Centers. (b) Partnership (1) In general With respect to an MBDA Rural Business Center established by the Under Secretary, the Under Secretary shall establish the MBDA Rural Business Center in partnership with an eligible entity in accordance with paragraph (2). (2) MBDA agreement (A) In general With respect to each MBDA Rural Business Center established by the Under Secretary, the Under Secretary shall enter into a cooperative agreement with an eligible entity that provides that— (i) the eligible entity shall provide space, facilities, and staffing for the MBDA Rural Business Center; (ii) the Under Secretary shall provide funding for, and oversight with respect to, the MBDA Rural Business Center; and (iii) subject to subparagraph (B), the eligible entity shall match 20 percent of the amount of the funding provided by the Under Secretary under clause (ii), which may be calculated to include the costs of providing the space, facilities, and staffing under clause (i). (B) Lower match requirement Based on the available resources of an eligible entity, the Under Secretary may enter into a cooperative agreement with the eligible entity that provides that— (i) the eligible entity shall match less than 20 percent of the amount of the funding provided by the Under Secretary under subparagraph (A)(ii); or (ii) if the Under Secretary makes a determination, upon a demonstration by the eligible entity of substantial need, the eligible entity shall not be required to provide any match with respect to the funding provided by the Under Secretary under subparagraph (A)(ii). (C) Eligible funds An eligible entity may provide matching funds required under an MBDA Rural Business Center agreement with Federal funds received from other Federal programs. (3) Term The initial term of an MBDA Rural Business Center agreement shall be not less than 3 years. (4) Extension The Under Secretary and an eligible entity may agree to extend the term of an MBDA Rural Business Center agreement with respect to an MBDA Rural Business Center. (c) Functions An MBDA Rural Business Center shall— (1) primarily serve clients that are— (A) rural minority business enterprises; or (B) minority business enterprises that are located more than 50 miles from an MBDA Business Center (other than that MBDA Rural Business Center); (2) focus on— (A) issues relating to— (i) the adoption of broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation), digital literacy skills, and e-commerce by rural minority business enterprises; (ii) advanced manufacturing; (iii) the promotion of manufacturing in the United States; (iv) ways in which rural minority business enterprises can meet gaps in the supply chain of critical supplies and essential goods and services for the United States; (v) improving the connectivity of rural minority business enterprises through transportation and logistics; (vi) promoting trade and export opportunities by rural minority business enterprises; (vii) securing financial capital; (viii) facilitating entrepreneurship in rural areas; and (ix) creating jobs in rural areas; and (B) any other issue relating to the unique challenges faced by rural minority business enterprises; and (3) provide education, training, and legal, financial, and technical assistance to minority business enterprises. (d) Applications (1) In general Not later than 90 days after the date of enactment of this Act, the Under Secretary shall issue a Notice of Funding Opportunity requesting applications from eligible entities that desire to enter into MBDA Rural Business Center agreements. (2) Criteria and priority In selecting an eligible entity with which to enter into an MBDA Rural Business Center agreement, the Under Secretary shall— (A) select an eligible entity that demonstrates— (i) the ability to collaborate with governmental and private sector entities to leverage capabilities of minority business enterprises through public-private partnerships; (ii) the research and extension capacity to support minority business enterprises; (iii) knowledge of the community that the eligible entity serves and the ability to conduct effective outreach to that community to advance the goals of an MBDA Rural Business Center; (iv) the ability to provide innovative business solutions, including access to contracting opportunities, markets, and capital; (v) the ability to provide services that advance the development of science, technology, engineering, and math jobs within minority business enterprises; (vi) the ability to leverage resources from within the eligible entity to advance an MBDA Rural Business Center; (vii) that the mission of the eligible entity aligns with the mission of the Agency; (viii) the ability to leverage relationships with rural minority business enterprises; and (ix) a referral relationship with not less than 1 community-based organization; and (B) give priority to an eligible entity located in a State or region that— (i) lacks an MBDA Business Center, as of the date of enactment of this Act; or (ii) has a significant population of socially or economically disadvantaged individuals. 303. Report to Congress Not later than 1 year after the date of enactment of this Act, the Under Secretary shall submit to the appropriate congressional committees a report that includes— (1) a summary of the efforts of the Under Secretary to provide services to minority business enterprises located in States that lack an MBDA Business Center, as of the date of enactment of this Act, and especially in those States that have significant minority populations; and (2) recommendations for extending the outreach of the Agency to underserved areas. 304. Study and report (a) In general The Under Secretary, in coordination with relevant leadership of the Agency and relevant individuals outside of the Department of Commerce, shall conduct a study that addresses the ways in which minority business enterprises can meet gaps in the supply chain of the United States, with a particular focus on the supply chain of advanced manufacturing and essential goods and services. (b) Report Not later than 1 year after the date of enactment of this Act, the Under Secretary shall submit to the appropriate congressional committees a report that includes the results of the study conducted under subsection (a), which shall include recommendations regarding the ways in which minority business enterprises can meet gaps in the supply chain of the United States. IV Minority business development grants 401. Grants to nonprofit organizations that support minority business enterprises (a) Definition In this section, the term covered entity means a private nonprofit organization that— (1) is described in paragraph (3), (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (2) can demonstrate that a primary activity of the organization is to provide services to minority business enterprises, whether through education, making grants or loans, or other similar activities. (b) Purpose The purpose of this section is to make grants to covered entities to help those covered entities continue the necessary work of supporting minority business enterprises. (c) Establishment of office Not later than 180 days after the date of enactment of this Act, the Under Secretary shall establish within the Agency an office that has adequate staffing to make and administer grants under this section. (d) Application A covered entity desiring a grant under this section shall submit to the Under Secretary an application at such time, in such manner, and containing such information as the Under Secretary may require. (e) Priority The Under Secretary shall, in carrying out this section, prioritize granting an application submitted by a covered entity that is located in a federally recognized area of economic distress. (f) Use of funds A covered entity to which a grant is made under this section may use the grant funds to support the development, growth, or retention of minority business enterprises. (g) Procedures The Under Secretary shall establish procedures to— (1) discourage and prevent waste, fraud, and abuse by applicants for, and recipients of, grants made under this section; and (2) ensure that grants are made under this section to a diverse array of covered entities, including— (A) covered entities with a national presence; (B) community-based covered entities; (C) covered entities with annual budgets below $1,000,000; and (D) covered entities that principally serve low-income and rural communities. (h) Inspector General audit Not later than 180 days after the date on which the Under Secretary begins making grants under this section, the Inspector General of the Department of Commerce shall— (1) conduct an audit of grants made under this section, which shall seek to identify any discrepancies or irregularities with respect to those grants; and (2) submit to Congress a report regarding the audit conducted under paragraph (1). (i) Updates to Congress Not later than 90 days after the date on which the Under Secretary establishes the office described in subsection (c), and once every 30 days thereafter, the Under Secretary shall submit to Congress a report that contains— (1) the number of grants made under this section during the period covered by the report; and (2) with respect to the grants described in paragraph (1)— (A) the geographic distribution of those grants by State and county; (B) if applicable, demographic information with respect to the minority business enterprises served by the covered entities to which the grants were made; and (C) information regarding the industries of the minority business enterprises served by the covered entities to which the grants were made. V Minority business enterprises advisory council 501. Purpose The Under Secretary shall establish the Minority Business Enterprises Advisory Council (referred to in this title as the Council ) to advise and assist the Agency. 502. Composition and term (a) Composition The Council shall be composed of 9 members of the private sector and 1 representative from each of not fewer than 10 Federal agencies that support or otherwise have duties that relate to business formation, including duties relating to labor development, monetary policy, national security, energy, agriculture, transportation, and housing. (b) Chair The Under Secretary shall designate 1 of the private sector members of the Council as the Chair of the Council for a 1-year term. (c) Term The Council shall meet at the request of the Under Secretary and members shall serve for a term of 2 years. Members of the Council may be reappointed. 503. Duties (a) In general The Council shall provide advice to the Under Secretary by— (1) serving as a source of knowledge and information on developments in areas of the economic and social life of the United States that affect socially or economically disadvantaged business concerns; (2) providing the Under Secretary with information regarding plans, programs, and activities in the public and private sectors that relate to socially or economically disadvantaged business concerns; and (3) advising the Under Secretary regarding— (A) any measures to better achieve the objectives of this Act; and (B) problems and matters the Under Secretary refers to the Council. (b) Capacity Members of the Council shall not be compensated for service on the Council but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (c) Termination Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Council shall terminate on the date that is 5 years after the date of enactment of this Act. VI Federal coordination of minority business programs 601. General duties The Under Secretary may coordinate, as consistent with law, the plans, programs, and operations of the Federal Government that affect, or may contribute to, the establishment, preservation, and strengthening of socially or economically disadvantaged business concerns. 602. Participation of Federal departments and agencies The Under Secretary shall— (1) consult with other Federal departments and agencies as appropriate to— (A) develop policies, comprehensive plans, and specific program goals for the programs carried out under subtitle B of title I and title III; (B) establish regular performance monitoring and reporting systems to ensure that goals established by the Under Secretary with respect to the implementation of this Act are being achieved; and (C) evaluate the impact of Federal support of socially or economically disadvantaged business concerns in achieving the objectives of this Act; (2) conduct a coordinated review of all proposed Federal training and technical assistance activities in direct support of the programs carried out under subtitle B of title I and title III to ensure consistency with program goals and to avoid duplication; and (3) convene, for purposes of coordination, meetings of the heads of such departments and agencies, or their designees, the programs and activities of which may affect or contribute to the carrying out of this Act. VII Administrative powers of the Agency; miscellaneous provisions 701. Administrative powers (a) In general In carrying out this Act, the Under Secretary may— (1) adopt and use a seal for the Agency, which shall be judicially noticed; (2) hold hearings, sit and act, and take testimony as the Under Secretary may determine to be necessary or appropriate to carry out this Act; (3) acquire, in any lawful manner, any property that the Under Secretary determines to be necessary or appropriate to carry out this Act; (4) with the consent of another Federal agency, enter into an agreement with that Federal agency to utilize, with or without reimbursement, any service, equipment, personnel, or facility of that Federal agency; and (5) coordinate with the heads of the Offices of Small and Disadvantaged Business Utilization of Federal agencies. (b) Use of property (1) In general Subject to paragraph (2), in carrying out this Act, the Under Secretary may, without cost (except for costs of care and handling), allow any public sector entity, or any recipient nonprofit organization, for the purpose of the development of minority business enterprises, to use any real or tangible personal property acquired by the Agency in carrying out this Act. (2) Terms, conditions, reservations, and restrictions The Under Secretary may impose reasonable terms, conditions, reservations, and restrictions upon the use of any property under paragraph (1). 702. Federal assistance (a) In general (1) Provision of Federal assistance To carry out sections 101, 102, and 103(a), the Under Secretary may provide Federal assistance to public sector entities and private sector entities in the form of grants or cooperative agreements. (2) Notice Not later than 120 days after the date on which amounts are appropriated to carry out this section, the Under Secretary shall, in accordance with subsection (b), broadly publish a statement regarding Federal assistance that will, or may, be provided under paragraph (1) during the fiscal year for which those amounts are appropriated, including— (A) the actual, or anticipated, amount of Federal assistance that will, or may, be made available; (B) the types of Federal assistance that will, or may, be made available; (C) the manner in which Federal assistance will be allocated among public sector entities and private sector entities, as applicable; and (D) the methodology used by the Under Secretary to make allocations under subparagraph (C). (3) Consultation The Under Secretary shall consult with public sector entities and private sector entities, as applicable, in deciding the amounts and types of Federal assistance to make available under paragraph (1). (b) Publicity In carrying out this section, the Under Secretary shall broadly publicize all opportunities for Federal assistance available under this section, including through the means required under section 116. 703. Recordkeeping (a) In general Each recipient of assistance under this Act shall keep such records as the Under Secretary shall prescribe, including records that fully disclose, with respect to the assistance received by the recipient under this Act— (1) the amount and nature of that assistance; (2) the disposition by the recipient of the proceeds of that assistance; (3) the total cost of the undertaking for which the assistance is given or used; (4) the amount and nature of the portion of the cost of the undertaking described in paragraph (3) that is supplied by a source other than the Agency; and (5) any other record that will facilitate an effective audit with respect to the assistance. (b) Access by Government officials The Under Secretary, the Inspector General of the Department of Commerce, and the Comptroller General of the United States, or any duly authorized representative of any such individual, shall have access, for the purpose of audit, investigation, and examination, to any book, document, paper, record, or other material of the Agency or an MBDA Business Center. 704. Review and report by Comptroller General Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a thorough review of the programs carried out under this Act; and (2) submit to Congress a detailed report of the findings of the Comptroller General of the United States under the review carried out under paragraph (1), which shall include— (A) an evaluation of the effectiveness of the programs in achieving the purposes of this Act; (B) a description of any failure by any recipient of assistance under this Act to comply with the requirements under this Act; and (C) recommendations for any legislative or administrative action that should be taken to improve the achievement of the purposes of this Act. 705. Biannual reports; recommendations (a) Biannual report Not later than 1 year after the date of enactment of this Act, and 90 days after the last day of each odd-numbered year thereafter, the Under Secretary shall submit to Congress, and publish on the website of the Agency, a report of each activity of the Agency carried out under this Act during the period covered by the report. (b) Recommendations The Under Secretary shall periodically submit to Congress and the President recommendations for legislation or other actions that the Under Secretary determines to be necessary or appropriate to promote the purposes of this Act. 706. Separability If a provision of this Act, or the application of a provision of this Act to any person or circumstance, is held by a court of competent jurisdiction to be invalid, that judgment— (1) shall not affect, impair, or invalidate— (A) any other provision of this Act; or (B) the application of this Act to any other person or circumstance; and (2) shall be confined in its operation to— (A) the provision of this Act with respect to which the judgment is rendered; or (B) the application of the provision of this Act to each person or circumstance directly involved in the controversy in which the judgment is rendered. 707. Executive Order 11625 The powers and duties of the Agency shall be determined— (1) in accordance with this Act and the requirements of this Act; and (2) without regard to Executive Order 11625 (36 Fed. Reg. 19967; relating to prescribing additional arrangements for developing and coordinating a national program for minority business enterprise). 708. Amendment to the Federal Acquisition Streamlining Act of 1994 Section 7104(c) of the Federal Acquisition Streamlining Act of 1994 ( 15 U.S.C. 644a(c) ) is amended by striking paragraph (2) and inserting the following: (2) The Under Secretary of Commerce for Minority Business Development. . 709. Authorization of appropriations There are authorized to be appropriated to the Under Secretary $100,000,000 for each of fiscal years 2021 through 2025 to carry out this Act, of which— (1) a majority shall be used in each such fiscal year to carry out the MBDA Business Center Program under subtitle B of title I, including the component of that program relating to specialty centers; and (2) $10,000,000 shall be used in each such fiscal year to carry out title III. | https://www.govinfo.gov/content/pkg/BILLS-117s2068is/xml/BILLS-117s2068is.xml |
117-s-2069 | II 117th CONGRESS 1st Session S. 2069 IN THE SENATE OF THE UNITED STATES June 15, 2021 Ms. Stabenow (for herself, Mr. Blunt , Mr. Wyden , Mr. Daines , Ms. Cortez Masto , Ms. Ernst , Ms. Smith , and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To expand the Medicaid certified community behavioral health clinic demonstration program and to authorize funding for additional grants to certified community behavioral health clinics.
1. Short title This Act may be cited as the Excellence in Mental Health and Addiction Treatment Act of 2021 . 2. Expansion of community mental health services demonstration program Section 223 of the Protecting Access to Medicare Act of 2014 ( 42 U.S.C. 1396a note) is amended— (1) in subsection (c), by adding at the end the following new paragraph: (3) Planning grants for additional States In addition to the planning grants awarded under paragraph (1), the Secretary shall award planning grants to States (other than States selected to conduct demonstration programs under paragraph (1) or (8) of subsection (d)) for the purpose of developing proposals to participate in time-limited demonstration programs described in subsection (d). ; (2) in subsection (d)— (A) in paragraph (3), by striking Subject to paragraph (8) and inserting Subject to paragraphs (8) and (9) ; (B) in paragraph (5)(C)(iii)(II), by inserting or paragraph (9) after paragraph (8) ; (C) in paragraph (7)— (i) in subparagraph (A), by inserting through the year in which the last demonstration under this section ends after annually thereafter ; (ii) in subparagraph (B)— (I) by striking December 31, 2021 and inserting September 30, 2023 ; and (II) by adding at the end the following new sentence: Such recommendations shall include data collected after 2019. ; and (iii) by adding at the end the following new subparagraph: (C) Final evaluation Not later than 18 months after all demonstration programs under this section have ended, the Secretary shall submit to Congress a final evaluation of such programs. ; and (D) by adding at the end the following new paragraph: (9) Further additional programs In addition to the States selected under paragraphs (1) and (8), the Secretary shall select any State that submits an application that includes such information as the Secretary shall require to conduct a demonstration program that meets the requirements of this subsection for 2 years or through September 30, 2023, whichever is longer. ; and (3) in subsection (f)(1)(B), by inserting , and $40,000,000 for fiscal year 2021 before the period. 3. Certified community behavioral health clinic expansion grants Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ) is amended by adding at the end the following: 553. Certified community behavioral health clinic expansion grants (a) In general The Assistant Secretary shall award grants to communities and community organizations that meet the criteria for certified community behavioral health clinics under section 223(a) of the Protecting Access to Medicare Act A of 2014. Grants awarded under this subsection shall be for a period of not more than 5 years. (b) Technical assistance The Assistant Secretary may provide appropriate information, training, and technical assistance through appropriate contract procedures to entities receiving grants under subsection (a), or to health or social service providers pursuing certified community behavioral health clinics status or partnering with certified community behavioral health clinics, State policymakers considering certified community behavioral health clinics implementation under the Medicaid program, and other stakeholders to facilitate successful implementation of the certification model. (c) Authorization of appropriations (1) Grant program For purposes of awarding grants under subsection (a), there is authorized to be appropriated $500,000,000 for the period of fiscal years 2022 through 2024. (2) Technical assistance For purposes of carrying out the technical assistance program under subsection (b), there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026. . | https://www.govinfo.gov/content/pkg/BILLS-117s2069is/xml/BILLS-117s2069is.xml |
117-s-2070 | II 117th CONGRESS 1st Session S. 2070 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Lee (for himself, Mr. Paul , Mr. Inhofe , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To clarify that noncommercial species found entirely within the borders of a single State are not in interstate commerce or subject to regulation under the Endangered Species Act of 1973 or any other provision of law enacted as an exercise of the power of Congress to regulate interstate commerce.
1. Short title This Act may be cited as the Native Species Protection Act . 2. Treatment of intrastate species (a) Definition of Intrastate Species In this Act, the term intrastate species means any species of plant or fish or wildlife (as those terms are defined in section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 )) that is— (1) found entirely within the borders of a single State; and (2) not part of a national market for any commodity. (b) Treatment An intrastate species shall not be— (1) considered to be in interstate commerce; and (2) subject to regulation under— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (B) any other provision of law under which regulatory authority is based on the power of Congress to regulate interstate commerce as enumerated in article I, section 8, clause 3 of the Constitution of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s2070is/xml/BILLS-117s2070is.xml |
117-s-2071 | II 117th CONGRESS 1st Session S. 2071 IN THE SENATE OF THE UNITED STATES June 15, 2021 Mr. Bennet (for himself, Mr. King , and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide grants to States, territories, Puerto Rico, the District of Columbia, and eligible Tribal entities to promote access to affordable, high-speed broadband and digital equity.
1. Short title This Act may be cited as the Broadband Reform and Investment to Drive Growth in the Economy Act of 2021 or the BRIDGE Act . 2. Findings Congress finds the following: (1) Access to affordable, reliable, and high-speed broadband is essential to full participation in modern life in the United States. (2) The persistent digital divide in the United States is a barrier to the economic competitiveness of the United States and equitable distribution of essential public services, including health care and education. (3) The digital divide disproportionately affects communities of color, lower-income areas, and rural areas. (4) In many communities across the country, increased competition among broadband providers has the potential to offer consumers more affordable, high-quality options for broadband service. (5) The 2019 novel coronavirus pandemic has underscored the critical importance of affordable, high-speed broadband for individuals, families, and communities to be able to work, learn, and connect remotely while supporting social distancing. 3. Grants for broadband deployment (a) Definitions (1) Areas lacking broadband access In this section— (A) the term unserved area means an area that lacks access to broadband service with a speed greater than— (i) 25 megabits per second for downloads; and (ii) 3 megabits per second for uploads; (B) the term underserved area means an area that— (i) is not an unserved area; and (ii) lacks access to broadband service with a speed of not less than— (I) 100 megabits per second for downloads; and (II) 25 megabits per second for uploads; (C) the term other qualifying area means an area that— (i) is not an unserved area or underserved area; and (ii) lacks access to gigabit-level broadband service; and (D) the term eligible area means an unserved area, underserved area, or other qualifying area. (2) Other definitions In this section— (A) the term affordable broadband service plan means a plan under which broadband service is provided at a rate that is determined by the Commission, in coordination with the Assistant Secretary, to be affordable for a 4-person household that— (i) includes 2 dependents under the age of 18; and (ii) has an income of 136 percent of the poverty line applicable to a family of the size involved (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )); (B) the term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information; (C) the term broadband or broadband service has the meaning given the term broadband internet access service in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation; (D) the term Commission means the Federal Communications Commission; (E) the term community anchor institution means an entity such as a school, library, health clinic, hospital or other medical provider, public safety entity, institution of higher education, public housing organization, or community support organization that facilitates greater use of broadband service by vulnerable populations, including low-income individuals, unemployed individuals, and aged individuals; (F) the term digital equity means the condition in which all individuals and communities have the information technology capacity needed for full participation in the society and economy of the United States; (G) the term digital inclusion — (i) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communications technologies, such as reliable fixed and wireless broadband service, internet-enabled devices that meet the needs of the user, applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and (ii) includes obtaining access to digital literacy training, the provision of quality technical support, and obtaining basic awareness of measures to ensure online privacy and cybersecurity; (H) the term digital literacy means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information; (I) the term eligible community anchor institution means a community anchor institution that lacks access to gigabit-level broadband service; (J) the term eligible entity means a State, a territory, the District of Columbia, or an eligible Tribal entity; (K) the term eligible Tribal entity means— (i) a Tribal government; (ii) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) )); (iii) the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs; (iv) a Tribal organization; or (v) a Native Corporation; (L) the term Fund means the Broadband Access Fund established under subsection (b); (M) the term gigabit-level broadband service means broadband service with a speed of not less than— (i) 1 gigabit per second for downloads; and (ii) 1 gigabit per second for uploads; (N) the term high-cost area means an unserved area in which the Assistant Secretary determines that the cost of deploying broadband service is higher than the average cost of deploying broadband service in the United States because of— (i) the remote location of the area; (ii) the population density of the area; (iii) the unique topography of the area; (iv) a high rate of poverty in the area; or (v) any other factor that contributes to the cost of deploying broadband service; (O) the term Native Corporation has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ); (P) the term Native Hawaiian has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 ); (Q) the term State means any of the 50 States; (R) the term subgrantee means an entity that receives grant funds from an eligible entity to carry out activities under subsection (g); (S) the term territory means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and (T) the term Tribal government means the governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually recognized (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 4104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (b) Broadband Access Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Broadband Access Fund . (2) Direct appropriation to fund There is appropriated to the Fund, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, $40,000,000,000, to remain available until expended. (3) Availability of fund Amounts in the Fund shall be available to the Assistant Secretary to make grants to eligible entities to— (A) deploy broadband; and (B) fund efforts that bridge the digital divide, increase the adoption of broadband, and facilitate affordable access to broadband. (c) Grants From the amounts appropriated under subsection (b), the Assistant Secretary shall award a grant to each eligible entity that submits an initial proposal or final proposal that the Assistant Secretary approves. (d) Allocation (1) Minimum amounts Of the amounts appropriated under subsection (b)— (A) $100,000,000 shall be made available to each State; (B) $75,000,000 shall be made available to each of the Commonwealth of Puerto Rico and the District of Columbia; (C) $100,000,000 shall be made available to, and divided equally among, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and (D) not less than 5 percent shall be made available to eligible Tribal entities— (i) on an equitable basis; and (ii) of which not less than 3 percent shall be made available for the benefit of Native Hawaiians. (2) Remaining amounts (A) In general Amounts remaining after the allocations under paragraph (1) shall be allocated to States based on population in accordance with subparagraph (B) of this paragraph. (B) Allocations Of the amounts allocated under subparagraph (A)— (i) 50 percent shall be allocated among the States based on the proportion that the population of each State bears to the population of all States; (ii) 25 percent shall be allocated among the States based on the proportion that the number of individuals living in rural areas in each State, as determined by the Bureau of the Census, bears to the number of individuals living in rural area in all States, as determined by the Bureau of the Census; and (iii) 25 percent shall be allocated among the States based on the proportion that the number of individuals with a household income that is below 150 percent of the poverty line applicable to a family of the size involved (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ) in each State bears to the number of such individuals in all States. (C) Population determination For purposes of subparagraph (B), the population of a State or a category of residents of a State shall be determined based on the most recent year for which data are available from the Bureau of the Census. (3) Reallocation (A) Failure to submit initial proposal If an eligible entity does not submit an initial proposal under subsection (f)(2) for amounts allocated to the eligible entity under this subsection by the applicable date under subparagraph (A) of that subsection, the Assistant Secretary shall reallocate the amounts on a competitive basis to— (i) in the case of an eligible entity described in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, other eligible entities described in those subparagraphs that have submitted an initial proposal under subsection (f)(2) as of that date; or (ii) in the case of an eligible entity described in subparagraph (D) of paragraph (1) of this subsection, other eligible entities described in that subparagraph that have submitted an initial proposal under subsection (f)(2) as of that date. (B) Failure to submit final proposal If an eligible entity does not submit a final proposal under subsection (f)(3) for the remainder of the amounts allocated to the eligible entity under this subsection by the applicable date under subparagraph (A) of that subsection, the Assistant Secretary shall reallocate the amounts on a competitive basis to— (i) in the case of an eligible entity described in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, other eligible entities described in those subparagraphs that have submitted a final proposal under subsection (f)(3) as of that date; or (ii) in the case of an eligible entity described in subparagraph (D) of paragraph (1) of this subsection, other eligible entities described in that subparagraph that have submitted a final proposal under subsection (f)(3) as of that date. (e) Administrative expenses (1) Assistant Secretary The Assistant Secretary may use not more than 2 percent of amounts appropriated under subsection (b) for administrative purposes, including the provision of technical assistance to eligible Tribal entities. (2) Eligible entities An eligible entity may use not more than 2 percent of grant funds received under this section for expenses relating (directly or indirectly) to administration of the grant. (f) Implementation (1) Requirements; outreach Not later than 120 days after the date of enactment of this Act, the Assistant Secretary shall— (A) issue a notice to each eligible entity that— (i) contains the estimated amount available to the eligible entity under this section; and (ii) invites the eligible entity to submit an initial proposal and final proposal for a grant under this section, in accordance with paragraphs (2) and (3); (B) develop and make public a standard, online application form that an eligible entity may use to submit an initial proposal and final proposal for the grant amounts made available to the eligible entity under this section; (C) outline— (i) the requirements for initial proposals and final proposals for grants under this section; and (ii) the allowed uses of grant funds awarded under this section, as provided in subsection (g); and (D) publish a model— (i) initial proposal that complies with paragraph (2)(A), including the certification requirements under clause (i)(VI) of that paragraph; and (ii) final proposal that complies with paragraph (3)(A). (2) Initial proposal (A) Submission (i) In general During the 90-day period beginning on the date on which the Assistant Secretary issues the notice under paragraph (1), an eligible entity that wishes to receive a grant under this section shall submit an initial proposal for a grant, using the online application form developed by the Assistant Secretary under subparagraph (B) of that paragraph, that— (I) outlines long-term objectives for deploying broadband and closing the digital divide; (II) (aa) identifies, and outlines steps to support, local and regional broadband planning processes or ongoing efforts to deploy broadband or close the digital divide; and (bb) describes coordination with local governments, along with local and regional broadband planning processes; (III) identifies existing efforts funded by the Federal government or a State within the jurisdiction of the eligible entity to deploy broadband and close the digital divide; (IV) includes a plan to competitively award subgrants; (V) identifies, using data drawn from sources including the map created by the Commission under section 802(c)(1)(A) of the Communications Act of 1934 ( 47 U.S.C. 642(c)(1)(A) ), another broadband map of the Commission that is in effect, the National Broadband Availability Map created by the Assistant Secretary, or State-level broadband data— (aa) each unserved area, underserved area, or other qualifying area under the jurisdiction of the eligible entity; and (bb) each community anchor institution under the jurisdiction of the eligible entity that is an eligible community anchor institution; (VI) certifies the intent of the eligible entity to comply with all applicable requirements under this section, including the reporting requirements under subsection (j)(1); and (VII) includes a description of the challenge process for classification of eligible areas and institutions required under subsection (i)(2) that the eligible entity will use. (ii) Eligible Tribal entities In the case of an eligible Tribal entity, clause (i) shall be applied by substituting 120-day period for 90-day period . (iii) Local coordination To the greatest extent practicable, a State shall coordinate with units of local government within the State in submitting an initial proposal under clause (i). (B) Single initial proposal An eligible entity may submit only 1 initial proposal under this paragraph. (C) Corrections to initial proposal The Assistant Secretary may accept corrections to the initial proposal of an eligible entity after the initial proposal has been submitted. (D) Consideration of initial proposal Not later than 90 days after receipt of an initial proposal for a grant under this paragraph, the Assistant Secretary shall— (i) acknowledge receipt; (ii) evaluate whether the use of funds proposed in the initial proposal complies with subsection (g); (iii) if the initial proposal is complete— (I) disburse to the eligible entity 20 percent of the grant funds that were allocated to the eligible entity under subsection (d); or (II) at the discretion of the Assistant Secretary, disburse to the eligible entity a higher percentage of the grant funds that were allocated to the eligible entity under subsection (d); and (iv) if the initial proposal is incomplete, notify the eligible entity and provide the eligible entity with 30 days to resubmit the initial proposal. (E) Consideration of resubmitted initial proposal Not later than 14 days after receipt of a resubmitted initial proposal for a grant under this paragraph, the Secretary shall— (i) acknowledge receipt; (ii) if the initial proposal is complete— (I) disburse to the eligible entity 20 percent of the grant funds that were allocated to the eligible entity under subsection (d); or (II) at the discretion of the Assistant Secretary, disburse to the eligible entity a higher percentage of the grant funds that were allocated to the eligible entity under subsection (d); and (iii) if the initial proposal is incomplete, notify the eligible entity and provide the eligible entity with 30 days to resubmit the initial proposal. (3) Final proposal (A) Submission (i) In general During the 120-day period beginning on the date on which the Assistant Secretary disburses grant funds to an eligible entity under subparagraph (D) or (E) of paragraph (2), the eligible entity may submit a final proposal for the remainder of the grant, using the online application form developed by the Assistant Secretary under paragraph (1)(B), that includes— (I) spending priorities consistent with the long-term objectives outlined in paragraph (2)(A)(i)(I); (II) a preliminary budget; (III) a detailed plan that specifies how the eligible entity will— (aa) allocate not less than 50 percent of the total grant funds allocated to the eligible entity under subsection (d) to the deployment of broadband networks to unserved areas, including high-cost areas (if applicable), or to other eligible uses in areas with above-average poverty, as required under subsection (h)(1); and (bb) align the grant funds allocated to the eligible entity under subsection (d), where practicable, with the use of other funds or other assistance that the eligible entity has received to deploy broadband infrastructure from the Federal Government, a State, or a private entity; (IV) a timeline for implementation; (V) processes for oversight and accountability to ensure the proper use of the grant funds allocated to the eligible entity under subsection (d); (VI) a description of coordination with local governments, along with local and regional broadband planning processes; and (VII) a description of efforts to prohibit waste, fraud, and abuse through— (aa) the challenge process for classification of eligible areas and institutions required under subsection (i)(2); and (bb) coordination with other Federal and State broadband programs. (ii) Eligible Tribal entities In the case of an eligible Tribal entity, clause (i) shall be applied by substituting 150-day period for 120-day period . (iii) Local coordination To the greatest extent practicable, a State shall coordinate with units of local government within the State in submitting a final proposal under clause (i). (iv) Federal coordination To ensure efficient and effective use of taxpayer funds, an eligible entity shall, to the greatest extent practicable, align the use of grant funds proposed in the final proposal under clause (i) with funds available from other Federal programs that support broadband deployment and access. (B) Single final proposal An eligible entity may submit only 1 final proposal under this paragraph. (C) Corrections to final proposal The Assistant Secretary may accept corrections to the final proposal of an eligible entity after the final proposal has been submitted. (D) Consideration of final proposal Not later than 90 days after receipt of a final proposal for a grant under this paragraph, the Assistant Secretary shall— (i) acknowledge receipt; (ii) evaluate whether the use of funds proposed in the final proposal complies with subsection (g); (iii) if the final proposal is complete, disburse to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection (d); and (iv) if the final proposal is incomplete, notify the eligible entity and provide the eligible entity with 30 days to resubmit the final proposal. (E) Consideration of resubmitted final proposal Not later than 14 days after receipt of a resubmitted final proposal for a grant under this paragraph, the Secretary shall— (i) acknowledge receipt; (ii) if the final proposal is complete, disburse to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection (d); and (iii) if the final proposal is incomplete, notify the eligible entity and provide the eligible entity with 30 days to resubmit the final proposal. (4) Extension The Assistant Secretary may grant an extension of a deadline under paragraph (2) or (3). (5) Exemption from service standards In submitting an initial proposal or final proposal under paragraph (2) or (3), respectively, an eligible entity may request an exemption from the service standards under subsection (i)(4)(A)(i)(I) for the deployment of a broadband network in an area if meeting the standards in that area would be technologically or financially infeasible. (g) Use of funds An eligible entity may use grant funds received under this section to— (1) competitively award subgrants for— (A) the deployment of broadband networks to eligible areas; (B) connecting eligible community anchor institutions; (C) broadband mapping and planning; (D) distance learning, including partnering with service providers in existence when the subgrant is awarded, or purchasing and installing equipment, to extend broadband service from the campus of a school, library, or other community anchor institution to unserved households; (E) telehealth; (F) installing internet and Wi-Fi infrastructure or providing free or reduced-cost broadband within a multi-family residential building, with a priority given to a residential building that— (i) has a substantial share of unserved households; or (ii) is in an area in which the percentage of individuals with a household income that is at or below 136 percent of the poverty line applicable to a family of the size involved (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ) is higher than the national percentage of such individuals; (G) affordable broadband programs, including providing free or reduced-cost broadband service, that— (i) subject to clause (ii), provide broadband service at a speed greater than— (I) 50 megabits per second for downloads; and (II) 10 megabits per second for uploads; and (ii) make every reasonable effort to prioritize broadband service at faster speeds than the speeds required under clause (i); (H) digital inclusion, such as digital literacy and digital equity programs, including programs to provide affordable internet-capable devices; (I) broadband adoption; (J) initiatives to develop a skilled telecommunications workforce necessary for the deployment of high-speed broadband; or (K) accelerating the completion of a project, or enabling a public-private partnership, to deploy a broadband network to an eligible area that was ongoing as of the date of the award, if the network meets the requirements under subsection (i)(4); and (2) provide technical assistance to local, regional, private, or nonprofit entities to carry out existing efforts to— (A) deploy broadband or close the digital divide; or (B) implement the subgrants awarded under paragraph (1). (h) General subgrant requirements (1) Minimum allocation for unserved areas or areas with substantial poverty An eligible entity, in awarding subgrants using grant funds received under this section, shall allocate not less than 50 percent of the grant funds received by the eligible entity to— (A) the deployment of broadband networks to unserved areas, including high-cost areas (if applicable); or (B) other eligible uses in areas in which the percentage of individuals with a household income that is at or below 136 percent of the poverty line applicable to a family of the size involved (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ) is higher than the national percentage of such individuals. (2) Nonperformance stipulations An eligible entity shall stipulate, in any contract with a subgrantee for the use of grant funds received under this section, reasonable provisions for recovery of funds for nonperformance. (i) Broadband network deployment (1) Order of awards; priority An eligible entity, in awarding subgrants for the deployment of a broadband network using grant funds received under this section, as authorized under subsection (g)(1)(A)— (A) shall award funding in a manner that— (i) first provides funding for deployment of broadband infrastructure to unserved areas; (ii) after providing funding for deployment of broadband infrastructure to areas described in clause (i), provides funding for deployment of broadband infrastructure to underserved areas and eligible community anchor institutions; and (iii) after providing funding for deployment of broadband infrastructure to areas and institutions described in clause (ii), provides funding to other eligible areas; (B) may not exclude cooperatives, nonprofit organizations, public-private partnerships, private companies, public or private utilities, Tribally owned entities, or local governments from eligibility for such grant funds; and (C) shall give priority to an entity that— (i) will provide not less than 1 tier of gigabit-level broadband service; (ii) will, subject to a waiver from the Assistant Secretary due to unforeseeable, extenuating circumstances— (I) begin construction of the broadband network not later than 1 year after being awarded the subgrant; and (II) deploy the broadband network and begin providing broadband service to each customer that desires broadband service by a date that is earlier than the deadline under paragraph (4)(B); and (iii) in the case of a subgrant awarded by a State or territory, has a letter of endorsement for the project from the local government for each community that the project will serve. (2) Challenge process for classification of eligible areas and institutions (A) Challenge process After submitting an initial proposal under subsection (f)(2) and before allocating grant funds received under this section for the deployment of broadband networks, an eligible entity shall ensure a transparent, evidence-based, and expeditious challenge process under which a unit of local government, nonprofit organization, or other broadband service provider can challenge a determination made by the eligible entity in the initial proposal as to whether a particular area or community anchor institution within the jurisdiction of the eligible entity is eligible for the grant funds, including whether a particular area is an unserved area, underserved area, or other qualifying area. (B) Final identification; notification of funding eligibility After resolving each challenge under subparagraph (A), and not later than 30 days before allocating grant funds received under this section for the deployment of broadband networks, an eligible entity shall provide public notice of the final classification of each eligible area and eligible community anchor institution within the jurisdiction of the eligible entity. (C) Consultation with NTIA An eligible entity shall notify the Assistant Secretary of any modification to the initial proposal of the eligible entity submitted under subsection (f)(2) that is necessitated by a successful challenge under subparagraph (A) of this paragraph. (3) Subgrantee non-Federal share of broadband infrastructure deployment costs (A) In general (i) Matching requirement In allocating grant funds received under this section for deployment of broadband networks, an eligible entity other than an eligible Tribal entity shall require a subgrantee to provide a contribution, derived from non-Federal funds (or funds from a Federal regional commission or authority), of not less than 20 percent of project costs. (ii) Waiver The Assistant Secretary may reduce or waive the required matching contribution under clause (i). (B) Source of match A matching contribution under subparagraph (A)— (i) may be provided by an eligible entity, a unit of local government, a utility company, a cooperative, a nonprofit organization, a for-profit company, regional planning or governmental organization, or a Federal regional commission or authority; and (ii) may include in-kind contributions. (C) Definition For purposes of this paragraph, the term Federal regional commission or authority means— (i) the Appalachian Regional Commission; (ii) the Delta Regional Authority; and (iii) the Northern Border Regional Commission. (4) Deployment and provision of service requirements An entity that receives a subgrant under subsection (g)(1)(A) for the deployment of a broadband network shall— (A) in providing broadband service using the network— (i) provide broadband service— (I) except as provided in subclause (II)— (aa) at a speed of not less than 100 megabits per second for downloads and 100 megabits per second for uploads; (bb) with a latency that is sufficiently low to allow reasonably foreseeable, real-time, interactive applications; and (cc) with network outages that do not exceed, on average, 48 hours over any 365-day period; or (II) at a speed of not less than 100 megabits per second for downloads and 25 megabits per second for uploads, if the eligible entity that awarded the subgrant has received an exemption from the Assistant Secretary under subsection (f)(5); (ii) provide access to broadband service to each customer that desires broadband service in the area to which the subgrant applies; and (iii) to an eligible area, offer not less than 1 affordable broadband service plan for customers; (B) deploy the broadband network and begin providing broadband service to each customer that desires broadband service— (i) except as provided in clause (ii), not later than 3 years after the date on which the entity receives the subgrant; or (ii) in the case of— (I) a subgrant awarded by an eligible Tribal entity, if exigencies require additional time, by a date specified by the eligible Tribal entity that— (aa) is later than the date required under clause (i); and (bb) may not be later than 5 years after the date on which the entity receives the subgrant; or (II) a subgrant awarded by an eligible entity other than an eligible Tribal entity, if a delay in receiving a Federal, State, or local permit, or a delay due to supply chain constraints, that is outside the control of the subgrantee makes compliance with the deadline under clause (i) impossible, by a date specified by the eligible entity that— (aa) is later than the date required under clause (i); and (bb) may not be later than 4 years after the date on which the entity receives the subgrant; (C) if laying middle-mile fiber or conduit underground or along a roadway, include interspersed access points at regular intervals; (D) once the network has been deployed, provide public notice, online and through other means, of that fact to the area in which broadband service has been provided and share the public notice with the eligible entity that awarded the subgrant; and (E) if the entity is no longer able to provide broadband service to the area covered by the subgrant at any time, sell the network capacity at a reasonable, wholesale rate on a nondiscriminatory basis to other broadband service providers or public sector entities. (5) Return of funds An entity that receives a subgrant from an eligible entity under subsection (g)(1)(A) and fails to comply with any requirement under this subsection shall return up to the entire amount of the subgrant to the eligible entity, at the discretion of the eligible entity. (6) Reasonable permitting fees If an entity that receives a subgrant under subsection (g)(1)(A) requires access to a right-of-way, including for a pole attachment, from the Federal Government or a State or local government in order to deploy the broadband network, the Federal Government or State or local government may only charge the entity a reasonable fee in an amount that is consistent with the amount of the fee that the Federal Government or State or local government charges for utility permits. (7) Additional requirements imposed by eligible entity Nothing in this subsection shall be construed to prohibit an eligible entity from imposing additional requirements relating to the use of a subgrant awarded under subsection (g)(1)(A) if the requirements do not conflict with this subsection, including by— (A) increasing the minimum speed of broadband service that must be provided; or (B) imposing penalties on noncompliant subgrantees in addition to the penalty under paragraph (5). (8) Bankruptcy contingency An eligible entity that awards a subgrant to an entity under subsection (g)(1)(A) for the deployment of a broadband network shall enter into an agreement with the subgrantee that requires the subgrantee, in the case of bankruptcy, to commit to repay the full amount of the subgrant before fulfilling any other financial obligations, except for salaries, compensation, and severance payments for non-executive positions. (9) Standards An eligible entity may not award a subgrant to an entity under subsection (g)(1)(A) for the deployment of a broadband network unless the eligible entity has confirmed that the subgrantee has the financial, operational, and technical capacity to meet the buildout obligations of the project. (j) Reporting (1) Eligible entities (A) Initial report Not later than 180 days after receiving grant funds under this section, for the sole purposes of providing transparency and providing information to inform future Federal broadband planning, an eligible entity shall submit to the Assistant Secretary a report describing— (i) the planned use of funds; (ii) the process of subgranting; and (iii) the establishment of appropriate mechanisms by the eligible entity to ensure compliance with the eligible uses prescribed under subsection (g). (B) Semiannual report Not later than 1 year after receiving grant funds under this section, and semiannually thereafter until the funds have been expended, an eligible entity shall submit to the Assistant Secretary a report, with respect to the 6-month period immediately preceding the report date, that— (i) describes how the eligible entity expended the funds; and (ii) certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary, including— (I) a description of each service provided with the grant funds; and (II) the number of locations at which broadband service was provided using the grant funds. (C) Final report Not later than 1 year after an eligible entity has expended all grant funds received under this section, the eligible entity shall submit to the Assistant Secretary a report that— (i) describes how the eligible entity expended the funds; (ii) includes each report that the eligible entity received from a subgrantee under paragraph (2); and (iii) certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary, including— (I) a description of each service provided with the grant funds; and (II) the number of locations at which, and residents for whom, broadband service was provided using the grant funds. (D) Provision to FCC and USDA Subject to the sole purposes described in subparagraph (A)(i), and subject to subsection (l), the Assistant Secretary shall enter into a memorandum of understanding with the Commission and the Department of Agriculture under which the Assistant Secretary provides the final reports received under subparagraph (C) to the Commission and the Department of Agriculture to be used when determining whether to award funds for the deployment of broadband under any program administered by those agencies. (2) Subgrantees (A) Semiannual report The recipient of a subgrant from an eligible entity under this section shall submit to the eligible entity a semiannual report for the duration of the subgrant to track the effectiveness of the use of funds provided. (B) Contents Each report submitted under subparagraph (A) shall— (i) describe each type of project carried out using the subgrant and the duration of the subgrant; (ii) in the case of a broadband infrastructure project— (I) include a list of addresses or locations that constitute the service area that will be served by the broadband infrastructure to be constructed; (II) identify whether each address or location described in subclause (I) is residential, commercial, or a community anchor institution; (III) describe the types of facilities that have been constructed and installed; (IV) describe the peak and off-peak actual speeds of the broadband service being offered; (V) describe the maximum advertised speed of the broadband service being offered; (VI) describe the non-promotional prices, including any associated fees, charged for different tiers of broadband service being offered; (VII) include any other data that would be required to comply with the data and mapping collection standards of the Commission under section 1.7004 of title 47, Code of Federal Regulations, or any successor regulation, for broadband infrastructure projects; and (VIII) comply with any other reasonable reporting requirements determined by the eligible entity; and (iii) certify that the information in the report is accurate. (3) Standardization and coordination The Assistant Secretary and the Commission shall collaborate to— (A) standardize and coordinate reporting of locations at which broadband service was provided using grant funds received under this section in accordance with title VIII of the Communications Act of 1934 ( 47 U.S.C. 641 et seq. ); and (B) provide a standardized methodology to recipients of grants and subgrantees under this section for reporting the information described in subparagraph (A). (k) Technical assistance to eligible entities Upon request by an eligible entity, the Assistant Secretary shall provide technical assistance to support identification of eligible areas, submission of the initial proposal or final proposal, competitive awarding of subgrants, and oversight of subgrants under this section to ensure the efficient and effective use of funds. (l) Relation to other public funding Notwithstanding any other provision of law— (1) an entity that has received amounts from the Federal Government or a State or local government for the purpose of expanding access to broadband service may receive a subgrant under subsection (g) in accordance with this section; and (2) the receipt of a subgrant under subsection (g) by an entity described in paragraph (1) of this subsection shall not affect the eligibility of the entity to receive the amounts from the Federal Government or a State or local government described in that paragraph. (m) Supplement not supplant Grant funds awarded to an eligible entity under this section shall be used to supplement, and not supplant, the amounts that the eligible entity would otherwise make available for the purposes for which the grant funds may be used. (n) Sense of Congress regarding Federal agency coordination It is the sense of Congress that Federal agencies responsible for supporting broadband deployment, including the Commission, the Department of Commerce, and the Department of Agriculture, to the extent possible, should align the goals, application and reporting processes, and project requirements with respect to broadband deployment supported by those agencies. 4. Preemption of State and local restrictions on municipal broadband Title I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended by adding at the end the following: 14. Preemption of State and local restrictions on municipal broadband (a) Definitions In this section— (1) the term advanced telecommunications capability has the meaning given the term in section 706(d) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(d) ); (2) the term advanced telecommunications capability or services means— (A) advanced telecommunications capability; or (B) services using advanced telecommunications capability; (3) 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 ); and (4) the term public provider means— (A) a State or political subdivision thereof; (B) any agency, authority, or instrumentality of a State or political subdivision thereof, including an intergovernmental agency, authority, or instrumentality; (C) an Indian Tribe; or (D) any entity that is owned by, controlled by, or otherwise affiliated with— (i) a State or political subdivision thereof; (ii) an agency, authority, or instrumentality of a State or political subdivision thereof, including an intergovernmental agency, authority, or instrumentality; or (iii) an Indian Tribe. (b) Preemption No statute, regulation, or other legal requirement of a State or political subdivision thereof may prohibit, or have the effect of prohibiting or substantially inhibiting, any public provider from— (1) providing telecommunications services or advanced telecommunications capability or services to any person or any public or private entity; or (2) deploying a network and infrastructure used to provide services, or capability and services, described in paragraph (1). . 5. Report on future of Universal Service Fund (a) Definitions In this section— (1) the term Commission means the Federal Communications Commission; and (2) the term universal service goals for broadband means the statutorily mandated goals of universal service for advanced telecommunications capability under section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 ). (b) Evaluation Not later than 30 days after the date of enactment of this Act, the Commission shall commence a proceeding to evaluate the implications of this Act and the amendments made by this Act on how the Commission should achieve the universal service goals for broadband. (c) Report (1) In general Not later than 270 days after the date of enactment of this Act, the Commission shall submit to Congress a report on the options of the Commission for improving its effectiveness in achieving the universal service goals for broadband in light of this Act and the amendments made by this Act, and other legislation that addresses those goals. (2) Recommendations In the report submitted under paragraph (1), the Commission may make recommendations for Congress on further actions the Commission and Congress could take to improve the ability of the Commission to achieve the universal service goals for broadband. (3) Scope of universal service In submitting the report under paragraph (1), the Commission— (A) may not in any way reduce the congressional mandate to achieve the universal service goals for broadband; and (B) may provide recommendations for Congress to expand the universal service goals for broadband, if the Commission believes such an expansion is in the public interest. | https://www.govinfo.gov/content/pkg/BILLS-117s2071is/xml/BILLS-117s2071is.xml |
117-s-2072 | II 117th CONGRESS 1st Session S. 2072 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Schatz (for himself, Mr. Thune , Mr. Warnock , and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To increase consumer protection with respect to negative option offers in all media, including on the internet, and for other purposes.
1. Short title This Act may be cited as the Unsubscribe Act of 2021 . 2. Increased consumer protection with respect to negative option agreements (a) Disclosure of negative options It shall be unlawful for any person to charge or attempt to charge any consumer’s credit card, debit card, bank account, or other financial account, or otherwise receive payment, through a negative option, unless the person clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer's billing information or receiving payment, whichever is earlier. (b) Express informed consent for negative options It shall be unlawful for any person to charge or attempt to charge any consumer’s credit card, debit card, bank account, or other financial account, or otherwise receive payment, through a negative option, unless the person obtains a consumer's express informed consent before receiving payment or charging the consumer for products or services, or otherwise receiving payment, through such transaction. (c) Term limitation for negative option agreements After the expiration of an introductory period, initial fixed period, or other preliminary period, it shall be unlawful for any person to automatically renew or otherwise continue a negative option agreement with any consumer for a period greater than 1 month, unless such person, at the time of such expiration, obtains a consumer's express informed consent to renew or otherwise continue such agreement for a period greater than 1 month. (d) Cancellation of negative option agreements It shall be unlawful for any person to enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a simple mechanism to stop any recurring payments, including the ability to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. (e) Requirements for free-to-Pay conversion contracts (1) In general It shall be unlawful for any person to charge or attempt to charge any consumer’s credit card, debit card, bank account, or other financial account for any good or service sold in a free-to-pay conversion contract entered into, unless each of the following is met: (A) Before obtaining the consumer’s billing information, or otherwise receiving payment, the person has obtained the consumer’s express informed consent to enter into the negative option contract and has provided the consumer with a notification of the terms of the negative option contract, including, but not limited to, the following: (i) For an introductory period, the consumer will receive the good or service at no cost or for a nominal cost. (ii) After the introductory period, the amount the consumer will be charged or otherwise required to pay, including any cost increase. (iii) The total cost (or range of costs) the consumer will be charged or otherwise required to pay. (B) Before the initial charge, payment, or initial increase after the introductory period, the person informs the consumer about the upcoming charge or payment and provides the consumer with access to information about the simple mechanisms to cancel the contract. (2) Mandatory notifications After the introductory period in a free-to-pay conversion contract entered into between any person and any consumer, and at regular intervals, as determined by the Commission, but no less frequently than annually, while the contract remains in effect, the person shall provide the consumer with a notification of the terms of the contract. (f) Mandatory notifications with respect to other negative option agreements (1) Automatic renewal contracts With respect to an automatic renewal contract entered into between any person and any consumer— (A) not later than 2 days and no more than 7 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and at regular intervals, as determined by the Commission, but no less frequently than annually, while the contract remains in effect, the person shall provide the consumer with a notification of the terms of the contract and access to, or information about, the simple mechanisms to cancel the contract. (2) Continuity plan contracts With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a notification of the terms of the contract and access to information about the simple mechanisms to cancel the contract at regular intervals, as determined by the Commission, but no less frequently than annually while the contract remains in effect. 3. Enforcement (a) By the Commission (1) In General A violation of this Act shall be treated as a violation of a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Penalties Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made a part of this Act. (3) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (b) By State Attorneys General (1) In general Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. (2) Notice to Commission required A State shall provide prior written notice to the Commission of any civil action brought under paragraph (1) that includes a copy of the complaint for the civil action, except that if providing such prior notice is not feasible for the State, the State shall provide notice immediately upon instituting the civil action. (3) Intervention by the Commission The Commission may intervene in a civil action brought under paragraph (1) and upon intervening— (A) may be heard on all matters arising in the civil action; and (B) may file petitions for appeal of a decision in the civil action. (4) Construction Nothing in this subsection shall be construed— (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Commission or the United States. 4. Preemption of directly conflicting State laws This Act shall supersede any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. Any State law, rule, or regulation shall not be considered in direct conflict if it affords a greater level of protection to individuals protected under this Act. 5. Definitions In this Act: (1) Automatic renewal contract The term automatic renewal contract means a contract between any person and any consumer for a good or service that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise. (2) Commission The term Commission means the Federal Trade Commission. (3) Continuity plan contract The term continuity plan contract means a contract between any person and any consumer under which the consumer agrees to pay for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. (4) Free-to-pay conversion contract The term free-to-pay conversion contract means a contract between any person and any consumer under which— (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the amount the consumer will be charged or otherwise be required to pay is increased for the good or service. (5) Negative option The term negative option means— (A) an offer or agreement to sell or provide any goods or services, or a provision under which the customer’s silence or failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer, including but not limited to— (i) an automatic renewal contract; (ii) a continuity plan contract; (iii) a free-to-pay conversion contract; (iv) a pre-notification negative option plan contract; or (v) any combination of the contracts described in clauses (i) through (iv). (6) Notification The term notification , when used with respect to the terms of a contract, means a written notification that clearly, conspicuously, and concisely states all material terms of the negative option, including information regarding the simple mechanisms for cancellation. (7) Pre-notification negative option plan contract The term pre-notification negative option plan contract means a contract between any person and any consumer under which the consumer receives periodic notices offering goods or services and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and services and agrees to pay for such goods and services. 6. Effective date This Act shall apply with respect to contracts entered into after the date that is 1 year after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2072is/xml/BILLS-117s2072is.xml |
117-s-2073 | II 117th CONGRESS 1st Session S. 2073 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Hawley (for himself, Mr. Tillis , Mr. Tuberville , Mr. Daines , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To maintain the ability of the United States Armed Forces to deny a fait accompli by the People’s Republic of China against Taiwan.
1. Short title This Act may be cited as the Taiwan Defense Act of 2021 . 2. Definitions In this Act: (1) Deny The term deny means to use combined joint operations to delay, degrade, and ultimately defeat an attempt by the People’s Republic of China to execute a fait accompli against Taiwan, resulting in— (A) the termination of hostilities or at least the attempted fait accompli; or (B) the neutralization of the ability of the People’s Republic of China to execute a fait accompli against Taiwan. (2) Fait accompli The term fait accompli refers to the strategy of the People’s Republic of China for invading and seizing control of Taiwan before the United States Armed Forces can respond effectively, while simultaneously deterring an effective combined joint response by the United States Armed Forces by convincing the United States that mounting such a response would be prohibitively difficult or costly. 3. Findings Congress makes the following findings: (1) Taiwan is a beacon of democracy in Asia and a steadfast partner of the United States in the common pursuit of a free and open Indo-Pacific region in which— (A) all societies enjoy sovereign autonomy; (B) the people of the region live securely, prosperously, and with dignity; and (C) the societies of the region rise and fall not by coercion but on the basis of peaceful competition. (2) If the People’s Republic of China were to use military force to compel the unification of Taiwan with the People’s Republic of China— (A) the world would lose one of the great exemplars of freedom and democracy; (B) the United States and allies and partners of the United States would face severe difficulty in maintaining favorable balances of power relative to the People’s Republic of China in Northeast and Southeast Asia; and (C) as the balance of power in the Indo-Pacific region shifted in favor of the People’s Republic of China, the People’s Republic of China would possess an increasing ability to— (i) impose its will throughout the Indo-Pacific region, including by threatening or using force against Japan, South Korea, the Philippines, and other allies and partners of the United States; and (ii) restrict United States access to key trade routes and markets in the Indo-Pacific region, thereby imposing economic hardship on middle-class and working-class Americans and increasing the ability of the People’s Republic of China to intrude into political life in the United States. (3) There is growing concern that the Government of the People’s Republic of China may conclude that the cross-Strait military balance has tilted in its favor and launch an invasion of Taiwan sooner than previously anticipated, including as follows: (A) Former Assistant to the President for National Security Affairs H.R. McMaster testified in March 2021 that Taiwan is the most significant flashpoint now between the United States and the People’s Republic of China. (B) Commander of United States Indo-Pacific Command Admiral John Aquilino testified in March 2021 that the threat of an invasion by the People’s Republic of China of Taiwan is much closer to us than most think and could materialize well before 2035. (C) Former Commander of United States Indo-Pacific Command Admiral Phil Davidson testified in March 2021 that the threat of an invasion by the People’s Republic of China of Taiwan is manifest during this decade, in fact in the next six years . (4) Defense policymakers and analysts across multiple administrations have found that, if the People’s Republic of China does invade Taiwan, the invasion will likely take the form of a fait accompli, including as follows: (A) The Defense Science Board assessed in June 2018 that the People’s Republic of China will attempt to achieve a decisive outcome very quickly, presenting the United States and its allies with a fait accompli, in the event of conflict. (B) The Department of Defense Indo-Pacific Strategy Report released in June 2019 found that— (i) if the People’s Republic of China or another strategic competitor in the Indo-Pacific region decides to advance their interests through force, they are likely to enjoy a local military advantage at the onset of conflict. In a fait accompli scenario, competitors would seek to employ their capabilities quickly to achieve limited objectives and forestall a response from the United States, and its allies and partners ; and (ii) an attempted fait accompli by the People’s Republic of China or another strategy competitor would constitute one of the most stressing potential scenarios facing the United States Armed Forces. (C) The Tri-Service Maritime Strategy released by the United States Navy, United States Marine Corps, and United States Coast Guard in December 2020 stated, In the event of conflict, China … will likely attempt to seize territory before the United States and its allies can mount an effective response—leading to a fait accompli. . (D) The Army Multi-Domain Transformation strategic guidance released by Army Chief of Staff General James McConville in March 2021 stated that China and other adversaries of the United States will seek to seize their objectives quickly as a fait accompli, if the Joint Force cannot present credible deterrent options . (E) Then-Acting Secretary of Defense Patrick Shanahan testified in March 2019 that the Government of the People’s Republic of China is developing capabilities that could be used to achieve a fait accompli that would make reversing Chinese gains more difficult, militarily and politically . (F) Special Assistant to the Secretary of Defense for China Ely Ratner assessed in January 2020 that China has made significant investments in long-range ISR and strike assets and China hopes the threat of these attacks will deter U.S. intervention by negating a substantial portion of U.S. airpower early in a conflict, thereby creating time and space for a fait accompli . (G) Former Under Secretary of Defense for Policy Michèle Flournoy warned in June 2020 that the Government of the People’s Republic of China may believe the United States lack[s] the military capabilities that might be effective in the face of A2/AD and conclude that China should move on Taiwan sooner rather than later, a fait accompli that a weakened and distracted United States would have to accept . (5) There is broad agreement that the United States should maintain the ability of the United States Armed Forces to defeat a fait accompli by the People’s Republic of China, including as follows: (A) The National Defense Strategy Commission assessed in November 2018 that competing successfully in the Indo-Pacific region, while also managing escalation dynamics, requires positioning substantial capability forward … to deter and prevent a fait accompli by an agile, opportunistic adversary . (B) Then-Acting Secretary of Defense Patrick Shanahan testified in March 2019 that implementation of the 2018 National Defense Strategy was required to ensure the United States had the capabilities, posture, and employment of forces necessary to prevent a fait accompli by the People’s Republic of China. (C) Assistant to the President for National Security Affairs Jake Sullivan and Deputy Assistant to the President and Coordinator for Indo-Pacific Affairs on the National Security Council Kurt Campbell warned in September 2019 that Beijing cannot be allowed to use the threat of force to pursue a fait accompli in territorial disputes . (D) Former Under Secretary of Defense for Policy James Miller wrote in October 2020 that U.S. defense planners must maintain a laser focus on a scenario for which U.S. forces are ill-prepared today, in which China … see[s] the opportunity for a quick invasion of a U.S. partner or ally and attempt[s] to impose a fait accompli that would be costly and risky to reverse . (E) In January 2021, Secretary of Defense Lloyd Austin upheld the assessment by the Indo-Pacific Strategy Report that Department of Defense initiatives on force employment, crisis response, force and concept development, and collaboration with allies and partners should be aimed to help address this critical challenge of a potential fait accompli scenario involving the People’s Republic of China. (F) Deputy Secretary of Defense Kathleen Hicks testified in February 2021 that the People’s Republic of China is less likely to attempt a fait accompli against Taiwan if it knows that the United States will be able to defeat such an attempt, and that the United States should therefore maintain the ability to defeat a fait accompli by the People’s Republic of China against Taiwan. (G) Under Secretary of Defense for Policy Colin Kahl, Admiral Aquilino, and Admiral Davidson testified in March 2021 that they agreed with the testimony by Deputy Secretary Hicks, and that the United States should maintain the ability to defeat a fait accompli by the People’s Republic of China against Taiwan in order to strengthen deterrence against such a contingency. (H) Former Assistant to the President and Deputy National Security Advisor Matt Pottinger testified in June 2021 that the Department of Defense must ensure that it can deny China’s ability to forcibly subordinate Taiwan, including through a fait accompli attempt, and that time is running short to do so. (I) Secretary Austin testified in June 2021 that the United States should maintain its ability to defeat a Chinese fait accompli against Taiwan, including by maintaining a combat-credible forward deterrent posture. (6) There is likewise broad agreement that a strategy of denial is essential to deter or defeat a fait accompli by the People’s Republic of China against Taiwan, including as follows: (A) The 2018 National Defense Strategy tasked the Department of Defense with posturing and employing forces to delay, degrade, or deny adversary aggression . (B) Secretary Austin argued in January 2021 that a combat-credible, forward deterrent posture is instrumental to the United States military’s ability to deter, and if necessary, deny a fait accompli scenario . (C) Deputy Secretary Hicks, Under Secretary Kahl, Admiral Aquilino, and Admiral Davidson reaffirmed the emphasis by Secretary Austin on denial and testified that a strategy of denial is essential for deterring Chinese aggression. (D) The Joint Operating Concept for Deterrence Operations released in December 2017 states that forward-deployed forces contribute to denying benefits and thereby reduce the likelihood of an adversary achieving strategic or tactical surprise, thus helping to prevent adversary decision makers from concluding they might achieve a military fait accompli that could be extremely costly for the US to reverse by force . (E) The United States Army’s Multi-Domain Operations concept document released in December 2018 states that Army forces must demonstrate the capability to immediately deny a fait accompli in order to deter a near-peer adversary. (F) The Marine Corps Force Design 2030 report released in March 2020 states that forward-deployed forces possess the capability to attrite adversary forces, enable joint force access requirements, complicate targeting and consume adversary ISR resources, and prevent fait accompli scenarios . (G) The Tri-Service Maritime Strategy directs the United States Navy, United States Marine Corps, and United States Coast Guard to deny adversaries their objectives, defeat adversary forces while managing escalation, and set the conditions for favorable conflict termination . (7) Under the Taiwan Relations Act ( 22 U.S.C. 3301 et seq. ), it is the policy of the United States to consider any effort to determine the future of Taiwan by other than peaceful means to be of grave concern to the United States, and— (A) the Taiwan Relations Act further establishes it as the policy of the United States to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan ; (B) implementation of the Taiwan Relations Act therefore requires the United States to maintain the ability of the United States Armed Forces to defeat a fait accompli by the People’s Republic of China against Taiwan; (C) since 1979, the United States Government has consistently upheld the commitments of the United States under the Taiwan Relations Act; (D) section 1260 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) reaffirms that the Taiwan Relations Act and the Six Assurances are the cornerstones of United States relations with Taiwan; (E) the Department of State reaffirmed in January 2021 that [t]he United States maintains its longstanding commitments as outlined in the Three Communiques, the Taiwan Relations Act, and the Six Assurances, and that the commitment of the United States to Taiwan is rock-solid ; (F) a failure by the United States to continue to uphold all of its obligations under the Taiwan Relations Act, including by clearly maintaining the ability of the United States Armed Forces to defeat a fait accompli by the People’s Republic of China against Taiwan, could draw into question the willingness and ability of the United States to uphold analogous commitments elsewhere in the Indo-Pacific region; and (G) any such loss of credibility could jeopardize the ability of the United States to forge and sustain the coalition of nations required to maintain a favorable balance of power against the People’s Republic of China, thereby denying the hegemonic ambitions of the People’s Republic of China. 4. Sense of Congress It is the sense of Congress that— (1) the ability of the United States to maintain a free and open Indo-Pacific region would be significantly compromised if the People’s Republic of China were able to invade and seize control of Taiwan, with severe implications for the lives, livelihoods, and freedoms of working Americans and the allies and partners of the United States in the Indo-Pacific region; (2) the most effective way for the People’s Republic of China to seize control of Taiwan is by way of invasion, and an invasion of Taiwan by the People’s Republic of China is likely to take the form of a fait accompli; (3) implementation of the Taiwan Relations Act requires the United States to maintain the ability of the United States Armed Forces to defeat a fait accompli by the People’s Republic of China against Taiwan, and officials across multiple administrations have affirmed that— (A) the United States should maintain the ability of the United States Armed Forces to defeat a fait accompli by the People’s Republic of China against Taiwan, and (B) a strategy of denial is the most effective option for deterring or defeating a fait accompli by the People’s Republic of China against Taiwan; (4) the Department of Defense has nonetheless struggled to consistently focus sufficient attention and resources on maintaining the ability to deny a fait accompli by the People’s Republic of China against Taiwan, and as a result— (A) the Government of the People’s Republic of China may believe that it can launch a successful fait accompli against Taiwan as soon as 2027; and (B) the governments of allies and partners of the United States in the Indo-Pacific region may question the will or ability of the United States to lead efforts to prevent the People’s Republic of China from dominating the Indo-Pacific region; and (5) it should therefore be the policy of the United States to maintain the ability of the United States Armed Forces to deny a fait accompli by the People’s Republic of China against Taiwan in order to— (A) ensure the Department of Defense adequately prioritizes maintaining the ability to deny a fait accompli by the People’s Republic of China against Taiwan as it develops strategies and plans and designs, postures, and employs the United States Armed Forces; and (B) by doing so, clarify for the Government of the People’s Republic of China and other governments in the Indo-Pacific region that the United States maintains and will continue to maintain the ability of the United States Armed Forces to deny a fait accompli by the People’s Republic of China against Taiwan, as required by the Taiwan Relations Act and in order to strengthen deterrence in the Indo-Pacific region. 5. Statement of policy It shall be the policy of the United States to maintain the ability of the United States Armed Forces to deny a fait accompli by the People’s Republic of China against Taiwan. | https://www.govinfo.gov/content/pkg/BILLS-117s2073is/xml/BILLS-117s2073is.xml |
117-s-2074 | II 117th CONGRESS 1st Session S. 2074 IN THE SENATE OF THE UNITED STATES June 16, 2021 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require greater transparency for Federal regulatory decisions that impact small businesses.
1. Short title This Act may be cited as the Prove It Act of 2021 . 2. Review procedures related to the certification (a) In general Section 605(b) of title 5, United States Code, is amended— (1) by inserting (1) before Sections 603 ; (2) in paragraph (1), as so designated— (A) by striking the preceding sentence and inserting this subsection ; and (B) by striking statement to the Chief Counsel for Advocacy of the Small Business Administration and inserting statement providing the factual basis to the Chief Counsel for Advocacy of the Small Business Administration (in this subsection referred to as the Chief Counsel ) ; and (3) by adding at the end the following: (2) (A) If the Chief Counsel disagrees with a certification and statement providing the factual basis for the certification published in the Federal Register under paragraph (1) with respect to a proposed rule, the Chief Counsel may, not later than 14 days after the date on which the statement and factual basis were published in the Federal Register, submit to the head of the Federal agency proposing the rule a letter (in this subsection referred to as an advisement letter ) advising the head of the Federal agency to— (i) review the certification and the detailed statement submitted by the Chief Counsel under subparagraph (B); and (ii) reconsider the certification. (B) An advisement letter submitted by the Chief Counsel under subparagraph (A) shall— (i) include a detailed statement of why the Chief Counsel disagreed with the certification or the statement providing the factual basis received under paragraph (1); and (ii) be published on the website of the Office of Advocacy of the Small Business Administration. (C) Not later than 7 days after the date on which the head of a Federal agency receives an advisement letter under subparagraph (A) with respect to a proposed rule, the head of the Federal agency shall— (i) publish in the Federal Register and on the website of the Federal agency an acknowledgment of receipt of the advisement letter; (ii) allow the public comment period for the rule to remain open for a period of not less than 30 days; and (iii) if, during the 30-day period described in clause (ii), the head of the Federal agency determines that the certification and statement providing the factual basis should be modified, shorten or eliminate the 30-day period. (D) (i) Not later than 30 days after the date on which the Chief Counsel submits to the head of a Federal agency an advisement letter under subparagraph (A), the Federal agency shall submit to the Chief Counsel and publish in the Federal Register and on the website of the Federal agency the results of the review and reconsideration. (ii) If, after conducting the review and reconsideration under subparagraph (A), the head of the Federal agency determines— (I) that there was not a sufficient factual basis to support the certification, the Federal agency shall perform and publish in the Federal Register an initial regulatory flexibility analysis under section 603, with an opportunity for public comment, before promulgating the final rule; (II) that the certification was appropriate but the factual basis was inadequate to support the certification, the Federal agency shall revise the factual basis to support the certification; or (III) that the certification was appropriate and the factual basis was adequate to support the certification, the Federal agency may continue with the rule making. . 3. Judicial review Section 611(a) of title 5, United States Code, is amended— (1) in paragraph (1), by striking 605(b) and inserting 605(b)(1) ; and (2) in paragraph (2), by striking 605(b) and inserting 605(b)(1) . | https://www.govinfo.gov/content/pkg/BILLS-117s2074is/xml/BILLS-117s2074is.xml |
117-s-2075 | II 117th CONGRESS 1st Session S. 2075 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Bennet (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for AmeriCorps educational awards.
1. Short title This Act may be cited as the Segal AmeriCorps Education Award Tax Relief Act of 2021 . 2. Exclusion from gross income of AmeriCorps educational awards (a) In general Paragraph (2) of section 117(c) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , or , and by adding at the end the following new subparagraph: (D) a national service educational award under subtitle D of title I of the National and Community Service Act of 1990. . (b) Exclusion of discharge of student loan debt Subsection (f) of section 108 of such Code is amended by adding at the end the following new paragraph: (6) Payments under national service educational award programs In the case of an individual, gross income shall not include any amount received under a national service educational award under subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ). . (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2075is/xml/BILLS-117s2075is.xml |
117-s-2076 | II 117th CONGRESS 1st Session S. 2076 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Bennet (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 establish a program to develop antimicrobial innovations targeting the most challenging pathogens and most threatening infections.
1. Short title This Act may be cited as the Pioneering Antimicrobial Subscriptions To End Up surging Resistance Act of 2021 or the PASTEUR Act of 2021 . 2. Developing antimicrobial innovations Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: W Developing antimicrobial innovations 399OO. Establishment of Committee; subscription model; advisory group (a) In general Not later than 60 days after the date of enactment of this part, the Secretary shall establish a Committee on Critical Need Antimicrobials and appoint members to the Committee. (b) Members (1) In general The Committee shall consist of at least one representative from each of the National Institute of Allergy and Infectious Diseases, the Centers for Disease Control and Prevention, the Biomedical Advanced Research and Development Authority, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Veterans Health Administration, and the Department of Defense. (2) Chair The Secretary shall appoint one of the members of the Committee to serve as the Chair of the Committee. (c) Duties Not later than 1 year after the appointment of all initial members of the Committee, the Secretary, in collaboration with the Committee, and in consultation with the Critical Need Antimicrobials Advisory Group established under subsection (g), shall do the following: (1) Develop a list of infections for which new antimicrobial drug development is needed, taking into account organisms, sites of infection, and type of infections for which there is an unmet medical need, findings from the most recent report entitled Antibiotic Resistance Threats in the United States issued by the Centers for Disease Control and Prevention, or an anticipated unmet medical need, including a potential global health security threat. For the list developed under this paragraph, the Secretary, in collaboration with the Committee, may use the infection list in such most recent report for up to 3 years following the date of enactment of this part and subsequently update the list under this paragraph in accordance with subsection (e). (2) Develop regulations, in accordance with subsection (d), outlining favored characteristics of critical need antimicrobial drugs, that are evidence based, clinically focused, and designed to treat the infections described in paragraph (1), and establishing criteria for how each such characteristic will adjust the monetary value of a subscription contract awarded under subsection (f) or section 399QQ. The favored characteristics shall be weighed for purposes of such monetary value such that meeting certain characteristics, or meeting more than one such characteristic, increases the monetary value. Such favored characteristics of an antimicrobial drug shall include— (A) treating infections on the list under paragraph (1); (B) improving clinical outcomes for patients with multi-drug-resistant infections; (C) being a first-approved antimicrobial drug that has the potential to address unmet medical needs for the treatment of a serious or life-threatening infection, and, to a lesser extent, second and third drugs that treat such infections; (D) route of administration, especially through oral administration; (E) (i) containing no active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)) that has been approved in any other application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or intending to be the subject of a new original biologics license application under section 351(a); (ii) being a member of a new class of drugs with a novel target and novel mode of action that are distinctly different from the target or mode of any antimicrobial drug approved under section 505 of such Act or licensed under section 351, including reduced toxicity; (iii) not being affected by cross-resistance to any antimicrobial drug approved under such section 505 or licensed under such section 351; (F) addressing a multi-drug resistant infection through a novel chemical scaffold or mechanism of action; (G) having received a transitional subscription contract under subsection (f); and (H) any other characteristic the Secretary, in collaboration with the Committee, determines necessary. (d) Regulations (1) In general Not later than 1 year after the appointment of the initial members of the Committee, the Secretary shall issue proposed regulations which shall include— (A) a process by which the sponsors can apply for an antimicrobial drug to become a critical need antimicrobial drug under section 399PP; (B) how subscription contracts under such section shall be established and paid; (C) the favored characteristics under subsection (c)(2), how such characteristics will be weighed, and the minimum number and kind of favored characteristics needed for an antimicrobial drug to be designated a critical need antimicrobial drug; and (D) other elements of the subscription contract process, in accordance with this part. (2) Development of final regulations Before finalizing the regulations under paragraph (1), the Secretary shall solicit public comment and hold public meetings for the period beginning on the date on which the proposed regulations are issued and ending on the date that is 120 days after such date of issuance. The Secretary shall finalize and publish such regulations not later than 120 days after the close of such period of public comment and meetings. (3) Subscription contract office Not later than 6 months after the date of enactment of this part, the Secretary shall propose an agency or office in the Department of Health and Human Services to manage the establishment and payment of subscription contracts awarded under section 399QQ, including eligibility, requirements, and contract amounts. The Secretary shall solicit public comment and finalize the agency or office no later than 45 days following the proposed agency or office. Such agency or office shall be referred to as the Subscription Contract Office . (e) List of infections The Secretary, in collaboration with the Committee, shall update the list of infections under subsection (c)(1) at least every 2 years. (f) Transitional subscription contracts (1) In general Not earlier than 30 days after the date of enactment of this part and ending on the date that the Secretary finalizes the subscription contract regulations under subsection (d), the Secretary may use up to $1,000,000,000 of the amount appropriated under section 399SS(a) to engage in transitional subscription contracts of up to 3 years in length with antimicrobial developers, as determined by the Secretary, that have developed antimicrobial drugs treating infections listed in the most recent report entitled Antibiotic Resistance Threats in the United States issued by the Centers for Disease Control and Prevention, and may include antimicrobial drugs that are qualified infectious disease products (as defined in section 505E(g) of the Federal Food, Drug, and Cosmetic Act), innovative biological products, or innovative drugs that achieve a clinical outcome through immunomodulation. Such a contract may authorize the contractor to use funds made available under the contract for completion of postmarketing clinical studies, manufacturing, and other preclinical and clinical efforts. (2) Requirements (A) In general The Secretary, through the office described in paragraph (4), may enter into a contract under paragraph (1)— (i) if the Secretary determines that the antimicrobial drug is intended to treat an infection for which there is an unmet clinical need, an anticipated clinical need, or drug resistance; (ii) subject to terms including— (I) that the Secretary shall cease any payment installments under a transitional subscription contract if the sponsor does not— (aa) ensure commercial and Federal availability of the antimicrobial drug within 30 days of receiving first payment under the contract; (bb) identify, track, and publicly report drug resistance data and trends using available data related to the antimicrobial drug; (cc) develop and implement education and communications strategies, including communications for individuals with limited English proficiency and individuals with disabilities, for health care professionals and patients about appropriate use of the antimicrobial drug; (dd) submit a plan for registering the antimicrobial drug in additional countries where an unmet medical need exists, which such plan may be consistent with the Stewardship and Access Plan (SAP) Development Guide (2021); (ee) subject to subparagraph (B), ensure a reliable drug supply chain, thus leading to an interruption of the supply of the antimicrobial drug in the United States for more than 60 days; or (ff) make meaningful progress toward completion of Food and Drug Administration-required postmarketing studies, including such studies that are evidence based; and (II) other terms as determined by the Secretary; and (iii) if— (I) a phase 3 clinical study has been initiated for the antimicrobial drug; or (II) the antimicrobial drug has been approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensed under section 351(a). (B) Waiver The requirement under subparagraph (A)(ii)(I)(ee) may be waived in the case that an emergency prohibits access to a reliable drug supply chain. (3) Transitional guidance Not later than 120 days after the appointment of the initial members of the Committee, the Secretary shall issue, in consultation with the Committee, transitional guidance outlining the antimicrobial drugs that are eligible for transitional subscription contracts under paragraph (1), the requirements to enter into a transitional subscription contract under paragraph (2), and the process by which drug developers can enter into transitional subscription contracts with the Secretary under this subsection. (4) Payment office and mechanism Not later than 30 days after the date of enactment of this part, the Secretary shall determine the agency or office in the Department of Health and Human Services that will manage the transitional subscription contracts, including eligibility, requirements, and contract amounts, during the period described in paragraph (1). (g) Critical need antimicrobial advisory group (1) In general Not later than 30 days after the appointment of all initial members of the Committee, the Secretary, in collaboration with the Committee, shall establish a Critical Need Antimicrobial Advisory Group (referred to in this subsection as the Advisory Group ) and appoint members to the Advisory Group. (2) Members The members of the Advisory Group shall include— (A) not fewer than 6 individuals who are— (i) infectious disease specialists; or (ii) other health experts with expertise in researching antimicrobial resistance, health economics, or commercializing antimicrobial drugs; and (B) not fewer than 5 patient advocates. (3) Chair The Secretary shall appoint one of the members of the Advisory Group to serve as the Chair. (4) Conflicts of interest In appointing members under paragraph (2), the Secretary shall ensure that no member receives compensation in any manner from a commercial or for-profit entity that develops antimicrobials or that might benefit from antimicrobial development. (5) Applicability of FACA Except as otherwise provided in this subsection, the Federal Advisory Committee Act shall apply to the Advisory Group. 399PP. Critical need antimicrobial drug application and payment through subscription contracts (a) In general (1) Submission of request The sponsor of an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a) for an antimicrobial drug may request that the Secretary designate the drug as a critical need antimicrobial. A request for such designation may be submitted after the Secretary grants for such drug an investigational new drug exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act or section 351(a)(3), and shall be submitted not later than 5 years after the date of approval under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensure under section 351(a). (2) Content of request A request under paragraph (1) shall include information, such as clinical, preclinical and postmarketing data, a list of the favorable characteristics described in section 399OO(c)(2), and any other material that the Secretary in consultation with the Committee requires. (3) Review by secretary The Secretary shall promptly review all requests for designation submitted under this subsection, assess all required application components, and determine if the antimicrobial drug is likely to meet the favorable characteristics identified in the application upon the completion of clinical development. After review, the Secretary shall approve or deny each request for designation not later than 90 days after receiving a request. If the Secretary approves a request, it shall publish the value of the contract that the critical need antimicrobial developer would be eligible to receive if such developer successfully demonstrates that the drug meets the maximum value of the favored characteristics listed in the application. (4) Length of designation period A designation granted under this section shall be in effect for a period of 10 years after the date that the designation is approved, and shall remain in effect for such period even if the infection treated by such drug is later removed from the list of infections under section 399OO(c)(1). (5) Subsequent reviews No sooner than 2 years after a designation approval or denial under subsection (3), the sponsor may request a subsequent review to re-evaluate the value of a contract to include any new information. (b) Development of designated drugs If a critical need antimicrobial designation is granted during clinical development of an antimicrobial drug, the Secretary may work with the sponsor to maximize the opportunity for the sponsor to successfully demonstrate that the antimicrobial drug possesses the favored characteristics of high-monetary valued products identified under section 399OO(c)(2). (c) Appropriate use of critical need antimicrobial (1) In general The sponsor of an antimicrobial drug that receives designation under subsection (a) shall within 90 days of such designation, submit to the Secretary a plan for appropriate use of diagnostics, in order for the Secretary and Committee to consider such plan in developing clinical guidelines. An appropriate use plan— (A) shall include— (i) the appropriate use of the drug; and (ii) the appropriate use of diagnostic tools, where available, such as diagnostic testing for biomarkers related to antimicrobial-resistant pathogens, or other targeted diagnostic approaches, to inform use of the drug; and (B) may be developed in partnership with the Secretary, infectious disease experts, diagnostic experts or developers, laboratory experts, or another entity. (2) Consultation The Secretary shall consult with relevant professional societies and the Critical Need Antimicrobial Advisory Group established under section 399OO(g) to ensure that clinical guidelines issued by the Secretary under paragraph (3), with respect to an antimicrobial drug designated under subsection (a), includes the use of appropriate diagnostic approaches, taking into consideration the diagnostic plan submitted by a sponsor under paragraph (1). (3) Publication of clinical guidelines Not later than 1 year after the Secretary makes the first designation under subsection (a), and not less than every 3 years thereafter, the Secretary shall publish clinical guidelines in consultation with relevant professional societies with respect to each antimicrobial drug that has been approved or licensed as described in subsection (a)(1) and that has been designated under subsection (a), which guidelines shall set forth the evidence-based recommendations for prescribing the drug, in accordance with the submissions of the sponsor under paragraph (1) and after consultation under paragraph (2), as appropriate. 399QQ. Subscription contracts (a) Application for a subscription contract (1) Submission of applications After approval under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensure under section 351(a), the sponsor of an antimicrobial drug designated as a critical need antimicrobial under section 399PP may submit an application for a subscription contract with the Secretary, under a procedure established by the Secretary. (2) Review of applications The Secretary shall, in consultation with the Committee— (A) review all applications for subscription contracts under paragraph (1) and assess all required application components; (B) determine the extent to which the critical need antimicrobial meets the favored characteristics identified under section 399OO(c)(2), and deny any application for a drug that meets none of such characteristics; and (C) assign a monetary value to the contract based on the regulations developed under section 399OO(d). (b) Criteria To qualify for a subscription contract under this section, the sponsor of an antimicrobial drug designated as a critical need antimicrobial shall agree to— (1) ensure commercial and Federal availability of the antimicrobial drug within 30 days of receiving first payment under the contract, and sufficient supply for susceptibility device manufacturers; (2) identify, track, and publicly report drug resistance data and trends using available data related to the antimicrobial drug; (3) develop and implement education and communications strategies, including communications for individuals with limited English proficiency and individuals with disabilities, for health care professionals and patients about appropriate use of the antimicrobial drug; (4) submit an appropriate use assessment to the Secretary, Committee, Food and Drug Administration, and Centers for Disease Control and Prevention every 2 years regarding use of the antimicrobial drug, including how the drug is being marketed; (5) submit a plan for registering the drug in additional countries where an unmet medical need exists; (6) ensure a reliable drug supply chain, where any interruption to the supply chain will not last for more than 60 days in the United States; (7) complete any postmarketing studies required by the Food and Drug Administration in a timely manner; (8) produce the drug at a reasonable volume determined with the Secretary to ensure patient access to the drug; (9) price the drug at a price that is not lower than a comparable generic drug; (10) abide by the manufacturing and environmental best practices in the supply chain to ensure that there is no discharge into, or contamination of, the environment by antimicrobial agents or products as a result of the manufacturing process; and (11) abide by other terms as the Secretary may require. (c) Amount and terms of contracts (1) Amounts A subscription contract under this section shall be for the sale to the Secretary of any quantity of the antimicrobial drug needed over the term of the contract under paragraph (2), at an agreed upon price, for a total projected amount determined by the Secretary that is not less than $750,000,000 and not more than $3,000,000,000, adjusted for inflation, accounting for the favored characteristics of the drug, as determined by the Secretary, in consultation with the Committee, under subsection (a)(2), and shall be allocated from the amount made available under section 399SS(a). Not later than 6 months after the subscription contract is granted under subsection (a), the Secretary shall provide payments for purchased drugs in installments established by the Secretary in consultation with the sponsor of the antimicrobial drug and in accordance with subsection (d)(3). Funds received by the sponsor shall be used to support criteria qualification under subsection (b), the completion of postmarketing clinical studies, manufacturing, other preclinical and clinical activities, or other activities agreed to by the Secretary and sponsor in the contract. (2) Terms (A) Initial term The initial term of a contract under this subsection shall be no less than 5 years or greater than the greater of 10 years or the remaining period of time during which the sponsor has patent protections or a remaining exclusivity period with respect to the antimicrobial drug in the United States, as listed in the publication of the Food and Drug Administration entitled Approved Drug Products with Therapeutic Equivalence Evaluations . Payments may be in equal annual installments with the option to redeem 50 percent of the last year’s reimbursement in year 1 of the contract in order to offset costs of establishing manufacturing capacity, or another subscription arrangement to which the Secretary and sponsor agree. Subscription contracts shall remain in effect for such period even if the infection treated by such antimicrobial drug is later removed from the list of infections under section 399OO(c)(1). (B) Extension of contracts The Secretary may extend a subscription contract with a sponsor under this subsection beyond the initial contract period. A single contract extension may be in effect not later than the date on which all periods of exclusivity granted by the Food and Drug Administration expire and shall be in an amount not to exceed $25,000,000 per year. All other terms of an extended contract shall be the same as the terms of the initial contract. The total amount of funding used on such contract extensions shall be no more than $1,000,000,000, and shall be allocated from the amount made available under section 399SS. (C) Modification of contracts The Secretary or sponsor, 1 year after the start of the contract period under this subsection and every 2 years thereafter, may request a modification of the amount of the contract based on information that adjusts favored characteristics in section 399OO(c)(2). (3) Adjustment In the case of an antimicrobial drug that received a transitional subscription contract under section 399OO(f), the amount of a subscription contract for such drug under this section shall be reduced by the amount of the transitional subscription contract under such section 399OO(f) for such drug. (4) Contracts for generic and biosimilar versions Notwithstanding any other provision in this part, the Secretary may award a subscription contract under this section to a manufacturer of a generic or biosimilar version of an antimicrobial drug for which a subscription contract has been awarded under this section. Such contracts shall be awarded in accordance with a procedure, including for determining the terms and amounts of such contracts, established by the Secretary. (d) Annual antimicrobial drug sponsor revenue limitations (1) Reporting requirement (A) In general Not later than a date determined appropriate by the Secretary following the end of each calendar year, and not earlier than 6 months after the end of each calendar year, the head (or a designee of such head) of each Federal agency carrying out a specified government program shall, in accordance with this paragraph, report to the Subscription Contract Office established under section 399OO(d)(3) the total prescription drug sales for each applicable antimicrobial drug under contract with respect to such program for such calendar year. (B) Medicare Part D program For purposes of subparagraph (A), the Secretary shall report, for each applicable antimicrobial drug covered under part D of title XVIII of the Social Security Act, the product of— (i) the per-unit ingredient cost, as reported to the Secretary by prescription drug plans and Medicare Advantage prescription drug plans, minus any per-unit rebate, discount, or other price concession provided by the sponsor of such applicable antimicrobial drug, as reported to the Secretary by the prescription drug plans and the Medicare Advantage prescription drug plans; and (ii) the number of units of such applicable antimicrobial drug paid for under such part D. (C) Medicare Part B program (i) In general For purposes of subparagraph (A), the Secretary shall report, for each applicable antimicrobial drug covered under part B of title XVIII of the Social Security Act, the product of— (I) the per-unit average sales price (as defined in section 1847A(c) of such Act) or the per-unit payment rate under such part B for a separately paid prescription drug without a reported average sales price; and (II) the number of units of such applicable antimicrobial drug paid for under such part B. (ii) Units and allocated prices The Secretary shall establish a process for determining the units and the allocated price for purposes of this subparagraph for those applicable antimicrobial drugs that are not separately payable or for which National Drug Codes are not reported. (D) Medicare Part A program (i) In general For purposes of subparagraph (A), the Secretary shall report, for each applicable antimicrobial drug covered under part A of title XVIII of the Social Security Act, the product of— (I) the per-unit price under such part A for the antimicrobial drug; and (II) the number of units of such antimicrobial drug paid for under such part A. (ii) Special rule For purposes of clause (i), the Secretary shall establish a process for determining the units and the allocated price for those prescription drugs that are not separately payable or for which National Drug Codes are not reported in the diagnosis-related groups. (E) Medicaid program Under the authority of section 1902(a)(6) of the Social Security Act, the Secretary shall require each State that makes medical assistance available under the State plan under title XIX of such Act (or any waiver of such plan) for an applicable antimicrobial drug (including, if applicable, any such drug which is a covered outpatient drug under a rebate agreement entered into under section 1927 of such Act) to report, in a form consistent with a standard reporting format established by the Secretary, not later than the date determined under subparagraph (A)— (i) information on the total number of units of each dosage form and strength and package size of each applicable antimicrobial drug dispensed during the preceding calendar year under such State plan or waiver (including any such drugs dispensed to an individual enrolled with a medicaid managed care organization or other specified entity (as such terms are defined in section 1903(m) of such Act)); and (ii) with respect to each dosage form and strength and package size of each such drug, the amount equal to— (I) the product of— (aa) the total number of units dispensed under the State plan or waiver during the preceding calendar year (as determined under clause (i)); and (bb) the per-unit ingredient cost paid by the State for each such unit; minus (II) any discounts or other price concessions provided and rebates paid to the State with respect to the dosage form and strength and package size of such drug and such calendar year (including rebates paid under a rebate agreement under section 1927 of such Act and any State supplemental rebates paid under a supplemental rebate agreement). (F) Department of Veterans Affairs For purposes of subparagraph (A), the Secretary of Veterans Affairs shall report the total amount paid for each applicable antimicrobial drug procured by the Veterans Health Administration for individuals who receive health care from the Administration. (G) Department of Defense and TRICARE program For purposes of subparagraph (A), the Secretary of Defense shall report the sum of— (i) the total amount paid for each applicable antimicrobial drug procured by the Department of Defense for individuals who receive health care from the Department; and (ii) for each applicable antimicrobial drug dispensed under the TRICARE retail pharmacy program under section 1074g(a)(2)(E)(ii) of title 10, United States Code, the product of— (I) the per-unit ingredient cost, minus any per-unit rebate paid by the sponsor of the applicable antimicrobial drug; and (II) the number of units of such applicable antimicrobial drug dispensed under such program. (H) Department of Homeland Security For purposes of subparagraph (A), the Secretary of Homeland Security shall report the total amount paid for each applicable antimicrobial drug procured by the Department of Homeland Security for individuals who receive health care through a program carried out by the Department. (I) Bureau of Prisons For purposes of subparagraph (A), the Director of the Bureau of Prisons shall report the total amount paid for each applicable antimicrobial drug procured by the Bureau of Prisons for individuals who receive health care through the Bureau. (J) Indian Health Service For purposes of subparagraph (A), the Secretary, acting through the Indian Health Service, shall report the total amount paid for each applicable antimicrobial drug procured by the Service for individuals who receive health care through the Service. (2) Regulations Not later than 1 year after the date of enactment of this part, the Secretary, in consultation with the heads of Federal agencies carrying out specified government programs, shall issue regulations to assist such heads (or their designees) in carrying out the requirements under this section. (3) Subscription contract adjustment Pursuant to the contract entered into under this section with respect to an applicable antimicrobial drug, for each year of the term of such contract, the Secretary shall, not earlier than 6 months after the end of each calendar year, subtract from the payment installments determined for such contract under subsection (c)(1) for such year the revenue of the sponsor of such drug from the previous year from sales of the applicable antimicrobial drug reported under paragraph (1) for specified government programs. (4) Definitions In this subsection: (A) Applicable antimicrobial drug The term applicable antimicrobial drug means an antimicrobial drug for which the sponsor of such drug receives a subscription contract under subsection (a). (B) Specified government program The term specified government program means— (i) the Medicare part D program under part D of title XVIII of the Social Security Act; (ii) the Medicare Part B program under part B of such title XVIII; (iii) the Medicare Part A program under part A of such title XVIII; (iv) the Medicaid program established under title XIX of the Social Security Act and includes, with respect to a State, any waiver in effect with respect to such program; (v) any program under which prescription drugs are procured by the Department of Veterans Affairs; (vi) any program under which prescription drugs are procured by the Department of Defense; (vii) the TRICARE retail pharmacy program under section 1074g(a)(2)(E)(ii) of title 10, United States Code; (viii) any program under which prescription drugs are procured by the Department of Homeland Security; (ix) any program under which prescription drugs are procured by the Bureau of Prisons; or (x) any program under which prescription drugs are procured by the Indian Health Service. (e) Failure To adhere to terms The Secretary shall cease any payment installments under a contract under this section if— (1) the sponsor— (A) permanently withdraws the antimicrobial drug from the market in the United States; (B) fails to meet criteria under subsection (b); or (C) does not complete a postmarket study required by the Food and Drug Administration during the length of the term of the contract; (2) the annual international and private insurance market revenues with respect to an antimicrobial drug (not counting any subscription revenues from any source pursuant to a contract under this section or other international or private entities) exceed 5 times the average annual amount of the subscription contract paid by the Secretary as certified by the sponsor annually; or (3) if the total revenue of the sponsor from specified government programs, as defined in subsection (d)(4), for a year exceeds the amount of the subscription contract paid by the Secretary for that year. (f) Private payer and international payer participation The Secretary shall make efforts to increase the participation of domestic private payors and international payors in subscription contracts or other types of value-based arrangements that are similar to the subscription contracts authorized under this section. 399RR. Encouraging appropriate use of antibiotics and combating resistance (a) Establishment of hospital grant program (1) In general Not later than 1 year after the date of enactment of this part, the Secretary and the Director of the Centers for Disease Control and Prevention shall coordinate with the Administrator of the Health Resources and Services Administration, the Administrator of the Centers for Medicare & Medicaid Services, the National Coordinator for Health Information Technology, and other relevant agencies, to establish a grant program under the Centers for Disease Control and Prevention to support hospital and other inpatient facility efforts— (A) to judiciously use antimicrobial drugs, such as by establishing or implementing appropriate use programs, including infectious disease telehealth programs, using appropriate diagnostic tools, partnering with academic hospitals, increasing health care-associated infection reporting, and monitoring antimicrobial resistance; and (B) to participate in the National Healthcare Safety Network Antimicrobial Use and Resistance Module or the Emerging Infections Program Healthcare-Associated Infections Community Interface activity of the Centers for Disease Control and Prevention or a similar reporting program, as specified by the Secretary, relating to antimicrobial drugs. (2) Prioritization In awarding grants under paragraph (1), the Secretary shall prioritize hospitals without an existing program to judiciously use antimicrobial drugs, subsection (d) hospitals (as defined in subparagraph (B) of section 1886(d)(2) of the Social Security Act that are located in rural areas (as defined in subparagraph (D) of such section), critical access hospitals (as defined in section 1861(mm)(1) of such Act), hospitals serving Tribal-populations, and safety-net hospitals. (3) Funding Of the amounts appropriated under section 399SS, the Secretary shall reserve $500,000,000 to carry out this subsection. (b) Surveillance and reporting of antibiotic use and resistance (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall use the National Healthcare Safety Network and other appropriate surveillance systems to assess— (A) appropriate conditions, outcomes, and measures causally related to antibacterial resistance, including types of infections, the causes for infections, and whether infections are acquired in a community or hospital setting, increased lengths of hospital stay, increased costs, and rates of mortality; and (B) changes in bacterial resistance to antimicrobial drugs in relation to patient outcomes, including changes in percent resistance, prevalence of antibiotic-resistant infections, and other such changes. (2) Antibiotic use data The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall work with Federal agencies (including the Department of Veterans Affairs, the Department of Defense, the Department of Homeland Security, the Bureau of Prisons, the Indian Health Service, and the Centers for Medicare & Medicaid Services), private vendors, health care organizations, pharmacy benefit managers, and other entities as appropriate to obtain reliable and comparable human antibiotic drug consumption data (including, as available and appropriate, volume antibiotic distribution data and antibiotic use data, including prescription data) by State or metropolitan areas. (3) Antibiotic resistance trend data The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall intensify and expand efforts to collect antibiotic resistance data and encourage adoption of the Antibiotic Use and Resistance Module within the National Healthcare Safety Network among all health care facilities across the continuum of care, including, as appropriate, acute care hospitals, dialysis facilities, nursing homes, ambulatory surgical centers, and other ambulatory health care settings in which antimicrobial drugs are routinely prescribed. The Secretary shall seek to collect such data from electronic medication administration reports and laboratory systems to produce the reports described in paragraph (4). (4) Public availability of data The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, for the purposes of improving the monitoring of important trends in patient outcomes in relation to antibacterial resistance— (A) make the data derived from surveillance under this subsection publicly available through reports issued on a regular basis that is not less than annually; and (B) examine opportunities to make such data available in near real time. 399SS. Appropriations (a) In general To carry out this part, there are hereby appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $11,000,000,000, for fiscal year 2022, to remain available until expended. (b) Emergency designation (1) In general The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010. (2) Designation in senate In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. 399TT. Studies and reports (a) In general Not later than 6 years after the date of enactment of this part, the Comptroller General of the United States shall complete a study on the effectiveness of this part in developing priority antimicrobial drugs. Such study shall examine the indications for, usage of, development of resistance with respect to, and private and societal value of critical need antimicrobial drugs, and the impact of the programs under this part on patients and markets of critical need antimicrobial drugs. The Comptroller General shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the findings of such study. (b) Antibiotic use in the United States; annual reports The Director of the Centers for Disease Control and Prevention shall, each year, update the report entitled Antibiotic Use in the United States to include updated information on progress and opportunities with respect to data, programs, and resources for prescribers to promote appropriate use of antimicrobial drugs. (c) Report on antimicrobial prophylactics Not later than 3 years after the date of enactment of this part, the Director of the Centers for Disease Control and Prevention shall publish a report on antimicrobial prophylactics. 399UU. Definitions In this part— (1) the term antimicrobial drug — (A) means, subject to subparagraph (B), a product that is— (i) a drug that directly inhibits replication of or kills bacteria or fungi relevant to the proposed indication at concentrations likely to be attainable in humans to achieve the intended therapeutic effect; or (ii) a biological product that acts directly on bacteria or fungi or on the substances produced by such bacteria or fungi; and (B) does not include— (i) a drug that achieves the effect described by subparagraph (A)(i) only at a concentration that cannot reasonably be studied in humans because of its anticipated toxicity; or (ii) a vaccine; and (2) the term Committee means the Committee on Critical Need Antimicrobials established under section 399OO. . | https://www.govinfo.gov/content/pkg/BILLS-117s2076is/xml/BILLS-117s2076is.xml |
117-s-2077 | II 117th CONGRESS 1st Session S. 2077 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a bipartisan Presidential Commission to study the establishment of a National Museum of the American People to tell the story about the making of the American People, and for other purposes.
1. Short title This Act may be cited as the National Museum of the American People Presidential Commission Establishment Act of 2021 . 2. Findings Congress finds the following: (1) Our Nation continues to struggle with acceptance of immigrant communities and individuals having diverse ancestry despite the Nation’s own diverse ancestry history and the major contributions of immigrants to our country. (2) Our Nation recognizes its imperfections yet continues to strive to uphold the principles, aspirations, and ideals based on its founding documents upon which our Nation was founded and built. (3) Our Nation is searching for unity and a National Museum of the American People can serve as a vehicle to bring all Americans together to help heal our Nation’s divisive wounds. (4) A National Museum of the American People would tell the full story about the making of the American people from wherever they came: Europe, Asia and the Pacific Islands, Oceania, the Middle East, Africa, and the Americas, including the First Peoples. (5) There is no national museum in Washington, DC, that— (A) tells the story of all of the people of the United States; or (B) tells a history of indigenous peoples, colonization, slavery, immigration, and migration to and within the United States. (6) A National Museum of the American People would— (A) recount the history of all groups of people who came to the United States and the contributions of those people to the United States; (B) embody the theme E Pluribus Unum , the original motto of the United States; (C) celebrate all ethnicities, nationalities and minorities within the United States; (D) foster a sense of belonging by all Americans; (E) contribute to a common national identity as people of the United States; (F) recognize the continued importance of immigrants to our Nation’s success; (G) highlight the role of the Declaration of Independence, the Constitution, and the Bill of Rights, the founding documents of the United States; (H) explore the ways in which those documents shaped the character of the people of the United States and infused Americans with common values and a dedication to a democratic form of government; (I) be a resource for State, local, and ethnic museums throughout the United States that present exhibits that celebrate the heritage of the people of the United States; and (J) include the stories of and benefit all people of the United States. (7) People from every ethnic group in the United States would visit a National Museum of the American People to learn their own history and the history of every other ethnic group in the United States. (8) Leaders and visitors from every country would visit a National Museum of the American People to learn about the American people. (9) The goal of a National Museum of the American People would be to— (A) be the best storytelling museum in the world; (B) recount one of the most amazing stories in human history; (C) honor all of the people who have become people of the United States; (D) acknowledge that our Nation celebrates justice, equal opportunity, and respect for the human dignity of all; (E) educate every American about the migration and immigration stories that contributed to the successes and advancement of our Nation; and (F) foster learning about the American people at the Museum and throughout the Nation. (10) Upon the date of enactment of this Act, non-Federal sources will be sought to support funding for a Presidential Commission to study the establishment of the National Museum of the American People. (11) Non-Federal sources are anticipated to provide funding to design and build the National Museum of the American People, its exhibitions, and its components. (12) Two hundred and fifty organizations representing 73 different ethnic, nationality, minority, and genealogical groups support the establishment of a museum to tell their stories in a national Washington, DC, museum about becoming Americans. 3. Commission to study establishment of a National Museum of the American People (a) In general The President shall establish a bipartisan commission (referred to in this section as the Commission ) to study the establishment of a National Museum of the American People (referred to as the Museum ). (b) Membership (1) Composition The Commission shall be composed of 32 members appointed not later than 60 days after the date of enactment of this Act as follows: (A) The President shall appoint 16 voting members, including the Chair and Vice Chair of the Commission. (B) The Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall each appoint 4 voting members. (2) Qualifications Members of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either— (A) a demonstrated commitment to the research, study, or promotion of the American people as described in section 2 of this Act, together with— (i) expertise in museum administration; (ii) expertise in fundraising or serving as a funder for nonprofit or cultural institutions; (iii) experience as a scholar focused on any aspect of the making of the American people from first peoples through today; (iv) experience in studying the Smithsonian Institution’s representation of American art, life, history, and culture; (v) extensive experience in public or elected service; (vi) leadership of, or national representation for, ethnic or minority groups; or (vii) extensive experience with museum public relations and instituting a new national museum; or (B) experience or expertise in the administration of, or the planning and design for the establishment of, museums or other institutions devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (5) Initial meeting Not later than 30 days after the date on which a quorum of members of the Commission have been appointed, the Commission shall hold its first meeting. (6) Meetings The Commission shall meet at the call of the Chair. (c) Duties of the commission (1) Study The Commission shall conduct a thorough study of all matters relating to the establishment of a National Museum of the American People. (2) Report Not later than 6 months after the date of the first meeting of the Commission, the Commission shall submit a publicly available report to the President and Congress, which shall contain a detailed statement of the findings and conclusions of the Commission, together with the Commission’s recommendations for such legislation or administrative actions as the Commission considers appropriate, on the following issues: (A) The mission of the National Museum of the American People, which is to advance and share knowledge about the full history of the making of the American people who came from every corner of our planet and are tied together by our Constitution’s first words: We the People . (B) The story about the making of the American people in 4 chapters: (i) First Peoples Come: 10,000+ years ago (est.)–1607. (ii) The Nation Takes Form: 1607–1820. (iii) The Great In-Gathering: 1820–1924. (iv) Still They Come: 1924–present. (C) A review of possible Museum components, including— (i) a Center for the Advanced Study of the American People; (ii) a National Ancestry Center; (iii) an Archive and Library of American Immigration and Migration; (iv) an Education Resource Center; (v) a National Museum of the American People Film Center; (vi) a Peopling of America Center; (vii) Museum collections; (viii) public programs; (ix) special exhibitions; (x) traveling exhibitions; (xi) Museum bookstores and gift shops; and (xii) Museum food venues. (D) The availability and cost of collections to be acquired and housed in the Museum. (E) Possible locations for the Museum in Washington, DC, and its environs, to be considered in consultation with the National Capital Planning Commission, the Commission of Fine Arts, and the National Park Service. (F) The governance and organizational structure from which the Museum should operate, including whether the Museum should be part of the Smithsonian Institution. (G) The cost of constructing, operating, and maintaining the Museum. (3) Legislation to carry out plan of action Based on the recommendations from the study under paragraph (1) and the report submitted under paragraph (2), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate recommendations for a legislative plan of action to create and construct the Museum. (4) Fundraising plan The Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people and other sources. (d) Powers of the commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (2) Information from federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff (A) In general The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (C) Personnel as Federal employees (i) In general The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that title. (ii) Members of commission Clause (i) shall not be construed to apply to members of the Commission. (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Termination of the commission The Commission shall terminate 90 days after the date on which the Commission submits its recommendations under subsection (c)(3). (g) Authorization of appropriations There are authorized to be appropriated for carrying out the activities of the Commission $3,000,000 for the fiscal year beginning after the date of enactment of this Act. Such amount shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2077is/xml/BILLS-117s2077is.xml |
117-s-2078 | II 117th CONGRESS 1st Session S. 2078 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Cotton (for himself, Mr. Cruz , Mr. Rubio , Mr. Tuberville , Mr. Hawley , Mr. Grassley , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the issuance of F or J visas to researchers affiliated with the Chinese People’s Liberation Army.
1. Short title This Act may be cited as the People's Liberation Army Visa Security Act . 2. Sense of Congress It is the sense of Congress that— (1) the Secretary of State should revoke the existing F or J visas of any individuals who are employed, funded, or otherwise sponsored by the Chinese People’s Liberation Army; and (2) Australia, Canada, New Zealand, and the United Kingdom should take measures similar to the measures outlined in section 3 to address security concerns posed by researchers and scientists affiliated with, or funded by, the Chinese People’s Liberation Army. 3. Visa ban on researchers affiliated with the People's Liberation Army (a) Identification of PLA-Supported institutions (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall publish a list identifying the research, engineering, and scientific institutions that the President determines are affiliated with, or funded by, the Chinese People’s Liberation Army. (2) Form The list published under paragraph (1) shall be unclassified and publicly accessible, but may include a classified annex. (b) Exclusion from United States Except as provided in subsections (d) and (e), the Secretary of State may not issue a visa under subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ), and the Secretary of Homeland Security may not admit, parole into the United States, or otherwise provide nonimmigrant status under such subparagraphs, to any alien who is, or has previously been, employed, sponsored, or funded by any entity identified on the most recently published list under subsection (a). (c) Inquiry Before issuing a visa referred to in subsection (b) to a national of the People’s Republic of China, the Secretary of State, the Secretary of Homeland Security, a consular officer, or a U.S. Customs and Border Protection officer shall ask the alien seeking such visa if the alien is, or has previously been, employed, funded, or otherwise sponsored by the Chinese People’s Liberation Army or any of the affiliated institutions identified on the most recently published list under subsection (a). (d) Exception To comply with United Nations headquarters agreement Subsection (b) shall not apply to an individual if admitting the individual to the United States is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations. (e) National security waiver The President, or a designee of the President, may waive the application of subsection (b) if the President or such designee certifies in writing to the appropriate congressional committees that such waiver is in the national security interest of the United States. 4. Security Advisory Opinion requirement A consular officer shall request a Security Advisory Opinion (commonly known as a Visa Mantis ) with respect to any national of the People’s Republic of China who applies for a nonimmigrant visa— (1) under section 101(a)(15)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F) ) for graduate study in a field related to an item on the Commerce Control List (maintained pursuant to part 744 of the Export Administration Regulations); or (2) under section 101(a)(15)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(J) ) to conduct research on, or to participate in a program in a field related to, an item on the list referred to in paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s2078is/xml/BILLS-117s2078is.xml |
117-s-2079 | II 117th CONGRESS 1st Session S. 2079 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Tuberville introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To limit donations made pursuant to settlement agreements to which the United States is a party, and for other purposes.
1. Short title This Act may be cited as the Stop Settlement Slush Funds Act of 2021 . 2. Limitation on donations made pursuant to settlement agreements to which the United States is a party (a) Definition In this section, the term settlement agreement means a settlement agreement resolving a civil action or potential civil action, a plea agreement, a deferred prosecution agreement, or a non-prosecution agreement. (b) Limitation on required donations An official or agent of the Federal Government may not enter into or enforce any settlement agreement on behalf of the United States, directing or providing for a payment or loan to any person or entity other than the United States, other than a payment or loan that provides restitution for or otherwise directly remedies actual harm (including to the environment) directly and proximately caused by the party making the payment or loan or constitutes payment for services rendered in connection with the case, or a payment pursuant to section 3663 of title 18, United States Code. (c) Penalty Any official or agent of the Federal Government who violates subsection (b) shall be subject to the same penalties that would apply in the case of a violation of section 3302 of title 31, United States Code. (d) Effective date Subsections (b) and (c) shall apply only to any settlement agreement concluded on or after the date of enactment of this Act. (e) Reports on settlement agreements (1) In general Beginning at the end of the first fiscal year that begins after the date of enactment of this Act, and annually thereafter, the head of each Federal agency shall submit electronically to the Congressional Budget Office a report on each settlement agreement entered into by that agency during that fiscal year that directs or provides for a payment or loan to a person or entity other than the United States that provides restitution for or otherwise directly remedies actual harm (including to the environment) directly and proximately caused by the party making the payment or loan, or constitutes payment for services rendered in connection with the case, including the parties to each settlement agreement, the source of the settlement funds, and where and how such funds were and will be distributed. (2) Prohibition on additional funding No additional funds are authorized to be appropriated to carry out this subsection. | https://www.govinfo.gov/content/pkg/BILLS-117s2079is/xml/BILLS-117s2079is.xml |
117-s-2080 | II 117th CONGRESS 1st Session S. 2080 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes.
1. Short title This Act may be cited as the Defending Domestic Produce Production Act of 2021 . 2. Definitions (a) Core seasonal industry Section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 ) is amended by adding at the end the following: (37) Core seasonal industry The term core seasonal industry means the producers— (A) of a domestic like product that is a raw agricultural product, (B) whose collective output of the domestic like product constitutes a majority of the total production of the domestic like product in any State or group of States that accounts for a major portion of the total production of the domestic like product during any discrete season or cyclical period of time that concludes not later than 8 weeks after the date in which the product is harvested, and (C) that make substantially all of their sales of the domestic like product during the season or cyclical period of time described in subparagraph (B). . (b) Industry Section 771(4)(A) of the Tariff Act of 1930 ( 19 U.S.C. 1677(4)(A) ) is amended— (1) by striking industry means the producers and inserting the following: “‘industry’ means— (i) the producers ; (2) by striking the end period and inserting , or ; and (3) by adding at the end the following: (ii) a core seasonal industry. . (c) Interested party Section 771(9)(E) of the Tariff Act of 1930 ( 19 U.S.C. 1677(9)(E) ) is amended— (1) by striking association a majority and inserting the following: “association— (i) except as provided in clause (ii), a majority ; (2) by inserting or after States, ; and (3) by adding at the end the following: (ii) in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry, . 3. Improvements to countervailing duty procedures for core seasonal industries (a) Determination of industry support Section 702(c)(4) of the Tariff Act of 1930 ( 19 U.S.C. 1671a(c)(4) ) is amended— (1) in subparagraph (A)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking behalf of the industry, if— and inserting the following: “behalf of— (i) an industry (other than a core seasonal industry), if— ; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting , or ; and (D) by adding at the end the following: (ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition. ; (2) in subparagraph (B)(i), by inserting (during the season or cyclical period of time specified in the petition, if applicable) after their interests as domestic producers ; and (3) in subparagraph (D), in the matter preceding clause (i), by striking support and all that follows through domestic like product and inserting industry support in accordance with subparagraph (A) . (b) Suspension of investigations for extraordinary circumstances Section 704(c)(4)(A)(i) of the Tariff Act of 1930 ( 19 U.S.C. 1671c(c)(4)(A)(i) ) is amended by inserting (as defined in section 771(4)(A)(i)) after domestic industry . (c) Effect of final determinations Section 705(c)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1671d(c)(1) ) is amended— (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking , and and inserting a comma; and (3) by inserting after subparagraph (B) the following: (C) in cases involving a countervailable subsidy that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and . 4. Improvements to antidumping duty procedures for core seasonal industries (a) Determination of industry support Section 732(c)(4) of the Tariff Act of 1930 ( 19 U.S.C. 1673a(c)(4) ) is amended— (1) in subparagraph (A)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking behalf of the industry, if— and inserting the following: “behalf of— (i) an industry (other than a core seasonal industry), if— ; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting , or ; and (D) by adding at the end the following: (ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition. ; (2) in subparagraph (B)(i), by inserting (during the season or cyclical period of time specified in the petition, if applicable) after their interests as domestic producers ; and (3) in subparagraph (D), in the matter preceding clause (i), by striking support and all that follows through domestic like product and inserting industry support in accordance with subparagraph (A) . (b) Suspension of investigations for extraordinary circumstances Section 734(c)(2)(A)(i) of the Tariff Act of 1930 ( 19 U.S.C. 1673c(c)(2)(A)(i) ) is amended by inserting (as defined in section 771(4)(A)(i)) after domestic industry . (c) Effect of final determinations Section 735(c)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1673d(c)(1) ) is amended— (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking , and and inserting a comma; and (3) by inserting after subparagraph (B) the following: (C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and . 5. Application to Canada and Mexico Pursuant to section 418 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4588 ), the amendments made by this Act apply with respect to goods from Canada and Mexico. | https://www.govinfo.gov/content/pkg/BILLS-117s2080is/xml/BILLS-117s2080is.xml |
117-s-2081 | II 117th CONGRESS 1st Session S. 2081 IN THE SENATE OF THE UNITED STATES June 16, 2021 Ms. Hirono (for herself, Mrs. Murray , Mr. Reed , Mr. Whitehouse , Mr. Van Hollen , Ms. Warren , Mr. Durbin , Mr. Markey , Mr. Wyden , Ms. Hassan , Mr. Padilla , Ms. Smith , Mrs. Shaheen , Mr. Brown , Ms. Klobuchar , Mr. Booker , Mr. Warnock , Mr. Luján , Mr. Blumenthal , 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 improve the structure of the Federal Pell Grant program, and for other purposes.
1. Short title This Act may be cited as the Pell Grant Preservation and Expansion Act of 2021 . 2. Findings Congress finds the following: (1) The United States needs individuals with the knowledge, skills, and abilities that enable them to thrive as educated citizens in society and successfully participate in an interconnected economy. (2) Investments in higher education through student aid such as the Federal Pell Grant program under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) help students and families reach, afford, and complete education and training opportunities beyond high school. (3) The Federal Pell Grant program is the largest source of federally funded grant aid for postsecondary education. (4) The Federal Pell Grant program allows millions of people of the United States to attend college and is especially vital for students of color. Three in 5 African American undergraduate students, and one-half of all Latino undergraduate students, rely on the Federal Pell Grant program. (5) The Federal Pell Grant program should continue to be a reliable source of funding for aspiring students, their families, and future generations that they can count on to be there for them when they seek higher education. (6) To stabilize Federal Pell Grant funding and ensure the grant will continue to serve millions of students now and in the future, the program should become a fully mandatory program that grows with inflation. (7) Restoring prior eligibility cuts and expanding access to underserved students will give millions of students and families the critical student aid support they need and deserve. 3. Table of contents; references (a) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Table of contents; references. Sec. 4. Doubling Federal Pell Grants and providing all Federal Pell Grants through mandatory funding. Sec. 5. Providing increased Federal Pell Grants and other assistance for recipients of means-tested benefits. Sec. 6. Federal Pell Grant eligibility for Dreamer students. Sec. 7. Providing Federal Pell Grants for dependents of fallen heroes. Sec. 8. Restoring the total semesters of Federal Pell Grant eligibility. Sec. 9. Reducing financial aid penalties from satisfactory academic progress determinations. Sec. 10. Conforming amendments. Sec. 11. Effective date. (b) References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). 4. Doubling Federal Pell Grants and providing all Federal Pell Grants through mandatory funding (a) Amount of minimum Federal Pell Grants Section 401 ( 20 U.S.C. 1070a ), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) (referred to in this Act as the FAFSA Simplification Act ), is further amended— (1) in subsection (a)(2)(F), by striking 10 percent and inserting 5 percent ; (2) in subsection (b)— (A) in paragraph (1)(B)(i), by striking paragraph (5)(A) and inserting paragraph (5) ; (B) by striking paragraph (5) and inserting the following: (5) Maximum Federal Pell Grant (A) Award year 2023–2024 For award year 2023–2024, the total maximum Federal Pell Grant award shall be $9,000. (B) Award year 2024–2025 For award year 2024–2025, the total maximum Federal Pell Grant award shall be $10,000. (C) Award year 2025–2026 For award year 2025–2026, the total maximum Federal Pell Grant award shall be $11,000. (D) Award year 2026–2027 For award year 2026–2027, the total maximum Federal Pell Grant award shall be $12,000. (E) Award year 2027–2028 For award year 2027–2028, the total maximum Federal Pell Grant award shall be $13,000. (F) Award year 2028–2029 and subsequent years For award year 2028–2029, and each subsequent award year, the total maximum Federal Pell Grant award shall be $13,000— (i) increased by the adjustment percentage for the award year for which the amount under this subparagraph is being determined; and (ii) rounded to the nearest $50. (G) Definition of adjustment percentage In this paragraph, the term adjustment percentage, as applied to an award year, is equal to the percentage increase in the Consumer Price Index, as defined in section 478(f), between April 2026 and the April in the year prior to the beginning of the award year. ; (C) by striking paragraphs (6) and (7) and inserting the following: (6) Appropriation of funds There are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for fiscal year 2023 and each subsequent fiscal year to provide the total maximum Federal Pell Grant for which a student shall be eligible under this section during an award year. ; and (D) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively; (3) in subsection (d)(5)(B)(ii)— (A) in subclause (I)(bb), by striking or after the semicolon; (B) in subclause (II)(bb)(CC), by striking the period and inserting ; or ; and (C) by adding at the end the following: (III) during a period for which the student did not receive a loan under this title but for which, if the student had received such a loan, the student would have qualified for loan forgiveness under subclause (II)(bb)(CC). ; (4) by striking subsections (g) and (h); and (5) by redesignating subsections (i) and (j) as subsections (g) and (h), respectively. (b) Repeal of scoring requirement (1) In general Section 406 of H. Con. Res. 95 (109th Congress) is amended— (A) by striking subsection (b); and (B) by striking (a) In general .—Upon and inserting the following: Upon . (2) Effective date The amendments made by paragraph (1) shall take effect beginning on July 1, 2023. (c) Adjustment for award year 2022–2023 Notwithstanding section 401(b)(7)(C)(iii) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(7)(C)(iii) ), the amount determined under such clause for purposes of section 401(b)(7)(B)(iii) of such Act for award year 2022–2023 shall be $2,535. 5. Providing increased Federal Pell Grants and other assistance for recipients of means-tested benefits (a) Increased amount of maximum Federal Pell Grants for students with negative student aid indexes Section 401(b)(1) ( 20 U.S.C. 1070a(b)(1) ), as amended by section 4 and section 703 of the FAFSA Simplification Act, is further amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking A student and inserting Except in the case of a student with a student aid index of less than zero, a student ; (B) by striking clause (i); and (C) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; (2) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; (3) by inserting after subparagraph (A) the following: (B) A student with a student aid index of less than zero shall receive a Federal Pell Grant award that exceeds the total maximum Federal Pell Grant by an amount equal to the amount by which the student’s student aid index is less than zero. ; (4) in subparagraph (C), as redesignated by paragraph (2)— (A) in the matter preceding clause (i), by striking subparagraph (A) for an academic year, and inserting subparagraph (A), or an increased Federal Pell Grant under subparagraph (B), for an academic year, ; and (B) in clause (ii), by striking , except that a student aid index of less than zero shall be considered to be zero for the purposes of this clause ; (5) in subparagraph (D), as redesignated by paragraph (2), by striking (A) or (B) and inserting (A), (B), or (C) ; (6) in subparagraph (E), as redesignated by paragraph (2), by inserting or an increased Federal Pell Grant under subparagraph (B) after subparagraph (A) ; or (7) in subparagraph (F), as redesignated by paragraph (2), by striking or a minimum Federal Pell Grant under subparagraph (C) and inserting an increased Federal Pell Grant under subparagraph (B), or a minimum Federal Pell Grant under subparagraph (D) . (b) Special student aid index rule for recipients of means-Tested benefits Section 473 ( 20 U.S.C. 1087mm ), as amended by section 702(b) of the FAFSA Simplification Act, is further amended by adding at the end the following: (d) Special rule for means-Tested benefit recipients Notwithstanding subsection (b), for an applicant (or, as applicable, an applicant and spouse, or an applicant’s parents) who, at any time during the previous 24-month period, received a benefit under a means-tested Federal benefit program (or whose parent or spouse received such a benefit, as applicable), the Secretary shall for the purposes of this title consider the student aid index as equal to –$1,500 for the applicant. . 6. Federal Pell Grant eligibility for Dreamer students Section 484 ( 20 U.S.C. 1091 ), as amended by section 702(n) of the FAFSA Simplification Act, is further amended— (1) in subsection (a)(5), by inserting , or be a Dreamer student, as defined in subsection (u) after becoming a citizen or permanent resident ; and (2) by adding at the end the following: (u) Dreamer students (1) In general In this section, the term Dreamer student means an individual who— (A) (i) is not a citizen or national of the United States; and (ii) is inadmissible or deportable under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ); and (B) (i) in the case of such an individual who was younger than 18 years of age on the date on which the individual initially entered the United States— (I) has earned a high school diploma, the recognized equivalent of such diploma from a secondary school, or a high school equivalency diploma recognized by State law, or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins; (II) is enrolled at an institution of higher education pursuant to subsection (d); (III) has served in the uniformed services (as such term is defined in section 101 of title 10, United States Code) for not less than 2 years and, if discharged, received an honorable discharge; (IV) has acquired a degree, certificate, or recognized postsecondary credential from an institution of higher education or area career and technical education school (as such term is defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )); or (V) has completed not less than 2 years in a postsecondary program at an institution of higher education, or area career and technical education school, in the United States and has made satisfactory academic progress, as defined in subsection (c), during such time period; or (ii) (I) is, or at any time was, eligible for a grant of deferred action pursuant to— (aa) the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012; or (bb) the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents issued on November 20, 2014; or (II) would have been eligible for such a grant of deferred action if the applicable memorandum described in subclause (I) had been fully in effect since the date on which it was issued. (2) Hardship exception The Secretary shall issue regulations that direct when the Department shall waive the age requirement of paragraph (1)(B)(i) for an individual to qualify as a Dreamer student under such paragraph, if the individual demonstrates compelling circumstances. . 7. Providing Federal Pell Grants for dependents of fallen heroes (a) In general Part A of title IV ( 20 U.S.C. 1070 et seq. ), as amended by section 703 of the FAFSA Simplification Act, is amended— (1) in section 401— (A) in subsection (c)— (i) in paragraph (2)— (I) by striking subparagraph (A); and (II) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; (ii) in paragraph (3), by striking (2)(B)(i) and inserting (2)(A)(i) ; (iii) by redesignating paragraph (5) as paragraph (7); and (iv) by inserting after paragraph (4) the following: (5) Prevention of double benefits No eligible student described in paragraph (2) may receive a grant under both this subsection and subsection (b) concurrently. (6) Terms and conditions The Secretary shall award grants under this subsection in the same manner and with the same terms and conditions, including the length of the period of eligibility, as the Secretary awards Federal Pell Grants under subsection (b), except that— (A) the award rules and determination of need applicable to the calculation of Federal Pell Grants under subsection (b)(1) shall not apply to grants made under this subsection; and (B) the maximum period determined under subsection (d)(5) shall be determined by including all grants made under this section received by the eligible student and all grants so received under subpart 10 before the effective date of this subsection. ; and (2) by striking subpart 10 of part A ( 20 U.S.C. 1070h ). (b) Transition The Secretary shall take such steps as are necessary to transition from the Iraq and Afghanistan Service Grants program under subpart 10 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070h ), as in effect on the day before the effective date of this section, and the provision of Federal Pell Grants under section 401(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(c) ), as amended by the FAFSA Simplification Act and this section. 8. Restoring the total semesters of Federal Pell Grant eligibility Section 401(c)(5)(A), as added by section 703 of the FAFSA Simplification Act, is amended by striking 12 each place the term appears and inserting 18 . 9. Reducing financial aid penalties from satisfactory academic progress determinations Section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) ) is amended to read as follows: (c) Satisfactory progress (1) Definitions In this subsection: (A) Appeal The term appeal means a process by which a student who is not meeting the institution’s satisfactory academic progress standards petitions the institution for reconsideration of the student’s eligibility for assistance under this title. (B) Financial aid probation The term financial aid probation means a status assigned by an institution to a student who fails to make satisfactory academic progress and who has appealed and has had eligibility for aid reinstated. (C) Financial aid warning The term financial aid warning means a status assigned to a student who fails to make satisfactory academic progress at the end of the semester or equivalent period in which the student first fails to make such progress. (D) Payment period The term payment period means the applicable payment period described in section 668.4 of title 34, Code of Federal Regulations, or any successor regulation. (2) Satisfactory academic progress policy An institution shall establish a reasonable satisfactory academic progress policy for determining whether an otherwise eligible student is making satisfactory academic progress in the student’s educational program and may receive assistance under this title. The Secretary shall consider the institution’s policy to be reasonable if— (A) the policy is at least as strict as the policy the institution applies to a student who is not receiving assistance under this title; (B) the policy provides for consistent application of standards to all students, including full-time, part-time, undergraduate, and graduate students, and all educational programs established by the institution; (C) (i) the policy specifies the grade point average that a student must achieve at each evaluation, or if a grade point average is not an appropriate qualitative measure, a comparable assessment measured against a norm; and (ii) if a student is enrolled in an educational program of more than 2 academic years, the policy specifies that at the end of the second academic year, the student must have a grade point average of at least a C or its equivalent, or have academic standing consistent with the institution’s requirements for graduation; (D) the policy provides for measurement of the student’s progress at each evaluation; (E) the policy describes— (i) how a student’s grade point average and the pace at which the student progresses toward completion are affected by course incompletes, withdrawals, or repetitions, or transfers of credit from other institutions, including that credit hours from another institution that are accepted toward the student’s educational program are counted as both attempted and completed hours; and (ii) how after a student reenrolls after the student’s satisfactory academic progress was reset pursuant to paragraph (3)(B), the student may have any credits that were earned before the student was determined not to be making satisfactory academic progress counted for purposes of determining progress when the student reenrolls, but any attempted hours that were not earned by the student (including incompletes, withdrawn courses, and failed courses) before the student was determined not to be making satisfactory academic progress will not negatively impact the determination of whether the student made satisfactory academic progress after such reset; (F) the policy provides that, except as provided in subparagraph (G) with respect to a student placed on financial aid warning or financial aid probation and paragraph (3), a student is no longer eligible to receive assistance under this title if the student has not achieved the required grade point average or who is not making progress toward completion in the student’s educational program— (i) at the time of each evaluation with respect to a student who is in an educational program of 2 academic years or less in length; or (ii) at the end of the second academic year with respect to a student who is in an educational program of more than 2 academic years in length; (G) the policy describes when students will be placed on financial aid warning or financial aid probation, in accordance with paragraph (4), and provides that— (i) a student on financial aid warning— (I) may receive assistance under the this title for one payment period despite a determination that the student is not making satisfactory academic progress; and (II) may be assigned such status without an appeal or other action by the student; and (ii) (I) a student on financial aid probation may receive assistance under this title for one payment period and the institution may require the student to fulfill specific terms and conditions, such as taking a reduced course load or enrolling in specific courses; and (II) at the end of such one payment period, the student is required to meet the institution’s satisfactory academic progress standards, or meet the requirements of the academic plan developed by the institution and the student, in order to qualify for continued assistance under this title; (H) if the institution permits a student to appeal a determination by the institution that the student is not making satisfactory academic progress, the policy describes— (i) how the student may reestablish the student’s eligibility to receive assistance under this title; (ii) the basis on which the student may file an appeal, including because of the death of a relative, an injury or illness of the student, or another special circumstance; and (iii) information the student is required to submit regarding why the student failed to make satisfactory academic progress, and what has changed in the student’s situation that will allow the student to demonstrate satisfactory academic progress at the next evaluation; (I) if the institution does not permit a student to appeal a determination by the institution that the student is not making satisfactory academic progress, the policy describes how the student may reestablish the student’s eligibility to receive assistance under this title; (J) the policy provides for notification to students of the results of an evaluation that impacts the student’s eligibility for assistance under this title; and (K) the policy does not impose satisfactory progress limitations on need-based institutional aid that are more stringent than the standard applied under this subsection without demonstrating to the Secretary the effectiveness of such limitations on improving student persistence in, and completion of, postsecondary study. (3) Regaining eligibility (A) Students who remain in school Whenever a student fails to meet the eligibility requirements of subsection (a)(2) as a result of the application of this subsection and, subsequent to that failure, the student has academic standing for any grading period consistent with the requirements for staying on track to graduate within 150 percent of the published length of the educational program, as determined by the institution, the student shall again be eligible under subsection (a)(2) for a grant, loan, or work assistance under this title, as long as the student maintains satisfactory academic progress under paragraph (2) beginning on and after the date that the student regains eligibility. (B) Students who leave school (i) In general If a student has not been enrolled in any institution of higher education for the immediately preceding 2 years, any previous failure to meet the eligibility requirements of subsection (a)(2) shall not be used in any determination of eligibility of such student under such subsection. Such student shall, on the date of enrollment subsequent to such 2-year period, have the student's eligibility for a grant, loan, or work assistance under this title reset and be deemed as meeting the requirements described in paragraph (2). Beginning on and after such date, the student's satisfactory academic progress shall be determined in accordance with paragraph (2)(E)(ii). (ii) Maximum number of resets A student shall be eligible for a reset of eligibility pursuant to this subparagraph not more than 2 times. (C) Duties of the Secretary The Secretary shall— (i) send, to each student who failed to meet the eligibility requirements of subsection (a)(2) and who has not regained eligibility for a grant, loan, or work assistance under subparagraph (A), a notice, two years after such failure, that includes— (I) a notification that, if the student has not been enrolled in any institution of higher education for the preceding two years and has not received two resets of eligibility under subparagraph (B), the student may use grant, loan, or work assistance under this title for enrollment at any eligible institution, including an institution other than the institution in which the student was previously enrolled; (II) a notification that, if the student has remained enrolled, or resumed enrollment, at an institution of higher education, the student may be eligible for a grant, loan, or work assistance under this title subject to the requirements of subparagraph (A); (III) information on how many semesters of eligibility for a grant, loan, or work assistance under this title to which the student still has access; and (IV) a notification that the student should ask any prospective eligible institution how many of the student’s previously completed credits the student would be able to transfer; and (ii) submit an annual report to Congress on the outcomes of students who have received a reset of eligibility pursuant to this paragraph, including— (I) the number of students who reenroll in an eligible institution after such reset, disaggregated by race or ethnicity, sex, age, socioeconomic status, and disability status; (II) the 250 eligible institutions with the highest numbers of enrolled students receiving grant, loan, or work assistance under this title after such a reset; (III) the 250 eligible institutions with the highest share of enrolled students receiving grant, loan, or work assistance under this title after such a reset; and (IV) the average completion rate and time to completion for students who reenroll in an eligible institution after such reset, disaggregated by institution. (4) Evaluation of academic progress (A) In general An institution that determines that a student is not making satisfactory academic progress under its policy may disburse funds provided through student financial assistance programs under this title (including work-study programs under subtitle C) to the student in accordance with subparagraphs (B), (C), and (D). (B) Payment period following not making satisfactory academic progress For the payment period following the payment period in which a student did not make satisfactory academic progress, the institution shall place the student on financial aid warning and disburse funds under this title to the student. (C) Payment period following financial aid warning For the payment period following a payment period during which a student was on financial aid warning, the institution may place the student on financial aid probation, and disburse funds under this title to the student if— (i) the institution evaluates the student’s progress and determines that student did not make satisfactory academic progress during the payment period the student was on financial aid warning; (ii) the student appeals the determination; and (iii) (I) the institution determines that the student should be able to meet the institution’s satisfactory academic progress standards by the end of the subsequent payment period; or (II) the institution develops an academic plan for the student that, if followed, will ensure that the student is able to meet the institution’s satisfactory academic progress standards by a specific point in time. (D) Payment period following financial aid probation A student on financial aid probation for a payment period may not receive funds under this title for the subsequent payment period unless the student makes satisfactory academic progress or the institution determines that the student met the requirements specified by the institution in the academic plan for the student developed under subparagraph (C)(iii)(II). (E) Frequency of academic progress evaluation and communication (i) In general Subject to clause (ii), for the purpose of determining whether presently enrolled students are maintaining satisfactory progress, each institution of higher education that enrolls students who receive any grant, loan, or work assistance under this title shall review the progress of such students at the end of each payment period. (ii) Shorter payment periods For each institution described in clause (i) that has payment periods that are shorter than on the semester system basis (such as on a quarterly or trimester system basis or by clock hour program or non-term program), such institution shall review the progress of presently enrolled students at the end of each semester or equivalent period of 12 to 18 weeks. (iii) Financial aid warning At the end of each payment period (or, in the case of an institution described in clause (ii), at the end of each semester or equivalent period), each institution shall send a financial aid warning to presently enrolled students that do not meet the grade point average requirement described in paragraph (2), or its equivalent or academic standing consistent with the requirements for graduation, as determined by the institution, that informs the students of their risk of being determined to not be maintaining satisfactory progress and therefore losing eligibility for grant, loan, or work assistance under this title and provides information on— (I) the specific criteria of the institution’s academic requirements that the student is not meeting and the specific improvements needed to meet the requirements; and (II) how to meet with the student’s academic advisor to get the academic support the student needs. (5) Detailing requirements to students Each institution of higher education that enrolls students who receive any grant, loan, or work assistance under this title shall detail the institution’s requirements regarding students maintaining satisfactory academic progress— (A) to such students before the students begin classes at the institution through a detailed communication that may be separate from a financial aid offer; and (B) on the financial aid webpage of the website of the institution. (6) Consumer testing The Secretary— (A) shall conduct consumer testing to develop exemplary practices and templates— (i) to support institutions of higher education in carrying out paragraph (5); and (ii) which shall be available as resources for institutions of higher education; and (B) shall not require the use of such practices and templates by institutions of higher education. . 10. Conforming amendments The Act ( 20 U.S.C. 1001 et seq. ) is amended— (1) in section 401A(d)(1)(B)(i) ( 20 U.S.C. 1070a–1(d)(1)(B)(i) ), by striking section 401(b)(2)(B) and inserting section 401(b)(2) ; (2) in section 402D(d)(1) ( 20 U.S.C. 1070a–14(d)(1) )— (A) by striking section 401(b)(2)(A) and inserting section 401(b)(1) ; and (B) by striking described in section 401(b)(4) and inserting as defined in section 401(a) ; (3) in section 435(a)(5)(A)(i)(I) ( 20 U.S.C. 1085(a)(5)(A)(i)(I) ), by striking under section 401(b)(2)(A) and inserting , as appropriate, under section 401(b)(2)(A) (as in effect on the day before the effective date under section 701(b) of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 )) or section 401(b)(1) ; (4) in section 485E(b)(1)(A) ( 20 U.S.C. 1092f(b)(1)(A) ), by striking section 401(b)(2)(A) and inserting section 401(b)(1) ; and (5) in section 894(f)(2)(C)(ii)(I) ( 20 U.S.C. 1161y(f)(2)(C)(ii)(I) ), by striking section 401(b)(2)(A) and inserting section 401(b)(1) . 11. Effective date Except as otherwise provided, the amendments made by this Act shall take effect and apply as if included in section 703 of the FAFSA Simplification Act and in accordance with section 701(b) of such Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2081is/xml/BILLS-117s2081is.xml |
117-s-2082 | II 117th CONGRESS 1st Session S. 2082 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Scott of South Carolina (for himself and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes.
1. Short title This Act may be cited as the Manufacturing API, Drugs, and Excipients in America Act or the MADE in America Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Health provisions Sec. 101. Report to Congress on barriers to domestic manufacturing of medical products. Sec. 102. Enhance intra-agency coordination and public health assessment with regard to compliance activities. Sec. 103. Reporting of mutual recognition agreements for inspections and review activities. Sec. 104. Enhancing transparency of drug facility inspection timelines. Sec. 105. Advanced manufacturing technologies program. TITLE II—Tax incentives to increase domestic pharmaceutical and medical device production Sec. 201. Credit for pharmaceutical and medical device production activities in distressed zones. I Health provisions 101. Report to Congress on barriers to domestic manufacturing of medical products (a) Report Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services, the Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representative (collectively referred to in this section as the Secretaries ) shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on barriers to domestic manufacturing of active pharmaceutical ingredients, finished drug products, and devices that are imported from outside of the United States. (b) Contents Such report shall— (1) identify factors that limit or otherwise discourage the domestic manufacturing of active pharmaceutical ingredients, drugs, and devices that are currently imported from outside of the United States, including any Federal, State, local, or Tribal laws that hinder domestic manufacturing opportunities; and (2) recommend specific strategies to overcome the challenges identified under paragraph (1), including strategies— (A) to develop effective incentives for domestic manufacturing; and (B) to make changes to laws or regulations that hinder domestic manufacturing opportunities. (c) Consultation In preparing the report under subsection (a), the Secretaries shall consult with— (1) the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Department of Defense, the Department of State, the Department of Veterans Affairs, the Department of Justice, and any other Federal agencies as appropriate; and (2) relevant stakeholders, including drug, device, and active pharmaceutical ingredient manufacturers, and other entities, as appropriate. (d) Definition In this section, the term active pharmaceutical ingredient has the meaning given to such term in section 207.1 of title 21, Code of Federal Regulations (or any successor regulations). (e) Publication The Secretary shall make the report under subsection (a) available on the public website of the Department of Health and Human Services. 102. Enhance intra-agency coordination and public health assessment with regard to compliance activities (a) Coordination Section 506D of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356d ) is amended by adding at the end the following: (g) Coordination The Secretary shall ensure timely and effective internal coordination and alignment among the field investigators of the Food and Drug Administration and the staff of the Center for Drug Evaluation and Research's Office of Compliance and Drug Shortage Program regarding the reviews of reports shared pursuant to section 704(b)(2), and any feedback or corrective or preventive actions in response to such reports. . (b) Reporting Section 506C–1(a)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c–1(a)(2) ) is amended to read as follows: (2) (A) describes the communication between the field investigators of the Food and Drug Administration and the staff of the Center for Drug Evaluation and Research’s Office of Compliance and Drug Shortage Program, including the Food and Drug Administration’s procedures for enabling and ensuring such communication; (B) provides the number of reports described in section 704(b)(2) that were required to be sent to the appropriate offices of the Food and Drug Administration with expertise regarding drug shortage and the number of such reports that were sent; and (C) describes the adoption and utilization of the approach described in section 506D(g); . (c) Applicability (1) Subsection (a) The amendment made by subsection (a) shall apply beginning on the date of enactment of this Act. (2) Subsection (b) The amendment made by subsection (b) shall apply beginning on the date that is 1 year after the date of enactment of this Act. 103. Reporting of mutual recognition agreements for inspections and review activities (a) In general Not later than the end of calendar year 2020, and annually thereafter, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall publish a report on the public website of the Food and Drug Administration on the utilization of agreements entered into pursuant to section 809 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 384e ) or otherwise entered into by the Secretary to recognize inspections between drug regulatory authorities across countries and international regions with analogous review criteria to the Food and Drug Administration, such as the Pharmaceutical Inspection Co-Operation Scheme, the Mutual Recognition Agreement with the European Union, and the Australia-Canada-Singapore-Switzerland Consortium, in the previous fiscal year. (b) Content The report under subsection (a) shall include each of the following: (1) The total number of establishments that are registered under section 510(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(i) ), and of such establishments, the number in each region of interest. (2) The total number of inspections conducted as described in subparagraphs (A) and (B) of paragraph (5) at establishments described in paragraph (1). (3) Of the inspections described in paragraph (2), the total number of inspections in each of region of interest. (4) Of the inspections in each region of interest reported pursuant to paragraph (3), the number of inspections in each FDA inspection category. (5) Of the number of inspections reported under each of paragraphs (3) and (4)— (A) the number of inspections which have been conducted pursuant to an agreement or other recognition described in subsection (a); and (B) the number of inspections which have been conducted by employees or contractors of the Food and Drug Administration. (c) Definitions In this subsection: (1) FDA inspection category The term FDA inspection category means the following inspection categories: (A) Inspections to support approvals of changes to the manufacturing process of drugs approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). (B) Good manufacturing practice surveillance inspections. (C) For-cause inspections. (2) Region of interest The term region of interest means China, India, the European Union, and any other geographic region as the Secretary determines appropriate. 104. Enhancing transparency of drug facility inspection timelines Section 902 of the FDA Reauthorization Act of 2017 ( 21 U.S.C. 355 note) is amended to read as follows: 902. Annual report on inspections Not later than March 1 of each year, the Secretary of Health and Human Services shall post on the public website of the Food and Drug Administration information related to inspections of facilities, including inspections that are necessary for approval of a drug under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ), approval of a device under section 515 of such Act ( 21 U.S.C. 360e ), or clearance of a device under section 510(k) of such Act ( 21 U.S.C. 360(k) ) that were conducted during the previous calendar year. Such information shall include the following: (1) The median time following a request from staff of the Food and Drug Administration reviewing an application or report to the beginning of the inspection, including— (A) the median time for drugs described in section 505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(11)(A)(i) ); (B) the median time for drugs described in section 506C(a) of such Act ( 21 U.S.C. 356c(a) ) only; and (C) the median time for drugs on the drug shortage list in effect under section 506E of such Act ( 21 U.S.C. 356f ). (2) The median time from the issuance of a report pursuant to section 704(b) of such Act ( 21 U.S.C. 374(b) ) to the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting for inspections for which the Secretary concluded that regulatory or enforcement action was indicated, including the median time for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1). (3) The median time from the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting to resolution of the actions indicated to address the conditions or practices observed during an inspection. (4) The number of facilities that were unable to implement requested corrective or preventive actions following a report pursuant to such section 704(b), resulting in a withhold recommendation, including the number of such times for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1). . 105. Advanced manufacturing technologies program Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following: 524B. Advanced manufacturing technologies program (a) In general Not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act , the Secretary shall continue in effect the programs to facilitate the development and review of an application under subsection (b) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act for a drug or biological product that is manufactured using one of more advanced manufacturing technologies that have been designated in accordance with subsection (b). (b) Designation The Secretary shall designate a method of manufacturing or development of a drug or biological product as an advanced manufacturing technology under this section if it incorporates a novel technology or uses an established technique or technology in a novel way that— (1) enhances drug quality; or (2) improves the flexibility, robustness, or efficiency of the manufacturing process to— (A) prevent or resolve a drug shortage; (B) reduce premarket development time; or (C) increase the supply of drugs described in paragraph (1) or (2) of section 506C(a) for national emergencies. (c) Consultation If the Secretary designates a method of manufacturing as an advanced manufacturing technology under this section, the Secretary shall take actions to expedite the development and implementation of such method of manufacture for purposes of approval of an application under subsection (c) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act, which may include, as appropriate, holding meetings between the sponsor of the application and appropriate Food and Drug Administration staff throughout the development of the drug of biological product using such advanced manufacturing technology. (d) Evaluation of an advanced manufacturing technology (1) Package A person who seeks designation of an advanced manufacturing technology under this section shall submit to the Secretary a package of scientific evidence supporting the implementation of the advanced manufacturing technology in a particular context-of-use. The Secretary shall assist with the development of such package by— (A) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and (B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. (2) Evaluation Within 90 days of receiving a package under paragraph (1), the Secretary shall determine whether a designated advanced manufacturing technology is validated for the proposed context of use based on the scientific merit the supporting evidence provided by the sponsor. (3) Effect of designation Upon designation of an advanced manufacturing technology, the holder of the advanced manufacturing technology designation, or a person the advanced manufacturing technology designation holder authorizes, may rely upon the advanced manufacturing technology for use across multiple manufacturing or product lines within the same context-of-use without having to re-submit data to the Secretary validating the underlying technology. (e) Implementation and reporting (1) Public meeting The Secretary shall publish in the Federal Register a notice of a public meeting, to be held not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act , to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the program under this section. (2) Program guidance The Secretary shall— (A) not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act , issue draft guidance regarding the goals and implementation of the program under this section; and (B) not later than 2 years after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act , issue final guidance with respect to the implementation of such program. (3) Report The Secretary shall make available on the public website of the Food and Drug Administration an annual report on the progress of the programs under this section. . II Tax incentives to increase domestic pharmaceutical and medical device production 201. Credit for pharmaceutical and medical device production activities in distressed zones (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Distressed zone pharmaceutical and medical device production credit (a) In general For purposes of section 38, the distressed zone pharmaceutical and medical device production credit for the taxable year shall be an amount equal to the applicable percentage of the qualified production activity expenditures of the taxpayer for the taxable year. (b) Applicable percentage For purposes of this section— (1) In general Except as provided in paragraph (2), the term applicable percentage means 25 percent. (2) Increased amount where employees reside in distressed zone In the case of any qualified pharmaceutical or medical device production business a substantial portion of the employees of which reside in a distressed zone, the applicable percentage shall be 30 percent. (c) Qualified production activity expenditures For purposes of this section— (1) In general The term qualified production activity expenditures means— (A) wages paid or incurred to an employee of the taxpayer for services performed by such employee in the conduct of a qualified pharmaceutical or diagnostic medical device production business in a distressed zone (but only if the employee’s principal place of employment is in a distressed zone), and (B) qualified pharmaceutical or medical device production expenditures. (2) Qualified pharmaceutical or medical device production business (A) In general The term qualified pharmaceutical or medical device production business means the trade or business of producing qualified pharmaceuticals in commercial quantities. (B) Qualified pharmaceuticals (i) In general The term qualified pharmaceuticals means pharmaceuticals, active pharmaceutical ingredients, excipients, medical diagnostic devices, or personal protective equipment. (ii) Pharmaceutical The term pharmaceuticals — (I) means any drug (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act); and (II) includes a biological product (as defined in section 351 of the Public Health Service Act). (iii) Active pharmaceutical ingredient The term active pharmaceutical ingredients has the meaning given to such term in section 207.1 of title 21, Code of Federal Regulations (or any successor regulations). (iv) Excipient The term excipient — (I) means any inactive ingredient that is intentionally added to a pharmaceutical that is not intended to exert therapeutic effects at the intended dosage, other than by acting to improve product delivery; and (II) includes any such filler, extenders, diluent, wetting agent, solvent, emulsifier, preservative, flavor, absorption enhancer, sustained release matrix, and coloring agent. (v) Medical diagnostic device The term medical diagnostic device means any device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) intended for use in the diagnosis of disease or other conditions. (vi) Personal protective equipment The term personal protective equipment means— (I) any device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) that is a face mask, filtering facepiece respirator, face shield, surgical mask, gown, other apparel, or glove that is intended for a medical purpose; and (II) any particulate filtering air purifying respiratory protective device that is approved by the National Institute for Occupational Safety and Health under part 84 of title 42, Code of Federal Regulations (or successor regulations). (3) Certain health plan expenses treated as wages (A) In general The term wages shall include so much of the eligible employer’s qualified health plan expenses as are properly allocable to such wages. (B) Qualified health plan expenses For purposes of this paragraph, the term qualified health plan expenses means amounts paid or incurred by the eligible employer to provide and maintain a group health plan (as defined in section 5000(b)(1)), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a) of such Code. (C) Allocation rules For purposes of this paragraph, qualified health plan expenses shall be allocated to qualified wages in such manner as the Secretary may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among employees and pro rata on the basis of periods of coverage (relative to the periods to which such wages relate). (4) Qualified pharmaceutical or medical device production expenditures (A) Definition The term qualified pharmaceutical or medical device production expenditures means amount paid or incurred (whether or not chargeable to capital account) for qualified property used in the conduct of a qualified pharmaceutical or medical device production business in a distressed zone (but only if the primary use of such property is in a distressed zone). (B) Qualified property (i) In general The term qualified property means any tangible personal property (other than a building or its structural components) used in the conduct of a qualified pharmaceutical or medical device production business in a distressed zone (but only if the primary use of such property is in a distressed zone). (ii) Exception Such term shall not include any property described in section 50(b) (determined as if the United States included Puerto Rico). (d) Distressed zone For purposes of this section, the term distressed zone means a population census tract— (1) which has been designated as a qualified opportunity zone under section 1400Z–1, and (2) which has a poverty rate in excess of 30 percent for the calendar year prior to the calendar year that includes the date of enactment of this section. (e) Special rules (1) Application to United States shareholders of controlled foreign corporations (A) In general In the case of a domestic corporation that is a United States shareholder of a qualified controlled foreign corporation, the credit under subsection (a) (determined without regard to this paragraph) shall be increased by an amount equal to 30 percent of the corporation’s pro rata share (determined under rules similar to the rules of section 951(a)(2)) of qualified production activity expenditures of such controlled foreign corporation for the taxable year of the qualified controlled foreign corporation ending with or within the taxable year of the domestic corporation. (B) Qualified corporation For purposes of subparagraph (A), the term qualified controlled foreign corporation means, for any taxable year, a controlled foreign corporation which does not have gross income that is effectively connected with the conduct of a trade or business within the United States for such taxable year . (2) Reduction in basis If a credit is determined under this section with respect to any property by reason of any qualified production activity expenditures described in subsection (b)(1)(B), the basis of such property shall be reduced by the amount of the credit so determined. (3) Coordination with other credits Any qualified production activity expenditures taken into account in determining the amount of the credit under subsection (a) shall not be taken into account in determining a credit under any other provision of this chapter. (f) Recapture (1) In general If, during any taxable year, property take into account under subsection (c)(1)(B) is disposed of, or otherwise ceases to be used by the taxpayer in the active trade or business of producing qualified pharmaceuticals in commercial quantities, before the close of the recapture period, then the tax under this chapter for such taxable year shall be increased by the recapture percentage of the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this section with respect to such property. (2) Recapture percentage For purposes of subparagraph (A), the recapture percentage shall be determined in the same manner as under section 50(a)(1)(B). (3) Application to United States shareholders In the case of any taxpayer to whom a credit is allowed by reason of subsection (e)(1), paragraph (1) shall be applied by substituting the controlled foreign corporation with respect to which the taxpayer is a United States shareholder for the taxpayer . (4) Application of other rules For purposes of this paragraph, rules similar to the rules of paragraphs (3), (4), and (5) (other than subparagraph (A) thereof) of section 50(a)(1) shall apply. . (b) Credit allowed against alternative minimum tax Section 38(c)(4)(B) of such Code is amended by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively, and by inserting after clause (ix) the following new clause: (x) the credit determined under section 45U, . (c) Credit allowed against base erosion anti-Abuse tax Section 59A(b)(1)(B)(ii) of such Code is amended by striking plus at the end of subclause (I), by redesignating subclause (II) as subclause (III), and by inserting after subclause (I) (as so amended) the following new subclause: (II) the credit allowed under section 38 for the taxable year which is properly allocable to the distressed zone pharmaceutical and medical device production credit determined under section 45U(a), plus . (d) Denial of deduction Section 280C of such Code is amended by adding at the end the following new subsection: (i) Distressed zone pharmaceutical and medical device production credit No deduction shall be allowed for that portion of the qualified production activity expenditures (as defined in section 45U(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the distressed zone pharmaceutical and medical device production credit determined for such taxable year under section 45U(a). . (e) Part of general business credit Section 38(b) of such Code is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the distressed zone pharmaceutical and medical device production credit determined under section 45U(a). . (f) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: Sec. 45U. Distressed zone pharmaceutical and medical device production credit. . (g) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2082is/xml/BILLS-117s2082is.xml |
117-s-2083 | II 117th CONGRESS 1st Session S. 2083 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Cornyn (for himself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To waive the requirement to undergo a medical exam for aliens who are otherwise eligible for special immigrant status under the Afghan Allies Protection Act of 2009, and for other purposes.
1. Short title This Act may be cited as the Honoring Our Promises through Expedition for Afghan SIVs Act of 2021 or the HOPE for Afghan SIVs Act of 2021 . 2. Waiver of medical exam for Afghan allies (a) Authorization The Secretary of State or the Secretary of Homeland Security may waive any requirement to undergo a medical exam under section 221(d) of the Immigration and Nationality Act ( 8 U.S.C. 1201(d) ), or any other applicable requirement to undergo a medical exam prior to admission to the United States, for aliens described in section 602(b)(2) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note). (b) Duration The waiver authorized under subsection (a) shall be for a period of 1 year, and may be extended for additional 1-year periods. (c) Requirement for medical exam after admission (1) In general The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall ensure that any alien who does not undergo a medical exam prior to admission to the United States pursuant to this section, receives such an exam as soon as possible after the alien is admitted to the United States in order to address any public health concern, but in no event later than 90 days after the alien is admitted to the United States. (2) Report On the date that is one year after the date on which the waiver authority under subsection (a) is exercised, and on the date that is one year after any extension under subsection (b), the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the medical exams given under paragraph (1). (d) Notification If the Secretary of State or the Secretary of Homeland Security exercises the waiver authority under subsection (a), or extends such a waiver under subsection (b), the Secretary shall notify the appropriate congressional committees. (e) Appropriate congressional committees The term appropriate congressional committees means— (1) the Committees on Armed Services of the House of Representatives and of the Senate; (2) the Committees on the Judiciary of the House of Representatives and of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and (4) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (f) Rule of construction Nothing in this Act may be construed to prevent the Secretary of State, the Secretary of Homeland Security, the Secretary of Defense, or the Secretary of Health and Human Services from adopting appropriate measures to prevent the spread of communicable diseases, including COVID–19, to the United States. (g) Sunset The authority under subsections (a) and (b) expires on the date that is 3 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2083is/xml/BILLS-117s2083is.xml |
117-s-2084 | II 117th CONGRESS 1st Session S. 2084 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To terminate the order requiring persons to wear masks while on conveyances and at transportation hubs.
1. Short title This Act may be cited as the Stop Mandating Additional Requirements for Travel Act or the SMART Act . 2. Revocation of CDC order Effective on July 4, 2021, the order issued on January 29, 2021, by the Centers for Disease Control and Prevention under section 361 of the Public Health Service Act ( 42 U.S.C. 264 ) establishing a requirement for persons to wear masks while on conveyances and at transportation hubs shall have no force or effect. | https://www.govinfo.gov/content/pkg/BILLS-117s2084is/xml/BILLS-117s2084is.xml |
117-s-2085 | II 117th CONGRESS 1st Session S. 2085 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Whitehouse (for himself, Mr. Schatz , Mr. Heinrich , Mrs. Gillibrand , Mr. Murphy , and Mr. Reed ) 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 carbon dioxide and other greenhouse gas and criteria air pollutant emission fees, provide rebates to low- and middle-income Americans, invest in fossil fuel communities and workers, invest in environmental justice communities, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Save Our Future Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Fees on Air Pollution Sec. 101. Carbon dioxide and other greenhouse gas emission fees. Sec. 102. Fees on criteria air pollutants. TITLE II—Returning fee revenue to the American people Sec. 201. Fee revenue rebates to individuals. Sec. 202. State-based cost mitigation grant program. TITLE III—Assistance to Energy Veterans and their Communities Sec. 301. Office of Energy Veterans Assistance. Sec. 302. Local revenue replenishment. Sec. 303. Environmental restoration. Sec. 304. Community assistance programs. TITLE IV—Assistance to Environmental Justice Communities Sec. 401. Assistance to Environmental Justice Communities. TITLE V—Other Provisions Sec. 501. Public disclosure of revenues and expenditures. Sec. 502. Severability. Sec. 503. Rule of construction. Sec. 504. Remedies preserved. I Fees on Air Pollution 101. Carbon dioxide and other greenhouse gas emission fees (a) In general Chapter 38 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subchapter: E Carbon Dioxide and Other Greenhouse Gas Emission Fees Sec. 4691. Fee for carbon dioxide emissions. Sec. 4692. Fee on fluorinated greenhouse gases. Sec. 4693. Fee on facilities that emit greenhouse gases from processes other than fossil fuel combustion. Sec. 4694. Methane and associated emissions from the fossil fuel supply chain. Sec. 4695. Border adjustments for energy-intensive manufactured goods. Sec. 4696. Definitions and other rules. 4691. Fee for carbon dioxide emissions (a) In general (1) Fossil fuel products producing carbon emissions There is hereby imposed a fee in an amount equal to the applicable amount at the rate specified in paragraph (2) on— (A) coal— (i) removed from any mine in the United States, or (ii) entered into the United States for consumption, use, or warehousing, (B) petroleum products— (i) removed from any refinery, (ii) removed from any terminal, or (iii) entered into the United States for consumption, use, or warehousing, and (C) natural gas— (i) delivered to an end user by any person required to submit form 176 of the Energy Information Administration (or a successor form), or (ii) sold in the United States by any processor not described in clause (i). (2) Rate The rate specified in this paragraph with respect to any product described in paragraph (1) is an amount equal to the applicable amount per ton of carbon dioxide that would be emitted through the combustion of such product, as determined by the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ). (b) Applicable amount (1) In general For purposes of this part, the applicable amount is— (A) for calendar year 2023, $54, and (B) subject to paragraph (3), for calendar year 2024 and any subsequent calendar year, the sum of— (i) the product of the amount in effect under this paragraph for the preceding calendar year and 106 percent, and (ii) the inflation adjustment amount determined under paragraph (2). (2) Inflation adjustment amount (A) In general The inflation adjustment amount for any calendar year shall be an amount (not less than zero) equal to the product of— (i) the amount in effect under paragraph (1) for the preceding calendar year, and (ii) the percentage by which the CPI for the preceding calendar year exceeds the CPI for the second preceding calendar year. (B) CPI Rules similar to the rules of paragraphs (4) and (5) of section 1(f) shall apply for purposes of this paragraph. (3) Environmental integrity mechanism (A) In general With respect to calendar year 2024 and any subsequent calendar year, the Secretary shall, not later than September 30 of each such year, make a determination based upon the report described in paragraph (5) with regard to whether the cumulative emissions for the applicable period exceeded the cumulative emissions target for such period. (B) Exceeding cumulative emissions target If the Secretary determines, pursuant to subparagraph (A), that the cumulative emissions for the applicable period exceeded the cumulative emissions target for such period, the applicable amount for the calendar year beginning after such determination shall be equal to the product of the amount otherwise in effect (without application of this paragraph) under paragraph (1)(B) for such calendar year and 105 percent. (C) Definitions In this paragraph: (i) Applicable period The term applicable period means, with respect to any determination made by the Secretary under this paragraph for any calendar year, the period— (I) beginning on January 1, 2023, and (II) ending on December 31 of the preceding calendar year. (ii) Cumulative emissions The term cumulative emissions means an amount equal to the sum of the net total anthropogenic greenhouse gas emissions and sinks for all years during the applicable period, as determined by the Administrator pursuant to paragraph (5). (iii) Cumulative emissions target The term cumulative emissions target means an amount equal to the sum of the annual emissions targets for all years during the applicable period. (iv) Annual emissions target The term annual emissions target means, with respect to any calendar year, an amount equal to the product of— (I) net total anthropogenic greenhouse gas emissions and sinks for 2019, as determined by the Administrator pursuant to paragraph (5) (to the extent the methodology under such paragraph is applicable), and (II) the applicable percentage for such year, as determined under paragraph (4). (4) Applicable percentage (A) 2023 In the case of calendar year 2023, the applicable percentage shall be 72 percent. (B) 2024 through 2035 In the case of calendar years 2024 through 2035, the applicable percentage shall be equal to— (i) the applicable percentage for the preceding year, minus (ii) 2 percentage points. (C) 2036 through 2050 In the case of calendar years 2036 through 2050, the applicable percentage shall be equal to— (i) the applicable percentage for the preceding year, minus (ii) 3.2 percentage points. (D) After 2050 In the case of any calendar year beginning after 2050, the applicable percentage shall be equal to zero. (5) Emissions reporting (A) In general Not later than September 30, 2024, and annually thereafter, the Administrator, in consultation with the Secretary, shall make available to the public a report on the cumulative emissions during the applicable period. (B) Methodology Not later than January 1, 2023, the Administrator shall prescribe rules for quantifying cumulative emissions under subparagraph (A), which shall— (i) to the greatest extent practicable, employ existing data sources and accepted greenhouse gas accounting practices, while also allowing for use of state-of-the-art techniques to measure or estimate sources and sinks of greenhouse gas emissions which are not subject to fees under this subchapter, as the Administrator deems appropriate to meet the goals of this subparagraph, (ii) subject to such penalties as are determined appropriate by the Administrator, require any entity subject to fees or refunds under this subchapter to report, not later than April 1 of each calendar year, the total quantity of greenhouse gas emissions subject to fees or refunds under this subchapter for which such entity was liable during the preceding calendar year, and (iii) require any information reported pursuant to clause (ii) to be verified by a third-party entity that, subject to such process as is determined appropriate by the Administrator, has been certified by the Administrator with respect to the qualifications, independence, and reliability of such entity. (C) Greenhouse Gas Reporting Program For purposes of establishing the rules described in subparagraph (B), the Administrator may elect to modify the activities of the Greenhouse Gas Reporting Program to satisfy the requirements described in clauses (i) through (iii) of such subparagraph. (6) Rounding The applicable amount under this subsection shall be rounded up to the next whole dollar amount. (c) Refunds for capturing carbon dioxide and production of certain goods (1) Carbon dioxide capture, utilization, and storage (A) In general In the case of a person who— (i) uses any coal, petroleum product, or natural gas for which a fee has been imposed under subsection (a)(1) in a manner which results in the emission of qualified carbon dioxide, (ii) captures the resulting emitted qualified carbon dioxide at a qualified facility which is owned by such person, and (iii) (I) disposes of such qualified carbon dioxide in secure storage in compliance with Treasury Decision 9944 (86 Fed. Reg. 4728), or (II) utilizes such qualified carbon dioxide in a manner provided in subparagraph (D), there shall be allowed a refund, in the same manner as if it were an overpayment of the fee imposed by such subsection, to such person in the amount determined under subparagraph (B). (B) Amount of refund The amount of the refund under this subparagraph is an amount equal to the product of— (i) the applicable amount under subsection (b) for the calendar year in which such qualified carbon dioxide was captured and disposed or utilized, and (ii) the adjusted tons of qualified carbon dioxide captured and disposed or utilized. (C) Adjusted total tons For purposes of subparagraph (B), the adjusted tons of qualified carbon dioxide captured and disposed or utilized shall be the total tons of qualified carbon dioxide captured and disposed or utilized reduced by the amount of any anticipated leakage of carbon dioxide into the atmosphere due to imperfect storage technology or otherwise, as determined by the Secretary in consultation with the Administrator of the Environmental Protection Agency. (D) Requirements (i) In general Any refund under subparagraph (A) shall apply only with respect to qualified carbon dioxide that has been captured and disposed or utilized within the United States. (ii) Recapture The Secretary shall, by regulations, provide for recapturing the benefit of any refund made under subparagraph (A) with respect to any qualified carbon dioxide which is disposed in secure storage and ceases to be stored in a manner consistent with the requirements of this section. (iii) Utilization The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall establish regulations providing for the appropriate methods and manners for the utilization of qualified carbon dioxide under subparagraph (A)(iii)(II), including the utilization of captured carbon dioxide for the production of substances such as plastics and chemicals. Such regulations shall provide for the minimization of the escape or further emission of the qualified carbon dioxide into the atmosphere. (iv) Exception No refund shall be allowed under this paragraph with respect to any carbon dioxide which is utilized in— (I) enhanced oil or gas recovery, or (II) the production of fuels or any other substance which will be combusted or otherwise release greenhouse gases into the atmosphere. (E) Qualified carbon dioxide; qualified facility For purposes of this paragraph— (i) Qualified carbon dioxide (I) In general The term qualified carbon dioxide means carbon dioxide captured from an industrial source which— (aa) would otherwise be released into the atmosphere as industrial emission of greenhouse gas, and (bb) is measured at the source of capture and verified at the point of disposal, injection, or utilization. (II) Recycled carbon dioxide The term qualified carbon dioxide includes the initial deposit of captured carbon dioxide used as a tertiary injectant. Such term does not include carbon dioxide that is recaptured, recycled, and re-injected as part of the enhanced oil and natural gas recovery process. (ii) Qualified facility The term qualified facility means any industrial facility at which carbon capture equipment is placed in service. (2) Manufacture of certain goods (A) In general In the case of a person who uses any coal, petroleum product, or natural gas for which a fee has been imposed under subsection (a)(1) as an input for a manufactured good (other than a product described in subparagraph (B)) that encapsulates any of the carbon dioxide that would have otherwise been emitted through combustion of such coal, petroleum product, or gas in a manner such that it does not result in the direct emission of carbon dioxide in the manufacturing or subsequent use of such good, a refund shall be allowed to such person in the same manner as if it were an overpayment of the fee imposed by such section in an amount that is equal to the product of— (i) an amount equal to the applicable amount under subsection (b) for the calendar year in which such good was produced, and (ii) the total tons of carbon dioxide that would have otherwise been emitted through the combustion of such coal, petroleum product, or gas. (B) Exclusion The products described in this subparagraph are— (i) single-use plastic products (as defined in section 4696(a)(8)), and (ii) products which are commonly disposed of through incineration with a resulting release of carbon dioxide (as identified by the Secretary, in consultation with the Administrator of the Environmental Protection Agency). (3) Exports In the case of a person who exports any coal, petroleum product, or natural gas from the United States for which a fee has been imposed under subsection (a)(1), a refund shall be allowed to such person in the same manner as if it were an overpayment of the fee imposed by such section in an amount that is equal to the fee previously imposed under such subsection with respect to such product (determined without regard to any increase under section 4694). 4692. Fee on fluorinated greenhouse gases (a) In general There is hereby imposed a fee in an amount determined under subsection (b) on fluorinated greenhouse gases— (1) produced at a fluorinated greenhouse gas production facility, or (2) imported into the United States by a fluorinated greenhouse gas importer. (b) Amount of fee The amount of fee imposed by subsection (a) shall be equal to the applicable percentage (as defined in subsection (c)(4)) of the applicable amount determined under section 4691(b) per ton of carbon dioxide equivalent produced or imported. (c) Definitions For purposes of this section— (1) Fluorinated greenhouse gases The term fluorinated greenhouse gases means sulfur hexafluoride (SF6), nitrogen trifluoride (NF3), any hydrofluorocarbon, any perfluorocarbon, any fully fluorinated linear, branched or cyclic alkane, ether, tertiary amine or aminoether, any perfluoropolyether, any hydrofluoropolyether, and any other fluorocarbon except for substances with vapor pressures of less than 1 mm of Hg absolute at 25 degrees Celsius. (2) Fluorinated greenhouse gas production facility The term fluorinated greenhouse gas production facility means any facility which is included under the industrial gas supplier source category under subpart OO of part 98 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the Save Our Future Act . (3) Fluorinated greenhouse gas importer The term fluorinated greenhouse gas importer means any importer who is included under— (A) the industrial gas supplier source category under subpart OO of part 98 of title 40, Code of Regulations, as in effect on the date of the enactment of the Save Our Future Act , or (B) the source category under subpart QQ of such part (as so in effect). (4) Applicable percentage The term applicable percentage means the percentage determined in accordance with the following table: In the case of any taxable year beginning in calendar year: The applicable percentage is: 2023 10 percent 2024 20 percent 2025 30 percent 2026 40 percent 2027 50 percent 2028 60 percent 2029 70 percent 2030 80 percent 2031 90 percent 2032 or thereafter 100 percent. (d) Exemption for exports For purposes of determining fluorinated greenhouse gases produced or imported under subsection (a), there shall not be taken into account any fluorinated greenhouse gases exported from the United States in bulk or exported from the United States in equipment pre-charged with fluorinated greenhouse gases or containing fluorinated greenhouse gases in closed cell foams. (e) Refund for consumptive uses and destruction In the case of a person who uses any fluorinated greenhouse gas for which a fee has been imposed under paragraph (1) or (2) of subsection (a) as an input for a manufactured good that transforms the fluorinated greenhouse gas such that it cannot later be emitted or otherwise destroys the gas (without emissions), a refund shall be allowed to such person in the same manner as if it were an overpayment of the fee imposed by such subsection in an amount that is equal to the product of— (1) an amount equal to the applicable percentage (as defined in subsection (c)(4)) of the applicable amount under section 4691(b), for the calendar year in which such fluorinated greenhouse gas was used or destroyed, and (2) the excess (if any) of— (A) the total carbon dioxide equivalent of the fluorinated greenhouse gases used or destroyed, over (B) the total carbon dioxide equivalent of any fluorinated greenhouse gases created as the result of the transformation or destruction process. 4693. Fee on facilities that emit greenhouse gases from processes other than fossil fuel combustion (a) In general There is hereby imposed a fee in an amount equal to the product of the applicable amount determined under section 4691(b) and the total tons of carbon dioxide equivalent emissions from any facility which— (1) is required to report emissions (or which would be required to report emissions notwithstanding any other provision of law prohibiting the implementation of or use of funds for such requirements), or to which emissions are attributed, under part 98 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the Save Our Future Act , and (2) emitted during the previous calendar year greenhouse gases other than through the production or combustion of coal, petroleum products, and natural gas. (b) Exclusion This section shall not apply with respect to any greenhouse gases— (1) which are emitted by any agricultural entity from the growing of crops or the raising of livestock, or (2) if such greenhouse gases are subject to a fee under section 4694. 4694. Methane and associated emissions from the fossil fuel supply chain (a) Reporting program (1) In general Not later than January 1, 2022, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Administrator of the Energy Information Administration, and the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall establish and implement a program to identify all major source categories of associated emissions and collect data on associated emissions from the coal, petroleum products, and natural gas supply chains. (2) Annual report Not later than 12 months after the date that the Secretary implements the program described in paragraph (1), and annually thereafter, the Secretary shall issue a report, to be made available to the public and the appropriate committees of Congress, on associated emissions, including— (A) identification of all major source categories of associated emissions, and (B) the total amount, expressed in tons of carbon dioxide equivalent, of— (i) methane and other greenhouse gases emitted across the coal supply chain within the United States during the preceding calendar year, (ii) methane and other greenhouse gases emitted across the petroleum products supply chain within the United States during the preceding calendar year, and (iii) methane and other greenhouse gases emitted across the natural gas supply chain within the United States during the preceding calendar year. (b) Supplementary fee for methane and associated emissions (1) Coal (A) In general In the case of any calendar year beginning after calendar year 2022, all coal mine operators shall report their total annual methane and other associated emissions to the Secretary and the Administrator of the Environmental Protection Agency (referred to in this subsection as the Administrator ), consistent with the methodology and requirements of the Greenhouse Gas Reporting Program of the Environmental Protection Agency (referred to in this subsection as the Program ). (B) Deadline Each annual report under subparagraph (A) shall be filed not later than March 31 of the calendar year following the calendar year covered by the report. (C) Requirement The Administrator shall develop a reporting methodology for any coal mines not required as of the date of enactment of this section to report emissions under the Program. (D) Fee Not later than 90 days after the date on which a coal mine operator submits a report under subparagraph (A), the Secretary shall impose a fee on the operator in an amount equal to the product obtained by multiplying— (i) the applicable amount determined under section 4691(b) per ton of carbon dioxide equivalent; and (ii) the total carbon dioxide equivalent tons of methane and other associated emissions reported by the operator in the report. (2) Petroleum products (A) In general In the case of any calendar year beginning after calendar year 2022, all oil well operators and other entities in the petroleum products supply chain required to report under the Program shall report their total annual methane and other associated emissions to the Secretary and the Administrator, consistent with the methodology and requirements of the Program. (B) Inclusion Each annual report under subparagraph (A) shall include emissions from low frequency, high emission events. (C) Deadline Each annual report under subparagraph (A) shall be filed not later than March 31 of the calendar year following the calendar year covered by the report. (D) Requirement The Administrator shall develop a reporting methodology for— (i) any smaller oil well operators not required as of the date of enactment of this section to report emissions under the Program; and (ii) low frequency, high emission events. (E) Fee Not later than 90 days after the date on which an oil well operator or other entity submits a report under subparagraph (A), the Secretary shall impose a fee on the operator or entity in an amount equal to the product obtained by multiplying— (i) the applicable amount determined under section 4691(b) per ton of carbon dioxide equivalent; and (ii) the total carbon dioxide equivalent tons of methane and other associated emissions reported by the operator or entity in the report. (3) Natural gas (A) In general In the case of any calendar year beginning after calendar year 2022, all gas well operators and other entities in the natural gas supply chain required to report under the Program shall report their total annual methane and other associated emissions to the Secretary and the Administrator, consistent with the methodology and requirements of the Program. (B) Inclusion Each annual report under subparagraph (A) shall include emissions from low frequency, high emission events. (C) Deadline Each annual report under subparagraph (A) shall be filed not later than March 31 of the calendar year following the calendar year covered by the report. (D) Requirement The Administrator shall develop a reporting methodology for— (i) any smaller gas well operators not required as of the date of enactment of this section to report emissions under the Program; and (ii) low frequency, high emission events. (E) Fee Not later than 90 days after the date on which a gas well operator or other entity submits a report under subparagraph (A), the Secretary shall impose a fee on the operator or other entity in an amount equal to the product obtained by multiplying— (i) the applicable amount determined under section 4691(b) per ton of carbon dioxide equivalent; and (ii) the total carbon dioxide equivalent tons of methane and other associated emissions reported by the operator or entity in the report. (4) Imports (A) In general In the case of any calendar year beginning after 2022, the fee imposed under section 4691(a)(1) with respect to any coal, petroleum product, or natural gas imported into the United States (referred to in this paragraph as the applicable product ) shall be increased by the amount determined by the Secretary (in consultation with the Administrator of the Environmental Protection Agency) necessary to ensure that the total fees collected under such section with respect to such applicable product are equal to the total amount of such fees that would be collected on such applicable product if the fee imposed under section 4691(a)(1) also applied to the carbon-dioxide equivalent of the average amount of methane and other associated emissions emitted in the production of such applicable product (using a country-of-origin industry average, as determined by the Secretary in consultation with the Administrator of the Environmental Protection Agency). (B) Election If an importer elects to provide reliable data (as determined by the Secretary based upon the most recent calendar year for which such data is available, which may not be for any year beginning more than 3 years prior to importation) demonstrating the average actual methane and other associated emissions generated per unit of production of the applicable product, the fee imposed under section 4691(a)(1) with respect such applicable product imported into the United States shall be increased by the amount determined by the Secretary (in consultation with the Administrator of the Environmental Protection Agency) necessary to ensure that the total fees collected under such section with respect to such applicable product are equal to the total amount of such fees that would be collected on such applicable product if the fee imposed under section 4691(a)(1) also applied to the carbon-dioxide equivalent of the actual average amount of methane and other associated emissions emitted in the production of such applicable product. 4695. Border adjustments for energy-intensive manufactured goods (a) Purpose The purpose of this section is to ensure the environmental effectiveness of this subchapter. (b) Exports (1) In general In the case of any energy-intensive manufactured good which is exported from the United States and which is manufactured after December 31, 2022, the Secretary shall pay to the person exporting such good a refund equal to the amount of the cost of such good attributable to any fees imposed under this subchapter related to the manufacturing of such energy-intensive manufactured good (as determined under regulations established by the Secretary). (2) Determination of refund The amount of the refund under paragraph (1) shall be determined based on the average amount of the cost of such good, as produced by the domestic manufacturer, which is attributable to any fees imposed under this subchapter. (c) Imports (1) Imposition of equivalency fee (A) In general In the case of any energy-intensive manufactured good imported into the United States after December 31, 2022, there is imposed an equivalency fee on the person importing such good in an amount equal to the amount determined under subparagraph (B) (as determined under regulations established by the Secretary). (B) Determination of fee (i) In general Subject to clause (ii), the amount of the equivalency fee under subparagraph (A) shall be an amount equal to the product of— (I) the amount of any fees that would be imposed under this subchapter if the energy-intensive manufactured good was manufactured in the United States, multiplied by (II) an amount equal to the quotient of— (aa) the average economy-wide carbon intensity of the country in which such good was produced (as determined by the Secretary based upon the most recent year for which reliable data is available), divided by (bb) the average economy-wide carbon intensity of the United States (as so determined). (ii) Alternative calculations (I) Industry-specific data In the case of any energy-intensive manufactured good for which reliable industry-specific data is available (as determined by the Secretary), the amount of the equivalency fee under subparagraph (A) shall be an amount equal to the amount determined under clause (i) for such good, as determined by substituting industry-specific for economy-wide each place it appears. (II) Election In the case of any energy-intensive manufactured good for which the importer of such good elects application of this subclause and provides reliable data (as determined by the Secretary based upon the most recent calendar year for which such data is available, which may not be for any year beginning more than 3 years prior to importation), the amount of the equivalency fee under subparagraph (A) shall be an amount equal to the product of— (aa) the amount of any fees that would be imposed under this subchapter if the energy-intensive manufactured good was manufactured in the United States, multiplied by (bb) an amount equal to the quotient of— (AA) the total amount of greenhouse gas emissions related to the production of such good and any similar goods by the manufacturer and any parent company, subsidiary, or affiliate of such manufacturer during such calendar year, divided by (BB) the total number of such goods which were produced by the manufacturer and any parent company, subsidiary, or affiliate of such manufacturer during such calendar year. (2) Reduction in fee The amount of the equivalency fee under paragraph (1) shall be reduced by the amount, if any, of any carbon-based fees imposed on such energy-intensive manufactured goods by the foreign nation or governmental units from which such good was imported. (d) Treatment of alternative policies as fees Under regulations established by the Secretary, foreign policies that place an indirect price on carbon through various credit or emissions trading regimes shall be treated as fees for purposes of subsection (c)(2). (e) Regulatory authority (1) In general The Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Commerce, and the United States Trade Representative, in establishing rules and regulations implementing the purposes of this section. (2) Treaties The Secretary, in consultation with the Secretary of State, may adjust the applicable amounts of the refunds and equivalency fees under this section in a manner that is consistent with any obligations of the United States under an international agreement, provided that any such adjustment does not undermine the purpose of this section to prevent carbon leakage to foreign countries or result in harm to domestic manufacturers. 4696. Definitions and other rules (a) Definitions For purposes of this subchapter: (1) Associated emissions The term associated emissions means greenhouse gas emissions attributable to venting, flaring, and leakage across the supply chain or any other incidental process. (2) Carbon dioxide equivalent (A) In general Subject to subparagraph (B), the term carbon dioxide equivalent means, with respect to a greenhouse gas, the quantity of such gas that has a global warming potential equivalent to 1 metric ton of carbon dioxide, as determined pursuant to table A–1 of subpart A of part 98 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the Save Our Future Act . (B) Exception In the case of methane, the term carbon dioxide equivalent means the quantity of methane that has the same global warming potential over a 20-year period as 1 metric ton of carbon dioxide, as determined in accordance with the Fourth Assessment Report of the Intergovernmental Panel on Climate Change. (3) Coal The term coal has the same meaning given such term under section 48A(c)(4). (4) Energy-intensive manufactured good (A) In general The term energy-intensive manufactured good means any manufactured good (other than any petroleum product or fossil fuel) for which not less than 5 percent of the cost of which is attributable to energy costs, as determined by the Secretary. (B) List of energy-intensive manufactured goods (i) Initial list Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish a list of goods which qualify as energy-intensive manufactured goods. (ii) Updates Not less frequently than annually, the Secretary shall update the list published under this subparagraph. (5) Greenhouse gas The term greenhouse gas has the meaning given such term under section 211(o)(1)(G) of the Clean Air Act, as in effect on the date of the enactment of the Save Our Future Act . (6) Natural gas The term natural gas means— (A) any product described in section 613A(e)(2), and (B) any natural gas liquids produced during natural gas extraction, including ethane, propane, normal butane, isobutene, pentanes, and other hydrocarbons. (7) Petroleum product The term petroleum product has the same meaning given such product under section 4612(a)(3) and shall include any natural gas liquids produced during crude oil extraction, including ethane, propane, normal butane, isobutene, pentanes, and other hydrocarbons. (8) Single-use plastic product The term single-use plastic product means any plastic product that is routinely disposed of after a single use (including plastic packaging, film, cups, cutlery, straws, and bags), unless such product is designed to be used solely for medical purposes. (9) Supply chain The term supply chain means extraction and processing of coal and natural gas, extraction and refining of petroleum products, and the transmission, transport, storage, distribution, import, export, and other activities related to supplying coal, petroleum products, and natural gas to a consumer, not otherwise covered elsewhere in this subchapter as determined by the Administrator of the Environmental Protection Agency. (10) Ton (A) In general The term ton means 1,000 kilograms. In the case of any greenhouse gas which is a gas, the term ton means the amount of such gas in cubic meters which is the equivalent of 1,000 kilograms on a molecular weight basis. (B) Fractional part of ton In the case of a fraction of a ton, any fee imposed by this subchapter on such fraction shall be the same fraction of the amount of such fee imposed on a whole ton. (11) United States The term United States has the meaning given such term by section 4612(a)(4). (b) Other rules (1) Assessment and collection Payment of the fee imposed by sections 4691, 4692, and 4693 shall be assessed and collected in the same manner as taxes under this subtitle. (2) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this subchapter. . (b) Clerical amendment The table of subchapters for chapter 38 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Subchapter E—Carbon Dioxide and Other Greenhouse Gas Emission Fees . (c) Effective date The amendments made by this section shall apply to periods beginning after December 31, 2022. 102. Fees on criteria air pollutants (a) Definitions In this section: (1) Administrator The term Administrator means Administrator of the Environmental Protection Agency. (2) Community of color The term community of color means a census tract in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the census tract is located, or in which the cumulative population of 2 or more of the following categories is higher than the State average population of those 2 or more categories: (A) Black. (B) African American. (C) Asian. (D) Native American. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (3) Criteria air pollutant The term criteria air pollutant is within the meaning of the Clean Air Act ( 42 U.S.C. 7401 et seq. ). (4) Environmental justice community The term environmental justice community means— (A) a community of color; (B) a low-income community; and (C) a Tribal or indigenous community. (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) Low-income community The term low-income community means a census tract in which— (A) the poverty rate is at least 20 percent; or (B) the median family income does not exceed— (i) if the census tract is not located within a metropolitan area, 80 percent of the statewide median income; or (ii) if the census tract is located within a metropolitan area, 80 percent of the greater of— (I) the statewide median income; and (II) the median income of the metropolitan area. (7) Major source The term major source has the meaning given the term in section 501 of the Clean Air Act ( 42 U.S.C. 7661 ). (8) Native American The term Native American means— (A) an Indian (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (B) a native Hawaiian (as defined in section 201(a) of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42)); (C) a Native (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); and (D) a Native American Pacific Islander (as defined in section 815 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992c )). (9) Secretary The term Secretary means the Secretary of the Treasury. (10) Tribal or indigenous community The term Tribal or indigenous community refers to a population of individuals who are members of— (A) an Indian Tribe; (B) an Alaska Native or Native Hawaiian community or organization; or (C) any other community of indigenous people located in a State. (b) Monitoring requirement Beginning on January 1, 2023, the owner or operator of each major source shall ensure that the major source has continuous emission monitoring systems installed that are capable of volumetric monitoring of all emissions of criteria air pollutants from smoke stacks and exhaust outlets of the major source. (c) Reporting requirement (1) Major sources (A) In general The owner or operator of each major source shall submit to the Administrator on a monthly basis all data collected by the continuous emission monitoring system for that major source required under subsection (b) with respect to each criteria air pollutant. (B) Certification When submitting data under subparagraph (A), the owner or operator shall certify to the Administrator that the data being submitted are correct. (C) Civil penalty (i) Failure to report An owner or operator that is required to submit data under subparagraph (A) for a month that fails to do so by the 5th day of the month after the month for which data are required to be submitted shall be assessed a fine of $20,000 for each day until the required data are submitted. (ii) False data An owner or operator that is required to submit data under subparagraph (A) for a month that knowingly submits to the Administrator false data shall be assessed a fine of $10,000,000. (2) Public availability Not later than 30 days after the date on which the Administrator receives data submitted under paragraph (1), the Administrator shall make the data publicly available on a website of the Administrator. (3) Transfer of data The Administrator shall transfer the data submitted under paragraph (1) to the Secretary for the purpose of carrying out subsection (d). (d) Annual emissions fee (1) In general Beginning in calendar year 2024, the Secretary shall assess from the owner or operator of each major source within an environmental justice community or within 1 mile of an environmental justice community an annual emissions fee. (2) Fee amount Subject to paragraph (3), the annual emissions fee for a major source under paragraph (1) shall be in an amount equal to the sum of— (A) the amount obtained by multiplying— (i) the quantity, in pounds, of oxides of nitrogen emitted by the major source during the previous calendar year, as determined using the data submitted to the Administrator under subsection (c); and (ii) $6.30; (B) the amount obtained by multiplying— (i) the quantity, in pounds, of PM 2.5 emitted by the major source during the previous calendar year, as determined using the data submitted to the Administrator under subsection (c); and (ii) $38.90; and (C) the amount obtained by multiplying— (i) the quantity, in pounds, of sulfur dioxide emitted by the major source during the previous calendar year, as determined using the data submitted to the Administrator under subsection (c); and (ii) $18.00. (3) Inflation adjustment Beginning in calendar year 2025 and for each calendar year thereafter, the Secretary shall adjust the amounts described in subparagraphs (A)(ii), (B)(ii), and (C)(ii) of paragraph (2) to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (e) Report Not later than January 1, 2028, the Secretary, in conjunction with the Administrator, shall submit to Congress and make public a report that assesses the effect of this Act, and the amendments made by this Act, on— (1) greenhouse gas emissions; (2) emissions of criteria air pollutants; and (3) public health, with a particular emphasis on evaluating the effects on air quality in environmental justice communities. II Returning fee revenue to the American people 201. Fee revenue rebates to individuals (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6428B the following new section: 6428C. Fee revenue rebates to individuals (a) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the rebate amount determined for such taxable year. (b) Rebate amount For purposes of this section, the term rebate amount means, with respect to any taxpayer for any taxable year, the sum of— (1) $800 ($1,600 in the case of a joint return), plus (2) $300 multiplied by the number of dependents of the taxpayer for such taxable year. (c) Eligible individual For purposes of this section, the term eligible individual means any individual other than— (1) any nonresident alien individual, (2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and (3) an estate or trust. (d) Limitation based on adjusted gross income (1) In general The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (f)) shall be reduced (but not below zero) by the amount which bears the same ratio to such credit (as so determined) as— (A) the excess of— (i) the taxpayer’s adjusted gross income for such taxable year, over (ii) $75,000, bears to (B) $5,000. (2) Special rules (A) Joint return or surviving spouse In the case of a joint return or a surviving spouse (as defined in section 2(a)), paragraph (1) shall be applied by substituting $150,000 for $75,000 and $10,000 for $5,000 . (B) Head of household In the case of a head of household (as defined in section 2(b)), paragraph (1) shall be applied by substituting $112,500 for $75,000 and $7,500 for $5,000 . (e) Definitions and special rules (1) Dependent defined For purposes of this section, the term dependent has the meaning given such term by section 152. (2) Identification number requirement (A) In general In the case of a return other than a joint return, the $800 amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year. (B) Joint returns In the case of a joint return, the $1,600 amount in subsection (b)(1) shall be treated as being— (i) $800 if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and (ii) zero if the valid identification number of neither spouse is so included. (C) Dependents A dependent shall not be taken into account under subsection (b)(2) unless the valid identification number of such dependent is included on the return of tax for the taxable year. (D) Valid identification number (i) In general For purposes of this paragraph, the term valid identification number means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. (ii) Adoption taxpayer identification number For purposes of subparagraph (C), in the case of a dependent who is adopted or placed for adoption, the term valid identification number shall include the adoption taxpayer identification number of such dependent. (E) Special rule for members of the Armed Forces Subparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year. (F) Coordination with certain advance payments In the case of any payment determined pursuant to subsection (g)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer’s return of tax if such valid identification number is available to the Secretary as described in such subsection. (G) Mathematical or clerical error authority Any omission of a correct valid identification number required under this paragraph shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. (3) Credit treated as refundable The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. (4) Inflation adjustment (A) In general In the case of a taxable year beginning after 2023, the dollar amounts in subsection (b) and (d) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any amount as increased under subparagraph (A) is not a multiple of $1, such amount shall be rounded to the nearest whole dollar amount. (f) Coordination with advance refunds of credit (1) Reduction of refundable credit The amount of the credit which would (but for this paragraph) be allowable under subsection (a) shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer (or, except as otherwise provided by the Secretary, any dependent of the taxpayer) under subsection (g). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). (2) Joint returns Except as otherwise provided by the Secretary, in the case of a refund or credit made or allowed under subsection (g) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. (g) Advance refunds and credits (1) In general Subject to paragraphs (5) and (6), each individual who was an eligible individual for such individual’s first taxable year beginning in the calendar year which began 2 years prior to the beginning of the taxable year described in subsection (a) shall be treated as having made a payment against the tax imposed by chapter 1 for such taxable year in an amount equal to the advance refund amount for such taxable year. (2) Advance refund amount (A) In general For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such taxable year if this section (other than subsection (f) and this subsection) had applied to such taxable year. (B) Treatment of deceased individuals For purposes of determining the advance refund amount with respect to such taxable year— (i) any individual who was deceased before the beginning of the taxable year described in subsection (a) shall be treated for purposes of applying subsection (e)(2) in the same manner as if the valid identification number of such person was not included on the return of tax for such taxable year (except that subparagraph (E) thereof shall not apply), (ii) notwithstanding clause (i), in the case of a joint return with respect to which only 1 spouse is deceased before the beginning of the taxable year described in subsection (a), such deceased spouse was a member of the Armed Forces of the United States at any time during the taxable year, and the valid identification number of such deceased spouse is included on the return of tax for the taxable year, the valid identification number of 1 (and only 1) spouse shall be treated as included on the return of tax for the taxable year for purposes of applying subsection (e)(2)(B) with respect to such joint return, and (iii) no amount shall be determined under subsection (e)(2) with respect to any dependent of the taxpayer if the taxpayer (both spouses in the case of a joint return) was deceased before the beginning of the taxable year described in subsection (a). (3) Timing and manner of payments (A) Timing The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this subsection in the manner described in subparagraph (D). No refund or credit shall be made or allowed under this subsection after the end of the taxable year described in subsection (a). (B) Delivery of payments Notwithstanding any other provision of law, the Secretary may certify and disburse refunds payable under this subsection electronically to— (i) any account to which the payee received or authorized, on or after January 1 of the calendar year described in paragraph (1), a refund of taxes under this title or of a Federal payment (as defined in section 3332 of title 31, United States Code), (ii) any account belonging to a payee from which that individual, on or after January 1 of the calendar year described in paragraph (1), made a payment of taxes under this title, or (iii) any Treasury-sponsored account (as defined in section 208.2 of title 31, Code of Federal Regulations). (C) Waiver of certain rules Notwithstanding section 3325 of title 31, United States Code, or any other provision of law, with respect to any payment of a refund under this subsection, a disbursing official in the executive branch of the United States Government may modify payment information received from an officer or employee described in section 3325(a)(1)(B) of such title for the purpose of facilitating the accurate and efficient delivery of such payment. Except in cases of fraud or reckless neglect, no liability under section 3325, 3527, 3528, or 3529 of title 31, United States Code, shall be imposed with respect to payments made under this subparagraph. (D) Payment schedule With respect to any refund payable under this subsection for any taxable year, the Secretary shall make 2 payments, each equal to 50 percent of such refund, to the payee— (i) for the first payment, not later than 30 days before the beginning of such taxable year, and (ii) for the second payment, not later than 180 days after disbursement of the payment described in clause (i). (4) No interest No interest shall be allowed on any overpayment attributable to this subsection. (5) Application to certain individuals who have not filed a recent return of tax at time of determination (A) In general In the case of any individual who, at the time of any determination made pursuant to paragraph (3), has filed a tax return for neither the year described in paragraph (1) nor for the subsequent year, the Secretary may apply paragraph (1) on the basis of information available to the Secretary and, on the basis of such information, may determine the advance refund amount with respect to such individual without regard to subsection (d). (B) Payment to representative payees and fiduciaries In the case of any payment determined pursuant to subparagraph (A), such payment may be made to an individual or organization serving as the eligible individual’s representative payee or fiduciary for a federal benefit program and the entire amount of such payment so made shall be used only for the benefit of the individual who is entitled to the payment. (6) Special rule related to time of filing return Solely for purposes of this subsection, a return of tax shall not be treated as filed until such return has been processed by the Internal Revenue Service. (7) Notice to taxpayer As soon as practicable after the date on which the Secretary distributed any payment to an eligible taxpayer pursuant to this subsection, notice shall be sent by mail to such taxpayer's last known address. Such notice shall indicate the method by which such payment was made, the amount of such payment, a phone number for an appropriate point of contact at the Internal Revenue Service to report any error with respect to such payment, and such other information as the Secretary determines appropriate. (h) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including— (1) regulations or other guidance providing taxpayers the opportunity to provide the Secretary information sufficient to allow the Secretary to make payments to such taxpayers under subsection (g) (including the determination of the amount of such payment) if such information is not otherwise available to the Secretary, and (2) regulations or other guidance to ensure to the maximum extent administratively practicable that, in determining the amount of any credit under subsection (a) and any credit or refund under subsection (g), an individual is not taken into account more than once, including by different taxpayers and including by reason of a change in joint return status or dependent status between the taxable year for which an advance refund amount is determined and the taxable year for which a credit under subsection (a) is determined. (i) Outreach The Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers described in subsection (h)(1) learn of their eligibility for the advance refunds and credits under subsection (g); are advised of the opportunity to receive such advance refunds and credits as provided under subsection (h)(1); and are provided assistance in applying for such advance refunds and credits. In conducting such outreach program, the Secretary shall coordinate with other government, State, and local agencies; federal partners; and community-based nonprofit organizations that regularly interface with such taxpayers. . (b) Treatment of certain possessions (1) Payments to possessions with mirror code tax systems The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Payments to other possessions The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents. (3) Inclusion of administrative expenses The Secretary of the Treasury shall pay to each possession of the United States to which the Secretary makes a payment under paragraph (1) or (2) an amount equal to the lesser of— (A) the increase (if any) of the administrative expenses of such possession— (i) in the case of a possession described in paragraph (1), by reason of the amendments made by this section, and (ii) in the case of a possession described in paragraph (2), by reason of carrying out the plan described in such paragraph, or (B) $500,000 ($10,000,000 in the case of Puerto Rico). The amount described in subparagraph (A) shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (4) Coordination with credit allowed against united states income taxes No credit shall be allowed against United States income taxes under section 6428C of the Internal Revenue Code of 1986 (as added by this section), nor shall any credit or refund be made or allowed under subsection (g) of such section, to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2). (5) Mirror code tax system For purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (6) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Administrative provisions (1) Definition of deficiency Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking 6428A, and 6428B and inserting 6428A, 6428B, and 6428C . (2) Exception from reduction or offset Any refund payable by reason of section 6428C(g) of the Internal Revenue Code of 1986 (as added by this section), or any such refund payable by reason of subsection (b) of this section, shall not be— (A) subject to reduction or offset pursuant to section 3716 or 3720A of title 31, United States Code, (B) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986, or (C) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. (3) Conforming amendments (A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 6428C, after 6428B, . (B) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6428B the following new item: Sec. 6428C. Fee revenue rebates to individuals. . (d) Effective date This section, and the amendments made by this section, shall apply to taxable years beginning after December 31, 2022. 202. State-based cost mitigation grant program (a) In general The Secretary of the Treasury shall provide to each State and each eligible Indian tribe that meets the requirements of subsection (d) a cost mitigation grant for each calendar year after 2022 in an amount determined under subsection (c). (b) Use of funds A State or eligible Indian tribe receiving a cost mitigation grant under this section shall use the grant to assist with the transition to a low-carbon economy, including— (1) to assist low-income households in reducing energy expenses and meeting cost increases attributable to the fees imposed under subchapter E of chapter 38 of the Internal Revenue Code of 1986 (as added by this Act), including though weatherization and energy efficiency programs; (2) to assist rural households in reducing energy expenses and meeting such increases attributable to such fees, including though weatherization and energy efficiency programs; (3) to provide job training and worker transition assistance, with priority given to workers and former workers in fossil-fuel related industries; (4) to assist the State or eligible Indian tribe in dealing with climate change or the transition to a low-carbon economy; or (5) to address the legacy costs of fossil fuel development. (c) Amount of grant (1) Amounts for States The amount of the cost mitigation grant made to any State for any calendar year shall be equal to the product of— (A) an amount equal to— (i) the annual grant limitation determined under paragraph (4) for such calendar year; minus (ii) 3 percent of the amount described in clause (i); and (B) the State allocation percentage for the State (determined under paragraph (2)). (2) State allocation percentage The State allocation percentage for a State is the amount (expressed as a percentage) equal to the quotient of— (A) the population of such State (as reported in the most recent decennial census); and (B) the population of all States (as reported in the most recent decennial census). (3) Amounts for Eligible Indian Tribes The amount of the cost mitigation grant made to any eligible Indian tribe for any calendar year shall be an amount equal to the quotient of— (A) 3 percent of the annual grant limitation determined under paragraph (4) for such calendar year; divided by (B) the total number of eligible Indian tribes that have applied for a grant for such calendar year and satisfy the requirements under subsection (d). (4) Annual appropriation for grants (A) In general The annual grant limitation is $10,000,000,000. (B) Inflation adjustment (i) In general In the case of any calendar year after 2023, the $10,000,000,000 amount in subparagraph (A) shall be increased by an amount equal to— (I) such dollar amount; multiplied by (II) the percentage (if any) by which— (aa) the CPI for the preceding calendar year; exceeds (bb) the CPI for calendar year 2022. (ii) CPI Rules similar to the rules of paragraphs (4) and (5) of section 1(f) of the Internal Revenue Code of 1986 shall apply for purposes of this subparagraph. (5) Redistribution In any case in which one or more States do not meet the requirements described in subsection (d) for a calendar year, an amount equal to the State allocation percentage for such State or States shall be distributed to each State which did meet such conditions in an amount equal to the product of— (A) such amount; and (B) the State allocation percentage of such State (determined by not taking into account under paragraph (2)(B) the population of any State which did not meet the requirements of subsection (d) for such calendar year). (d) Requirements for receipt of grant A State or eligible Indian tribe is eligible to receive a cost mitigation grant for any calendar year if— (1) the chief executive officer of the State or eligible Indian tribe certifies that the State or eligible Indian tribe will use such grant in a manner consistent with subsection (b); (2) the State or eligible Indian tribe has filed with the Secretary of the Treasury a plan covering the calendar year which details the use of the funds received under the grant; (3) the State or eligible Indian tribe agrees to comply with any audit requirements under subsection (e); and (4) the State or eligible Indian tribe has complied with the requirements of this section for all preceding years or the State or eligible Indian tribe has remedied all prior noncompliance to the satisfaction of the Secretary of the Treasury. (e) Audits The Secretary of the Treasury shall audit the State or eligible Indian tribe use of grants under this section to ensure such uses comply with the requirements of this section and with the uses identified by the State or eligible Indian tribe under subsection (d)(2). The Secretary may withhold a grant under this section if the Secretary determines that a State or eligible Indian tribe has not complied with such requirements. (f) Definitions For purposes of this section— (1) State The term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. (2) Eligible Indian tribe The term eligible Indian tribe means has the same meaning given the term tribe in section 151.2(b) of title 25, Code of Federal Regulations. (g) Appropriations For any fiscal year, there is hereby appropriated an amount equal to the annual grant limitation determined under subsection (c)(3) for the calendar year in which such fiscal year begins. III Assistance to Energy Veterans and their Communities 301. Office of Energy Veterans Assistance (a) Establishment of office There is established within the Department of the Treasury an office to be known as the Office of Energy Veterans Assistance. The Office of Energy Veterans Assistance shall be headed by an Assistant Secretary who shall be appointed by the Secretary of the Treasury (referred to in this section as the Secretary ). (b) Responsibilities of Assistant Secretary The Secretary, acting through the Assistant Secretary, shall be responsible for— (1) hiring personnel and making employment decisions with regard to such personnel; (2) issuing such regulations as may be necessary to carry out the purposes of this section; (3) entering into cooperative agreements with other agencies and departments to ensure the efficiency of the administration of this section; (4) determining eligibility for benefits provided under this section and providing such benefits to qualified individuals; (5) preventing fraud and abuse relating to such benefits; (6) establishing and maintaining a system of records relating to the administration of this section; (7) ensuring that the Office of Energy Veterans Assistance is designed a manner that maximizes efficiency and ease of use by qualified individuals, which may include establishment and deployment of mobile field or satellite offices within eligible counties (as defined in section 302(a)(1)); and (8) administering the program established under section 302. (c) Authorization of appropriations Beginning in fiscal year 2022 and in each fiscal year thereafter, there is authorized to be appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary (not to exceed $50,000,000 for each fiscal year) to administer the office established under subsection (a). (d) Administration (1) Notification Not later than the date which is 4 months prior to the closure of a coal mine or coal power plant, the operator of such mine or plant shall provide notice to the Secretary with respect to such closure, including such information as is deemed necessary by the Secretary to determine the eligibility of any former employee of such mine or plant for any benefits provided under this section, as well as the amount of such benefits. (2) Closure For purposes of this section, the term closure means— (A) with respect to any coal mine, any reduction in production occurring after the date of enactment of this Act which is accompanied by permanent layoffs; and (B) with respect to any coal power plant, the permanent closure of 1 or more generating units occurring after the date of enactment of this Act which is accompanied by permanent layoffs. (3) Qualified individual For purposes of this section, the term qualified individual means any individual— (A) whose employment was terminated as the result of the closure of 1 or more coal mines or coal power plants; (B) who, prior to such closure, was continually employed at 1 or more such mines or plants— (i) for a period of not less than 12 months, and (ii) for an average of not less than 35 hours a week during the 12-month period preceding such closure; and (C) for whom the applicable information has been provided to the Secretary pursuant to paragraph (1). (e) Wage replacement (1) In general In the case of any qualified individual, during the applicable period, the Secretary shall provide such individual with payments in an amount which, for each month during such period, is equivalent to the average amount of monthly remuneration for employment paid to such individual during the 12-month period prior to the termination of their employment (as described in subsection (d)(3)(A)). (2) Applicable period For purposes of this subsection, the term applicable period means, with respect to any qualified individual, the 60-month period subsequent to the termination of their employment (as described in subsection (d)(3)(A)). (3) Frequency of payment Any payment required to be provided to an qualified individual under this subsection shall be provided by the Secretary on a basis which is not less frequent than once per month during the applicable period. (4) Adjustment for inflation For purposes of any payment described in paragraph (1) which is provided to an qualified individual during a calendar year beginning after the date that the employment of such individual was terminated, such amount shall be adjusted in a manner similar to the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for such calendar year. (5) Tax treatment Any amount provided to an qualified individual under this subsection shall be treated as— (A) gross income for purposes of the Internal Revenue Code of 1986; and (B) for purposes of section 3101 of such Code, wages received by the individual with respect to employment. (6) Transfer to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) amounts equal to the amount of taxes that would otherwise have been imposed under section 3111(a) of the Internal Revenue Code of 1986 if the amounts provided to qualified individuals under this subsection were treated as wages paid by the employer with respect to employment. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have otherwise occurred to such Trust Fund pursuant to the treatment described in the preceding sentence. (f) Health insurance benefits (1) In general The Secretary shall provide the following health insurance benefits: (A) In the case of a qualified individual who is receiving continuation coverage pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. ) and section 4980B of the Internal Revenue Code of 1986, the Secretary shall transfer, each month, to the group health plan (or health insurance issuer offering health insurance coverage in connection with such a plan) of such qualified individual, the amount required to cover the same percentage of the qualified individual's monthly premium (including coverage for any qualified beneficiaries) that such individual's former employer contributed toward such premium during the individual's employment. (B) In the case of a qualified individual who is not eligible for continuation coverage as described in subparagraph (A), the Secretary shall transfer to the qualified individual, each month, an amount equal to the amount that the individual's former employer contributed each month towards premiums for enrollment of the individual and qualified beneficiaries in a group health plan (including any health insurance coverage offered in connection with such a plan), adjusted in accordance with the average increase in health insurance premiums in the individual market in the applicable State. This amount shall not be considered as gross income for purposes of the Internal Revenue Code of 1986 provided that the individual provides proof that it has been used to purchase health insurance coverage. (2) Reduction of premiums payable by individuals In the case of a qualified individual and qualified beneficiaries receiving benefits described in paragraph (1)(A) during the applicable period of coverage described in paragraph (3)(A), such individual and beneficiaries shall be treated for purposes of part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. ) and section 4980B of the Internal Revenue Code of 1986 as having paid in full the amount of such premium for a month if such qualified individual and qualified beneficiary pays the total monthly premium due, less the amount of benefits paid on behalf of such individual and beneficiaries pursuant to paragraph (1)(A). (3) Period of coverage with respect to COBRA continuation coverage For purposes of this subsection, the following shall apply: (A) In general Subject to subparagraph (B), with respect to a qualified individual or qualified beneficiary who is receiving continuation coverage pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. ) and 4980B of the Internal Revenue Code of 1986, the period of coverage described in section 602(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1162(2) ) and section 4980B(f)(2)(B) of the Internal Revenue Code of 1986 is deemed to extend to the date which is 5 years after termination of the qualified individual's employment. (B) End of plan With respect to a qualified individual and qualified beneficiaries described in subparagraph (A), if the employer ceases to provide any group health plan to any employee before the period of coverage described in such subparagraph ends, or if the qualified individual and qualified beneficiaries become ineligible for continuation coverage (other than for reasons described in paragraph (4)(A)(ii)), such qualified individual and qualified beneficiaries shall be eligible for benefits described in paragraph (1)(B). (4) Duration of benefits (A) Benefits with respect to COBRA continuation coverage The benefits described in paragraph (1)(A) shall continue until the earlier of— (i) the date that is 5 years after closure of a coal mine or coal power plant; or (ii) the date on which the qualified individual or qualified beneficiary becomes ineligible for continuation coverage pursuant to subparagraph (C) or (D)(ii) of section 602(2) of Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1162(2) ) or clause (iii) or (iv) of section 4980B(f)(2)(B) of the Internal Revenue Code of 1986. (B) Other benefits The benefits described in paragraph (1)(B) shall continue until the earlier of— (i) the date that is 5 years after closure of a coal mine or coal power plant; or (ii) the date on which the qualified individual or qualified beneficiary becomes eligible for benefits under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (C) Special rule With respect to a qualified individual and qualified beneficiaries, section 602(2)(C) of the Employee Retirement Income Security Act of 1974 and section 4980B(f)(2)(B)(iii) of the Internal Revenue Code of 1986 shall apply only if, with respect to such individual and beneficiaries, at least 2 consecutive premium payments are not made. (5) Definitions In this subsection— (A) the terms group health plan , health insurance coverage , and health insurance issuer have the meanings given such terms in section 733 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b ); and (B) the term qualified beneficiary has the meaning given such term in section 607(3)(A) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1167(3)(A) ). (g) Retirement savings contributions (1) In general In the case of a qualified individual, the Secretary shall pay to such individual amounts equal to the amount of employer contributions (other than elective deferrals) which were made to a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) of the individual as of the last month the individual was employed by the employer. Such payments shall be made on the same schedule as employer contributions under the plan. (2) Limitation No payment shall be made under paragraph (1) after the date which is 60 months after the closure of the coal mine or coal power plant at which the individual was employed, unless such payment is made with respect to a period ending before such date. (3) Tax treatment of contributions If the qualified individual demonstrates that the payments made under paragraph (1) are contributed to a qualified retirement plan (as so defined) of the individual, such payments shall be treated for purposes of the Internal Revenue Code of 1986 as if they had been made as employer contributions. (h) Educational benefits (1) Definitions In this subsection: (A) Child The term child means, with respect to any qualified individual, a son or daughter of such individual. (B) Public, in-State institution or vocational school The term public, in-State institution or vocational school means a public institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), or a public vocational school, of the State in which the qualified individual or child resides. (2) In general The Secretary of Education shall carry out a program of educational assistance for any qualified individual and child of a qualified individual that is comparable to the program of education assistance administered by the Secretary of Veterans Affairs under chapter 33 of title 38, United States Code, except that— (A) a qualified individual, and each child of a qualified individual, may receive the educational assistance provided under the program; and (B) the educational assistance shall only be available for use— (i) at a public, in-State institution or vocational school; or (ii) for a program of training services included on the most recent list of eligible training programs issued under section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ) by the Governor of the State in which the qualified individual or child of a qualified individual resides. (i) Appropriation Except as provided in subsection (c), out of any money in the Treasury not otherwise appropriated, there shall be appropriated such sums as are necessary to carry out the purposes of this section, to remain available until expended. 302. Local revenue replenishment (a) Definitions In this section: (1) Eligible county The term eligible county means a county in which— (A) a coal mine or coal power plant is located that, after the date of enactment of this Act, ceases to produce coal or electric power for a period of not less than 180 days; and (B) as of the date of enactment of this Act, not less than 0.1 percent of all jobs are at coal mines or coal power plants, as determined by the Secretary. (2) Eligible Tribal government The term eligible Tribal government means a Tribal government in the Indian country of which— (A) a coal mine or coal power plant is located that, after the date of enactment of this Act, ceases to produce coal or electric power for a period of not less than 180 days; and (B) as of the date of enactment of this Act, not less than 0.1 percent of all jobs are at coal mines or coal power plants, as determined by the Secretary. (3) Indian country The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (4) Local revenue replenishment amount (A) In general The term local revenue replenishment amount , with respect to an eligible county or eligible Tribal government, means an amount equal to the applicable percentage of the lost revenue amount for the applicable 12-month period. (B) Applicable percentage For purposes of subparagraph (A), the term applicable percentage means an amount (not less than zero), expressed as a percentage, equal to— (i) for the first 12-month period following the month in which the applicable coal mine or coal power plant ceased all economic activity, 100 percent; and (ii) for each subsequent 12-month period following the 12-month period referred to in clause (i), the applicable percentage for the preceding 12-month period minus 10 percentage points. (5) Lost revenue amount The term lost revenue amount , with respect to an eligible county or eligible Tribal government, means the amount of revenue lost by the eligible county or eligible Tribal government during a 12-month period due to the cessation of production of coal or electric power at the applicable coal mine or coal power plant, including revenue lost by subgovernmental entities within the eligible county or eligible Tribal government, such as school districts and towns, as determined in accordance with subsection (b)(2). (6) Secretary The term Secretary means the Secretary of the Treasury. (7) Tribal government The term Tribal government means the governing body of a federally recognized Indian Tribe (as defined in section 151.2 of title 25, Code of Federal Regulations). (b) Payments to eligible counties and eligible Tribal governments (1) In general On request of an eligible county or eligible Tribal government submitted to the Office of Energy Veterans Assistance established under section 301 for a 12-month period, the Secretary shall pay to the eligible county or eligible Tribal government the local revenue replenishment amount applicable to the 12-month period. (2) Determination of lost revenue amount (A) In general For purposes of subsection (a)(3), the eligible county or eligible Tribal government may estimate the lost revenue amount for the applicable 12-month period. (B) Requirement (i) In general Not later than 90 days after the last day of the applicable 12-month period, the eligible county or eligible Tribal government shall submit to the Secretary for verification documentation demonstrating the actual lost revenue amount for the eligible county or eligible Tribal government. (ii) Payment adjustment If the actual lost revenue amount for a 12-month period is greater than or less than the lost revenue amount estimated under subparagraph (A) for that period, the Secretary shall increase or decrease, as applicable, the payment made to the eligible county or eligible Tribal government under paragraph (1) for the succeeding 12-month period to reflect the difference. (3) Maintenance of funding Payments made to eligible counties or eligible Tribal governments under this section shall supplement (and not supplant) other Federal funding made available to eligible counties or eligible Tribal governments. (4) Direct payments Payments to eligible counties and eligible Tribal governments made under this section shall be made as direct payments and not as Federal financial assistance. (c) Reporting and certification requirement (1) In general Not later than 90 days after the date on which an eligible county or an eligible Tribal government receives a payment under this section, the eligible county or eligible Tribal government shall— (A) publicly report any amounts the eligible county or eligible Tribal government has claimed on behalf of any subgovernmental entity in estimating the lost revenue amount for that payment under subsection (b)(2)(A); and (B) certify to the Secretary that any such amounts have been transferred to the subgovernmental entity. (2) Failure to report and certify If an eligible county or eligible Tribal government fails to comply with the requirements of paragraph (1) by the deadline described in that paragraph, the eligible county or eligible Tribal government shall not be eligible for future payments under this section. (d) Mandatory funding There is appropriated to the Secretary to carry out this section, out of any funds in the Treasury not otherwise appropriated, $3,500,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. 303. Environmental restoration (a) Abandoned mine reclamation fund Section 401 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 ) is amended— (1) in subsection (b), in the matter preceding paragraph (1), by inserting amounts transferred under subsection (g) and before amounts deposited ; and (2) by adding at the end the following: (g) Transfer of amounts to fund (1) In general On October 1, 2022, and on each October 1 thereafter through October 1, 2031, the Secretary of the Treasury shall transfer to the fund $1,100,000,000. (2) Inflation adjustment The amount made available under paragraph (1) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. . (b) Coal ash cleanup (1) In general There are appropriated to the Administrator of the Environmental Protection Agency, out of any funds in the Treasury not otherwise appropriated, for each of fiscal years 2023 through 2032, to remain available until expended— (A) $2,000,000 to carry out enforcement actions under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) relating to coal ash cleanup; (B) $350,000,000 to carry out removals and remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) on sites— (i) that contain coal ash or other hazardous materials relating to the production of electricity from coal; and (ii) (I) for which there is no responsible party; or (II) that are owned by rural electric cooperatives or municipalities, in cases in which cleanup costs would cause significant economic harm to ratepayers; and (C) $1,500,000 to carry out the Technical Assistance Services for Communities Program of the Environmental Protection Agency. (2) Inflation adjustment The amount made available under each of subparagraphs (A), (B), and (C) of paragraph (1) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (c) Orphaned, abandoned, or idled wells on Federal land Section 349 of the Energy Policy Act of 2005 ( 42 U.S.C. 15907 ) is amended— (1) in subsection (g)— (A) in paragraph (1)— (i) by striking to facilitate State efforts and inserting and Indian Tribes to facilitate State and Tribal efforts ; and (ii) by striking on State or private land and inserting on State, Tribal, or private land ; (B) in paragraph (2)— (i) by striking Commission, to assist the States and inserting Commission, and Indian Tribes to assist the States and Indian Tribes ; and (ii) by striking on State and private land and inserting on State, Tribal, and private land, as applicable ; and (C) in paragraph (3)(D), by inserting or Tribal after State ; (2) by striking subsection (h) and inserting the following: (h) Funding (1) In general There is appropriated to carry out this section, out of any funds in the Treasury not otherwise appropriated, $800,000,000 for each of fiscal years 2023 through 2032, to remain available until expended, of which $100,000,000 shall be used each fiscal year to carry out subsection (g). (2) Inflation adjustment The amount made available under paragraph (1) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. ; and (3) by adding at the end the following: (j) Condition on use of funds Amounts made available to carry out this section shall only be used to remediate, reclaim, or close orphaned, abandoned, or idled oil and gas wells for which there is no responsible party. . 304. Community assistance programs (a) In general There are appropriated, out of any funds in the Treasury not otherwise appropriated— (1) to the Appalachian Regional Commission for the Partnerships for Opportunity and Workforce and Economic Revitalization (POWER) Initiative— (A) $80,000,000 for fiscal year 2023; (B) $110,000,000 for fiscal year 2024; and (C) $150,000,000 for each of fiscal years 2025 through 2032; (2) to the Secretary of Commerce for the Assistance for Coal Communities initiative of the Economic Development Administration— (A) $50,000,000 for fiscal year 2023; (B) $70,000,000 for fiscal year 2024; and (C) $90,000,000 for each of fiscal years 2025 through 2032; and (3) for each of fiscal years 2023 through 2032— (A) $30,000,000 to the Appalachian Regional Commission for the high speed broadband deployment initiative under section 14509 of title 40, United States Code; and (B) (i) $5,000,000 to the Appalachian Regional Commission for salaries and other costs related to hiring additional employees; and (ii) $3,000,000 to the Economic Development Administration for salaries and other costs related to hiring additional employees. (b) Inflation adjustment (1) In general The amount made available under each of paragraphs (1)(C) and (2)(C) of subsection (a) for each of fiscal years 2026 through 2032 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (2) Additional adjustments The amount made available under each of paragraph (3)(A) and clauses (i) and (ii) of paragraph (3)(B) of subsection (a) for each of fiscal years 2024 through 2032 shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (c) Supplement, not supplant Amounts made available under subsection (a)(3)(B) shall supplement, and not supplant, amounts otherwise made available for the programs, initiatives, and purposes described in that subsection. (d) Assistance to oil and gas communities (1) In general Section 209(c) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3149(c) ) is amended— (A) in paragraph (4), by striking or at the end; (B) in paragraph (5), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (6) the loss of jobs, economic activity, or public revenues attributable to a decline in oil, natural gas, or mineral extraction from Federal land and related industries, for activities and programs that support economic diversification, job creation, capital investment, such as environmental remediation and infrastructure development, and workforce development and reemployment opportunities. . (2) Cost sharing Section 204(c) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3144(c) ) is amended by adding at the end the following: (4) Assistance for oil and gas communities In the case of a grant under section 209 for a community described in subsection (c)(6) of that section, the Secretary may increase the Federal share up to 100 percent of the cost of the project. . (3) Funding Title VII of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3231 et seq. ) is amended by adding at the end the following: 705. Appropriations for oil and gas communities (a) In general In addition to amounts made available under section 701, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for fiscal year 2027 and each fiscal year thereafter to carry out section 209(c)(6). (b) Adjustment The amount made available under subsection (a) shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. . IV Assistance to Environmental Justice Communities 401. Assistance to Environmental Justice Communities (a) In general For each fiscal year beginning after September 30, 2022, the amounts appropriated under subsection (b) shall be apportioned as follows: (1) Energy affordability (A) For the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ), 33 percent of such amounts, of which 3 percent shall be allocated to Indian Tribes. (B) For the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq. ), 24 percent of such amounts. (2) Pollution reduction in environmental justice communities (A) For awarding competitive grants under the State Energy Program established under part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. ) to State energy offices to promote distributed energy resources, microgrids, community solar, energy efficiency, energy resilience, and building electrification in environmental justice communities (as defined in section 102(a)), 13 percent of such amounts. (B) For grants under the Environmental Justice Small Grants Program and the Environmental Justice Collaborative Problem-Solving Cooperative Agreement Program (as those programs are in existence on the date of enactment of this Act) of the Environmental Protection Agency, 3 percent of such amounts. (C) For enforcement activities of the Environmental Protection Agency under section 113 of the Clean Air Act ( 42 U.S.C. 7413 ), 3 percent of such amounts. (D) For grants under the low or no emission grant program under subsection (c) of section 5339 of title 49, United States Code, 8 percent of such amounts, subject to the requirement that the amounts are used only to finance eligible projects under that subsection with respect to zero emission vehicles (as defined in paragraph (1) of that subsection). (E) For grants under subtitle G of title VII of the Energy Policy Act of 2005 ( 42 U.S.C. 16131 et seq. ), 6 percent of such amounts. (F) For the urban and community forestry program under section 9 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2105 ), 0.5 percent of such amounts. (3) Business development and career training (A) For the Environmental Workforce and Job Training Grants program established under section 104(k)(7) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(7) ), 1 percent of such amounts. (B) For the Environmental Career Worker Training Program of the National Institute of Environmental Health Sciences established pursuant to section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 ( 29 U.S.C. 655 note; Public Law 99–499 ), 1 percent of such amounts. (C) For grants under the Minority Science and Engineering Improvement Program under subpart 1 of part E of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1067 et seq. ), 1 percent of such amounts. (D) For grants for public works and economic development under section 201 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 ), 2 percent of such amounts. (E) For assistance provided under the microloan program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ), 1 percent of such amounts. (F) For the Minority Business Development Agency, 0.5 percent of such amounts. (4) Tribal programs (A) For grants under the Indian Environmental General Assistance Program established under section 502 of Public Law 95–134 ( 42 U.S.C. 4368b ), 2 percent of such amounts. (B) For grants under the Tribal Climate Resilience Program of the Bureau of Indian Affairs, 1 percent of such amounts. (b) Appropriation To carry out the purposes of this section, out of any funds in the Treasury not otherwise appropriated, there are appropriated amounts equal to the fees received into the Treasury under subchapter E of chapter 38 of the Internal Revenue Code of 1986 and section 102 of this Act, less any amounts refunded or paid under— (1) sections 4691(c), 4692(e), and 4695(b) of the Internal Revenue Code of 1986; (2) section 6428C of such Code; (3) section 401(g) of the Surface Mining Control and Reclamation Act of 1977; and (4) sections 201(b), 202, 301, 302, 303(b), and 304 of this Act. V Other Provisions 501. Public disclosure of revenues and expenditures (a) Establishment of website The Secretary of the Treasury, or the Secretary's designee, shall establish a website for purposes of making the disclosures described in subsection (b). (b) Disclosures The Secretary shall make publicly available, on an ongoing basis and as frequently as possible, the following information: (1) The amount and sources of revenue attributable to this Act and the amendments made by this Act. (2) The amount of tax savings and benefits received as a result of title II of this Act. 502. Severability If any provision of this Act or 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 amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. 503. Rule of construction Nothing in this Act (or amendment made by this Act) or any regulation promulgated under this Act shall be construed so as to preempt or supersede any State or local law, regulation, policy, or program. 504. Remedies preserved Compliance with this Act (or any amendment made by this Act) or any standard, regulation, or requirement prescribed under this Act shall not relieve any person from liability at common law or under State or Federal law. | https://www.govinfo.gov/content/pkg/BILLS-117s2085is/xml/BILLS-117s2085is.xml |
117-s-2086 | II 117th CONGRESS 1st Session S. 2086 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Durbin (for himself, Mrs. Capito , Ms. Duckworth , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve the identification and support of children and families who experience trauma.
1. Short title This Act may be cited as the Resilience Investment, Support, and Expansion from Trauma Act or the RISE from Trauma Act . I Community programming 101. Trauma and resilience-related coordinating bodies Title V of the Public Health Service Act is amended by inserting after section 520A ( 42 U.S.C. 290bb-32 ) the following: 520B. Local coordinating bodies to address community trauma, prevention, and resilience (a) Grants (1) In general The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention and the Assistant Secretary, shall award grants to State, county, local, or Indian tribe or tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination Act and Education Assistance Act) or nonprofit private entities for demonstration projects to enable such entities to act as coordinating bodies to prevent or mitigate the impact of trauma and toxic stress in a community, or promote resilience by fostering protective factors. (2) Amount The Secretary shall award such grants in amounts of not more than $6,000,000. (3) Duration The Secretary shall award such grants for periods of 4 years. (b) Eligible entities (1) In general To be eligible to receive a grant under this section, an entity shall include 1 or more representatives from at least 5 of the categories described in paragraph (2). (2) Composition The categories referred to in paragraph (1) are— (A) governmental agencies, such as public health, mental health, human services, or child welfare agencies, that provide training related to covered services or conduct activities to screen, assess, provide services or referrals, prevent, or provide treatment to support infants, children, youth, and their families as appropriate, that have experienced or are at risk of experiencing trauma; (B) faculty or qualified staff at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) or representatives of a local member of the National Child Traumatic Stress Network, in an area related to screening, assessment, service provision or referral, prevention, or treatment to support infants, children, youth, and their families, as appropriate, that have experienced or are at risk of experiencing trauma; (C) hospitals, health care clinics, or other health care institutions, such as mental health and substance use disorder treatment facilities; (D) criminal justice representatives related to adults and juveniles, which may include law enforcement or judicial or court employees; (E) local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or agencies responsible for early childhood education programs, which may include Head Start and Early Head Start agencies; (F) workforce development, job training, or business associations; (G) nonprofit, community-based faith, human services, civic, or social services organizations, including participants in a national or community service program (as described in section 122 of the National and Community Service Act of 1990 ( 42 U.S.C. 12572 )), providers of after-school programs, home visiting programs, family resource centers, agencies that serve victims of domestic and family violence or child abuse, or programs to prevent or address the impact of violence and addiction; and (H) the general public, including individuals who have experienced trauma who can appropriately represent populations and activities relevant to the community that will be served by the entity. (3) Qualifications In order for an entity to be eligible to receive the grant under this section, the representatives included in the entity shall, collectively, have training and expertise concerning childhood trauma, resilience, and covered services. (c) Application To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Priority In awarding grants under this section, the Secretary shall give priority to entities proposing to serve communities or populations that have faced or currently face high rates of community trauma, including from intergenerational poverty, civil unrest, discrimination, or oppression, which may include an evaluation of— (1) an age-adjusted rate of drug overdose deaths that is above the national overdose mortality rate, as determined by the Director of the Centers for Disease Control and Prevention; (2) an age-adjusted rate of violence-related (or intentional) injury deaths that is above the national average, as determined by the Director of the Centers for Disease Control and Prevention; and (3) a rate of involvement in the child welfare or juvenile justice systems that is above the national average, as determined by the Secretary. (e) Use of funds An entity that receives a grant under this section to act as a coordinating body may use the grant funds to— (1) bring together stakeholders who provide or use services in, or have expertise concerning, covered settings to identify community needs and resources related to covered services, and to build on any needs assessments conducted by organizations or groups represented on the coordinating body; (2) (A) collect data, on indicators to reflect local priority issues, including across multiple covered settings and disaggregated by age, race, and any other appropriate metrics; and (B) use the data to identify unique community challenges and barriers, community strengths and assets, gaps in services, and high-need areas, related to covered services; (3) build awareness, skills, and leadership (including through trauma-informed and resilience-focused training and public outreach campaigns) on covered services in covered settings; (4) develop a strategic plan, in partnership with members of the served community or population, that identifies— (A) policy goals and coordination opportunities to address community needs and local priority issues (including coordination in applying for or utilizing existing grants, insurance coverage, or other government programs), including for communities of color and relating to delivering and implementing covered services; and (B) a comprehensive, integrated approach for the entity and its members to prevent and mitigate the impact of exposure to trauma or toxic stress in the community, and to assist the community in healing from existing and prior exposure to trauma through promotion of resilience and fostering protective factors; (5) implement such strategic plans in the local community, including through the delivery of covered services in covered settings; and (6) identify funding sources and partner with community stakeholders to sustainably continue activities after the end of the grant period. (f) Supplement not supplant Amounts made available under this section shall be used to supplement and not supplant other Federal, State, and local public funds and private funds expended to provide trauma-related coordination activities. (g) Evaluation At the end of the period for which grants are awarded under this section, the Secretary shall conduct an evaluation of the activities carried out under each grant under this section. In conducting the evaluation, the Secretary shall assess the outcomes of the grant activities carried out by each grant recipient, including outcomes related to health, education, child welfare, criminal justice involvement, or other measurable outcomes pertaining to wellbeing and societal impact. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $600,000,000 for each of fiscal years 2022 through 2029. (i) Definitions In this section: (1) Covered services The term covered services means culturally responsive services, programs, models, or interventions that are evidence-based, evidence-informed, or promising best practices to support infants, children, youth, and their families as appropriate by preventing or mitigating the impact of trauma and toxic stress or promoting resilience by fostering protective factors, which may include the best practices developed under section 7132(d) of the SUPPORT for Patients and Communities Act ( Public Law 115–271 ). (2) Covered setting The term covered setting means the settings in which individuals may come into contact with infants, children, youth, and their families, as appropriate, who have experienced or are at risk of experiencing trauma, including schools, hospitals, settings where health care providers, including primary care and pediatric providers, provide services, early childhood education and care settings, home visiting settings, after-school program facilities, child welfare agency facilities, public health agency facilities, mental health treatment facilities, substance use disorder treatment facilities, faith-based institutions, domestic violence agencies, violence intervention organizations, child advocacy centers, homeless services system facilities, refugee services system facilities, juvenile justice system facilities, law enforcement agency facilities, Healthy Marriage Promotion or Responsible Fatherhood service settings, child support service settings, and service settings focused on individuals eligible for Temporary Assistance for Needy Families; and . 102. Expansion of performance partnership pilot for children who have experienced or are at risk of experiencing trauma (a) In general Section 526 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2014 ( 42 U.S.C. 12301 note ) is amended— (1) in subsection (a), by adding at the end the following: (4) To improve outcomes for infants, children, and youth, and their families as appropriate, who have experienced or are at risk of experiencing trauma means to increase the rate at which individuals who have experienced or are at risk of experiencing trauma, including those who are low-income, homeless, involved with the child welfare system, involved in the juvenile justice system, have been victims of violence (including community, family, or sexual violence), unemployed, or not enrolled in or at risk of dropping out of an educational institution and live in a community that has faced acute or long-term exposure to substantial discrimination, historical oppression, intergenerational poverty, civil unrest, a high rate of violence or drug overdose deaths, achieve success in meeting educational, employment, health, developmental, community reentry, permanency from foster care, or other key goals. ; (2) in subsection (b)— (A) in the subsection heading, by striking Fiscal Year 2014 and inserting Fiscal Years 2022 Through 2026 ; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (C) by striking Federal agencies and inserting the following: (1) Disconnected youth pilots Federal agencies ; and (D) by adding at the end the following: (2) Trauma-informed care pilots Federal agencies may use Federal discretionary funds that are made available in this Act or any appropriations Act, including across different or multiple years, for any of fiscal years 2022 through 2026 to carry out up to 10 Performance Partnership Pilots. Such Pilots shall— (A) be designed to improve outcomes for infants, children, and youth, and their families as appropriate, who have experienced or are at risk of experiencing trauma; and (B) involve Federal programs targeted on infants, children, and youth, and their families as appropriate, who have experienced or are at risk of experiencing trauma. ; (3) in subsection (c)(2)— (A) in subparagraph (A), by striking 2018 and inserting 2025 ; and (B) in subparagraph (F), by inserting before the semicolon , including the age range for such population ; and (4) in subsection (e), by striking 2018 and inserting 2025 . (b) Requirement Not later than 9 months after the date of enactment of this Act, the Director of the Office of Management and Budget, working with the Attorney General and the Secretary of Labor, Secretary of Health and Human Services, Secretary of Education, and Secretary of Housing and Urban Development, and any other appropriate agency representative, shall, with respect to carrying out this section— (1) explore authorities to enable the issuance of appropriate start-up funding; (2) issue guidance documents, template waivers and performance measurements, best practices and lessons learned from prior pilot programs, recommendations for how to sustain projects after award periods, and other technical assistance documents as needed; and (3) align application timing periods to provide maximum flexibility, which may include the availability of initial planning periods for awardees. 103. Hospital-based interventions to reduce readmissions Section 393 of the Public Health Service Act ( 42 U.S.C. 280b–1a ) is amended by adding at the end the following: (c) Hospital-Based interventions To reduce readmissions (1) Grants The Secretary shall award grants to eligible entities to deliver and evaluate hospital-based interventions to improve outcomes and reduce subsequent reinjury or readmissions of patients that present at a hospital after overdosing, attempting suicide, or suffering violent injury or abuse. (2) Eligible entities To be eligible to receive a grant under this subsection and entity shall— (A) be a hospital or health system (including health systems operated by Indian tribes or tribal organizations as such terms are defined in section 4 of the Indian Self-Determination Act and Education Assistance Act); and (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include demonstrated experience furnishing successful hospital-based trauma interventions to improve outcomes and prevent reinjury or readmission for patients presenting after overdosing, attempting suicide, or suffering violent injury or abuse. (3) Use of funds An entity shall use amounts received under a grant under this subsection to deliver, test, and evaluate hospital-based trauma-informed interventions for patients who present at hospitals with drug overdoses, suicide attempts, or violent injuries (such as domestic violence or intentional penetrating wounds, including gunshots and stabbings), or other presenting symptoms associated with exposure to trauma, violence, substance misuse, or suicidal ideation, to provide comprehensive education, screening, counseling, discharge planning, skills building, and long-term case management services to such individuals, and their guardians or caregivers as appropriate, to prevent hospital readmission, injury, and improve health, wellness, and safety outcomes. Such interventions may be furnished in coordination or partnership with qualified community-based organizations and may include or incorporate the best practices developed under section 7132(d) of the SUPPORT for Patients and Communities Act ( Public Law 115–271 ). (4) Quality measures An entity that receive a grant under this section shall submit to the Secretary a report on the data and outcomes developed under the grant, including any quality measures developed, evaluated, and validated to prevent hospital readmissions for the patients served under the program involved. (5) Sustainable coverage The Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall evaluate existing authorities, flexibilities, and policies and disseminate appropriate and relevant information to eligible entities on the opportunities for health insurance coverage and reimbursement for the activities described in paragraph (3). . 104. Training and certification guidelines for community figures (a) In general Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall study and establish guidelines for use by States with respect to standards for training, certification, and partnership or supervision from licensed clinical professionals as appropriate, of community figures, including community mentors and trusted leaders, peers (including young adults and youth) with lived experiences, faith-based leaders, coaches and arts program leaders, and community paraprofessional providers such as out-of-school providers, to— (1) educate and promote an understanding of trauma, toxic stress, and resilience; (2) promote resilience by fostering protective factors and providing peer support services; (3) provide case management services and promote linkages to community services; and (4) deliver appropriate, culturally responsive, and trauma-informed practices. (b) Recommendations Training and certification guidelines under subsection (a) shall include recommendations for experience, education, and supervision requirements for, and partnerships between, such trained and certified community figures and other health care providers such that the trained and certified community figures may be reimbursed through the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for furnishing services to individuals enrolled in such plan. II Workforce development 201. Training and recruitment of individuals from communities that have experienced high levels of trauma, violence, or addiction Part B of title VII of the Public Health Service Act ( 42 U.S.C. 293 et seq. ) is amended by adding at the end the following: 742. Individuals from communities that have experienced high levels of trauma, violence, or addiction In carrying out activities under this part, the Secretary shall ensure that emphasis is provided on the recruitment of individuals from communities that have experienced high levels of trauma, violence, or addiction and that appropriate activities under this part are carried out in partnership with community-based organizations that have expertise in addressing such challenges to enhance service delivery. . 202. Funding for the National Health Service Corps Section 10503(b)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 254b–2(b)(2) ) is amended— (1) in subparagraph (E), by striking and at the end; (2) in subparagraph (F), by striking the period and inserting ; and ; and (3) by adding at the end the following: (G) $360,000,000 for each of fiscal years 2022 through 2026, of which $50,000,000 shall be allocated in each such fiscal year for awards to eligible individuals whose obligated service locations are in schools or community-based settings as described in section 338N of the Public Health Service Act. . 203. Infant and early childhood clinical workforce Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g ) is amended by adding at the end the following: 399V–7. Infant and early childhood clinical workforce (a) In general The Secretary, acting through the Associate Administrator of the Maternal and Child Health Bureau, shall establish an Infant and Early Childhood Mental Health Clinical Leadership Program to award grants to eligible entities to establish a national network of training institutes for infant and early childhood clinical mental health. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall— (1) be— (A) an institution of higher education as defined in section 101(a) of the Higher Education Act of 1965, including historically Black colleges and universities (as defined for purposes of section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )), and Tribal colleges (as defined for purposes of section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c )).; or (B) be a hospital with affiliation with such an institution of higher education, or a State professional medical society or association of infant mental health demonstrating an affiliation or partnership with such an institution of higher education; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of grant An entity shall use amounts received under a grant under this section to establish training institutes to— (1) equip aspiring and current mental health professionals, including clinical social workers, professional counselors, marriage and family therapists, clinical psychologists, child psychiatrists, school psychologists, school counselors, school social workers, nurses, home visitors, community health workers, and developmental and behavioral pediatricians with specialization in infant and early childhood clinical mental health, and those pursuing certification or licensure in such professions; and (2) emphasize equipping trainees with culturally responsive skills in prevention, mental health consultation, screening, assessment, diagnosis, and treatment for infants and children, and their parents as appropriate, who have experienced or are at risk of experiencing trauma, including from intergenerational poverty, civil unrest, discrimination, or oppression, exposure to violence or overdose, as well as prevention of secondary trauma, through— (A) the provision of community-based training and supervision in evidence-based assessment, diagnosis, and treatment, which may be conducted through partnership with qualified community-based organizations; (B) the development of graduate education training tracks; (C) the provision of scholarships, stipends, and trainee supports, including to enhance recruitment, retention, and career placement of students from populations under-represented populations in the mental health workforce; and (D) the provision of mid-career training to develop the capacity of existing health practitioners. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section, $25,000,000 for each of fiscal years 2022 through 2026. . 204. Trauma-informed teaching and school leadership (a) Partnership grants Section 202 of the Higher Education Act of 1965 ( 20 U.S.C. 1022a ) is amended— (1) in subsection (b)(6)— (A) by redesignating subparagraphs (H) through (K) as subparagraphs (I) through (L), respectively; and (B) by inserting after subparagraph (G) the following: (H) how the partnership will prepare general education and special education teachers, including early childhood educators, to support positive learning outcomes and social and emotional development for students who have experienced trauma (including students who are involved in the foster care or juvenile justice systems or runaway or homeless youth) and in alternative education settings in which high populations of youth with trauma exposure may learn (including settings for correctional education, juvenile justice, pregnant, expecting and parenting students, or youth who have re-entered school after a period of absence due to dropping out); ; (2) in subsection (d)(1)(A)(i)— (A) in subclause (II), by striking and after the semicolon; (B) by redesignating subclause (III) as subclause (IV); and (C) by inserting after subclause (II) the following: (III) such teachers, including early childhood educators, to adopt evidence-based approaches for improving behavior (such as positive behavior interventions and supports and restorative justice practices), supporting social and emotional learning, mitigating the effects of trauma, improving the learning environment in the school, preventing secondary trauma, compassion fatigue, and burnout, and for alternatives to punitive discipline practices, including suspensions, expulsions, corporal punishment, referrals to law enforcement, and other actions that remove students from the learning environment; and ; and (3) in subsection (d), by adding at the end the following: (7) Trauma-informed and resilience-focused practice and work in alternative education settings Developing the teaching skills of prospective and, as applicable, new, early childhood, elementary school, and secondary school teachers to adopt evidence-based trauma-informed and resilience-focused teaching strategies— (A) to— (i) recognize the signs of trauma and its impact on learning; (ii) maximize student engagement and promote the social and emotional development of students; (iii) implement alternative practices to suspension and expulsion that do not remove students from the learning environment; and (iv) engage with other school personnel, including administrators and nonteaching staff, to foster a shared understanding of the items described in clauses (i), (ii), and (iii); and (B) including programs training teachers, including early childhood educators, to work with students with exposure to traumatic events (including students involved in the foster care or juvenile justice systems or runaway and homeless youth) and in alternative academic settings for youth unable to participate in a traditional public school program in which high populations of students with trauma exposure may learn (such as students involved in the foster care or juvenile justice systems, pregnant and parenting students, runaway and homeless students, students exposed to family violence or trafficking, and other youth who have re-entered school after a period of absence due to dropping out). . (b) Administrative provisions Section 203(b)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1022b(b)(2) ) is amended— (1) in subparagraph (A), by striking and after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) to eligible partnerships that have a high-quality proposal for trauma-informed and resilience-focused training programs for general education and special education teachers, including early childhood educators. . (c) Grants for the development of leadership programs Section 202(f)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1022a(f)(1)(B) ) is amended— (1) in clause (v), by striking and at the end; (2) in clause (vi), by striking the period and inserting ; and ; and (3) by adding at the end the following: (vii) identify students who have experienced trauma and connect those students with appropriate school-based or community-based interventions and services. . 205. Tools for front-line providers Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with appropriate stakeholders with subject matter expertise which may include the National Child Traumatic Stress Network or other resource centers funded by the Department of Health and Human Services, shall carry out activities to develop accessible and easily understandable toolkits for use by front-line service providers (including teachers, early childhood educators, school and out-of-school program leaders, paraeducators and school support staff, home visitors, mentors, social workers, counselors, health care providers, child welfare agency staff, individuals in juvenile justice settings, faith leaders, first responders, kinship caregivers, domestic violence agencies, child advocacy centers, homeless services personnel, and youth development and community-based organization personnel) for appropriately identifying, responding to, and supporting infants, children, and youth, and their families, as appropriate, who have experienced or are at risk of experiencing trauma or toxic stress. Such toolkits shall incorporate best practices developed under section 7132(d) of the SUPPORT for Patients and Communities Act ( Public Law 115–271 ), and include actions to build a safe, stable, and nurturing environment for the infants, children, and youth served in those settings, capacity building, and strategies for addressing the impact of secondary trauma, compassion fatigue, and burnout among such front-line service providers and other caregivers. 206. Children exposed to violence initiative Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 ) is amended by adding at the end the following: OO Children exposed to violence and addiction initiative 3051. Grants to support children exposed to violence and substance use (a) In general The Attorney General may make grants to States, units of local government, Indian tribes and tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination Act and Education Assistance Act), and nonprofit organizations to reduce violence and substance use by preventing children’s trauma from exposure to violence or substance use and supporting infants, children, and youth, and their families, who have been harmed by violence, trauma, or substance use to heal. (b) Use of funds (1) In general A grant under subsection (a) may be used to implement trauma-informed policies and practices that support infants, children, youth, and their families, as appropriate, by— (A) building public awareness and education about the importance of addressing childhood trauma as a means to reduce violence and substance use and improve educational, economic, developmental, and societal outcomes for infants, children, and youth; (B) providing training, tools, and resources to develop the skills and capacity of parents (including foster parents), adult guardians, and professionals who interact directly with infants, children, and youth, in an organized or professional setting, to reduce the impact of trauma, grief, and exposure to violence on children, including through the best practices developed under section 7132(d) of the SUPPORT for Patients and Communities Act ( Public Law 115–271 ); and (C) supporting community collaborations and providing technical assistance to communities, organizations, and public agencies on how they can coordinate to prevent and mitigate the impact of trauma from exposure to violence and substance use on children in their homes, schools, and communities. (2) Priority Priority in awarding grants under this section shall be given to communities that seek to address multiple types of violence and serve children who have experienced poly-victimization. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $11,000,000 for each of fiscal years 2022 through 2026. . 207. Establishment of law enforcement child and youth trauma coordinating center (a) Establishment of center (1) In general The Attorney General, in coordination with the Civil Rights Division, shall establish a National Law Enforcement Child and Youth Trauma Coordinating Center (referred to in this section as the Center ) to provide assistance to adult- and juvenile-serving State, local, and tribal law enforcement agencies (including those operated by Indian tribes and tribal organizations as such terms are defined in section 4 of the Indian Self-Determination Act and Education Assistance Act) in interacting with infants, children, and youth who have been exposed to violence or other trauma, and their families as appropriate. (2) Age range The Center shall determine the age range of infants, children, and youth to be covered by the activities of the Center. (b) Duties The Center shall provide assistance to adult- and juvenile-serving State, local, and tribal law enforcement agencies by— (1) disseminating information on the best practices for law enforcement officers, which may include best practices based on evidence-based and evidence-informed models from programs of the Department of Justice and the Office of Justice Services of the Bureau of Indian Affairs or the best practices developed under section 7132(d) of the SUPPORT for Patients and Communities Act ( Public Law 115–271 ), such as— (A) models developed in partnership with national law enforcement organizations, Indian tribes, or clinical researchers; and (B) models that include— (i) trauma-informed approaches to conflict resolution, information gathering, forensic interviewing, de-escalation, and crisis intervention training; (ii) early interventions that link child and youth witnesses and victims, and their families as appropriate, to age-appropriate trauma-informed services; and (iii) preventing and supporting officers who experience secondary trauma; (2) providing professional training and technical assistance; and (3) awarding grants under subsection (c). (c) Grant program (1) In general The Attorney General, acting through the Center, may award grants to State, local, and tribal law enforcement agencies or to multi-disciplinary consortia to— (A) enhance the awareness of best practices for trauma-informed responses to infants, children, and youth who have been exposed to violence or other trauma, and their families as appropriate; and (B) provide professional training and technical assistance in implementing the best practices described in subparagraph (A). (2) Application Any State, local, or tribal law enforcement agency seeking a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. (3) Use of funds A grant awarded under this subsection may be used to— (A) provide training to law enforcement officers on best practices, including how to identify and appropriately respond to early signs of trauma and violence exposure when interacting with infants, children, and youth, and their families, as appropriate; and (B) establish, operate, and evaluate a referral and partnership program with trauma-informed clinical mental health, substance use, health care, or social service professionals in the community in which the law enforcement agency serves. (d) Authorization of appropriations There are authorized to be appropriated to the Attorney General— (1) $6,000,000 for each of fiscal years 2022 through 2026 to award grants under subsection (c); and (2) $2,000,000 for each of fiscal years 2022 through 2026 for other activities of the Center. | https://www.govinfo.gov/content/pkg/BILLS-117s2086is/xml/BILLS-117s2086is.xml |
117-s-2087 | II 117th CONGRESS 1st Session S. 2087 IN THE SENATE OF THE UNITED STATES June 16, 2021 Ms. Klobuchar (for herself, Ms. Collins , Mr. Tester , Mr. Kaine , Mr. Blumenthal , Ms. Smith , Ms. Cortez Masto , and Mrs. Feinstein ) 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 expand the membership of the Advisory Committee on Minority Veterans to include veterans who are lesbian, gay, bisexual, transgender, gender diverse, gender non-conforming, intersex, or queer.
1. Short title This Act may be cited as the Voices for Veterans Act 2021 . 2. Expansion of membership of the Advisory Committee on Minority Veterans to include veterans who are lesbian, gay, bisexual, transgender, gender diverse, gender non-conforming, intersex, or queer (a) Expansion of membership Subsection (a)(2)(A) of section 544 of title 38, United States Code, is amended— (1) in clause (iv), by striking and at the end; (2) in clause (v), by striking the period at the end and inserting ; and ; and (3) by inserting after clause (v) the following new clause: (vi) veterans who are lesbian, gay, bisexual, transgender, gender diverse, gender non-conforming, intersex, or queer. . (b) Effective date Clause (vi) of section 544(a)(2)(A) of title 38, United States Code, shall apply to appointments made on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2087is/xml/BILLS-117s2087is.xml |
117-s-2088 | II 117th CONGRESS 1st Session S. 2088 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Kelly (for himself, Mr. Cramer , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to improve the process by which a member of the Armed Forces may be referred for a mental health evaluation.
1. Short title This Act may be cited as the Brandon Act . 2. Mandatory referral of members of the Armed Forces for mental health evaluation (a) In general Section 1090a of title 10, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Process applicable to member disclosure The regulations required by subsection (a) shall— (1) establish a phrase that enables a member of the armed forces to trigger a referral of the member by a commanding officer or supervisor for a mental health evaluation; (2) require a commanding officer or supervisor to make such referral as soon as practicable following disclosure by the member to the commanding officer or supervisor of the phrase established under paragraph (1); and (3) ensure that the process under this subsection protects the confidentiality of the member in a manner similar to the confidentiality provided for members making restricted reports under section 1565b(b) of this title. . (b) Conforming amendment Subsection (a) of such section is amended, in the second sentence, by striking subsections (b), (c), and (d) and inserting this section . | https://www.govinfo.gov/content/pkg/BILLS-117s2088is/xml/BILLS-117s2088is.xml |
117-s-2089 | II 117th CONGRESS 1st Session S. 2089 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mrs. Shaheen (for herself, Ms. Hassan , Mr. Hoeven , and Mr. Cramer ) 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 ensure that grants provided by the Secretary of Veterans Affairs for State veterans' cemeteries do not restrict States from authorizing the interment of certain deceased members of the reserve components of the Armed Forces in such cemeteries, and for other purposes.
1. Short title This Act may be cited as the Burial Equity for Guards and Reserves Act of 2021 . 2. Prohibitions on restricting interment of certain individuals in certain State veterans' cemeteries (a) Grants Section 2408 of title 38, United States Code, as amended by the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ), is further amended— (1) in subsection (d)(2), by striking The Secretary may and inserting Except as provided in subsection (i), the Secretary may ; and (2) by adding at the end the following new subsections: (i) (1) The Secretary may not establish a condition for a grant under this section that restricts the ability of a State receiving such a grant to inter in a veterans' cemetery owned by that State any individual described in paragraph (2) solely by reason of the ineligibility of such individual for burial in an open national cemetery under the control of the National Cemetery Administration under section 2402(a) of this title. (2) An individual described in this paragraph is the following: (A) Any member of a reserve component of the Armed Forces whose service was terminated under honorable conditions. (B) Any member of the Army National Guard or the Air National Guard whose service was terminated under honorable conditions. (C) Any member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force whose death occurs under honorable conditions while a member of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force. (D) Any spouse of any member described in subparagraphs (A) through (C). (E) Any minor child or unmarried adult child (as such terms are defined in section 2402(a) of this title) of any member described in subparagraphs (A) through (C). (j) The Secretary may not deny an application for a grant under this section solely on the basis that the State receiving such grant may use funds from such grant to expand, improve, operate, or maintain a veterans’ cemetery to allow for the interment of individuals described in subsection (i)(2). . (b) Prohibition on enforcing certain conditions on grants for State veterans' cemeteries The Secretary of Veterans Affairs may not enforce a condition on a grant described in subsection (i)(1) of section 2408 of title 38, United States Code, as added by subsection (a), that was established before the date of the enactment of this Act. (c) Plot allowances Section 2303(b)(1) of title 38, United States Code, is amended— (1) by striking and (ii) members and inserting (ii) members ; and (2) by striking other than dishonorable, and and inserting other than dishonorable, or (iii) described in section 2408(i)(2) of this title . | https://www.govinfo.gov/content/pkg/BILLS-117s2089is/xml/BILLS-117s2089is.xml |
117-s-2090 | II 117th CONGRESS 1st Session S. 2090 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Casey (for himself, Mr. Wyden , Mr. Blumenthal , Ms. Hirono , Mr. Whitehouse , Ms. Klobuchar , Mr. Booker , Mrs. Feinstein , Mr. Markey , Mr. Padilla , Mr. Cardin , Mr. Van Hollen , Mr. Murphy , Ms. Baldwin , Mr. Menendez , Ms. Duckworth , Mr. Durbin , Mrs. Gillibrand , Mrs. Shaheen , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prevent a person who has been convicted of a misdemeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in its commission, from obtaining a firearm.
1. Short title This Act may be cited as the Disarm Hate Act . 2. Prevention of person who has been convicted of a misdemeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in its commission, from obtaining a firearm (a) Definitions Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) The term convicted in any court of a misdemeanor hate crime — (A) means being convicted by a court of an offense that— (i) is a misdemeanor under Federal, State, or tribal law; (ii) has, as an element, that the conduct of the offender was motivated by hate or bias because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity (as defined in section 249), or disability of any person; and (iii) involves the use or attempted use of physical force, the threatened use of a deadly weapon, or other credible threat to the physical safety of any person; and (B) does not include— (i) a conviction of an offense described in subparagraph (A), unless— (I) the person— (aa) was represented by counsel in the case; or (bb) knowingly and intelligently waived the right to counsel in the case; and (II) in the case of a prosecution for an offense described in subparagraph (A) for which a person was entitled to a jury trial in the jurisdiction in which the case was tried— (aa) the case was tried by a jury; or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise; or (ii) a conviction of an offense described in subparagraph (A) if— (I) the conviction— (aa) has been expunged or set aside; or (bb) is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense); and (II) the pardon, expungement, or restoration of civil rights does not expressly provide that the person may not ship, transport, possess, or receive firearms. (37) The term received from any court an enhanced hate crime misdemeanor sentence — (A) means a court has imposed a sentence for a misdemeanor under Federal, State, or tribal law— (i) that involves the use or attempted use of physical force, the threatened use of a deadly weapon, or other credible threat to the physical safety of any person; and (ii) based, in whole or in part, on a judicial finding that the conduct of the offender was motivated, in whole or in part, by hate or bias for any reason referred to in paragraph (36)(A)(ii); and (B) does not include— (i) the imposition of a sentence described in subparagraph (A), unless— (I) the person— (aa) was represented by counsel in the case; or (bb) knowingly and intelligently waived the right to counsel in the case; and (II) if the sentence described in subparagraph (A) was imposed in a prosecution for an offense for which a person was entitled to a jury trial in the jurisdiction in which the case was tried— (aa) the case was tried by a jury; or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise; or (ii) the imposition of a sentence described in subparagraph (A) if— (I) (aa) the conviction of the offense for which the sentence was imposed has been expunged or set aside; or (bb) the offense for which the sentence was imposed is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense); and (II) the pardon, expungement, or restoration of civil rights does not expressly provide that the person may not ship, transport, possess, or receive firearms. . (b) Prohibition on sale or other disposition of firearm Section 922(d) of title 18, United States Code, is amended— (1) in paragraph (8), by striking or at the end; (2) in paragraph (9), by striking the period and inserting ; or ; and (3) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor hate crime, or has received from any court an enhanced hate crime misdemeanor sentence. . (c) Prohibition on possession, shipment, or transport of firearm Section 922(g) of title 18, United States Code, is amended— (1) in paragraph (8), by striking or at the end; (2) in paragraph (9), by striking the comma and inserting ; or ; and (3) by inserting after paragraph (9) the following: (10) who has been convicted in any court of a misdemeanor hate crime, or has received from any court an enhanced hate crime misdemeanor sentence, . | https://www.govinfo.gov/content/pkg/BILLS-117s2090is/xml/BILLS-117s2090is.xml |
117-s-2091 | II 117th CONGRESS 1st Session S. 2091 IN THE SENATE OF THE UNITED STATES June 16, 2021 Ms. Sinema (for herself, Mr. Wicker , Mr. Van Hollen , Ms. Murkowski , Ms. Baldwin , Ms. Ernst , Ms. Stabenow , Mrs. Hyde-Smith , Mr. Durbin , and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the American Rescue Plan Act of 2021 to increase appropriations to Restaurant Revitalization Fund, and for other purposes.
1. Short title This Act may be cited as the Restaurant Revitalization Fund Replenishment Act of 2021 . 2. Appropriations for the Restaurant Revitalization Fund Section 5003(b)(2) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 85; 15 U.S.C. 9009c(b)(2) ) is amended— (1) in subparagraph (A)— (A) by striking $28,600,000,000 and inserting $88,600,000,000 ; and (B) by inserting , of which $300,000,000 shall be for administrative expenses to carry out this section before the period at the end; and (2) in subparagraph (B)(i)(II), by striking $23,600,000,000 and inserting $83,300,000,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s2091is/xml/BILLS-117s2091is.xml |
117-s-2092 | II 117th CONGRESS 1st Session S. 2092 IN THE SENATE OF THE UNITED STATES June 16, 2021 Ms. Smith (for herself, Mr. Rounds , Mr. Thune , Mr. Tester , Mr. Cramer , and Mr. Schatz ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes.
1. Short title This Act may be cited as the Native American Rural Homeownership Improvement Act of 2021 . 2. Native CDFI relending program Section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 ) is amended by adding at the end the following: (j) Set aside for native community development financial institutions (1) Definitions In this subsection— (A) the term Alaska Native has the meaning given the term Native in section 3(b) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(b) ); (B) the term appropriate congressional committees means— (i) the Committee on Agriculture of the Senate; (ii) the Committee on Indian Affairs of the Senate; (iii) the Committee on Banking, Housing, and Urban Affairs of the Senate; (iv) the Committee on Agriculture of the House of Representatives; (v) the Committee on Natural Resources of the House of Representatives; and (vi) the Committee on Financial Services of the House of Representatives; (C) the term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ); (D) the term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ); (E) the term Native community development financial institution means an entity— (i) that has been certified as a community development financial institution by the Secretary of the Treasury; (ii) that is not less than 50 percent owned or controlled by members of Indian Tribes, Alaska Native communities, or Native Hawaiian communities; and (iii) for which not less than 50 percent of the activities of the entity serve Indian Tribes, Alaska Native communities, or Native Hawaiian communities; (F) the term Native Hawaiian has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 ); and (G) the term priority Tribal land means— (i) any land located within the boundaries of— (I) an Indian reservation, pueblo, or rancheria; or (II) a former reservation within Oklahoma; (ii) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (I) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (II) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (III) by a dependent Indian community; (iii) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(a) ); (iv) Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 ); or (v) those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians. (2) Purpose The purpose of this subsection is to— (A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and (B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. (3) Set aside for Native CDFIs Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. (4) Application requirements A Native community development financial institution desiring a loan under this subsection shall demonstrate that the institution— (A) can provide the non-Federal cost share required under paragraph (6); and (B) is able to originate and service loans for single family homes. (5) Lending requirements A Native community development financial institution that receives a loan pursuant to this subsection shall— (A) use those amounts to make loans to borrowers— (i) who otherwise meet the requirements for a loan under this section; and (ii) who— (I) are members of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; or (II) maintain a household in which not less 1 member is a member of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; and (B) in making loans under subparagraph (A), give priority to borrowers described in that subparagraph who are residing on priority Tribal land. (6) Non-Federal cost share (A) In general A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received. (B) Waiver In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non-Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. (7) Reporting (A) Annual report by Native CDFIs Each Native community development financial institution that receives a loan pursuant to this subsection shall submit an annual report to the Secretary on the lending activities of the institution using the loan amounts, which shall include— (i) a description of the outreach efforts of the institution in local communities to identify eligible borrowers; (ii) a description of how the institution leveraged additional capital to reach prospective borrowers; (iii) the number of loan applications received, approved, and deployed; (iv) the average loan amount; (v) the number of finalized loans that were made on Tribal trust lands and not on Tribal trust lands; and (vi) the number of finalized loans that were made on priority Tribal land and not priority Tribal land. (B) Annual report to Congress Not later than 1 year after the date of enactment of this subsection, and every year thereafter, the Secretary shall submit to the appropriate congressional communities a report that includes— (i) a list of loans made to Native community development financial institutions pursuant to this subsection, including the name of the institution and the loan amount; (ii) the percentage of loans made under this section to members of Indian Tribes, Alaska Native communities, and Native Hawaiian communities, respectively, including a breakdown of loans made to households residing on and not on Tribal trust lands; and (iii) the average loan amount made by Native community development financial institutions pursuant to this subsection. (C) Evaluation of program Not later than 3 years after the date of enactment of this subsection, the Secretary and the Secretary of the Treasury shall conduct an evaluation of and submit to the appropriate congressional committees a report on the program under this subsection, which shall— (i) evaluate the effectiveness of the program, including an evaluation of the demand for loans under the program; and (ii) include recommendations relating to the program, including whether— (I) the program should be expanded to such that all community development financial institutions may make loans under the program to the borrowers described in paragraph (5); and (II) the set aside amount paragraph (3) should be modified in order to match demand under the program. (8) Grants for operational support (A) In general The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to— (i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and (ii) the availability of funding. (B) Amount A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded. (9) Outreach and technical assistance There is authorized to be appropriated to the Secretary $1,000,000 for each of fiscal years 2022, 2023, and 2024— (A) to provide technical assistance to Native community development financial institutions— (i) relating to homeownership and other housing-related assistance provided by the Secretary; and (ii) to assist those institutions to perform outreach to eligible homebuyers relating to the loan program under this section; or (B) to provide funding to a national organization representing Native American housing interests to perform outreach and provide technical assistance as described in clauses (i) and (ii), respectively, of subparagraph (A). . | https://www.govinfo.gov/content/pkg/BILLS-117s2092is/xml/BILLS-117s2092is.xml |
117-s-2093 | II Calendar No. 77 117th CONGRESS 1st Session S. 2093 IN THE SENATE OF THE UNITED STATES June 16, 2021 Mr. Merkley (for himself, Ms. Klobuchar , and Mr. Schumer ) introduced the following bill; which was read the first time June 17, 2021 Read the second time and placed on the calendar A BILL To expand Americans’ access to the ballot box, reduce the influence of big money in politics, strengthen ethics rules for public servants, and implement other anti-corruption measures for the purpose of fortifying our democracy, and for other purposes.
1. Short title This Act may be cited as the For the People Act of 2021 . 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into divisions as follows: (1) Division A—Voting. (2) Division B—Campaign Finance. (3) Division C—Ethics. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Findings of general constitutional authority. Sec. 4. Standards for judicial review. DIVISION A—Voting TITLE I—Election Access Sec. 1000. Short title; statement of policy. Subtitle A—Voter Registration Modernization Sec. 1000A. Short title. PART 1—Promoting Internet Registration Sec. 1001. Requiring availability of internet for voter registration. Sec. 1002. Use of internet to update registration information. Sec. 1003. Provision of election information by electronic mail to individuals registered to vote. Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1005. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number. Sec. 1006. Application of rules to certain exempt States. Sec. 1007. Report on data collection. Sec. 1008. Permitting voter registration application form to serve as application for absentee ballot. Sec. 1009. Effective date. PART 2—Automatic Voter Registration Sec. 1011. Short title; findings and purpose. Sec. 1012. Automatic registration of eligible individuals. Sec. 1013. Contributing agency assistance in registration. Sec. 1014. Voter protection and security in automatic registration. Sec. 1015. Payments and grants. Sec. 1016. Treatment of exempt States. Sec. 1017. Miscellaneous provisions. Sec. 1018. Definitions. Sec. 1019. Effective date. PART 3—Same Day Voter Registration Sec. 1031. Same day registration. PART 4—Conditions on Removal on Basis of Interstate Cross-Checks Sec. 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks. PART 5—Other Initiatives to Promote Voter Registration Sec. 1051. Biennial reports on voter registration statistics. Sec. 1052. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. Sec. 1053. Use of Postal Service hard copy change of address form to remind individuals to update voter registration. Sec. 1054. Grants to States for activities to encourage involvement of minors in election activities. Sec. 1055. Authorizing the dissemination of voter registration information displays following naturalization ceremonies. Sec. 1056. Requiring states to establish and operate voter privacy programs. Sec. 1057. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications. PART 6—Availability of HAVA Requirements Payments Sec. 1061. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. PART 7—Prohibiting Interference With Voter Registration Sec. 1071. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 1072. Establishment of best practices. PART 8—Voter Registration Efficiency Act Sec. 1081. Short title. Sec. 1082. Requiring applicants for motor vehicle driver’s licenses in new State to indicate whether State serves as residence for voter registration purposes. PART 9—Providing Voter Registration Information to Secondary School Students Sec. 1091. Pilot program for providing voter registration information to secondary school students prior to graduation. Sec. 1092. Reports. Sec. 1093. Authorization of appropriations. PART 10—Voter Registration of Minors Sec. 1094. Acceptance of voter registration applications from individuals under 18 years of age. Subtitle B—Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Establishment and maintenance of State accessible election websites. Sec. 1103. Protections for in-person voting for individuals with disabilities and older individuals. Sec. 1104. Protections for individuals subject to guardianship. Sec. 1105. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Sec. 1106. Appointments to EAC Board of Advisors. Sec. 1107. Funding for protection and advocacy systems. Sec. 1108. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 1109. GAO analysis and report on voting access for individuals with disabilities. Subtitle C—Prohibiting Voter Caging Sec. 1201. Voter caging and other questionable challenges prohibited. Sec. 1202. Development and adoption of best practices for preventing voter caging. Subtitle D—Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 1301. Short title. Sec. 1302. Prohibition on deceptive practices in Federal elections. Sec. 1303. Corrective action. Sec. 1304. Reports to Congress. Subtitle E—Democracy Restoration Sec. 1401. Short title. Sec. 1402. Findings. Sec. 1403. Rights of citizens. Sec. 1404. Enforcement. Sec. 1405. Notification of restoration of voting rights. Sec. 1406. Definitions. Sec. 1407. Relation to other laws. Sec. 1408. Federal prison funds. Sec. 1409. Effective date. Subtitle F—Promoting Accuracy, Integrity, and Security Through Voter-Verifiable Permanent Paper Ballot Sec. 1501. Short title. Sec. 1502. Paper ballot and manual counting requirements. Sec. 1503. Accessibility and ballot verification for individuals with disabilities. Sec. 1504. Durability and readability requirements for ballots. Sec. 1505. Study and report on optimal ballot design. Sec. 1506. Paper ballot printing requirements. Sec. 1507. Ballot marking device cybersecurity requirements. Sec. 1508. Effective date for new requirements. Subtitle G—Provisional Ballots Sec. 1601. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. Subtitle H—Early Voting Sec. 1611. Early voting. Subtitle I—Voting by Mail Sec. 1621. Voting by mail. Sec. 1622. Balloting materials tracking program. Sec. 1623. Election mail and delivery improvements. Sec. 1624. Carriage of election mail. Subtitle J—Absent Uniformed Services Voters and Overseas Voters Sec. 1701. Pre-election reports on availability and transmission of absentee ballots. Sec. 1702. Enforcement. Sec. 1703. Transmission requirements; repeal of waiver provision. Sec. 1704. Use of single absentee ballot application for subsequent elections. Sec. 1705. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 1706. Technical clarifications to conform to 2009 move act amendments related to the federal write-in absentee ballot. Sec. 1707. Treatment of post card registration requests. Sec. 1708. Applicability to Commonwealth of the Northern Mariana Islands. Sec. 1709. Elimination of 14-day time period between general election and runoff election for Federal elections in the Virgin Islands and Guam. Sec. 1710. Department of justice report on voter disenfranchisement. Sec. 1711. Effective date. Subtitle K—Poll Worker Recruitment and Training Sec. 1801. Grants to States for poll worker recruitment and training. Sec. 1802. State defined. Subtitle L—Enhancement of Enforcement Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle M—Federal Election Integrity Sec. 1821. Prohibition on campaign activities by chief State election administration officials. Subtitle N—Promoting Voter Access Through Election Administration Improvements PART 1—Promoting Voter Access Sec. 1901. Treatment of institutions of higher education. Sec. 1902. Minimum notification requirements for voters affected by polling place changes. Sec. 1903. Permitting use of sworn written statement to meet identification requirements for voting. Sec. 1904. Accommodations for voters residing in Indian lands. Sec. 1905. Ensuring equitable and efficient operation of polling places. Sec. 1906. Requiring States to provide secured drop boxes for voted ballots in elections for Federal office. Sec. 1907. Prohibiting States from restricting curbside voting. Sec. 1908. Prohibiting restrictions on donations of food and beverages at polling stations. Sec. 1909. GAO study on voter turnout rates. PART 2—Disaster and Emergency Contingency Plans Sec. 1911. Requirements for Federal election contingency plans in response to natural disasters and emergencies. PART 3—Improvements in Operation of Election Assistance Commission Sec. 1921. Reauthorization of Election Assistance Commission. Sec. 1922. Requiring States to participate in post-general election surveys. Sec. 1923. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission. Sec. 1924. Recommendations to improve operations of Election Assistance Commission. Sec. 1925. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. PART 4—Miscellaneous Provisions Sec. 1931. Application of laws to Commonwealth of Northern Mariana Islands. Sec. 1932. Definition of election for Federal office. Sec. 1933. Clarification of exemption for States which do not collect telephone information. Sec. 1934. No effect on other laws. Sec. 1935. Clarification of exemption for States without voter registration. Subtitle O—Increased Protections for Election Workers Sec. 1941. Harassment of election workers prohibited. Sec. 1942. Protection of election workers. Subtitle P—Severability Sec. 1951. Severability. TITLE II—Election Integrity Subtitle A—Findings Reaffirming the Commitment of Congress to Restore the Voting Rights Act of 1965 Sec. 2001. Findings reaffirming commitment of Congress to restore the Voting Rights Act. Subtitle B—Findings Relating to Native American Voting Rights Sec. 2101. Findings relating to Native American voting rights. Subtitle C—Findings Relating to District of Columbia Statehood Sec. 2201. Findings relating to District of Columbia statehood. Subtitle D—Territorial Voting Rights Sec. 2301. Findings relating to territorial voting rights. Sec. 2302. Congressional Task Force on Voting Rights of United States Citizen Residents of Territories of the United States. Subtitle E—Redistricting Reform Sec. 2400. Short title; finding of constitutional authority. PART 1—Requirements for Congressional Redistricting Sec. 2401. Requiring congressional redistricting to be conducted through plan of independent State commission. Sec. 2402. Ban on mid-decade redistricting. Sec. 2403. Criteria for redistricting. PART 2—Independent Redistricting Commissions Sec. 2411. Independent redistricting commission. Sec. 2412. Establishment of selection pool of individuals eligible to serve as members of commission. Sec. 2413. Public notice and input. Sec. 2414. Establishment of related entities. Sec. 2415. Report on diversity of memberships of independent redistricting commissions. PART 3—Role of Courts in Development of Redistricting Plans Sec. 2421. Enactment of plan developed by 3-judge court. Sec. 2422. Special rule for redistricting conducted under order of Federal court. PART 4—Administrative and Miscellaneous Provisions Sec. 2431. Payments to States for carrying out redistricting. Sec. 2432. Civil enforcement. Sec. 2433. State apportionment notice defined. Sec. 2434. No effect on elections for State and local office. Sec. 2435. Effective date. PART 5—Requirements for Redistricting Carried Out Pursuant to 2020 Census SUBPART A—Application of Certain Requirements for Redistricting Carried out Pursuant to 2020 Census Sec. 2441. Application of certain requirements for redistricting carried out pursuant to 2020 Census. Sec. 2442. Triggering events. SUBPART B—Independent Redistricting Commissions for Redistricting Carried Out Pursuant to 2020 Census Sec. 2451. Use of independent redistricting commissions for redistricting carried out pursuant to 2020 Census. Sec. 2452. Establishment of selection pool of individuals eligible to serve as members of commission. Sec. 2453. Criteria for redistricting plan; public notice and input. Sec. 2454. Establishment of related entities. Sec. 2455. Report on diversity of memberships of independent redistricting commissions. Subtitle F—Saving Eligible Voters From Voter Purging Sec. 2501. Short title. Sec. 2502. Conditions for removal of voters from list of registered voters. Subtitle G—No Effect on Authority of States to Provide Greater Opportunities for Voting Sec. 2601. No effect on authority of States to provide greater opportunities for voting. Subtitle H—Residence of Incarcerated Individuals Sec. 2701. Residence of incarcerated individuals. Subtitle I—Findings Relating to Youth Voting Sec. 2801. Findings relating to youth voting. Subtitle J—Severability Sec. 2901. Severability. TITLE III—Election Security Sec. 3000. Short title; sense of Congress. Subtitle A—Financial Support for Election Infrastructure PART 1—Voting System Security Improvement Grants Sec. 3001. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 3002. Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002. Sec. 3003. Incorporation of definitions. PART 2—Post-election Audit Requirement Sec. 3011. Post-election audit requirement. Sec. 3012. GAO analysis of effects of audits. PART 3—Election Infrastructure Innovation Grant Program Sec. 3021. Election infrastructure innovation grant program. Subtitle B—Security Measures Sec. 3101. Election infrastructure designation. Sec. 3102. Timely threat information. Sec. 3103. Security clearance assistance for election officials. Sec. 3104. Security risk and vulnerability assessments. Sec. 3105. Annual reports. Sec. 3106. Pre-election threat assessments. Subtitle C—Enhancing Protections for United States Democratic Institutions Sec. 3201. National strategy to protect United States democratic institutions. Sec. 3202. National Commission to Protect United States Democratic Institutions. Subtitle D—Promoting Cybersecurity Through Improvements in Election Administration Sec. 3301. Election cybersecurity. Sec. 3302. Guidelines and certification for electronic poll books and remote ballot marking systems. Sec. 3303. Pre-election reports on voting system usage. Sec. 3304. Streamlining collection of election information. Subtitle E—Preventing Election Hacking Sec. 3401. Short title. Sec. 3402. Election security bug bounty program. Subtitle F—Election Security Grants Advisory Committee Sec. 3501. Establishment of advisory committee. Subtitle G—Miscellaneous Provisions Sec. 3601. Definitions. Sec. 3602. Initial report on adequacy of resources available for implementation. Subtitle H—Use of Voting Machines Manufactured in the United States Sec. 3701. Use of voting machines manufactured in the United States. Subtitle I—Severability Sec. 3801. Severability. DIVISION B—Campaign Finance TITLE IV—Campaign Finance Transparency Subtitle A—Establishing Duty to Report Foreign Election Interference Sec. 4001. Findings relating to illicit money undermining our democracy. Sec. 4002. Federal campaign reporting of foreign contacts. Sec. 4003. Federal campaign foreign contact reporting compliance system. Sec. 4004. Criminal penalties. Sec. 4005. Report to congressional intelligence committees. Sec. 4006. Rule of construction. Subtitle B—DISCLOSE Act Sec. 4100. Short title. PART 1—Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 4101. Clarification of prohibition on participation by foreign nationals in election-related activities. Sec. 4102. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 4103. Audit and report on illicit foreign money in Federal elections. Sec. 4104. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 4105. Disbursements and activities subject to foreign money ban. Sec. 4106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. PART 2—Reporting of Campaign-Related Disbursements Sec. 4111. Reporting of campaign-related disbursements. Sec. 4112. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 4113. Effective date. PART 3—Other Administrative Reforms Sec. 4121. Petition for certiorari. Sec. 4122. Judicial review of actions related to campaign finance laws. Subtitle C—Honest Ads Sec. 4201. Short title. Sec. 4202. Purpose. Sec. 4203. Findings. Sec. 4204. Sense of Congress. Sec. 4205. Expansion of definition of public communication. Sec. 4206. Expansion of definition of electioneering communication. Sec. 4207. Application of disclaimer statements to online communications. Sec. 4208. Political record requirements for online platforms. Sec. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Sec. 4210. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared. Subtitle D—Stand By Every Ad Sec. 4301. Short title. Sec. 4302. Stand By Every Ad. Sec. 4303. Disclaimer requirements for communications made through prerecorded telephone calls. Sec. 4304. No expansion of persons subject to disclaimer requirements on internet communications. Sec. 4305. Effective date. Subtitle E—Deterring Foreign Interference in Elections PART 1—Deterrence Under Federal Election Campaign Act of 1971 Sec. 4401. Restrictions on exchange of campaign information between candidates and foreign powers. Sec. 4402. Clarification of standard for determining existence of coordination between campaigns and outside interests. Sec. 4403. Prohibition on provision of substantial assistance relating to contribution or donation by foreign nationals. Sec. 4404. Clarification of application of foreign money ban. PART 2—Notifying States of Disinformation Campaigns by Foreign Nationals Sec. 4411. Notifying States of disinformation campaigns by foreign nationals. PART 3—Prohibiting Use of Deepfakes in Election Campaigns Sec. 4421. Prohibition on distribution of materially deceptive audio or visual media prior to election. PART 4—Assessment of Exemption of Registration Requirements Under FARA for Registered Lobbyists Sec. 4431. Assessment of exemption of registration requirements under FARA for registered lobbyists. Subtitle F—Secret Money Transparency Sec. 4501. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations. Subtitle G—Shareholder Right-to-Know Sec. 4601. Repeal of restriction on use of funds by Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporation political activity. Sec. 4602. Shareholder approval of corporate political activity. Subtitle H—Disclosure of Political Spending by Government Contractors Sec. 4701. Repeal of restriction on use of funds to require disclosure of political spending by government contractors. Subtitle I—Limitation and Disclosure Requirements for Presidential Inaugural Committees Sec. 4801. Short title. Sec. 4802. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees. Subtitle J—Miscellaneous Provisions Sec. 4901. Effective dates of provisions. Sec. 4902. Severability. TITLE V—Campaign Finance Empowerment Subtitle A—Findings Relating to Citizens United Decision Sec. 5001. Findings relating to Citizens United decision. Subtitle B—Senate Elections Sec. 5100. Short title. PART 1—Small Donor Incentive Programs Sec. 5101. Sense of the Senate regarding small donor incentive programs. PART 2—Small Dollar Financing of Senate Election Campaigns Sec. 5111. Eligibility requirements and benefits of fair elections financing of Senate election campaigns. Sec. 5112. Prohibition on joint fundraising committees. Sec. 5113. Exception to limitation on coordinated expenditures by political party committees with participating candidates. Sec. 5114. Assessments against fines and penalties. Sec. 5115. Study and report on small dollar financing program. Sec. 5116. Effective date. PART 3—Responsibilities of the Federal Election Commission Sec. 5121. Petition for certiorari. Sec. 5122. Electronic filing of FEC reports. PART 4—Miscellaneous Provisions Sec. 5131. Severability. Subtitle C—Presidential Elections Sec. 5200. Short title. PART 1—Primary Elections Sec. 5201. Increase in and modifications to matching payments. Sec. 5202. Eligibility requirements for matching payments. Sec. 5203. Repeal of expenditure limitations. Sec. 5204. Period of availability of matching payments. Sec. 5205. Examination and audits of matchable contributions. Sec. 5206. Modification to limitation on contributions for Presidential primary candidates. PART 2—General Elections Sec. 5211. Modification of eligibility requirements for public financing. Sec. 5212. Repeal of expenditure limitations and use of qualified campaign contributions. Sec. 5213. Matching payments and other modifications to payment amounts. Sec. 5214. Increase in limit on coordinated party expenditures. Sec. 5215. Use of general election payments for general election legal and accounting compliance. PART 3—Effective Date Sec. 5221. Effective date. Subtitle D—Personal Use Services as Authorized Campaign Expenditures Sec. 5301. Short title; findings; purpose. Sec. 5302. Treatment of payments for child care and other personal use services as authorized campaign expenditure. Subtitle E—Empowering Small Dollar Donations Sec. 5401. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts. Subtitle F—Severability Sec. 5501. Severability. TITLE VI—Campaign Finance Oversight Subtitle A—Restoring Integrity to America’s Elections Sec. 6001. Short title. Sec. 6002. Membership of Federal Election Commission. Sec. 6003. Assignment of powers to Chair of Federal Election Commission. Sec. 6004. Revision to enforcement process. Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 6006. Permanent extension of administrative penalty authority. Sec. 6007. Restrictions on ex parte communications. Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in Supreme Court. Sec. 6009. Requiring forms to permit use of accent marks. Sec. 6010. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971. Sec. 6011. Effective date; transition. Subtitle B—Stopping Super PAC–Candidate Coordination Sec. 6101. Short title. Sec. 6102. Clarification of treatment of coordinated expenditures as contributions to candidates. Sec. 6103. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders. Subtitle C—Disposal of Contributions or Donations Sec. 6201. Timeframe for and prioritization of disposal of contributions or donations. Sec. 6202. 1-year transition period for certain individuals. Subtitle D—Recommendations to Ensure Filing of Reports Before Date of Election Sec. 6301. Recommendations to ensure filing of reports before date of election. Subtitle E—Severability Sec. 6401. Severability. DIVISION C—Ethics TITLE VII—Ethical Standards Subtitle A—Supreme Court Ethics Sec. 7001. Code of conduct for Federal judges. Subtitle B—Foreign Agents Registration Sec. 7101. Establishment of FARA investigation and enforcement unit within Department of Justice. Sec. 7102. Authority to impose civil money penalties. Sec. 7103. Disclosure of transactions involving things of financial value conferred on officeholders. Sec. 7104. Ensuring online access to registration statements. Subtitle C—Lobbying Disclosure Reform Sec. 7201. Expanding scope of individuals and activities subject to requirements of Lobbying Disclosure Act of 1995. Sec. 7202. Requiring lobbyists to disclose status as lobbyists upon making any lobbying contacts. Subtitle D—Recusal of Presidential Appointees Sec. 7301. Recusal of appointees. Subtitle E—Clearinghouse on Lobbying Information Sec. 7401. Establishment of clearinghouse. Subtitle F—Foreign lobbying Sec. 7501. Prohibition on foreign lobbying. Subtitle G—Severability Sec. 7601. Severability. TITLE VIII—Ethics Reforms for the President, Vice President, and Federal Officers and Employees Subtitle A—Executive Branch Conflict of Interest Sec. 8001. Short title. Sec. 8002. Restrictions on private sector payment for government service. Sec. 8003. Requirements relating to slowing revolving door. Sec. 8004. Prohibition of procurement officers accepting employment from government contractors. Sec. 8005. Revolving door restrictions on employees moving into the private sector. Sec. 8006. Guidance on unpaid employees. Sec. 8007. Limitation on use of Federal funds and contracting at businesses owned by certain Government officers and employees. Subtitle B—Presidential Conflicts of Interest Sec. 8011. Short title. Sec. 8012. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest. Sec. 8013. Initial financial disclosure. Sec. 8014. Contracts by the President or Vice President. Sec. 8015. Legal Defense Funds. Subtitle C—White House Ethics Transparency Sec. 8021. Short title. Sec. 8022. Procedure for waivers and authorizations relating to ethics requirements. Subtitle D—Executive Branch Ethics Enforcement Sec. 8031. Short title. Sec. 8032. Reauthorization of the Office of Government Ethics. Sec. 8033. Tenure of the Director of the Office of Government Ethics. Sec. 8034. Duties of Director of the Office of Government Ethics. Sec. 8035. Agency ethics officials training and duties. Sec. 8036. Prohibition on use of funds for certain Federal employee travel in contravention of certain regulations. Sec. 8037. Reports on cost of Presidential travel. Sec. 8038. Reports on cost of senior Federal official travel. Subtitle E—Conflicts from Political Fundraising Sec. 8041. Short title. Sec. 8042. Disclosure of certain types of contributions. Subtitle F—Transition Team Ethics Sec. 8051. Short title. Sec. 8052. Presidential transition ethics programs. Subtitle G—Ethics Pledge for Senior Executive Branch Employees Sec. 8061. Short title. Sec. 8062. Ethics pledge requirement for senior executive branch employees. Subtitle H—Travel on Private Aircraft by Senior Political Appointees Sec. 8071. Short title. Sec. 8072. Prohibition on use of funds for travel on private aircraft. Subtitle I—Severability Sec. 8081. Severability. TITLE IX—Congressional Ethics Reform Subtitle A—Requiring Members of Congress To reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 in all cases of employment discrimination acts by Members. Subtitle B—Conflicts of Interests Sec. 9101. Prohibiting Members of House of Representatives from serving on boards of for-profit entities. Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff. Sec. 9103. Exercise of rulemaking powers. Subtitle C—Campaign Finance and Lobbying Disclosure Sec. 9201. Short title. Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists. Sec. 9203. Effective date. Subtitle D—Access to Congressionally Mandated Reports Sec. 9301. Short title. Sec. 9302. Definitions. Sec. 9303. Establishment of online portal for congressionally mandated reports. Sec. 9304. Federal agency responsibilities. Sec. 9305. Removing and altering reports. Sec. 9306. Rules of construction; inspectors general. Sec. 9307. Implementation. Subtitle E—Reports on Outside Compensation Earned by Congressional Employees Sec. 9401. Reports on outside compensation earned by Congressional employees. Subtitle F—Severability Sec. 9501. Severability. TITLE X—Presidential and Vice Presidential Tax Transparency Sec. 10001. Presidential and Vice Presidential tax transparency. 3. Findings of general constitutional authority Congress finds that the Constitution of the United States grants explicit and broad authority to protect the right to vote, to regulate elections for Federal office, to prevent and remedy discrimination in voting, and to defend the Nation’s democratic process. Congress enacts the For the People Act of 2021 pursuant to this broad authority, including but not limited to the following: (1) Congress finds that it has broad authority to regulate the time, place, and manner of congressional elections under the Elections Clause of the Constitution, article I, section 4, clause 1. The Supreme Court has affirmed that the substantive scope of the Elections Clause is broad ; that Times, Places, and Manner are comprehensive words which embrace authority to provide for a complete code for congressional elections ; and [t]he power of Congress over the Times, Places and Manner of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith . Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1, 8–9 (2013) (internal quotation marks and citations omitted). Indeed, Congress has plenary and paramount jurisdiction over the whole subject of congressional elections, Ex parte Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power may be exercised as and when Congress sees fit , and so far as it extends and conflicts with the regulations of the State, necessarily supersedes them . Id. At 384. Among other things, Congress finds that the Elections Clause was intended to vindicate the people’s right to equality of representation in the House . Wesberry v. Sanders, 376 U.S. 1, 16 (1964), and to address partisan gerrymandering, Rucho v. Common Cause, 139 S. Ct. 2484 (2019). (2) Congress also finds that it has both the authority and responsibility, as the legislative body for the United States, to fulfill the promise of article IV, section 4, of the Constitution, which states: The United States shall guarantee to every State in this Union a Republican Form of Government[.] . Congress finds that its authority and responsibility to enforce the Guarantee Clause is particularly strong given that Federal courts have not enforced this clause because they understood that its enforcement is committed to Congress by the Constitution. (3) (A) Congress also finds that it has broad authority pursuant to section 5 of the Fourteenth Amendment to legislate to enforce the provisions of the Fourteenth Amendment, including its protections of the right to vote and the democratic process. (B) Section 1 of the Fourteenth Amendment protects the fundamental right to vote, which is of the most fundamental significance under our constitutional structure . Ill. Bd. of Election v. Socialist Workers Party, 440 U.S. 173, 184 (1979); see United States v. Classic, 313 U.S. 299 (1941) ( Obviously included within the right to choose, secured by the Constitution, is the right of qualified voters within a state to cast their ballots and have them counted . . . ). As the Supreme Court has repeatedly affirmed, the right to vote is preservative of all rights , Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886). Section 2 of the Fourteenth Amendment also protects the right to vote, granting Congress additional authority to reduce a State’s representation in Congress when the right to vote is abridged or denied. (C) As a result, Congress finds that it has the authority pursuant to section 5 of the Fourteenth Amendment to protect the right to vote. Congress also finds that States and localities have eroded access to the right to vote through restrictions on the right to vote including excessively onerous voter identification requirements, burdensome voter registration procedures, voter purges, limited and unequal access to voting by mail, polling place closures, unequal distribution of election resources, and other impediments. (D) Congress also finds that the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise . Reynolds v. Sims, 377 U.S. 533, 555 (1964). Congress finds that the right of suffrage has been so diluted and debased by means of gerrymandering of districts. Congress finds that it has authority pursuant to section 5 of the Fourteenth Amendment to remedy this debasement. (4) (A) Congress also finds that it has authority to legislate to eliminate racial discrimination in voting and the democratic process pursuant to both section 5 of the Fourteenth Amendment, which grants equal protection of the laws, and section 2 of the Fifteenth Amendment, which explicitly bars denial or abridgment of the right to vote on account of race, color, or previous condition of servitude. (B) Congress finds that racial discrimination in access to voting and the political process persists. Voting restrictions, redistricting, and other electoral practices and processes continue to disproportionately impact communities of color in the United States and do so as a result of both intentional racial discrimination, structural racism, and the ongoing structural socioeconomic effects of historical racial discrimination. (C) Recent elections and studies have shown that minority communities wait longer in lines to vote, are more likely to have their mail ballots rejected, continue to face intimidation at the polls, are more likely to be disenfranchised by voter purges, and are disproportionately burdened by voter identification and other voter restrictions. Research shows that communities of color are more likely to face nearly every barrier to voting than their white counterparts. (D) Congress finds that racial disparities in disenfranchisement due to past felony convictions is particularly stark. In 2020, according to the Sentencing Project, an estimated 5,200,000 Americans could not vote due to a felony conviction. One in 16 African Americans of voting age is disenfranchised, a rate 3.7 times greater than that of non-African Americans. In seven States—Alabama, Florida, Kentucky, Mississippi, Tennessee, Virginia, and Wyoming—more than one in seven African Americans is disenfranchised, twice the national average for African Americans. Congress finds that felony disenfranchisement was one of the tools of intentional racial discrimination during the Jim Crow era. Congress further finds that current racial disparities in felony disenfranchisement are linked to this history of voter suppression, structural racism in the criminal justice system, and ongoing effects of historical discrimination. (5) (A) Congress finds that it further has the power to protect the right to vote from denial or abridgment on account of sex, age, or ability to pay a poll tax or other tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments. (B) Congress finds that electoral practices including voting rights restoration conditions for people with convictions, voter identification requirements, and other restrictions to the franchise burden voters on account of their ability to pay. (C) Congress further finds that electoral practices including voting restrictions related to college campuses, age restrictions on mail voting, and similar practices burden the right to vote on account of age. 4. Standards for judicial review (a) In general For any action brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. These courts, and the Supreme Court of the United States on a writ of certiorari (if such writ is issued), shall have exclusive jurisdiction to hear such actions. (2) The party filing the action shall concurrently deliver a copy the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying scope of jurisdiction If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress In any action described in subsection (a), any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. A Voting I Election Access 1000. Short title; statement of policy (a) Short title This title may be cited as the Voter Empowerment Act of 2021 . (b) Statement of policy It is the policy of the United States that— (1) the ability of all eligible citizens of the United States to access and exercise their constitutional right to vote in a free, fair, and timely manner must be vigilantly enhanced, protected, and maintained; and (2) the integrity, security, and accountability of the voting process must be vigilantly protected, maintained, and enhanced in order to protect and preserve electoral and participatory democracy in the United States. A Voter Registration Modernization 1000A. Short title This subtitle may be cited as the Voter Registration Modernization Act of 2021 . 1 Promoting Internet Registration 1001. Requiring availability of internet for voter registration (a) Requiring Availability of Internet for Registration The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq.) is amended by inserting after section 6 the following new section: 6A. Internet Registration (a) Requiring Availability of Internet for Online Registration Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): (1) Online application for voter registration. (2) Online assistance to applicants in applying to register to vote. (3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). (4) Online receipt of completed voter registration applications. (b) Acceptance of completed applications A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— (1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and (2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). (c) Signature requirements (1) In general For purposes of this section, an individual meets the requirements of this subsection as follows: (A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. (B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual’s handwritten signature through electronic means. (C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. (2) Treatment of individuals unable to meet requirement If an individual is unable to meet the requirements of paragraph (1), the State shall— (A) permit the individual to complete all other elements of the online voter registration application; (B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and (C) if the individual carries out the steps described in subparagraph (A) and subparagraph (B), ensure that the individual is registered to vote in the State. (3) Notice The State shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). (d) Confirmation and disposition (1) Confirmation of receipt (A) In general Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall provide the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application. (B) Method of notification The appropriate State or local election official shall provide the notice required under subparagraph (A) though the online submission process and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (2) Notice of disposition (A) In general Not later than 7 days after the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall provide the individual a notice of the disposition of the application. (B) Method of notification The appropriate State or local election official shall provide the notice required under subparagraph (A) by regular mail and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (e) Provision of Services in Nonpartisan Manner The services made available under subsection (a) shall be provided in a manner that ensures that— (1) the online application does not seek to influence an applicant’s political preference or party registration; and (2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. (f) Protection of Security of Information In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). (g) Accessibility of services A state shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (h) Nondiscrimination among registered voters using mail and online registration In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail. . (b) Special requirements for individuals using online registration (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(1)(A) ) is amended by striking by mail and inserting by mail or online under section 6A of the National Voter Registration Act of 1993 . (2) Requiring signature for first-time voters in jurisdiction Section 303(b) of such Act ( 52 U.S.C. 21083(b) ) is amended— (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: (5) Signature requirements for first-time voters using online registration (A) In general A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if— (i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and (ii) the individual has not previously voted in an election for Federal office in the State. (B) Requirements An individual meets the requirements of this subparagraph if— (i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or (ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. (C) Inapplicability Subparagraph (A) does not apply in the case of an individual who is— (i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 et seq.); (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (iii) entitled to vote otherwise than in person under any other Federal law. . (3) Conforming amendment relating to effective date Section 303(d)(2)(A) of such Act ( 52 U.S.C. 21083(d)(2)(A) ) is amended by striking Each State and inserting Except as provided in subsection (b)(5), each State . (c) Conforming Amendments (1) Timing of registration Section 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) ) is amended— (A) by striking and at the end of subparagraph (C); (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: (D) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 28 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and . (2) Informing applicants of eligibility requirements and penalties Section 8(a)(5) of such Act ( 52 U.S.C. 20507(a)(5) ) is amended by striking and 7 and inserting 6A, and 7 . 1002. Use of internet to update registration information (a) In General (1) Updates to information contained on computerized statewide voter registration list Section 303(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a) ) is amended by adding at the end the following new paragraph: (6) Use of Internet by registered voters to update information (A) In general The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. (B) Processing of updated information by election officials If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall— (i) revise any information on the computerized list to reflect the update made by the voter; and (ii) if the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election. (C) Confirmation and disposition (i) Confirmation of receipt Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the updated information and providing instructions on how the individual may check the status of the update. (ii) Notice of disposition Not later than 7 days after the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. (iii) Method of notification The appropriate State or local election official shall send the notices required under this subparagraph by regular mail and— (I) in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by electronic mail; and (II) at the option of the individual, by text message. . (2) Conforming amendment relating to effective date Section 303(d)(1)(A) of such Act ( 52 U.S.C. 21083(d)(1)(A) ) is amended by striking subparagraph (B) and inserting subparagraph (B) and subsection (a)(6) . (b) Ability of registrant To use online update To provide information on residence Section 8(d)(2)(A) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2)(A) ) is amended— (1) in the first sentence, by inserting after return the card the following: or update the registrant’s information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002 ; and (2) in the second sentence, by striking returned, and inserting the following: returned or if the registrant does not update the registrant’s information on the computerized Statewide voter registration list using such online method, . 1003. Provision of election information by electronic mail to individuals registered to vote (a) Including Option on Voter Registration Application To Provide E–Mail Address and Receive Information (1) In general Section 9(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508(b) ) is amended— (A) by striking and at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) shall include a space for the applicant to provide (at the applicant’s option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail. . (2) Prohibiting use for purposes unrelated to official duties of election officials Section 9 of such Act ( 52 U.S.C. 20508 ) is amended by adding at the end the following new subsection: (c) Prohibiting use of electronic mail addresses for other than official purposes The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official. . (b) Requiring Provision of Information by Election Officials Section 302(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b) ) is amended by adding at the end the following new paragraph: (3) Provision of other information by electronic mail If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election for Federal office involved, shall provide the individual with information on how to obtain the following information by electronic means: (A) (i) If the individual is assigned to vote in the election at a specific polling place— (I) the name and address of the polling place; and (II) the hours of operation for the polling place. (ii) If the individual is not assigned to vote in the election at a specific polling place— (I) the name and address of locations at which the individual is eligible to vote; and (II) the hours of operation for those locations. (B) A description of any identification or other information the individual may be required to present at the polling place or a location described in subparagraph (A)(ii)(I) to vote in the election. . 1004. Clarification of requirement regarding necessary information to show eligibility to vote Section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a valid voter registration form if— (1) the applicant has substantially completed the application form and attested to the statement required by section 9(b)(2); and (2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section. . 1005. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number (a) Form included with application for motor vehicle driver’s license Section 5(c)(2)(B)(ii) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504(c)(2)(B)(ii) ) is amended by striking the semicolon at the end and inserting the following: , and to the extent that the application requires the applicant to provide a Social Security number, may not require the applicant to provide more than the last 4 digits of such number; . (b) National mail voter registration form Section 9(b)(1) of such Act ( 52 U.S.C. 20508(b)(1) ) is amended by striking the semicolon at the end and inserting the following: , and to the extent that the form requires the applicant to provide a Social Security number, the form may not require the applicant to provide more than the last 4 digits of such number; . 1006. Application of rules to certain exempt States Section 4 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503 ) is amended by adding at the end the following new subsection: (c) Application of Internet voter registration rules Notwithstanding subsection (b), the following provisions shall apply to a State described in paragraph (2) thereof: (1) Section 6A (as added by section 1001(a) of the Voter Registration Modernization Act of 2021). (2) Section 8(a)(1)(D) (as added by section 1001(c)(1) of the Voter Registration Modernization Act of 2021). (3) Section 8(a)(5) (as amended by section 1001(c)(2) of Voter Registration Modernization Act of 2021), but only to the extent such provision relates to section 6A. (4) Section 8(j) (as added by section 1004 of the Voter Registration Modernization Act of 2021), but only to the extent such provision relates to section 6A. . 1007. Report on data collection Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on local, State, and Federal personally identifiable information data collections efforts, the cyber security resources necessary to defend such efforts from online attacks, and the impact of a potential data breach of local, State, or Federal online voter registration systems. 1008. Permitting voter registration application form to serve as application for absentee ballot Section 5(c)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504(c)(2) ) is amended— (1) by striking and at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (F) at the option of the applicant, shall serve as an application to vote by absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State. . 1009. Effective date (a) In General Except as provided in subsection (b), the amendments made by this part (other than the amendments made by section 1004) shall take effect January 1, 2022. (b) Waiver If a State certifies to the Election Assistance Commission not later than January 1, 2022, that the State will not meet the deadline described in subsection (a) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to January 1, 2022 were a reference to January 1, 2024 . 2 Automatic Voter Registration 1011. Short title; findings and purpose (a) Short title This part may be cited as the Automatic Voter Registration Act of 2021 . (b) Findings and purpose (1) Findings Congress finds that— (A) the right to vote is a fundamental right of citizens of the United States; (B) it is the responsibility of the State and Federal Governments to ensure that every eligible citizen is registered to vote; (C) existing voter registration systems can be inaccurate, costly, inaccessible and confusing, with damaging effects on voter participation in elections for Federal office and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and (D) voter registration systems must be updated with 21st Century technologies and procedures to maintain their security. (2) Purpose It is the purpose of this part— (A) to establish that it is the responsibility of government at every level to ensure that all eligible citizens are registered to vote in elections for Federal office; (B) to enable the State and Federal Governments to register all eligible citizens to vote with accurate, cost-efficient, and up-to-date procedures; (C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and (D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens. 1012. Automatic registration of eligible individuals (a) Requiring States to establish and operate automatic registration system (1) In general The chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this part. (2) Definition The term automatic registration means a system that registers an individual to vote in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from government agencies to election officials of the State so that, unless the individual affirmatively declines to be registered, the individual will be registered to vote in such elections. (b) Registration of voters based on new agency records The chief State election official shall— (1) not later than 15 days after a contributing agency has transmitted information with respect to an individual pursuant to section 1013, ensure that the individual is registered to vote in elections for Federal office in the State if the individual is eligible to be registered to vote in such elections; and (2) not later than 120 days after an individual is registered under this part, send written notice to the individual, in addition to other means of notice established by this part, of the individual’s voter registration status. (c) Treatment of individuals under 18 years of age A State may not refuse to treat an individual as an eligible individual for purposes of this part on the grounds that the individual is less than 18 years of age at the time a contributing agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. (d) Contributing agency defined In this part, the term contributing agency means, with respect to a State, an agency listed in section 1013(e). 1013. Contributing agency assistance in registration (a) In general In accordance with this part, each contributing agency in a State shall assist the State’s chief election official in registering to vote all eligible individuals served by that agency. (b) Requirements for contributing agencies (1) Instructions on automatic registration Except as otherwise provided in this section, with each application for service or assistance, and with each related recertification, renewal, or change of address, or, in the case of a covered institution of higher education, upon initial enrollment of an in-State student, each contributing agency (other than a contributing agency described in subsection (e)(1)(B)(ii)) that (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance or enrollment) shall inform each such individual who is a citizen of the United States of the following: (A) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual’s registration will be updated. (B) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications. (C) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. (D) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. (2) Opportunity to decline registration required Except as otherwise provided in this section, each contributing agency shall ensure that each application for service or assistance, and each related recertification, renewal, or change of address, cannot be completed until the individual is given the opportunity to decline to be registered to vote. (3) Information transmittal Each contributing agency shall electronically transmit to the appropriate State election official the following information for each individual described in paragraph (1) who did not decline to be registered to vote: (A) The individual’s given name(s) and surname(s). (B) The individual’s date of birth. (C) The individual’s residential address. (D) Information showing that the individual is a citizen of the United States. (E) The date on which information pertaining to that individual was collected or last updated. (F) If available, the individual’s signature in electronic form. (G) Except in the case in which the contributing agency is a covered institution of higher education, in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, information regarding the individual’s affiliation or enrollment with a political party, but only if the individual provides such information. (H) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, including any valid driver’s license number or the last 4 digits of the individual’s social security number, if the individual provided such information. (4) Provision of information regarding participation in primary elections In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, if the information transmitted under paragraph (3)(G) for an individual does not include information regarding the individual’s affiliation or enrollment with a political party, the chief State election official shall— (A) notify the individual that such affiliation or enrollment is required to participate in primary elections; and (B) provide an opportunity for the individual to update their registration with a party affiliation or enrollment. (5) Clarification Nothing in this section shall be read to require a contributing agency to transmit to an election official the information described in paragraph (3) for an individual who is ineligible to vote in elections for Federal office in the State, except to the extent required to pre-register citizens between 16 and 18 years of age. (c) Alternate procedure for certain contributing agencies (1) In general With each application for service or assistance, and with each related recertification, renewal, or change of address, a contributing agency described in paragraph (2) shall— (A) complete the requirements of section 7(a)(6) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506(a)(6) ); (B) ensure that each applicant’s transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and (C) for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (b)(3). (2) Contributing agencies described The following contributing agencies are described in this paragraph: (A) Any contributing agency (other than a contributing agency that is a covered institution of higher education) that in the normal course of its operations does not request individuals applying for service or assistance to affirm United States citizenship (either directly or as part of the overall application for service or assistance). (B) A contributing agency described in subsection (e)(1)(B)(ii). (d) Required availability of automatic registration opportunity with each application for service or assistance Each contributing agency shall offer each individual, with each application for service or assistance, and with each related recertification, renewal, or change of address, or in the case of an institution of higher education, upon initial enrollment of a student, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. (e) Contributing agencies (1) State agencies In each State, each of the following agencies shall be treated as a contributing agency: (A) Each agency in a State that is required by Federal law to provide voter registration services, including the State motor vehicle authority and voter registration agencies under the National Voter Registration Act of 1993. (B) Each agency in a State that administers a program pursuant to— (i) title III of the Social Security Act ( 42 U.S.C. 501 et seq.); (ii) title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); or (iii) the Patient Protection and Affordable Care Act ( Public Law 111–148 ). (C) Each State agency primarily responsible for regulating the private possession of firearms. (D) Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools, including, where applicable, the State agency responsible for maintaining the education data system described in section 6201(e)(2) of the America COMPETES Act ( 20 U.S.C. 9871(e)(2) ). (E) In the case of a State in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the State agency responsible for administering that sentence, or part thereof, or that restoration of rights. (F) Any other agency of the State which is designated by the State as a contributing agency. (2) Federal agencies In each State, each of the following agencies of the Federal Government shall be treated as a contributing agency with respect to individuals who are residents of that State (except as provided in subparagraph (C)): (A) The Social Security Administration, the Department of Veterans Affairs, the Defense Manpower Data Center of the Department of Defense, the Employee and Training Administration of the Department of Labor, and the Center for Medicare & Medicaid Services of the Department of Health and Human Services. (B) The Bureau of Citizenship and Immigration Services, but only with respect to individuals who have completed the naturalization process. (C) In the case of an individual who is a resident of a State in which an individual disenfranchised by a criminal conviction under Federal law may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the Federal agency responsible for administering that sentence or part thereof (without regard to whether the agency is located in the same State in which the individual is a resident), but only with respect to individuals who have completed the criminal sentence or any part thereof. (D) Any other agency of the Federal government which the State designates as a contributing agency, but only if the State and the head of the agency determine that the agency collects information sufficient to carry out the responsibilities of a contributing agency under this section. (3) Institutions of higher education (A) In general Each covered institution of higher education shall be treated as a contributing agency in the State in which the institution is located with respect to in-State students. (B) Procedures for institutions of higher education Notwithstanding section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly referred to as the Family Educational Rights and Privacy Act of 1974 ) or any other provision of law, each covered institution of higher education shall comply with the requirements of subsection (b) with respect to each in-State student. In complying with such requirements, an institution of higher education— (i) may use information provided in the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ) to collect information described in paragraph (3) of such subsection (b) for purposes of transmitting such information to the appropriate State election official pursuant to such paragraph; (ii) shall not be required to prevent or delay students from enrolling in a course of study or otherwise impede the completion of the enrollment process; (iii) shall not request information on the affiliation or enrollment with a political party of a student in accordance with subsection (b)(3)(G); and (iv) shall not withhold, delay, or impede the provision of Federal financial aid provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.). (C) Clarification Nothing in this part shall be construed to require an institution of higher education to request each student affirm whether or not the student is a United States citizen or otherwise collect information with respect to citizenship. (4) Publication Not later than 180 days prior to the date of each election for Federal office held in the State, the chief State election official shall publish on the public website of the official an updated list of all contributing agencies in that State. (5) Public education The chief State election official of each State, in collaboration with each contributing agency, shall take appropriate measures to educate the public about voter registration under this section. (6) Permitting State medicaid agencies to share information with election officials for voter registration purposes Section 1902(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(7)(A) ) is amended— (A) in clause (i), by striking ; and and inserting a semicolon; and (B) by adding at the end the following new clause: (iii) the provision to an appropriate State election official, in accordance with subsection (c) of section 1013 of the Automatic Voter Registration Act of 2021, of information described in subsection (b)(3) of such section with respect to an applicant or recipient; and . (f) Definitions In this section: (1) Covered institution of higher education The term covered institution of higher education means an institution of higher education that— (A) has a program participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ); (B) is located in a State to which section 4(b)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503(b)(1) ) does not apply. (2) In-state student The term in-State student — (A) means a student enrolled in a covered institution of higher education who— (i) for purposes related to in-State tuition, financial aid eligibility, or other similar purposes, resides in the State; or (ii) the institution otherwise knows maintains permanent residence in the State; and (B) includes a student described in clause (i) or (ii) of subparagraph (A) who is enrolled in a program of distance education, as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). 1014. Voter protection and security in automatic registration (a) Protections for errors in registration An individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds: (1) The individual notified an election office of the individual’s automatic registration to vote under this part. (2) The individual is not eligible to vote in elections for Federal office but was automatically registered to vote under this part. (3) The individual was automatically registered to vote under this part at an incorrect address. (4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration, under this part. (b) Limits on use of automatic registration The automatic registration of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (including through automatic registration) under this part may not be used as evidence against that individual in any State or Federal law enforcement proceeding, and an individual’s lack of knowledge or willfulness of such registration may be demonstrated by the individual’s testimony alone. (c) Protection of election integrity Nothing in subsections (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who— (1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual; or (2) casts a ballot knowingly and willfully in violation of State law or the laws of the United States. (d) Contributing agencies’ protection of information Nothing in this part authorizes a contributing agency to collect, retain, transmit, or publicly disclose any of the following, except as necessary to comply with title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq.): (1) An individual’s decision to decline to register to vote or not to register to vote. (2) An individual’s decision not to affirm his or her citizenship. (3) Any information that a contributing agency transmits pursuant to section 1013(b)(3), except in pursuing the agency’s ordinary course of business. (e) Election officials’ protection of information (1) Public disclosure prohibited (A) In general Subject to subparagraph (B), with respect to any individual for whom any State election official receives information from a contributing agency, the State election officials shall not publicly disclose any of the following: (i) The identity of the contributing agency. (ii) Any information not necessary to voter registration. (iii) Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a) ). (iv) Any portion of the individual’s social security number. (v) Any portion of the individual’s motor vehicle driver’s license number. (vi) The individual’s signature. (vii) The individual’s telephone number. (viii) The individual’s email address. (B) Special rule for individuals registered to vote The prohibition on public disclosure in subparagraph (A) shall not apply with respect to the telephone number or email address of any individual for whom any State election official receives information from a contributing agency and who, on the basis of such information, is registered to vote in the State under this part. (2) Voter record changes Each State shall maintain for at least 2 years and shall make available for public inspection (and, where available, photocopying at a reasonable cost), including in electronic form and through electronic methods, all records of changes to voter records, including removals, the reasons for removals, and updates. (3) Database management standards Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology, in consultation with State and local election officials, shall, after providing the public with notice and the opportunity to comment— (A) establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards the specific data elements, the matching rules used, and how a State may use the data to determine and deem that an individual is ineligible under State law to vote in an election, or to deem a record to be a duplicate or outdated; (B) ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; (C) not later than 45 days after the deadline for public notice and comment, publish the standards developed pursuant to this paragraph on the Director’s website and make those standards available in written form upon request; and (D) ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the security of database management. (4) Security policy (A) In general Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. The standards shall require the chief State election official of each State to adopt a policy that shall specify— (i) each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy, security, and accuracy of the information on the list; and (ii) security safeguards to protect personal information transmitted through the information transmittal processes of section 1013, the online system used pursuant to section 6A of the National Voter Registration Act of 1993 (as added by section 1001), any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system. (B) Maintenance and updating The Director shall ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the privacy and security of voter registration information. (5) State compliance with national standards (A) Certification The chief State election official of the State shall annually file with the Election Assistance Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (3) and (4). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: _____ hereby certifies that it is in compliance with the standards referred to in paragraphs (3) and (4) of section 1014(e) of the Automatic Voter Registration Act of 2021. (with the blank to be filled in with the name of the State involved). (B) Publication of policies and procedures The chief State election official of a State shall publish on the official’s website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request. (C) Funding dependent on certification If a State does not timely file the certification required under this paragraph, it shall not receive any payment under this part for the upcoming fiscal year. (D) Compliance of States that require changes to State law In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted. (f) Restrictions on use of information No person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, juror selection, or enforcement relating to election crimes, any of the following: (1) Voter registration records. (2) An individual’s declination to register to vote or complete an affirmation of citizenship under section 1013(b). (3) An individual’s voter registration status. (g) Prohibition on the use of voter registration information for commercial purposes Information collected under this part shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including the support of campaigns for election for Federal, State, or local public office or the activities of political committees (including committees of political parties) under the Federal Election Campaign Act of 1971. 1015. Payments and grants (a) In general The Election Assistance Commission shall make grants to each eligible State to assist the State in implementing the requirements of this part (or, in the case of an exempt State, in implementing its existing automatic voter registration program or expanding its automatic voter registration program in a manner consistent with the requirements of this part). (b) Eligibility; application A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of the activities the State will carry out with the grant; (2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and (3) such other information and assurances as the Commission may require. (c) Amount of grant; priorities The Commission shall determine the amount of a grant made to an eligible State under this section. In determining the amounts of the grants, the Commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this part (or, in the case of an exempt State, which are most likely to enhance the ability of the State to automatically register individuals to vote through its existing automatic voter registration program), including— (1) investments supporting electronic information transfer, including electronic collection and transfer of signatures, between contributing agencies and the appropriate State election officials; (2) updates to online or electronic voter registration systems already operating as of the date of the enactment of this Act; (3) introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and (4) public education on the availability of new methods of registering to vote, updating registration, and correcting registration. (d) Authorization of appropriations (1) Authorization There are authorized to be appropriated to carry out this section— (A) $500,000,000 for fiscal year 2021; and (B) such sums as may be necessary for each succeeding fiscal year. (2) Continuing availability of funds Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended. 1016. Treatment of exempt States (a) Waiver of requirements Except as provided in subsection (b), this part does not apply with respect to an exempt State. (b) Exceptions The following provisions of this part apply with respect to an exempt State: (1) Section 1015 (relating to payments and grants). (2) Section 1017(e) (relating to enforcement). (3) Section 1017(f) (relating to relation to other laws). 1017. Miscellaneous provisions (a) Accessibility of registration services Each contributing agency shall ensure that the services it provides under this part are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (b) Transmission through secure third party permitted Nothing in this part shall be construed to prevent a contributing agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this part, so long as the data transmittal complies with the applicable requirements of this part, including the privacy and security provisions of section 1014. (c) Nonpartisan, nondiscriminatory provision of services The services made available by contributing agencies under this part and by the State under section 1014 shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506(a) ). (d) Notices Each State may send notices under this part via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. All notices sent pursuant to this part that require a response must offer the individual notified the opportunity to respond at no cost to the individual. (e) Enforcement Section 11 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20510 ), relating to civil enforcement and the availability of private rights of action, shall apply with respect to this part in the same manner as such section applies to such Act. (f) Relation to other laws Except as provided, nothing in this part may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following: (1) The Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.). (2) The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq.). (3) The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq.). (4) The Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq.). (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.). 1018. Definitions In this part, the following definitions apply: (1) The term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act. (2) The term Commission means the Election Assistance Commission. (3) The term exempt State means a State which, under law which is in effect continuously on and after the date of the enactment of this Act, operates a system of automatic registration (as defined in section 1012(a)(2)) at the motor vehicle authority of the State or a Permanent Dividend Fund of the State under which an individual is provided the opportunity to decline registration during the transaction or by way of a notice sent by mail or electronically after the transaction. (4) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 1019. Effective date (a) In general Except as provided in subsection (b), this part and the amendments made by this part shall apply with respect to a State and contributing agencies within a State— (1) beginning January 1, 2023, for State motor vehicle authorities; and (2) beginning January 1, 2025, for all other contributing agencies. (b) Waiver (1) Deadline for State motor vehicle authorities If a State certifies to the Commission not later than January 1, 2023, that the State will not meet the deadline described in subsection (a)(1) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a)(1) shall apply to the State as if the reference in such subsection to January 1, 2023 were a reference to January 1, 2025 . (2) Deadline for all other contributing agencies If a State certifies to the Commission not later than January 1, 2025, that the State will not meet the deadline described in subsection (a)(2) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a)(2) shall apply to the State as if the reference in such subsection to January 1, 2025 were a reference to January 1, 2028 . 3 Same Day Voter Registration 1031. Same day registration (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: 304. Same day registration (a) In general (1) Registration Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election— (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and (B) to cast a vote in such election. (2) Exception The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (b) Eligible individual For purposes of this section, the term eligible individual means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. (c) Ensuring availability of forms The State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual’s voter registration information under this section. (d) Effective date (1) In general Subject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2022 and for any subsequent election for Federal office. (2) Special rules for elections before November 2026 (A) Elections prior to November 2024 general election A State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2022 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2024 if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements. (B) November 2024 general election If a State certifies to the Commission not later than November 5, 2024, that the State will not be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such requirements, the State shall be deemed to be in compliance with the requirements of this section for such election if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements. . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III . (c) Clerical amendments The table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Same day registration. . 4 Conditions on Removal on Basis of Interstate Cross-Checks 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks (a) Minimum information required for removal under cross-check Section 8(c)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(c)(2) ) is amended— (1) by redesignating subparagraph (B) as subparagraph (D); and (2) by inserting after subparagraph (A) the following new subparagraphs: (B) To the extent that the program carried out by a State under subparagraph (A) to systematically remove the names of ineligible voters from the official lists of eligible voters uses information matched in an interstate cross-check, in addition to any other conditions imposed under this Act on the authority of the State to remove the name of the voter from such a list, the State may not remove the name of the voter from such a list unless— (i) the State matched the voter’s full name (including the voter’s middle name, if any) and date of birth, and the last 4 digits of the voter’s social security number, in the interstate cross-check; or (ii) the State matched documentation from the ERIC system that the voter is no longer a resident of the State. (C) In this paragraph— (i) the term interstate cross-check means the transmission of information from an election official in one State to an election official of another State; and (ii) the term ERIC system means the system operated by the Electronic Registration Information Center to share voter registration information and voter identification information among participating States. . (b) Requiring completion of cross-checks not later than 6 months prior to election Subparagraph (A) of section 8(c)(2) of such Act ( 52 U.S.C. 20507(c)(2) ) is amended by striking not later than 90 days and inserting the following: not later than 90 days (or, in the case of a program in which the State uses interstate cross-checks, not later than 6 months) . (c) Conforming amendment Subparagraph (D) of section 8(c)(2) of such Act ( 52 U.S.C. 20507(c)(2) ), as redesignated by subsection (a)(1), is amended by striking Subparagraph (A) and inserting This paragraph . (d) Effective date The amendments made by this Act shall apply with respect to elections held on or after the expiration of the 6-month period which begins on the date of the enactment of this Act. 5 Other Initiatives to Promote Voter Registration 1051. Biennial reports on voter registration statistics (a) Biennial reports Not later than 90 days after the end of each even-numbered year, each State shall submit to the Election Assistance Commission a report containing the following categories of information for the preceding 2 years: (1) The number of individuals who were registered under part 2. (2) The number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the State (pursuant to section 5(e) of the National Voter Registration Act of 1993) and voter registration agencies in the State (as designated under section 7 of such Act) to the chief State election official of the State, broken down by each such authority and agency. (3) The number of such individuals whose voter registration application forms were accepted and who were registered to vote in the State and the number of such individuals whose forms were rejected and who were not registered to vote in the State, broken down by each such authority and agency. (4) The number of change of address forms and other forms of information indicating that an individual’s identifying information has been changed that were transmitted by such motor vehicle authorities and voter registration agencies to the chief State election official of the State, broken down by each such authority and agency and the type of form transmitted. (5) The number of individuals on the Statewide computerized voter registration list (as established and maintained under section 303 of the Help America Vote Act of 2002) whose voter registration information was revised by the chief State election official as a result of the forms transmitted to the official by such motor vehicle authorities and voter registration agencies (as described in paragraph (3)), broken down by each such authority and agency and the type of form transmitted. (6) The number of individuals who requested the chief State election official to revise voter registration information on such list, and the number of individuals whose information was revised as a result of such a request. (b) Breakdown of information In preparing the report under this section, the State shall, for each category of information described in subsection (a), include a breakdown by race, ethnicity, age, and gender of the individuals whose information is included in the category, to the extent that information on the race, ethnicity, age, and gender of such individuals is available to the State. (c) Confidentiality of information In preparing and submitting a report under this section, the chief State election official shall ensure that no information regarding the identification of any individual is revealed. (d) Submission to Congress Not later than 10 days after receiving a report under subsection (a), the Election Assistance Commission shall transmit such report to Congress. (e) State defined In this section, a State includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, but does not include any State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (f) Sense of Congress It is the Sense of Congress that for any State participating in the Election Administration and Voting Survey administered by the Election Assistance Commission, the Commission should use the information submitted in the report under subsection (a) as part of the State’s participation in the survey. 1052. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays (a) In general Section 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) ) is amended by striking 30 days each place it appears and inserting 28 days . (b) Effective date The amendment made by subsection (a) shall apply with respect to elections held in 2022 or any succeeding year. 1053. Use of Postal Service hard copy change of address form to remind individuals to update voter registration (a) In general Not later than 1 year after the date of the enactment of this Act, the Postmaster General shall modify any hard copy change of address form used by the United States Postal Service so that such form contains a reminder that any individual using such form should update the individual’s voter registration as a result of any change in address. (b) Application The requirement in subsection (a) shall not apply to any electronic version of a change of address form used by the United States Postal Service. 1054. Grants to States for activities to encourage involvement of minors in election activities (a) Grants (1) In general The Election Assistance Commission (hereafter in this section referred to as the Commission ) shall make grants to eligible States to enable such States to carry out a plan to increase the involvement of individuals under 18 years of age in public election activities in the State. (2) Contents of plans A State’s plan under this subsection shall include— (A) methods to promote the use of pre-registration processes; (B) modifications to the curriculum of secondary schools in the State to promote civic engagement; and (C) such other activities to encourage the involvement of young people in the electoral process as the State considers appropriate. (b) Eligibility A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of the State’s plan under subsection (a); (2) a description of the performance measures and targets the State will use to determine its success in carrying out the plan; and (3) such other information and assurances as the Commission may require. (c) Period of grant; Report (1) Period of grant A State receiving a grant under this section shall use the funds provided by the grant over a 2-year period agreed to between the State and the Commission. (2) Report Not later than 6 months after the end of the 2-year period agreed to under paragraph (1), the State shall submit to the Commission a report on the activities the State carried out with the funds provided by the grant, and shall include in the report an analysis of the extent to which the State met the performance measures and targets included in its application under subsection (b)(2). (d) State defined In this section, the term State means each of the several States and the District of Columbia. (e) Authorization of appropriations There are authorized to be appropriated for grants under this section $25,000,000, to remain available until expended. 1055. Authorizing the dissemination of voter registration information displays following naturalization ceremonies The Secretary of Homeland Security shall establish a process for authorizing the chief State of a State to disseminate voter registration information at the conclusion of any naturalization ceremony in such State, which may involve a display or exhibit. 1056. Requiring states to establish and operate voter privacy programs (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), is amended— (1) by redesignating sections 305 and 306 as sections 306 and 307, respectively; and (2) by inserting after section 304 the following new section: 305. Voter privacy programs (a) In general Each State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential. (b) Notice Each State shall notify residents of that State of the information that State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and the privacy programs that are available. (c) Public availability Each State shall make information about the program established under subsection (a) available on a publicly accessible website. (d) Definitions In this section: (1) The terms domestic violence , stalking , sexual assault , and dating violence have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (2) The term trafficking means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (e) Effective date Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2023. . (b) Clerical amendments The table of contents of such Act, as amended by section 1031(c), is amended— (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307, respectively; and (2) by inserting after the item relating to section 304 the following new item: Sec. 305. Voter privacy programs. . 1057. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications (a) Definitions In this section: (1) Director The term Director means the Director of the Bureau of Consumer Protection. (2) Federal project-based rental assistance The term Federal project-based rental assistance means project-based rental assistance provided under— (A) section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ); (B) section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ); (C) section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); (D) 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 ); (E) subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12901 et seq.); (F) title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12721 et seq.); (G) the Housing Trust Fund under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4588 ); or (H) subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq.). (3) 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) ). (4) 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) ). (5) 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) Development of uniform statement The Director, in coordination with the Election Assistance Commission, shall develop a uniform statement designed to provide recipients of the statement pursuant to this section of how the recipient can register to vote and the voting rights of the recipient under law. (c) Leases and vouchers for Federally assisted rental housing (1) In general Except as provided in paragraph (2), the Secretary of Housing and Urban Development shall require— (A) 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— (i) together with the lease for the dwelling unit, at the same time the lease is provided to the lessee; and (ii) together with any income verification form, at the same time the form is provided to the lessee; (B) 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— (i) together with the voucher for the assistance, at the time the voucher is issued for the family or individual; and (ii) together with any income verification form, at the same time the form is provided to the applicant or assisted family or individual; and (C) each owner of a dwelling unit assisted with Federal project-based rental assistance to provide a copy of the uniform statement developed pursuant to subsection (b) to provide to the lessee of the dwelling unit— (i) together with the lease for the dwelling unit, at the same time the form is provided to the lessee; and (ii) together with any income verification form, at the same time the form is provided to the applicant or tenant. (2) Rural housing The Secretary of Agriculture shall administer the requirement under paragraph (1)(C) with respect to Federal project-based rental assistance described in subsection (a)(1)(D). (d) Applications for residential mortgage loans The Director shall require each creditor that receives an application (within the meaning of such term as used in the Equal Credit Opportunity Act ( 15 U.S.C. 1691 et seq.)) for a residential mortgage loan 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) Optional completion of application Nothing in this section may be construed to require any individual to complete an application for voter registration. (f) Regulations The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Director may issue such regulations as may be necessary to carry out this section. 6 Availability of HAVA Requirements Payments 1061. Availability of requirements payments under HAVA to cover costs of compliance with new requirements (a) In General Section 251(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21001(b) ) is amended— (1) in paragraph (1), by striking as provided in paragraphs (2) and (3) and inserting as otherwise provided in this subsection ; and (2) by adding at the end the following new paragraph: (4) Certain voter registration activities Notwithstanding paragraph (3), a State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2021, including the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2021. . (b) Conforming Amendment Section 254(a)(1) of such Act ( 52 U.S.C. 21004(a)(1) ) is amended by striking section 251(a)(2) and inserting section 251(b)(2) . (c) Effective Date The amendments made by this section shall apply with respect to fiscal year 2022 and each succeeding fiscal year. 7 Prohibiting Interference With Voter Registration 1071. Prohibiting hindering, interfering with, or preventing voter registration (a) In general Chapter 29 of title 18, United States Code, is amended by adding at the end the following new section: 612. Hindering, interfering with, or preventing registering to vote (a) 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 registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. (b) Attempt Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (c) Penalty Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both. . (b) Clerical amendment The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item: 612. Hindering, interfering with, or preventing registering to vote. . (c) Effective Date The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. 1072. Establishment of best practices (a) Best practices Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission, in consultation with the Department of Justice, shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 1071), and section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in voter information requirements Section 302(b)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b)(2) ) is amended— (1) by striking and at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions. . 8 Voter Registration Efficiency Act 1081. Short title This part may be cited as the Voter Registration Efficiency Act . 1082. Requiring applicants for motor vehicle driver’s licenses in new State to indicate whether State serves as residence for voter registration purposes (a) Requirements for applicants for licenses Section 5(d) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504(d) ) is amended— (1) by striking Any change and inserting (1) Any change ; and (2) by adding at the end the following new paragraph: (2) (A) A State motor vehicle authority shall require each individual applying for a motor vehicle driver’s license in the State— (i) to indicate whether the individual resides in another State or resided in another State prior to applying for the license, and, if so, to identify the State involved; and (ii) to indicate whether the individual intends for the State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office. (B) If pursuant to subparagraph (A)(ii) an individual indicates to the State motor vehicle authority that the individual intends for the State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office, the authority shall notify the motor vehicle authority of the State identified by the individual pursuant to subparagraph (A)(i), who shall notify the chief State election official of such State that the individual no longer intends for that State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office. . (b) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall apply with respect to a State beginning January 1, 2023. (2) Waiver If a State certifies to the Election Assistance Commission not later than January 1, 2023, that the State will not meet the deadline described in paragraph (1) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, paragraph (1) shall apply to the State as if the reference in such paragraph to January 1, 2023 were a reference to January 1, 2025 . 9 Providing Voter Registration Information to Secondary School Students 1091. Pilot program for providing voter registration information to secondary school students prior to graduation (a) Pilot program The Election Assistance Commission (hereafter in this part referred to as the Commission ) shall carry out a pilot program under which the Commission shall provide funds during the one-year period beginning after the date of the enactment of this part to eligible local educational agencies for initiatives to provide information on registering to vote in elections for public office to secondary school students in grade 12. (b) Eligibility A local educational agency is eligible to receive funds under the pilot program under this part if the agency submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of the initiatives the agency intends to carry out with the funds; (2) a description of how the agency will prioritize access to such initiatives for schools that serve— (A) the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); and (B) the highest percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school), as compared to other public schools in the jurisdiction of the agency; (3) an estimate of the costs associated with such initiatives; and (4) such other information and assurances as the Commission may require. (c) Priority for schools receiving title i funds In selecting eligible local educational agencies to receive funds under the pilot program under this part, the Commission shall give priority to local educational agencies that receive funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq.). (d) Consultation with election officials A local educational agency receiving funds under the pilot program shall consult with the State and local election officials who are responsible for administering elections for public office in the area served by the agency in developing the initiatives the agency will carry out with the funds. (e) Definitions In this part, the terms local educational agency and secondary school have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 1092. Reports (a) Reports by recipients of funds Not later than the expiration of the 90-day period which begins on the date of the receipt of the funds, each local educational agency receiving funds under the pilot program under this part shall submit a report to the Commission describing the initiatives carried out with the funds and analyzing their effectiveness. (b) Report by Commission Not later than the expiration of the 60-day period which begins on the date the Commission receives the final report submitted by a local educational agency under subsection (a), the Commission shall submit a report to Congress on the pilot program under this part. 1093. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this part. 10 Voter Registration of Minors 1094. Acceptance of voter registration applications from individuals under 18 years of age (a) Acceptance of applications Section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ), as amended by section 1004, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Acceptance of applications from individuals under 18 years of age (1) In general A State may not refuse to accept or process an individual’s application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. (2) No effect on State voting age requirements Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. . (b) Effective date The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2022. B Access to Voting for Individuals With Disabilities 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a) and section 1056(a), is amended— (1) by redesignating sections 306 and 307 as sections 307 and 308, respectively; and (2) by inserting after section 305 the following new section: 306. Access to voter registration and voting for individuals with disabilities (a) Treatment of applications and ballots Each State shall— (1) ensure that absentee registration forms, absentee ballot applications, and absentee ballots that are available electronically are accessible (as defined in section 307); (2) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; (3) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; (4) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— (A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); (B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c)); and (C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; (5) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); and (6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. (b) Designation of single State office to provide information on registration and absentee ballot procedures for voters with disabilities in State (1) In general Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures, absentee ballot procedures, and in-person voting procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. (2) Responsibilities Each State shall, through the office designated in paragraph (1)— (A) provide information to election officials— (i) on how to set up and operate accessible voting systems; and (ii) regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices; (B) integrate information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials; (C) train poll workers on how to make polling places accessible for individuals with disabilities and older individuals; (D) promote the hiring of individuals with disabilities and older individuals as poll workers and election staff; and (E) publicly post the results of any audits to determine the accessibility of polling places no later than 6 months after the completion of the audit. (c) Designation Of means of electronic communication for individuals with disabilities to request and for states to send voter registration applications and absentee ballot applications, and for other purposes related to voting information (1) In general Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of accessible electronic communication— (A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(4); (B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and (C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. (2) Clarification regarding provision of multiple means of electronic communication A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. (4) Transmission if no preference indicated In the case where an individual with a disability does not designate a preference under subsection (a)(4)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (d) Transmission of blank absentee ballots by mail and electronically (1) In general Each State shall establish procedures— (A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and (B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated In the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (3) Application of methods to track delivery to and return of ballot by individual requesting ballot Under the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot envelope, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. (e) Rule of construction Nothing in this section may be construed to allow a voter's ballot selections to be transmitted over the internet or to allow for the electronic submission of a marked ballot. (f) Individual with a disability defined In this section, an individual with a disability means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office. (g) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2022. . (b) Conforming amendment relating to issuance of voluntary guidance by election assistance commission (1) Timing of issuance Section 311(b) of such Act ( 52 U.S.C. 21101(b) ) is amended— (A) by striking and at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) in the case of the recommendations with respect to section 306, January 1, 2022. . (2) Redesignation (A) In general Title III of such Act ( 52 U.S.C. 21081 et seq.) is amended by redesignating sections 311 and 312 as sections 321 and 322, respectively. (B) Conforming amendment Section 322(a) of such Act, as redesignated by subparagraph (A), is amended by striking section 312 and inserting section 322 . (c) Clerical amendments The table of contents of such Act, as amended by section 1031(c) and section 1056(b), is amended— (1) by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308, respectively; and (2) by inserting after the item relating to section 305 the following new item: Sec. 306. Access to voter registration and voting for individuals with disabilities. . 1102. Establishment and maintenance of State accessible election websites (a) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a), and section 1101(a), is amended— (1) by redesignating sections 307 and 308 as sections 308 and 309, respectively; and (2) by inserting after section 306 the following: 307. Establishment and maintenance of accessible election websites (a) In general Not later than January 1, 2023, each State shall establish a single election website that is accessible and meets the following requirements: (1) Local election officials The website shall provide local election officials, poll workers, and volunteers with— (A) guidance to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (B) online training and resources on— (i) how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office; and (ii) the voting rights and protections for individuals with disabilities and older individuals under State and Federal law. (2) Voters The website shall provide information about voting, including— (A) the accessibility of all polling places within the State, including outreach programs to inform individuals about the availability of accessible polling places; (B) how to register to vote and confirm voter registration in the State; (C) the location and operating hours of all polling places in the State; (D) the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters at polling places; (E) the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals; (F) the rights and protections under State and Federal law for individuals with disabilities and older individuals to participate in elections; and (G) how to contact State, local, and Federal officials with complaints or grievances if individuals with disabilities, older individuals, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language feel their ability to register to vote or vote has been blocked or delayed. (b) Partnership with outside technical organization The chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to— (1) update an existing election website to make it fully accessible in accordance with this section; or (2) develop an election website that is fully accessible in accordance with this section. (c) State plan (1) Development The chief State election official of each State shall, through a committee of appropriate individuals as described in paragraph (2), develop a State plan that describes how the State and local governments will meet the requirements under this section. (2) Committee membership The committee shall comprise at least the following individuals: (A) The chief election officials of the four most populous jurisdictions within the State. (B) The chief election officials of the four least populous jurisdictions within the State. (C) Representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability. (D) Representatives from two older individual advocacy groups, including at least one such representative who is an older individual. (E) Representatives from two independent non-governmental organizations with expertise in establishing and maintaining accessible websites. (F) Representatives from two independent non-governmental voting rights organizations. (G) Representatives from State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (d) Partnership To monitor and verify accessibility The chief State election official of each eligible State, through the committee of appropriate individuals under subsection (c)(2), shall partner with at least two of the following organizations to monitor and verify the accessibility of the election website and the completeness of the election information and the accuracy of the disability information provided on such website: (1) University Centers for Excellence in Developmental Disabilities Education, Research, and Services designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ). (2) Centers for Independent Living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq.). (3) A State Council on Developmental Disabilities described in section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ). (4) State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (5) Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ). (6) State Assistive Technology Act Programs. (7) A visual access advocacy organization. (8) An organization for the deaf. (9) A mental health organization. (e) Definitions For purposes of this section, section 305, and section 307: (1) Accessible The term accessible means— (A) in the case of the election website under subsection (a) or an electronic communication under section 305— (i) that the functions and content of the website or electronic communication, including all text, visual, and aural content, are as accessible to people with disabilities as to those without disabilities; (ii) that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the English language; and (iii) that the website or electronic communication meets, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines); and (B) in the case of a facility (including a polling place), that the facility is readily accessible to and usable by individuals with disabilities and older individuals, as determined under the 2010 ADA Standards for Accessible Design adopted by the Department of Justice (or any successor standards). (2) Individual with a disability The term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ), and who is otherwise qualified to vote in elections for Federal office. (3) Older individual The term older individual means an individual who is 60 years of age or older and who is otherwise qualified to vote in elections for Federal office. (4) State The term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. . (b) Voluntary guidance Section 321(b)(4) such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b), is amended by striking section 306 and inserting sections 306 and 307 . (c) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1056(b), and section 1101(c), is amended— (1) by redesignating the items relating to sections 307 and 308 as relating to sections 308 and 309, respectively; and (2) by inserting after the item relating to section 306 the following new item: Sec. 307. Establishment and maintenance of accessible election websites. . 1103. Protections for in-person voting for individuals with disabilities and older individuals (a) Requirement (1) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a), section 1101(a), and section 1102(a), is amended— (A) by redesignating sections 308 and 309 as sections 309 and 310, respectively; and (B) by inserting after section 307 the following: 308. Access to voting for individuals with disabilities and older individuals (a) In general Each State shall— (1) ensure all polling places within the State are accessible, as defined in section 306; (2) consider procedures to address long wait times at polling places that allow individuals with disabilities and older individuals alternate options to cast a ballot in person in an election for Federal office, such as the option to cast a ballot outside of the polling place or from a vehicle, or providing an expedited voting line; and (3) consider options to establish mobile polling sites to allow election officials or volunteers to travel to long-term care facilities and assist residents who request assistance in casting a ballot in order to maintain the privacy and independence of voters in these facilities. (b) Clarification Nothing in this section may be construed to alter the requirements under Federal law that all polling places for Federal elections are accessible to individuals with disabilities and older individuals. (c) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2024. . (2) Voluntary guidance Section 321(b)(4) such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by section 1102, is amended by striking and 307 and inserting , 307, and 308 . (3) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1056(b), section 1101(c), and section 1102(c), is amended— (A) by redesignating the items relating to sections 308 and 309 as relating to sections 309 and 310, respectively; and (B) by inserting after the item relating to section 307 the following new item: Sec. 308. Access to voting for individuals with disabilities and older individuals. . (b) Revisions to Voting Accessibility for the Elderly and Handicapped Act (1) Reports to Election Assistance Commission Section 3(c) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(c) ) is amended— (A) in the subsection heading, by striking Federal Election Commission and inserting Election Assistance Commission ; (B) in each of paragraphs (1) and (2), by striking Federal Election Commission and inserting Election Assistance Commission ; and (C) by striking paragraph (3). (2) Conforming amendments relating to references The Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 et seq.), as amended by paragraph (1), is amended— (A) by striking handicapped and elderly individuals each place it appears and inserting individuals with disabilities and older individuals ; (B) by striking handicapped and elderly voters each place it appears and inserting individuals with disabilities and older individuals ; (C) in section 3(b)(2)(B), by striking handicapped or elderly voter and inserting individual with a disability or older individual ; (D) in section 5(b), by striking handicapped voter and inserting individual with a disability ; and (E) in section 8— (i) by striking paragraphs (1) and (2) and inserting the following: (1) accessible has the meaning given that term in section 307 of the Help America Vote Act of 2002, as added by section 1102(a) of the For the People Act of 2021 ; (2) older individual has the meaning given that term in such section 307; ; and (ii) by striking paragraph (4), and inserting the following: (4) individual with a disability has the meaning given that term in such section 306; and . (3) Short title amendment (A) In general Section 1 of the Voting Accessibility for the Elderly and Handicapped Act ( Public Law 98–435 ; 42 U.S.C. 1973ee note) is amended by striking for the Elderly and Handicapped and inserting for Individuals with Disabilities and Older Individuals . (B) References Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the Voting Accessibility for the Elderly and Handicapped Act shall be deemed to be a reference to the Voting Accessibility for Individuals with Disabilities and Older Individuals Act . (4) Effective date The amendments made by this subsection shall take effect on January 1, 2024, and apply to with respect to elections for Federal office held on or after that date. 1104. Protections for individuals subject to guardianship (a) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a), section 1101(a), section 1102(a), and section 1103(a)(1), is amended— (1) by redesignating sections 309 and 310 as sections 310 and 311, respectively; and (2) by inserting after section 308 the following: 309. Protections for individuals subject to guardianship (a) In general A State shall not determine that an individual lacks the capacity to vote in an election for Federal office on the ground that the individual is subject to guardianship, unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process. (b) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2022. . (b) Voluntary guidance Section 321(b)(4) such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102 and 1103, is amended by striking and 308 and inserting 308, and 309 . (c) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1056(b), section 1101(c), section 1102(c), and section 1103(a)(3), is amended— (1) by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311, respectively; and (2) by inserting after the item relating to section 308 the following new item: Sec. 309. Access to voting for individuals with disabilities and older individuals. . 1105. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities (a) Purposes of payments Section 261(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21021(b) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; (2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities. . (b) Reauthorization Section 264(a) of such Act ( 52 U.S.C. 21024(a) ) is amended by adding at the end the following new paragraph: (4) For fiscal year 2022 and each succeeding fiscal year, such sums as may be necessary to carry out this part. . (c) Period of availability of funds Section 264 of such Act ( 52 U.S.C. 21024 ) is amended— (1) in subsection (b), by striking Any amounts and inserting Except as provided in subsection (b), any amounts ; and (2) by adding at the end the following new subsection: (c) Return and transfer of certain funds (1) Deadline for obligation and expenditure In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2022 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. (2) Reallocation of transferred amounts (A) In general The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. (B) Covered payment recipients described In subparagraph (A), a covered payment recipient is a State or unit of local government with respect to which— (i) amounts were appropriated pursuant to the authority of subsection (a); and (ii) no amounts were transferred to the Commission under paragraph (1). . 1106. Appointments to EAC Board of Advisors (a) In general Section 214(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20944(a) ) is amended— (1) in the matter preceding paragraph (1), by striking 37 and inserting 61 ; and (2) by adding at the end the following new paragraphs: (17) Two members appointed by the National Council on Disability. (18) Two members appointed by the Assistant Secretary of Health and Human Services for Aging. (19) Four members from organizations, whose executive leadership team consists of fifty-one percent of individuals with disabilities, representing the interests of voters with disabilities, of whom— (A) two members shall be appointed by the Committee on House Administration of the House of Representatives, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member; and (B) two members shall be appointed by the Committee on Rules and Administration of the Senate, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member. (20) Four members from organizations representing the interests of older voters, of whom— (A) two members shall be appointed by the Committee on House Administration, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member; and (B) two members shall be appointed by the Committee on Rules and Administration of the Senate, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member. (21) Twelve members who are nationally recognized subject matter experts regarding election integrity, having specializations to include election cybersecurity, authentication, accessibility, transparency, verification, and auditing, and who are not full-time election officials, of whom— (A) two members shall be appointed by the Cybersecurity and Infrastructure Security Agency; (B) two members shall be appointed by the National Science Foundation; (C) two members shall be appointed by the Institute for Defense Analyses; (D) two members shall be appointed by the Association for Computing Machinery; (E) two members shall be appointed by the National Association of State Chief Information Officers; (F) one member shall be appointed by the Center for Internet Security; and (G) one member shall be the Director of the Elections Infrastructure Information Sharing and Analysis Center, or the Director’s designee. . (b) Effective date The amendments made by subsection (a) shall take effect on January 1, 2022. 1107. Funding for protection and advocacy systems (a) Inclusion of system serving American Indian Consortium Section 291(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21061(a) ) is amended by striking of each State and inserting of each State and the eligible system serving the American Indian consortium (within the meaning of section 509(c)(1)(B) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e(c)(1)(B) )) . (b) Grant amount Section 291(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21061(b) ) is amended— (1) by striking as set forth in subsections (c)(3) and inserting as set forth in subsections (c)(1)(B) (regardless of the fiscal year), (c)(3) ; and (2) by striking except that and all that follows and inserting except that the amount of the grants to systems referred to in subsection (c)(3)(B) of that section shall not be less than $70,000 and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4)(B) of that section shall not be less than $35,000. . (c) Definition Section 291 of the Help America Vote Act of 2002 ( 52 U.S.C. 21061 ) is amended by adding at the end the following: (d) State In this section, the term State means— (1) a State as defined in section 901; and (2) the Commonwealth of the Northern Mariana Islands. . 1108. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences (a) Establishment of pilot programs The Election Assistance Commission (hereafter referred to as the Commission ) shall, subject to the availability of appropriations to carry out this section, make grants to eligible States to conduct pilot programs under which individuals with disabilities may use electronic means (including the internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots in a manner which permits such individuals to do so privately and independently at their own residences. (b) Reports (1) In general A State receiving a grant for a year under this section shall submit a report to the Commission on the pilot programs the State carried out with the grant with respect to elections for public office held in the State during the year. (2) Deadline A State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year. (c) Eligibility A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require. (d) Timing The Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2022, or, at the option of a State, with respect to other elections for public office held in the State in 2022. (e) State defined In this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. 1109. GAO analysis and report on voting access for individuals with disabilities (a) Analysis The Comptroller General of the United States shall conduct an analysis after each regularly scheduled general election for Federal office with respect to the following: (1) In relation to polling places located in houses of worship or other facilities that may be exempt from accessibility requirements under the Americans with Disabilities Act— (A) efforts to overcome accessibility challenges posed by such facilities; and (B) the extent to which such facilities are used as polling places in elections for Federal office. (2) Assistance provided by the Election Assistance Commission, Department of Justice, or other Federal agencies to help State and local officials improve voting access for individuals with disabilities during elections for Federal office. (3) When accessible voting machines are available at a polling place, the extent to which such machines— (A) are located in places that are difficult to access; (B) malfunction; or (C) fail to provide sufficient privacy to ensure that the ballot of the individual cannot be seen by another individual. (4) The process by which Federal, State, and local governments track compliance with accessibility requirements related to voting access, including methods to receive and address complaints. (5) The extent to which poll workers receive training on how to assist individuals with disabilities, including the receipt by such poll workers of information on legal requirements related to voting rights for individuals with disabilities. (6) The extent and effectiveness of training provided to poll workers on the operation of accessible voting machines. (7) The extent to which individuals with a developmental or psychiatric disability experience greater barriers to voting, and whether poll worker training adequately addresses the needs of such individuals. (8) The extent to which State or local governments employ, or attempt to employ, individuals with disabilities to work at polling sites. (b) Report (1) In general Not later than 9 months after the date of a regularly scheduled general election for Federal office, the Comptroller General shall submit to the appropriate congressional committees a report with respect to the most recent regularly scheduled general election for Federal office that contains the following: (A) The analysis required by subsection (a). (B) Recommendations, as appropriate, to promote the use of best practices used by State and local officials to address barriers to accessibility and privacy concerns for individuals with disabilities in elections for Federal office. (2) Appropriate congressional committees For purposes of this subsection, the term appropriate congressional committees means— (A) the Committee on House Administration of the House of Representatives; (B) the Committee on Rules and Administration of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate. C Prohibiting Voter Caging 1201. Voter caging and other questionable challenges prohibited (a) Definitions In this section— (1) the term voter caging document means— (A) a non-forwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or (B) any document with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant, unless at least two Federal election cycles have passed since the date of the attempted delivery; (2) the term voter caging list means a list of individuals compiled from voter caging documents; and (3) the term unverified match list means a list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar’s jurisdiction, by virtue of death, conviction, change of address, or otherwise; unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual. (b) Prohibition against voter caging No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual’s registration status or eligibility to vote, if the basis for such decision is evidence consisting of— (1) a voter caging document or voter caging list; (2) an unverified match list; (3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual’s eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes ( 52 U.S.C. 10101(a)(2)(B) ); or (4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual’s ineligibility to register or vote. (c) Requirements for challenges by persons other than election officials (1) Requirements for challenges No person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge with respect to each individual challenged regarding the grounds for ineligibility which is— (A) documented in writing; and (B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the age, race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph. (2) Prohibition on challenges on or near date of election No person, other than a State or local election official, shall be permitted— (A) to challenge an individual’s eligibility to vote in an election for Federal office on Election Day on grounds that could have been made in advance of such day, or (B) to challenge an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. (d) Enforcement (1) Civil enforcement (A) In general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section. (B) Private right of action (i) In general A person who is aggrieved by a violation of this section may provide written notice of the violation to— (I) in the case of a violation of subsection (b), the chief election official of the State involved; and (II) in the case of a violation of subsection (c), the Attorney General. (ii) Relief Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (iii) Exception If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. (2) Criminal penalty Whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense. (e) No effect on related laws Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq.) or to affect the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.). 1202. Development and adoption of best practices for preventing voter caging (a) Best practices Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission, in consultation with the Department of Justice, shall develop and publish for the use of States recommendations for best practices to deter and prevent violations of section 1201, including practices to provide for the posting of relevant information at polling places and voter registration agencies, the training of poll workers and election officials, and relevant educational measures. For purposes of this subsection, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in voting information requirements Section 302(b)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b)(2) ), as amended by section 1072(b), is amended— (1) by striking and at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (H) information relating to the prohibition against voter caging and other questionable challenges (as set forth in section 1201 of the For the People Act of 2021), including information on how individuals may report allegations of violations of such prohibition. . D Prohibiting Deceptive Practices and Preventing Voter Intimidation 1301. Short title This subtitle may be cited as the Deceptive Practices and Voter Intimidation Prevention Act of 2021 . 1302. 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, civil, or other legal 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), including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government. (5) Election described An election described in this paragraph is any general, primary, runoff, 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) In general Whenever any person ; and (B) by adding at the end the following new paragraph: (2) Civil action Any person aggrieved by a violation of this section 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 Section 2004 of the Revised Statutes ( 52 U.S.C. 10101 ) is amended— (A) in subsection (e), by striking subsection (c) and inserting subsection (c)(1) ; and (B) in subsection (g), 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, runoff, 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 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, civil, or other legal 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, runoff, 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, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress. . (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 . 1303. 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 1302(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 subtitle. 1304. 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 1302(a), relating to the general election for Federal office and any primary, runoff, 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 1302(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 1302(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. E Democracy Restoration 1401. Short title This subtitle may be cited as the Democracy Restoration Act of 2021 . 1402. Findings Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas in which discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections— (A) the lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) State disenfranchisement laws vary widely. Two States (Maine and Vermont) and the Commonwealth of Puerto Rico do not disenfranchise individuals with criminal convictions at all. In 2020, the District of Columbia re-enfranchised its citizens who are under the supervision of the Federal Bureau of Prisons. In 30 States, individuals with convictions may not vote while they are on parole and 28 of those States disenfranchise individuals on felony probation as well. In 11 States, a conviction can result in lifetime disenfranchisement. (6) Several States deny the right to vote to individuals convicted of certain misdemeanors. (7) In 2020, an estimated 5,200,000 citizens of the United States, or about 1 in 44 adults in the United States, could not vote as a result of a felony conviction. Of the 5,200,000 citizens barred from voting then, only 24 percent were in prison. By contrast, 75 percent of persons disenfranchised then resided in their communities while on probation or parole or after having completed their sentences. Approximately 2,200,000 citizens who had completed their sentences were disenfranchised due to restrictive State laws. As of November 2018, the lifetime ban for persons with certain felony convictions was eliminated through a Florida ballot initiative. As a result, as many as 1,400,000 people are now eligible to have their voting rights restored. In 4 States—Alabama, Florida, Mississippi, and Tennessee—more than 7 percent of the total population is disenfranchised. (8) In those States that disenfranchise individuals post-sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals sometimes must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (9) Many felony disenfranchisement laws today derive directly from post-Civil War efforts to stifle the Fourteenth and Fifteenth Amendments. Between 1865 and 1880, at least 14 states—Alabama, Arkansas, Colorado, Florida, Georgia, Illinois, Mississippi, Missouri, Nebraska, New York, North Carolina, South Carolina, Tennessee, and Texas—enacted or expanded their felony disenfranchisement laws. One of the primary goals of these laws was to prevent African Americans from voting. Of the states that enacted or expanded their felony disenfranchisement laws during this post-Civil War period, at least 11 continue to preclude persons on felony probation or parole from voting. (10) Latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. In recent years, Latinos have been imprisoned at 2.5 times the rate of Whites. More than 2 percent of the voting-age Latino population, or 560,000 Latinos, are disenfranchised due to a felony conviction. In 34 states Latinos are disenfranchised at a higher rate than the general population. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent; Wyoming, 4 percent), twice the national average for Latinos. (11) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (12) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. Models of successful re-entry for persons convicted of a crime emphasize the importance of community ties, feeling vested and integrated, and prosocial attitudes. Individuals with criminal convictions who succeed in avoiding recidivism are typically more likely to see themselves as law-abiding members of the community. Restoration of voting rights builds those qualities and facilitates reintegration into the community. That is why allowing citizens with criminal convictions who are living in a community to vote is correlated with a lower likelihood of recidivism. Restoration of voting rights thus reduces violence and protects public safety. (13) The United States is one of the only Western democracies that permits the permanent denial of voting rights for individuals with felony convictions. (14) The Eighth Amendment’s prohibition on cruel and unusual punishments guarantees individuals the right not to be subjected to excessive sanctions. (Roper v. Simmons, 543 U.S. 551, 560 (2005)). That right stems from the basic precept of justice that punishment for crime should be graduated and proportioned to [the] offense. Id. (quoting Weems v. United States, 217 U.S. 349, 367 (1910)). As the Supreme Court has long recognized, [t]he concept of proportionality is central to the Eighth Amendment. (Graham v. Florida, 560 U.S. 48, 59 (2010)). Many State disenfranchisement laws are grossly disproportional to the offenses that lead to disenfranchisement and thus violate the bar on cruel and unusual punishments. For example, a number of states mandate lifetime disenfranchisement for a single felony conviction or just two felony convictions, even where the convictions were for non-violent offenses. In numerous other States, disenfranchisement can last years or even decades while individuals remain on probation or parole, often only because a person cannot pay their legal financial obligations. These kinds of extreme voting bans run afoul of the Eighth Amendment. (15) The Twenty-Fourth Amendment provides that the right to vote shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. . Section 2 of the Twenty-Fourth Amendment gives Congress the power to enforce this article by appropriate legislation. Court fines and fees that individuals must pay to have their voting rights restored constitute an other tax for purposes of the Twenty-Fourth Amendment. At least five States explicitly require the payment of fines and fees before individuals with felony convictions can have their voting rights restored. More than 20 other states effectively tie the right to vote to the payment of fines and fees, by requiring that individuals complete their probation or parole before their rights are restored. In these States, the non-payment of fines and fees is a basis on which probation or parole can be extended. Moreover, these states sometimes do not record the basis on which an individual’s probation or parole was extended, making it impossible to determine from the State’s records whether non-payment of fines and fees is the reason that an individual remains on probation or parole. For these reasons, the only way to ensure that States do not deny the right to vote based solely on non-payment of fines and fees is to prevent States from conditioning voting rights on the completion of probation or parole. 1403. Rights of citizens The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. 1404. Enforcement (a) Attorney general The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle. (b) Private right of action (1) In general A person who is aggrieved by a violation of this subtitle may provide written notice of the violation to the chief election official of the State involved. (2) Relief Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. 1405. Notification of restoration of voting rights (a) State notification (1) Notification On the date determined under paragraph (2), each State shall— (A) notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual— (i) has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 ; and (ii) may register to vote in any such election; and (B) provide such individual with any materials that are necessary to register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal notification (1) Notification Any individual who has been convicted of a criminal offense under Federal law— (A) shall be notified in accordance with paragraph (2) that such individual— (i) has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 ; and (ii) may register to vote in any such election; and (B) shall be provided with any materials that are necessary to register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given— (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. 1406. Definitions For purposes of this subtitle: (1) Correctional institution or facility The term correctional institution or facility means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election The term election means— (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office The term Federal office means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. (4) Probation The term probation means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning— (A) the individual’s freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. 1407. Relation to other laws (a) State laws relating to voting rights Nothing in this subtitle may be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this subtitle. (b) Certain Federal Acts The rights and remedies established by this subtitle— (1) are in addition to all other rights and remedies provided by law, and (2) shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.) or the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq.). 1408. Federal prison funds No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that person has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under section 1403. 1409. Effective date This subtitle shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act. F Promoting Accuracy, Integrity, and Security Through Voter-Verifiable Permanent Paper Ballot 1501. Short title This subtitle may be cited as the Voter Confidence and Increased Accessibility Act of 2021 . 1502. Paper ballot and manual counting requirements (a) In general Section 301(a)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(2) ) is amended to read as follows: (2) Paper ballot requirement (A) Voter-verifiable paper ballots (i) Paper ballot requirement (I) The voting system shall require the use of an individual, durable, voter-verifiable paper ballot of the voter’s vote selections that shall be marked by the voter and presented to the voter for physical verification before the voter’s ballot is preserved in accordance with clause (ii), and which shall be counted by hand or other counting device or read by a ballot tabulation device. For purposes of this subclause, the term individual, durable, voter-verifiable paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option at every in-person voting location to mark by hand a printed ballot that includes all relevant contests and candidates. (II) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verifiable paper ballot is preserved in accordance with clause (ii). (III) The voting system shall not preserve the voter-verifiable paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote selections. (IV) The voting system shall prevent, through mechanical means or through independently verified protections, the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to subclause (II). (ii) Preservation as official record The individual, durable, voter-verifiable paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. (iii) Manual counting requirements for recounts and audits (I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, and such ballots, or at least those ballots the machine could not count, shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. (II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verifiable paper ballots used pursuant to clause (i), and subject to subparagraph (B), the individual, durable, voter-verifiable paper ballots shall be the true and correct record of the votes cast. (iv) Application to all ballots The requirements of this subparagraph shall apply to all ballots cast in elections for Federal office, including ballots cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act and other absentee voters. (v) Sense of congress It is the sense of Congress that as innovation occurs in the election infrastructure sector, Congress should ensure that this Act and other Federal requirements for voting systems are updated to keep pace with best practices and recommendations for security and accessibility. (B) Special rule for treatment of disputes when paper ballots have been shown to be compromised (i) In general In the event that— (I) there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verifiable paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and (II) it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State and Federal law, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result. (ii) Rule for consideration of ballots associated with each voting machine For purposes of clause (i), only the paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots. . (b) Conforming amendment clarifying applicability of alternative language accessibility Section 301(a)(4) of such Act ( 52 U.S.C. 21081(a)(4) ) is amended by inserting (including the paper ballots required to be used under paragraph (2)) after voting system . (c) Other conforming amendments Section 301(a)(1) of such Act ( 52 U.S.C. 21081(a)(1) ) is amended— (1) in subparagraph (A)(i), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (2) in subparagraph (A)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (3) in subparagraph (A)(iii), by striking counted each place it appears and inserting counted, in accordance with paragraphs (2) and (3) ; and (4) in subparagraph (B)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) . 1503. Accessibility and ballot verification for individuals with disabilities (a) In general Paragraph (3) of section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(3) ) is amended to read as follows: (3) Accessibility for individuals with disabilities (A) In general The voting system shall— (i) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; (ii) (I) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verifiable paper ballot; and (II) satisfy the requirement of clause (i) through the use at in-person polling locations of a sufficient number (not less than one) of voting systems equipped to serve individuals with and without disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired; and (iii) if purchased with funds made available under title II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph). (B) Means of meeting requirements A voting system may meet the requirements of subparagraph (A)(i) and paragraph (2)(A) by— (i) allowing the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote tabulation or auditing; (ii) allowing the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot; (iii) marking ballots that are identical in size, ink, and paper stock to those ballots that would either be marked by hand or be marked by a ballot marking device made generally available to voters; and (iv) combining ballots produced by any ballot marking devices reserved for individuals with disabilities with ballots that have either been marked by voters by hand or marked by ballot marking devices made generally available to voters, in a way that prevents identification of the ballots that were cast using any ballot marking device that was reserved for individuals with disabilities. (C) Sufficient number For purposes of subparagraph (A)(ii)(II), the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the Attorney General, in consultation with the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) ) (commonly referred to as the United States Access Board) and the Commission. . (b) Specific requirement of study, testing, and development of accessible voting options (1) Study and reporting Subtitle C of title II of such Act ( 52 U.S.C. 21081 et seq.) is amended— (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: 247. Study and report on accessible voting options (a) Grants to study and report The Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 2 eligible entities to study, test, and develop— (1) accessible and secure remote voting systems; (2) voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities; or (3) both of the matters described in paragraph (1) and (2). (b) Eligibility An entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2024; and (2) such other information and certifications as the Commission may require. (c) Availability of technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination with grants for technology improvements The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of appropriations There is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended— (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: Sec. 247. Study and report on accessible voting options. . (c) Clarification of accessibility standards under voluntary voting system guidance In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. (d) Permitting use of funds for protection and advocacy systems To support actions To enforce election-Related disability access Section 292(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21062(a) ) is amended by striking ; except that and all that follows and inserting a period. 1504. Durability and readability requirements for ballots Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ) is amended by adding at the end the following new paragraph: (7) Durability and readability requirements for ballots (A) Durability requirements for paper ballots (i) In general All voter-verifiable paper ballots required to be used under this Act shall be marked or printed on durable paper. (ii) Definition For purposes of this Act, paper is durable if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots, and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months. (B) Readability requirements for paper ballots marked by ballot marking device All voter-verifiable paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by a ballot tabulation device or other device equipped for individuals with disabilities. . 1505. Study and report on optimal ballot design (a) Study The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors. (b) Report Not later than January 1, 2022, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). 1506. Paper ballot printing requirements Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by section 1504, is further amended by adding at the end the following new paragraph: (8) Printing requirements for ballots To the extent practical, all paper ballots used in an election for Federal office shall be printed in the United States on paper manufactured in the United States. . 1507. Ballot marking device cybersecurity requirements Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by sections 1504 and 1506, is further amended by adding at the end the following new paragraph: (9) Prohibition of use of wireless communications devices in systems or devices No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters (except as necessary for individuals with disabilities to use ballot marking devices that meet the accessibility requirements of paragraph (3)), or upon which votes are cast, tabulated, or aggregated shall contain, use, or be accessible by any wireless, power-line, or concealed communication device. (10) Prohibiting connection of system to the internet No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters, or upon which votes are cast, tabulated, or aggregated shall be connected to the internet or any non-local computer system via telephone or other communication network at any time. . 1508. Effective date for new requirements Section 301(d) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(d) ) is amended to read as follows: (d) Effective Date (1) In general Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. (2) Special rule for certain requirements (A) In general Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State or jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 shall apply with respect to voting systems used for any election for Federal office held in 2022 or any succeeding year. (B) Delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2020 (i) Delay In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to 2022 were a reference to the applicable year , but only with respect to the following requirements of this section: (I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of voter-verifiable paper ballots). (II) Paragraph (7) of subsection (a) (relating to durability and readability requirements for ballots). (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used voter-verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i)(I) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021), for the administration of the regularly scheduled general election for Federal office held in November 2020; and (II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. (iii) Applicable year (I) In general Except as provided in subclause (II), the term applicable year means 2026. (II) Extension If a State or jurisdiction certifies to the Commission not later than January 1, 2026, that the State or jurisdiction will not meet the requirements described in subclauses (I) and (II) of clause (i) by such date because it would be impractical to do so and includes in the certification the reasons for the failure to meet the deadline, the term applicable year means 2030. (iv) Mandatory availability of paper ballots at polling places using grandfathered printers and systems (I) Requiring ballots to be offered and provided The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. (II) Treatment of ballot Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. (III) Posting of notice The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a printed blank paper ballot. The notice shall take into consideration factors including the linguistic preferences of voters in the jurisdiction. (IV) Training of election officials The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank printed paper ballot. (V) Period of applicability The requirements of this clause apply only during the period in which the delay is in effect under clause (i). (C) Delay for certain jurisdictions using voting systems with wireless communication devices or internet connections (i) Delay In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to 2022 were a reference to the applicable year , but only with respect to the following requirements of this section. (I) Paragraph (9) of subsection (a) (relating to prohibition of wireless communication devices) (II) Paragraph (10) of subsection (a) (relating to prohibition of connecting systems to the internet) (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used a voting system which is not in compliance with paragraphs (9) or (10) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021) for the administration of the regularly scheduled general election for Federal office held in November 2020; and (II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. (iii) Applicable year (I) In general Except as provided in subclause (II), the term applicable year means 2026. (II) Extension If a State or jurisdiction certifies to the Commission not later than January 1, 2026, that the State or jurisdiction will not meet the requirements described in subclauses (I) and (II) of clause (i) by such date because it would be impractical to do so and includes in the certification the reasons for the failure to meet the deadline, the term applicable year means 2030. . G Provisional Ballots 1601. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards (a) In general Section 302 of the Help America Vote Act of 2002 ( 52 U.S.C. 21082 ) is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: (d) Counting of provisional ballots (1) In general For purposes of subsection (a)(4), if a provisional ballot is cast within the same county in which the voter is registered or otherwise eligible to vote, then notwithstanding the precinct or polling place at which a provisional ballot is cast within the county, the appropriate election official of the jurisdiction in which the individual is registered or otherwise eligible to vote shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. (2) Rule of construction Nothing in this subsection shall prohibit a State or jurisdiction from counting a provisional ballot which is cast in a different county within the State than the county in which the voter is registered or otherwise eligible to vote. (3) Effective date This subsection shall apply with respect to elections held on or after January 1, 2022. (e) Uniform and nondiscriminatory standards (1) In general Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. (2) Effective date This subsection shall apply with respect to elections held on or after January 1, 2022. . (b) Conforming amendment Section 302(f) of such Act ( 52 U.S.C. 21082(f) ), as redesignated by subsection (a), is amended by striking Each State and inserting Except as provided in subsections (d)(3) and (e)(2), each State . H Early Voting 1611. Early voting (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a), section 1101(a), section 1102(a), section 1103(a), and section 1104(a), is amended— (1) by redesignating sections 310 and 311 as sections 311 and 312, respectively; and (2) by inserting after section 309 the following new section: 310. Early voting (a) Requiring Voting Prior to Date of Election Each State shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in a manner that allows the individual to receive, complete, and cast their ballot in-person. (b) Minimum early voting requirements (1) In general (A) Length of period The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends no earlier than the second day before the date of the election. (B) Hours for early voting Each polling place which allows voting during an early voting period under subparagraph (A) shall— (i) allow such voting for no less than 10 hours on each day during the period; (ii) have uniform hours each day for which such voting occurs; and (iii) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). (2) Requirements for vote-by-mail jurisdictions In the case of a jurisdiction that sends every registered voter a ballot by mail— (A) paragraph (1) shall not apply; (B) such jurisdiction shall allow eligible individuals to vote during an early voting period that ensures voters are provided the greatest opportunity to cast ballots ahead of election day and which includes at least one consecutive Saturday and Sunday; and (C) each polling place which allows voting during an early voting period under subparagraph (B) shall allow such voting— (i) during the election office’s regular business hours; and (ii) for a period of not less than 8 hours on Saturdays and Sundays included in the early voting period. (3) Requirements for small jurisdictions (A) In general In the case of a jurisdiction described in subparagraph (B)— (i) paragraph (1)(B) shall not apply; and (ii) each polling place which allows voting during the early voting period described in paragraph (1)(A) shall allow such voting— (I) during the election office’s regular business hours; and (II) for a period of not less than 8 hours on Saturdays and Sundays included in the early voting period. (B) Jurisdiction described A jurisdiction is described in this subparagraph if such jurisdiction— (i) had less than 3,000 registered voters at the time of the most recent prior election for Federal office; and (ii) consists of a geographic area that is smaller than the jurisdiction of the county in which such jurisdiction is located. (4) Rule of construction Nothing in this subsection shall be construed— (A) to limit the availability of additional temporary voting sites which provide voters more opportunities to cast their ballots but which do not meet the requirements of this subsection; (B) to limit a polling place from being open for additional hours outside of the uniform hours set for the polling location on any day of the early voting period; or (C) to limit a State or jurisdiction from offering early voting on the Monday before election day. (c) Location of polling places (1) Proximity to public transportation To the greatest extent practicable, each State and jurisdiction shall ensure that each polling place which allows voting during an early voting period under subsection (b) is located within walking distance of a stop on a public transportation route. (2) Availability in rural areas In the case of a jurisdiction that includes a rural area, the State or jurisdiction shall— (A) ensure that polling places which allow voting during an early voting period under subsection (b) will be located in such rural areas; and (B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. (3) College campuses In the case of a jurisdiction that includes an institution of higher education, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places which allow voting during the early voting period under subsection (b) will be located on the campus of the institution of higher education; and (B) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. (d) Standards Not later than June 30, 2022, the Commission shall issue voluntary standards for the administration of voting during voting periods which occur prior to the date of a Federal election. Subject to subsection (c), such voluntary standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. (e) Ballot processing and scanning requirements (1) In general Each State or jurisdiction shall begin processing and scanning ballots cast during in-person early voting for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State may begin processing and scanning ballots cast during in-person early voting for tabulation after such date if the date on which the State begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation Nothing in this subsection shall be construed— (A) to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. (f) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Conforming amendments relating to issuance of voluntary guidance by Election Assistance Commission Section 321(b) of such Act ( 52 U.S.C. 21101(b) ), as redesignated and amended by section 1101(b), is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ; and ; and (3) by adding at the end the following new paragraph: (5) except as provided in paragraph (4), in the case of the recommendations with respect to any section added by the For the People Act of 2021, June 30, 2022. . (c) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1056(b), section 1101(c), section 1102(c), section 1103(a), and section 1104(c), is amended— (1) by redesignating the items relating to sections 310 and 311 as relating to sections 311 and 312, respectively; and (2) by inserting after the item relating to section 309 the following new item: Sec. 310. Early voting. . I Voting by Mail 1621. Voting by mail (a) In general (1) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), and section 1611(a), is amended— (A) by redesignating sections 311 and 312 as sections 312 and 313, respectively; and (B) by inserting after section 310 the following new section: 311. Promoting ability of voters to vote by mail (a) Uniform availability of absentee voting to all voters (1) In general If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. (2) Administration of voting by mail (A) Prohibiting identification requirement as condition of obtaining ballot A State may not require an individual to provide any form of identification as a condition of obtaining an absentee ballot, except that nothing in this subparagraph may be construed to prevent a State from requiring— (i) identifying information as part of a voter registration application (including the voter’s date of birth or the last four digits of the voter's social security number); or (ii) a signature of the individual or similar affirmation as a condition of obtaining an absentee ballot. (B) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prohibit a State from enforcing a law which has a witness signature requirement for a ballot where a voter oath is attested to with a mark rather than a voter’s signature. (3) No effect on identification requirements for first-time voters registering by mail Nothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section or to exempt an individual described in paragraph (5)(A) of section 303(b) from meeting the requirements of paragraph (5)(B). (b) Due process requirements for States requiring signature verification (1) Requirement (A) In general A State may not impose a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). (B) Signature verification requirement described In this subsection, a signature verification requirement is a requirement that an election official verify the identification of an individual by comparing the individual’s signature on the mail-in ballot or absentee ballot with the individual’s signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. (2) Due process requirements (A) Notice and opportunity to cure discrepancy in signatures If an individual submits a mail-in ballot or an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (i) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (II) if such discrepancy is not cured prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (B) Notice and opportunity to cure missing signature or other defect If an individual submits a mail-in ballot or an absentee ballot without a signature or submits a mail-in ballot or an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (i) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) the ballot did not include a signature or has some other defect; and (II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (C) Other requirements (i) In general An election official may not make a determination that a discrepancy exists between the signature on a mail-in ballot or an absentee ballot and the signature of the individual who submits the ballot on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless— (I) at least 2 election officials make the determination; (II) each official who makes the determination has received training in procedures used to verify signatures; and (III) of the officials who make the determination, at least one is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (ii) Exception Clause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. (3) Report (A) In general Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: (i) The number of ballots invalidated due to a discrepancy under this subsection. (ii) Description of attempts to contact voters to provide notice as required by this subsection. (iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. (B) Submission to Congress Not later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress. (C) Federal election cycle defined For purposes of this subsection, the term Federal election cycle means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election. (4) Rule of construction Nothing in this subsection shall be construed— (A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or (B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual’s signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. (c) Applications for absentee ballots (1) In general In addition to such other methods as the State may establish for an individual to apply for an absentee ballot, each State shall permit an individual to submit an application for an absentee ballot online. (2) Treatment of websites A State shall be considered to meet the requirements of paragraph (1) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual— (A) to print the application so that the individual may complete the application and return it to the official; or (B) to request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official. (3) Ensuring delivery prior to election (A) In general If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than the date that is 5 days before the applicable date, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. (B) Applications received close to election day If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official after the date described in subparagraph (A) but not later than the applicable date, the election official shall, to the greatest extent practical, ensure that the ballot and related voting materials are mailed to the individual within 1 business day of the receipt of the application. (C) Applicable date For purposes of this paragraph, the term applicable date means, with respect to any election for Federal office, the date that is 7 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election. (D) Rule of construction Nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after the applicable date. (4) Application for all future elections At the option of an individual, a State shall treat the individual's application to vote by absentee ballot by mail in an election for Federal office as an application for an absentee ballot by mail in all subsequent Federal elections held in the State. (d) Accessibility for individuals with disabilities Each State shall ensure that all absentee ballot applications, absentee ballots, and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters. (e) Uniform deadline for acceptance of mailed ballots (1) In General A State or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if— (A) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election, or has been signed by the voter on or before the date of the election; and (B) the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election. (2) Rule of construction Nothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. (f) Alternative methods of returning ballots (1) In general In addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, each State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including— (A) permitting the individual to deliver the ballot to a polling place within the jurisdiction in which the individual is registered or otherwise eligible to vote on any date on which voting in the election is held at the polling place; and (B) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally designated building, or the office of a State or local election official. (2) Permitting voters to designate other person to return ballot A State— (A) shall permit a voter to designate any person to return a voted and sealed absentee ballot to the post office, a ballot drop-off location, tribally designated building, or election office so long as the person designated to return the ballot does not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization provides compensation on this basis; and (B) may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office, a ballot drop-off location, tribally designated building, or election office. (g) Ballot processing and scanning requirements (1) In general Each State or jurisdiction shall begin processing and scanning ballots cast by mail for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State may begin processing and scanning ballots cast by mail for tabulation after such date if the date on which the State begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation Nothing in this subsection shall be construed— (A) to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. (h) Prohibiting certain restrictions on access to voting materials (1) Distribution of absentee ballot applications by third parties A State may not prohibit any person from providing an application for an absentee ballot in the election to any individual who is eligible to vote in the election. (2) Unsolicited provision of voter registration applications by election officials A State may not prohibit an election official from providing an unsolicited application to register to vote in an election for Federal office to any individual who is eligible to register to vote in the election. (i) Rule of construction Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. (j) No effect on ballots submitted by absent military and overseas voters Nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq.). (k) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (2) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1056(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), and section 1611(c), is amended— (A) by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313, respectively; and (B) by inserting after the item relating to section 310 the following new item: Sec. 311. Promoting ability of voters to vote by mail. . (b) Same-day processing of absentee ballots (1) In general Chapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Same-day processing of ballots (a) In general The Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that facility or post office. (b) Definitions As used in this section— (1) the term ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. . (2) Technical and conforming amendment The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Same-day processing of ballots. . (3) Effective date The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2022. (c) Development of alternative verification methods (1) Development of standards The National Institute of Standards, in consultation with the Election Assistance Commission, shall develop standards for the use of alternative methods which could be used in place of signature verification requirements for purposes of verifying the identification of an individual voting by mail-in or absentee ballot in elections for Federal office. (2) Public notice and comment The National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1). (3) Deadline Not later than 2 years after the date of the enactment of this Act, the National Institute of Standards shall publish the standards developed under paragraph (1). 1622. Balloting materials tracking program (a) In general (1) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1611(a), and section 1621(a), is amended— (A) by redesignating sections 312 and 313 as sections 313 and 314, respectively; and (B) by inserting after section 311 the following new section: 312. Ballot materials tracking program (a) Requirement Each State shall carry out a program to track and confirm the receipt of mail-in ballots and absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of such voted ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot. (b) Means of carrying out program A State may meet the requirements of subsection (a)— (1) through a program— (A) which is established by the State; (B) under which the State or local election official responsible for the receipt of voted mail-in ballots and voted absentee ballots in the election— (i) carries out procedures to track and confirm the receipt of such ballots; and (ii) makes information on the receipt of such ballots available to the individual who cast the ballot; and (C) which meets the requirements of subsection (c); or (2) through the ballot materials tracking service established under section 1622(b) of the For the People Act of 2021. (c) State program requirements The requirements of this subsection are as follows: (1) Information on whether vote was accepted The information referred to under subsection (b)(1)(B)(ii) with respect to the receipt of mail-in ballot or an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. (2) Availability of information Information on whether a ballot was accepted or rejected shall be available within 1 business day of the State accepting or rejecting the ballot. (3) Accessibility of information (A) In general Except as provided under subparagraph (B), the information provided under the program shall be available by means of online access using the internet site of the State or local election office. (B) Use of Toll-Free Telephone Number by Officials Without Internet Site In the case of a State or local election official whose office does not have an internet site, the program shall require the official to establish a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under subsection (b)(1)(B). (d) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office. . (2) Conforming amendments Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a) ) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). (b) Balloting materials tracking service (1) In general Not later than January 1, 2024, the Secretary of Homeland Security, in consultation with the Chair of the Election Assistance Commission, the Postmaster General, the Director of the General Services Administration, the Presidential designee, and State election officials, shall establish a balloting materials tracking service to be used by State and local jurisdictions to inform voters on the status of voter registration applications, absentee ballot applications, absentee ballots, and mail-in ballots. (2) Information tracked The balloting materials tracking service established under paragraph (1) shall provide to a voter the following information with respect to that voter: (A) In the case of balloting materials sent by mail, tracking information from the United States Postal Service and the Presidential designee on balloting materials sent to the voter and, to the extent feasible, returned by the voter. (B) The date on which any request by the voter for an application for voter registration or an absentee ballot was received. (C) The date on which any such requested application was sent to the voter. (D) The date on which any such completed application was received from the voter and the status of such application. (E) The date on which any mail-in ballot or absentee ballot was sent to the voter. (F) The date on which any mail-in ballot or absentee ballot was received by the voter. (G) The date on which the post office processes the ballot. (H) The date on which post office delivered the ballot to the election office. (I) Whether such ballot was accepted and counted, and in the case of any ballot not counted, the reason why the ballot was not counted. The information described in subparagraph (I) shall be available not later than 1 day after a determination is made on whether or not to accept and count the ballot. (3) Method of providing information The balloting materials tracking service established under paragraph (1) shall allow voters the option to receive the information described in paragraph (2) through email (or other electronic means) or through the mail. (4) Prohibition on fees The Director may not charge any fee to a State or jurisdiction for use of the balloting materials tracking service in connection with any Federal, State, or local election. (5) Presidential designee For purposes of this subsection, the term Presidential designee means the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 30201 ). (6) Authorization of appropriations There are authorized to be appropriated to the Director such sums as are necessary for purposes of carrying out this subsection. (c) Reimbursement for costs incurred by states in establishing program Subtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part: 7 Payments to reimburse states for costs incurred in establishing program to track and confirm receipt of absentee ballots 297. Payments to states (a) Payments for costs of program In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 312(b)(1) (including costs incurred prior to the date of the enactment of this part). (b) Certification of compliance and costs (1) Certification required In order to receive a payment under this section, a State shall submit to the Commission a statement containing— (A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and (B) a statement of the costs incurred by the State in establishing the program. (2) Amount of payment The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of— (A) the number of jurisdictions in the State which are responsible for operating the program; and (B) $3,000. (3) Limit on number of payments received A State may not receive more than one payment under this part. 297A. Authorization of appropriations (a) Authorization There are authorized to be appropriated to the Commission for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary for payments under this part. (b) Continuing availability of funds Any amounts appropriated pursuant to the authorization under this section shall remain available until expended. . (d) Clerical amendments The table of contents of such Act, as amended by section 1031(c), 1056(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1611(c), and section 1621(a), is amended— (1) by adding at the end of the items relating to subtitle D of title II the following: PART 7—Payments to reimburse states for costs incurred in establishing program to track and confirm receipt of absentee ballots Sec. 297. Payments to states. Sec. 297A. Authorization of appropriations. ; (2) by redesignating the items relating to sections 312 and 313 as relating to sections 313 and 314, respectively; and (3) by inserting after the item relating to section 311 the following new item: Sec. 312. Absentee ballot tracking program. . 1623. Election mail and delivery improvements (a) Postmark required for ballots (1) In general Chapter 34 of title 39, United States Code, as amended by section 1621(b), is amended by adding at the end the following: 3408. Postmark required for ballots (a) In general In the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise— (1) the fact that the ballot was carried by the Postal Service; and (2) the date on which the ballot was mailed. (b) Definitions As used in this section— (1) the term absentee ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. . (2) Technical and conforming amendment The table of sections for chapter 34 of title 39, United States Code, as amended by section 1621(b), is amended by adding at the end the following: 3408. Postmark required for ballots. . (3) Effective date The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2022. (b) Greater visibility for ballots (1) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1611(a), section 1621(a), and section 1622(a), is amended— (A) by redesignating sections 313 and 314 as sections 314 and 315, respectively; and (B) by inserting after section 312 the following new section: 313. Ballot visibility (a) In general Each State or local election official shall— (1) affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of official ballots relating to an election for Federal office that is destined for a domestic or international address; (2) use the Official Election Mail logo to designate official ballots relating to an election for Federal office that is destined for a domestic or international address; and (3) if an intelligent mail barcode is utilized for any official ballot relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible. (b) Effective date The requirements of this section shall apply to elections for Federal office occurring on and after January 1, 2022. . (2) Voluntary guidance Section 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103 and 1104, is amended by striking and 309 and inserting 309, and 313 . (3) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1056(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1611(c), section 1621(a), and section 1622(a), is amended— (A) by redesignating the items relating to sections 313 and 314 as relating to sections 314 and 315; and (B) by inserting after the item relating to section 312 the following new item: Sec. 313. Ballot visibility. . 1624. Carriage of election mail (a) Treatment of election mail (1) Treatment as first-class mail; free postage Chapter 34 of title 39, United States Code, as amended by section 1623(a), is amended by adding at the end the following: 3409. Domestic election mail; restriction of operational changes prior to elections (a) Definition In this section, the term election mail means— (1) a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office; (2) a blank or completed absentee and other mail-in ballot application form, and a blank or completed absentee or other mail-in ballot, relating to an election for Federal office, and (3) other materials relating to an election for Federal office that are mailed by a State or local election official to an individual who is registered to vote. (b) Carriage of election mail Election mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act), individually or in bulk, shall be carried— (1) in accordance with the service standards established for first-class mail under section 3691; and (2) free of postage. (c) Restriction of operational changes During the 120-day period which ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of election mail. This subsection applies to operational changes which include— (1) removing or eliminating any mail collection box without immediately replacing it; and (2) removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. (d) Election mail coordinator The Postal Service shall appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials in regards to the mailing of election mail. . (2) Reimbursement of Postal Service for revenue forgone Section 2401(c) of title 39, United States Code, is amended by striking sections 3217 and 3403 through 3406 and inserting sections 3217, 3403 through 3406, and 3409 . (b) Technical and conforming amendment The table of sections for chapter 34 of title 39, United States Code, as amended by section 1623(a), is amended by adding at the end the following: 3409. Domestic election mail; restriction of operational changes prior to elections. . (c) Effective date The amendments made by this section shall apply to election mail relating to an election for Federal office occurring on or after January 1, 2022. J Absent Uniformed Services Voters and Overseas Voters 1701. Pre-election reports on availability and transmission of absentee ballots Section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(c) ) is amended to read as follows: (c) Reports on Availability, transmission, and receipt of absentee ballots (1) Pre-election report on absentee ballot availability Not later than 55 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General certifying that absentee ballots for the election are or will be available for transmission to absent uniformed services voters and overseas voters by not later than 46 days before the election. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election. (2) Pre-election report on absentee ballots transmitted (A) In general Not later than 43 days before any election for Federal office held in a State, the chief State election official of such State shall submit a report containing the information in subparagraph (B) to the Attorney General. (B) Information reported The report under subparagraph (A) shall consist of the following: (i) The total number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 47th day before the election by each unit of local government within the State that will transmit absentee ballots. (ii) The total number of ballots transmitted to such voters by the 46th day before the election by each unit of local government within the State that will administer the election. (iii) Specific information about any late transmitted ballots. (C) Requirement to supplement incomplete information If the report under subparagraph (A) has incomplete information on any items required to be included in the report, the chief State election official shall make all reasonable efforts to expeditiously supplement the report with complete information. (D) Format The report under subparagraph (A) shall be in a format prescribed by the Attorney General in consultation with the chief State election officials of each State. (3) Post-election report on number of absentee ballots transmitted and received Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Election Assistance Commission on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public that same day. . 1702. Enforcement (a) Availability of civil penalties and private rights of action Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20307 ) is amended to read as follows: 105. Enforcement (a) Action by Attorney General (1) In general The Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (2) Penalty In a civil action brought under paragraph (1), if the court finds that the State, a local election official, or unit of local government violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State, local election official, or unit of local government— (A) in an amount not to exceed $110,000 for each such violation, in the case of a first violation; or (B) in an amount not to exceed $220,000 for each such violation, for any subsequent violation. (3) Report to Congress Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under paragraph (1) during the preceding year. (b) Private right of action A person who is aggrieved by a violation of this title by a State, a local election official, or unit of local government may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (c) State as only necessary defendant In any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section. (d) Rule of construction Nothing in this section shall be construed to prohibit an election official or a unit of local government from being named as a defendant. . (b) Effective date The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act. 1703. Transmission requirements; repeal of waiver provision (a) In general Paragraph (8) of section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a) ) is amended to read as follows: (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g); . (b) Ballot transmission requirements and repeal of waiver provision Subsection (g) of section 102 of such Act ( 52 U.S.C. 20302(g) ) is amended to read as follows: (g) Ballot transmission requirements (1) In general For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 47 days before an election for Federal office, the following rules shall apply: (A) Transmission deadline The State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time (i) In general If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide for the return of such ballot by express delivery. (iii) Cost of express delivery In any case in which express delivery is required under this subparagraph, the cost of such express delivery— (I) shall not be paid by the voter; and (II) if determined appropriate by the chief State election official, may be required by the State to be paid by a local jurisdiction. (iv) Exception Clause (ii)(II) shall not apply when an absent uniformed services voter or overseas voter indicates the preference to return the late sent absentee ballot by electronic transmission in a State that permits return of an absentee ballot by electronic transmission. (v) Enforcement A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to fully resolve or prevent ongoing, future, or systematic violations of this provision or to effectuate the purposes of this Act. (C) Special procedure in event of disaster If a disaster (hurricane, tornado, earthquake, storm, volcanic eruption, landslide, fire, flood, or explosion), or an act of terrorism prevents the State from transmitting any absentee ballot by the 46th day before the election as required by subparagraph (A), the chief State election official shall notify the Attorney General as soon as practicable and take all actions necessary, including seeking any necessary judicial relief, to ensure that affected absent uniformed services voters and overseas voters are provided a reasonable opportunity to receive and return their absentee ballots in time to be counted. (2) Requests received after 47th day before election For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 47 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request. . 1704. Use of single absentee ballot application for subsequent elections (a) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20306 ) is amended to read as follows: 104. Treatment of ballot requests (a) In general If a State accepts and processes an official post card form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the end of the calendar year following the next regularly scheduled general election for Federal office, the State shall provide an absentee ballot to the voter for each such subsequent election. (b) Exception for voters changing registration Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. (c) Prohibition of refusal of application on grounds of early submission A State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens. . (b) Requirement for revision to postcard form (1) In general The Presidential designee shall ensure that the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(b)(2) ) enables a voter using the form to— (A) request an absentee ballot for each election for Federal office held in a State through the end of the calendar year following the next regularly scheduled general election for Federal office; or (B) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in subparagraph (A). (2) Presidential designee For purposes of this paragraph, the term Presidential designee means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(a) ). (c) Effective date The amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of the enactment of this Act. 1705. Extending guarantee of residency for voting purposes to family members of absent military personnel Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 ), as amended by section 1622, is amended by adding at the end the following new subsection: (i) Guarantee of residency for spouses and dependents of absent members of uniformed service For the purposes of voting in any election for any Federal office or any State or local office, a spouse or dependent of an individual who is an absent uniformed services voter described in subparagraph (A) or (B) of section 107(1) shall not, solely by reason of that individual’s absence and without regard to whether or not such spouse or dependent is accompanying that individual— (1) be deemed to have lost a residence or domicile in that State, without regard to whether or not that individual intends to return to that State; (2) be deemed to have acquired a residence or domicile in any other State; or (3) be deemed to have become a resident in or a resident of any other State. . 1706. Technical clarifications to conform to 2009 move act amendments related to the federal write-in absentee ballot (a) In general Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a)(3) ) is amended by striking general elections and inserting general, special, primary, and runoff elections . (b) Conforming amendment Section 103 of such Act ( 52 U.S.C. 20303 ) is amended— (1) in subsection (b)(2)(B), by striking general ; and (2) in the heading thereof, by striking general . 1707. Treatment of post card registration requests Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 ), as amended by sections 1622 and 1705, is amended by adding at the end the following new subsection: (j) Treatment of post card registrations A State shall not remove any absent uniformed services voter or overseas voter who has registered to vote using the official post card form (prescribed under section 101) from the official list of registered voters except in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ). . 1708. Applicability to Commonwealth of the Northern Mariana Islands Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310 ) are each amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands . 1709. Elimination of 14-day time period between general election and runoff election for Federal elections in the Virgin Islands and Guam Section 2 of the Act entitled An Act to provide that the unincorporated territories of Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of Representatives , approved April 10, 1972 ( 48 U.S.C. 1712 ), is amended— (1) by striking (a) The Delegate and inserting The Delegate ; (2) by striking on the fourteenth day following such an election in the fourth sentence of subsection (a); and (3) by striking subsection (b). 1710. Department of justice report on voter disenfranchisement Not later than 1 year of enactment of this Act, the Attorney General shall submit to Congress a report on the impact of wide-spread mail-in voting on the ability of active duty military servicemembers to vote, how quickly their votes are counted, and whether higher volumes of mail-in votes makes it harder for such individuals to vote in elections for Federal elections. 1711. Effective date Except as provided in section 1702(b) and section 1704(b), the amendments made by this subtitle shall apply with respect to elections occurring on or after January 1, 2022. K Poll Worker Recruitment and Training 1801. Grants to States for poll worker recruitment and training (a) Grants by Election Assistance Commission (1) In general The Election Assistance Commission (hereafter referred to as the Commission ) shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for recruiting and training individuals to serve as poll workers on dates of elections for public office. (2) Use of Commission materials In carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training, and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning. (3) Access and cultural considerations The Commission shall ensure that the manual described in paragraph (2) provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services, including those with limited English proficiency, diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation, or gender identity. These methods must ensure that each voter will have access to poll worker services that are delivered in a manner that meets the unique needs of the voter. (b) Requirements for Eligibility (1) Application Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. (2) Contents of Application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (C) provide assurances that the State will furnish the Commission with information on the number of individuals who served as poll workers after recruitment and training with the funds provided under this section; (D) provide assurances that the State will dedicate poll worker recruitment efforts with respect to— (i) youth and minors, including by recruiting at institutions of higher education and secondary education; and (ii) diversity, including with respect to race, ethnicity, and disability; and (E) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (c) Amount of Grant (1) In general The amount of a grant made to a State under this section shall be equal to the product of— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined In paragraph (1), the voting age population percentage for a State is the quotient of— (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (d) Reports to Congress (1) Reports by recipients of grants Not later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant. (2) Reports by Commission Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. (e) Funding (1) Continuing availability of amount appropriated Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. (2) Administrative expenses Of the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission. 1802. State defined In this subtitle, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. L Enhancement of Enforcement 1811. Enhancement of enforcement of Help America Vote Act of 2002 (a) Complaints; availability of private right of action Section 401 of the Help America Vote Act of 2002 ( 52 U.S.C. 21111 ) is amended— (1) by striking The Attorney General and inserting (a) In General.— The Attorney General ; and (2) by adding at the end the following new subsections: (b) Filing of Complaints by Aggrieved Persons A person who is aggrieved by a violation of title III which has occurred, is occurring, or is about to occur may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (c) Availability of private right of action Any person who is authorized to file a complaint under subsection (b) (including any individual who seeks to enforce the individual’s right to a voter-verifiable paper ballot, the right to have the voter-verifiable paper ballot counted in accordance with this Act, or any other right under title III) may file an action under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ) to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle A of title III. (d) No effect on State procedures Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection. . (b) Effective date The amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2022 or any succeeding year. M Federal Election Integrity 1821. Prohibition on campaign activities by chief State election administration officials (a) In General Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.) is amended by inserting after section 319 the following new section: 319A. Campaign activities by chief State election administration officials (a) Prohibition It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. (b) Chief State election administration official The term chief State election administration official means the highest State official with responsibility for the administration of Federal elections under State law. (c) Active part in political management or in a political campaign The term active part in political management or in a political campaign means— (1) holding any position (including any unpaid or honorary position) with an authorized committee of a candidate, or participating in any decision making of an authorized committee of a candidate; (2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; (3) the solicitation, acceptance, or receipt of a contribution from any person on behalf of a candidate for Federal office; and (4) any other act which would be prohibited under paragraph (2) or (3) of section 7323(b) of title 5, United States Code, if taken by an individual to whom such paragraph applies (other than any prohibition on running for public office). (d) Exception in case of recusal from administration of elections involving official or immediate family member (1) In general This section does not apply to a chief State election administration official with respect to an election for Federal office in which the official or an immediate family member of the official is a candidate, but only if— (A) such official recuses himself or herself from all of the official’s responsibilities for the administration of such election; and (B) the official who assumes responsibility for supervising the administration of the election does not report directly to such official. (2) Immediate family member defined In paragraph (1), the term immediate family member means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law. . (b) Effective Date The amendments made by subsection (a) shall apply with respect to elections for Federal office held after December 2021. N Promoting Voter Access Through Election Administration Improvements 1 Promoting Voter Access 1901. Treatment of institutions of higher education (a) Treatment of certain institutions as voter registration agencies under national voter registration act of 1993 Section 7(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506(a) ) is amended— (1) in paragraph (2)— (A) by striking and at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ; and ; and (C) by adding at the end the following new subparagraph: (C) each institution of higher education which has a program participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ), other than an institution which is treated as a contributing agency under section 1013 of the For the People Act of 2021. ; and (2) in paragraph (6)(A), by inserting or, in the case of an institution of higher education, upon initial enrollment of a student, after assistance, . (b) Responsibilities of institutions under higher education act of 1965 Section 487(a)(23) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(23) ) is amended to read as follows: (23) (A) The institution will make every reasonable effort to— (i) distribute voter registration applications for elections for Federal office using a form that meets the requirements of section 9(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508 ), which may include sharing a direct, guided link to such application, to each student enrolled at the institution who has not been automatically registered to vote by the institution in accordance with section 1013 of the For the People Act of 2021, including students who do not qualify as an in-State student as defined in section 1013(f)(2) of the For the People Act of 2021; (ii) provide clear guidance that each student enrolled at the institution should— (I) register in the State in which the student is eligible to vote in the next election if registration is required, which may include informing students from another State of the ability to vote in the State of the institution in which the students are enrolled and physically in attendance, in accordance with applicable State law; and (II) in the case of a student who has already registered to vote in a State described in subclause (I), update the student’s existing voter registration if the student’s address has changed recently or since the last election in which the student was eligible to vote; (iii) periodically share credible, nonpartisan resources (to be identified in consultation with the Election Assistance Commission) to help students determine where and how they are eligible to vote, which may include resources from State and local election officials on voter registration and voting requirements, including voter registration deadlines, residency requirements, voter identification requirements, and absentee voting options, as applicable; and (iv) in distributing voting materials (as defined in section 203(b)(3) of the Voting Rights Act of 1965 ( 52 U.S.C. 10503(b)(3) ) that are produced by a covered State or political subdivision described in subsection 203(b)(2) of such Act, ensure to the greatest extent practicable that— (I) such voting materials are provided in accordance with section 203 of that Act ( 52 U.S.C. 10503 ); and (II) all materials and information made available electronically under this paragraph— (aa) are accessible to individuals with disabilities; and (bb) are compliant with the most recent Web Content Accessibility Guidelines, or successor guidelines. (B) An institution shall be considered to have satisfied the requirements of clauses (i), (ii), and (iii) of subparagraph (A) if— (i) with respect to each student enrolled in the institution who is not exclusively enrolled in distance education at the institution and who has not already been registered to vote by the institution in accordance with section 1013 of the For the People Act of 2021, including students who do not qualify as an in-State student as defined in section 1013(f)(2) of such Act— (I) the institution, not less than 30 days in advance of the deadline for registering to vote within the State for the next scheduled statewide Federal or State primary election and not less than 30 days in advance of the deadline for registering to vote within the State for the next scheduled statewide Federal or State general election— (aa) distributes voter registration applications to such students; or (bb) electronically transmits a message to each such student that is devoted exclusively to voter registration and contains a voter registration application acceptable for use in the State in which the institution is located, or an internet address where such voter registration application can be accessed or downloaded; (II) during a period that an institution requires or encourages such students to remain off-campus due to a national, State, or local public health or other emergency for an extended period of time, resulting in a significant disruption to such students’ ability to vote in person, as applicable, the institution additionally— (aa) requests that the State provide the institution with absentee ballot applications, as applicable, or that the State share the official State website or online portal through which eligible voters can directly request an absentee ballot; (bb) distributes to each such student an absentee ballot application requested from the State under item (aa) or the official State website or online portal through which eligible voters can directly request an absentee ballot, with instructions that the form, website, or online portal should be used only by students eligible to vote in the State; (cc) notifies such students of— (AA) applicable deadlines for requesting and submitting an absentee ballot; and (BB) additional options for early and in-person voting and voting on Election Day, as applicable; and (dd) shares credible, nonpartisan resources (to be identified in consultation with the Election Assistance Commission) to help students who are registered in another State to apply for absentee ballots in such State, which may include resources from State and local election officials; and (III) the institution ensures that an appropriate staff person or office has been designated as a Campus Vote Coordinator, who shall— (aa) ensure compliance in accordance with this paragraph at the institution; (bb) be publicly designated as the Campus Vote Coordinator, including the Campus Vote Coordinator’s contact information, on the website of the institution; and (cc) upon request, provide to students residency requirements for voting, including the ability of students from other States to vote in the State of the institution in which they are enrolled and physically in attendance, in accordance with applicable State law; and (ii) with respect to each student enrolled exclusively in distance education or correspondence programs, the institution— (I) (aa) transmits a message devoted exclusively to voter registration that refers such students to a centralized voter registration website or platform by providing the Internet address or other method to access such website or platform, that— (AA) provides applicable voter registration application and voting information for all States; and (BB) is hosted by a website operated by the Federal, State or local government; (bb) transmits such message not less than twice in each calendar year; and (cc) maintains information on the institution’s website containing credible, nonpartisan resources to help students determine where and how they are eligible to vote, or a link to such resources, and boosts awareness of such information on the institution’s social media platforms; or (II) provides information to such students in the same manner as the institution provides information to students not enrolled exclusively in distance education under clause (i)(I). (C) The institution will substantially comply with the requirements that apply to the institution under section 7 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506 ) or section 1013 of the For the People Act of 2021, as the case may be. (D) In this paragraph— (i) the term voter registration application means the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508 ); (ii) the term absentee ballot means any ballot cast by any means other than in person and for which the State requires an application; (iii) the term distance education has the meaning given the term in section 103, except such term shall not include distance education that is provided due to a decision of an institution to require or encourage students of the institution to remain off-campus due to a national, State, or local public health or other emergency; and (iv) the term Federal office has the meaning given in section 301(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(3) ). . (c) Grants to institutions demonstrating excellence in student voter registration (1) Grants authorized The Secretary of Education may award competitive grants to public and private nonprofit institutions of higher education that are subject to the requirements of section 487(a)(23) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(23) ), as amended by subsection (b), and that the Secretary determines have demonstrated excellence in registering students to vote in elections for public office beyond meeting the minimum requirements of such section. (2) Eligibility An institution of higher education is eligible to receive a grant under this subsection if the institution submits to the Secretary of Education, at such time and in such form as the Secretary may require, an application containing such information and assurances as the Secretary may require to make the determination described in paragraph (1), including information and assurances that the institution carried out activities to promote voter registration by students, such as the following: (A) Sponsoring large on-campus voter mobilization and voter education efforts. (B) Engaging the surrounding community in nonpartisan voter registration and get out the vote efforts, including initiatives to facilitate the enfranchisement of groups of individuals that have historically faced barriers to voting. (C) Creating a website for students with centralized information about voter registration and election dates. (D) Inviting candidates to speak on campus. (E) Offering rides to students to the polls to increase voter mobilization. (3) Authorization of appropriations; reservation (A) Authorization of appropriations There are authorized to be appropriated for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary to award grants under this subsection. (B) Reservation Of the funds appropriated under subparagraph (A) for a fiscal year, the Secretary of Education shall ensure that 25 percent is reserved for minority institutions described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (d) Sense of congress relating to option of students to register in jurisdiction of institution of higher education or jurisdiction of domicile It is the sense of Congress that, as provided under existing law, students who attend an institution of higher education and reside in the jurisdiction of the institution while attending the institution should have the option of registering to vote, without being subjected to intimidation or deceptive practices, in elections for Federal office in that jurisdiction or in the jurisdiction of their own domicile. 1902. Minimum notification requirements for voters affected by polling place changes (a) Requirements Section 302 of the Help America Vote Act of 2002 ( 52 U.S.C. 21082 ), as amended by section 1601(a), is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Minimum notification requirements for voters affected by polling place changes (1) Requirement for precinct-based polling (A) In general If an applicable individual has been assigned to a polling place that is different than the polling place that such individual was assigned with respect to the most recent past election for Federal office in which the individual was eligible to vote— (i) the appropriate election official shall, not later than 2 days before the beginning of an early voting period— (I) notify the individual of the location of the polling place not later than 2 days before the beginning of an early voting period; and (II) post a general notice on the website of the State or jurisdiction, on social media platforms (if available), and on signs a the prior polling place; and (ii) if such assignment is made after the date which is 2 days before the beginning of an early voting period and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the jurisdiction shall make every reasonable effort to enable the individual to vote a ballot on the date of the election without the use of a provisional ballot. (B) Applicable individual For purposes of subparagraph (A), the term applicable individual means, with respect to any election for Federal office, any individual— (i) who is registered to vote in a jurisdiction for such election and was registered to vote in such jurisdiction for the most recent past election for Federal office; and (ii) whose voter registration address has not changed since such most recent past election for Federal office. (C) Methods of notification The appropriate election official shall notify an individual under clause (i)(I) of subparagraph (A) by mail, telephone, and (if available) text message and electronic mail, taking into consideration factors which include the linguistic preferences of voters in the jurisdiction. (2) Requirements for vote centers In the case of a jurisdiction in which individual are not assigned to specific polling places, not later than 2 days before the beginning of an early voting period, the appropriate election official shall notify each voter eligible to vote in such jurisdiction of the location of all polling places at which the individual may vote. (3) Notice with respect to closed polling places (A) In general If a location which served as a polling place for an election for Federal office in a State does not serve as a polling place in the next election for Federal office held in the State, the State shall ensure that signs, taking into consideration factors which include the linguistic preferences of voters in the jurisdiction, are posted at such location on the date of the election and during any early voting period for the election containing the following information: (i) A statement that the location is not serving as a polling place in the election. (ii) The locations serving as polling places in the election in the jurisdiction involved. (iii) The name and address of any substitute polling place serving the same precinct and directions from the former polling place to the new polling place. (iv) Contact information, including a telephone number and website, for the appropriate State or local election official through which an individual may find the polling place to which the individual is assigned for the election. (B) Internet posting Each State which is required to post signs under subparagraph (A) shall also provide such information through a website and through social media (if available). (4) Effective date This subsection shall apply with respect to elections held on or after January 1, 2022. . (b) Conforming amendment Section 302(g) of such Act ( 52 U.S.C. 21082(g) ), as redesignated by subsection (a) and as amended by section 1601(b), is amended by striking (d)(2) and (e)(2) and inserting (d)(2), (e)(2), and (f)(4) . 1903. Permitting use of sworn written statement to meet identification requirements for voting (a) Permitting use of statement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: 303A. Permitting use of sworn written statement or student identification card to meet identification requirements (a) Use of statement or student identification card (1) In general Except as provided in subsection (c), if a State has in effect any requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, the State shall permit the individual to meet the requirement— (A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with— (i) a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual’s identity and attesting that the individual is eligible to vote in the election; or (ii) if such individual is a student enrolled at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), a student identification card assigned to the individual from an institution of higher education; or (B) in the case of an individual who desires to vote by mail, by submitting with the ballot— (i) the statement described in subparagraph (A)(i); or (ii) if such individual is a student enrolled at an institution of higher education (as so defined), a copy of the student identification card described in subparagraph (A)(ii). (2) Development of pre-printed version of statement by Commission The Commission shall develop a pre-printed version of the statement described in paragraph (1)(A)(i) which includes a blank space for an individual to provide a name and signature for use by election officials in States which are subject to paragraph (1). (3) Providing pre-printed copy of statement A State which is subject to paragraph (1) shall— (A) make copies of the pre-printed version of the statement described in paragraph (1)(A)(i) which is prepared by the Commission available at polling places for election officials to distribute to individuals who desire to vote in person; and (B) include a copy of such pre-printed version of the statement with each blank absentee or other ballot transmitted to an individual who desires to vote by mail. (b) Requiring use of ballot in same manner as individuals presenting identification An individual who presents or submits a sworn written statement or presents a student identification card in accordance with subsection (a)(1) shall be permitted to cast a ballot in the election in the same manner as an individual who presents identification. (c) Exception for first-Time voters registering by mail Subsections (a) and (b) do not apply to the requirements under paragraph (2) of section 303(b) with respect to any individual described in paragraph (1) of such section who is required to meet the requirements of paragraph (2) of such section or to an individual described in paragraph (5)(A) of section 303(b) who is required to meet the requirements of paragraph (5)(B) of such section. . (b) Requiring States To include information on use of sworn written statement and student identification card in voting information material posted at polling places Section 302(b)(2) of such Act ( 52 U.S.C. 21082(b)(2) ), as amended by section 1072(b) and section 1202(b), is amended— (1) by striking and at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (I) in the case of a State that has in effect any requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, information on how an individual may meet such requirement by presenting a sworn written statement or student identification card in accordance with section 303A. . (c) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Permitting use of sworn written statement or student identification card to meet identification requirements. . (d) Effective date The amendments made by this section shall apply with respect to elections occurring on or after the date of the enactment of this Act. 1904. Accommodations for voters residing in Indian lands (a) Accommodations Described (1) Designation of ballot pickup and collection locations Given the widespread lack of residential mail delivery in Indian Country, an Indian Tribe may designate buildings as ballot pickup and collection locations with respect to an election for Federal office at no cost to the Indian Tribe. An Indian Tribe may designate one building per precinct located within Indian lands. The applicable State or political subdivision shall collect ballots from those locations. The applicable State or political subdivision shall provide the Indian Tribe with accurate precinct maps for all precincts located within Indian lands 60 days before the election. (2) Provision of mail-in and absentee ballots The State or political subdivision shall provide mail-in and absentee ballots with respect to an election for Federal office to each individual who is registered to vote in the election who resides on Indian lands in the State or political subdivision involved without requiring a residential address or a mail-in or absentee ballot request. (3) Use of designated building as residential and mailing address The address of a designated building that is a ballot pickup and collection location with respect to an election for Federal office may serve as the residential address and mailing address for voters living on Indian lands if the tribally designated building is in the same precinct as that voter. If there is no tribally designated building within a voter’s precinct, the voter may use another tribally designated building within the Indian lands where the voter is located. Voters using a tribally designated building outside of the voter’s precinct may use the tribally designated building as a mailing address and may separately designate the voter’s appropriate precinct through a description of the voter’s address, as specified in section 9428.4(a)(2) of title 11, Code of Federal Regulations. (4) Language accessibility In the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ), that State or political subdivision shall provide absentee or mail-in voting materials with respect to an election for Federal office in the language of the applicable minority group as well as in the English language, bilingual election voting assistance, and written translations of all voting materials in the language of the applicable minority group, as required by section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ), as amended by subsection (b). (5) Clarification Nothing in this section alters the ability of an individual voter residing on Indian lands to request a ballot in a manner available to all other voters in the State. (6) Definitions In this section: (A) Election for Federal office The term election for Federal office means a general, special, primary or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (B) Indian The term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (C) Indian lands The term Indian lands includes— (i) any Indian country of an Indian Tribe, as defined under section 1151 of title 18, United States Code; (ii) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.), by an Indian Tribe that is a Native village (as defined in section 3 of that Act ( 43 U.S.C. 1602 )) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act ( 43 U.S.C. 1602 )); (iii) any land on which the seat of the Tribal Government is located; and (iv) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (D) Indian tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (E) Tribal government The term Tribal Government means the recognized governing body of an Indian Tribe. (7) Enforcement (A) Attorney general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this subsection. (B) Private right of action (i) A person or Tribal Government who is aggrieved by a violation of this subsection may provide written notice of the violation to the chief election official of the State involved. (ii) An aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to a violation of this subsection, if— (I) that person or Tribal Government provides the notice described in clause (i); and (II) (aa) in the case of a violation that occurs more than 120 days before the date of an election for Federal office, the violation remains and 90 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i); or (bb) in the case of a violation that occurs 120 days or less before the date of an election for Federal office, the violation remains and 20 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i). (iii) In the case of a violation of this section that occurs 30 days or less before the date of an election for Federal office, an aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the State under clause (i). (b) Bilingual election requirements Section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ) is amended— (1) in subsection (b)(3)(C), by striking 1990 and inserting 2010 ; and (2) by striking subsection (c) and inserting the following: (c) Provision of voting materials in the language of a minority group (1) In General Whenever any State or political subdivision subject to the prohibition of subsection (b) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language. (2) Exceptions (A) In the case of a minority group that is not American Indian or Alaska Native and the language of that minority group is oral or unwritten, the State or political subdivision shall be required only to furnish, in the covered language, oral instructions, assistance, translation of voting materials, or other information relating to registration and voting. (B) In the case of a minority group that is American Indian or Alaska Native, the State or political subdivision shall be required only to furnish in the covered language oral instructions, assistance, or other information relating to registration and voting, including all voting materials, if the Tribal Government of that minority group has certified that the language of the applicable American Indian or Alaska Native language is presently unwritten or the Tribal Government does not want written translations in the minority language. (3) Written translations for election workers Notwithstanding paragraph (2), the State or political division may be required to provide written translations of voting materials, with the consent of any applicable Indian Tribe, to election workers to ensure that the translations from English to the language of a minority group are complete, accurate, and uniform. . (c) Effective date This section and the amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. 1905. Ensuring equitable and efficient operation of polling places (a) In general (1) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1611(a), section 1621(a), section 1622(a), and section 1623(b), is amended— (A) by redesignating sections 314 and 315 as sections 315 and 316, respectively; and (B) by inserting after section 313 the following new section: 314. Ensuring equitable and efficient operation of polling places (a) Preventing unreasonable waiting times for voters (1) In general Each State or jurisdiction shall take reasonable efforts to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure— (A) a fair and equitable waiting time for all voters in the State or jurisdiction; and (B) that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place. (2) Criteria In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State or jurisdiction shall take into account the following factors: (A) The voting age population. (B) Voter turnout in past elections. (C) The number of voters registered. (D) The number of voters who have registered since the most recent Federal election. (E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. (F) The needs and numbers of voters with disabilities and voters with limited English proficiency. (G) The type of voting systems used. (H) The length and complexity of initiatives, referenda, and other questions on the ballot. (I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. (3) Rule of construction Nothing in this subsection may be construed— (A) to authorize a State or jurisdiction to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place; or (B) to limit the use of mobile voting centers. (b) Limiting variations on number of hours of operation of polling places within a State (1) Limitation (A) In general Except as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. (B) Permitting variance on basis of population Subparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. (2) Exceptions for polling places with hours established by units of local government Paragraph (1) does not apply in the case of a polling place— (A) whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or (B) which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established. (c) Effective date This section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this subsection. . (2) Conforming amendments relating to issuance of voluntary guidance by Election Assistance Commission Section 321(b) of such Act ( 52 U.S.C. 21101(b) ), as redesignated and amended by section 1101(b) and as amended by sections, 1102, 1103, 1104, and 1611, is amended— (A) by striking and at the end of paragraph (4); (B) by redesignating paragraph (5) as paragraph (6); (C) in paragraph (6), as so redesignated, by striking paragraph (4) and inserting paragraph (4) or (5) ; and (D) by inserting after paragraph (4) the following new paragraph: (5) in the case of the recommendations with respect to section 314, 180 days after the date of the enactment of such section; and . (3) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1056(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1611(c), section 1621(a), section 1622(a), and section 1623(b), is amended— (A) by redesignating the items relating to sections 314 and 315 as relating to sections 315 and 316, respectively; and (B) by inserting after the item relating to section 313 the following new item: Sec. 314. Ensuring equitable and efficient operation of polling places. . (b) Study of methods to enforce fair and equitable waiting times (1) Study The Election Assistance Commission and the Comptroller General of the United States shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section 314(a) of the Help America Vote Act of 2002, as added by subsection (a), including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters, and to communities of color in particular. (2) Report Not later than 18 months after the date of the enactment of this Act, the Election Assistance Commission and the Comptroller General of the United States shall publish and submit to Congress a report on the study conducted under paragraph (1). 1906. Requiring States to provide secured drop boxes for voted ballots in elections for Federal office (a) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1611(a), section 1621(a), section 1622(a), section 1623(b), and section 1905(a), is amended— (1) by redesignating sections 315 and 316 as sections 316 and 317, respectively; and (2) by inserting after section 314 the following new section: 315. Use of secured drop boxes for voted ballots (a) Requiring use of drop boxes Each jurisdiction shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted ballots in an election for Federal office. (b) Minimum period for availability of drop boxes The period described in this subsection is, with respect to an election, the period which begins on the first day on which the jurisdiction sends mail-in ballots or absentee ballots (other than ballots for absent uniformed overseas voters (as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310(1) )) or overseas voters (as defined in section 107(5) of such Act ( 52 U.S.C. 20310(5) ))) to voters for such election and which ends at the time the polls close for the election in the jurisdiction involved. (c) Accessibility (1) Hours of access (A) In general Except as provided in subparagraph (B), each drop box provided under this section shall be accessible to voters for a reasonable number of hours each day. (B) 24-hour drop boxes (i) In general Of the number of drop boxes provided in any jurisdiction, not less the required number shall be accessible for 24-hours per day during the period described in subsection (b). (ii) Required number The required number is the greater of— (I) 25 percent of the drop boxes required under subsection (d); or (II) 1 drop box. (2) Population (A) In general Drop boxes provided under this section shall be accessible for use— (i) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )) of the State; (ii) by individuals with limited proficiency in the English language; and (iii) by homeless individuals (as defined in section 103 of the McKinney–Vento Homeless Assistance Act( 42 U.S.C. 11302 )) within the State. (B) Determination of accessibility for individuals with disabilities For purposes of this paragraph, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. (C) Rule of construction If a drop box provided under this section is on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities, individuals with limited proficiency in the English language, or homeless individuals. (d) Number of drop boxes Each jurisdiction shall have— (1) in the case of any election for Federal office prior to the regularly scheduled general election for Federal office held in November 2024, not less than 1 drop box for every 45,000 registered voters located in the jurisdiction; and (2) in the case of the regularly scheduled general election for Federal office held in November 2024 and each election for Federal office occurring thereafter, not less than the greater of— (A) 1 drop box for every 45,000 registered voters located in the jurisdiction; or (B) 1 drop box for every 15,000 votes that were cast by mail in the jurisdiction in the most recent general election that includes an election for the office of President. In no case shall a jurisdiction have less than 1 drop box for any election for Federal office. (e) Location of drop boxes The State shall determine the location of drop boxes provided under this section in a jurisdiction on the basis of criteria which ensure that the drop boxes are— (1) available to all voters on a non-discriminatory basis; (2) accessible to voters with disabilities (in accordance with subsection (c)); (3) accessible by public transportation to the greatest extent possible; (4) available during all hours of the day; (5) sufficiently available in all communities in the jurisdiction, including rural communities and on Tribal lands within the jurisdiction (subject to subsection (f)); and (6) geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner. (f) Rules for drop boxes on Tribal lands In making a determination of the number and location of drop boxes provided under this section on Tribal lands in a jurisdiction, the appropriate State and local election officials shall— (1) consult with Tribal leaders prior to making the determination; and (2) take into account criteria such as the availability of direct-to-door residential mail delivery, the distance and time necessary to travel to the drop box locations (including in inclement weather), modes of transportation available, conditions of roads, and the availability (if any) of public transportation. (g) Timing of scanning and processing of ballots For purposes of section 311(g) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as a ballot cast by mail. (h) Posting of information On or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. (i) Remote surveillance Nothing in this section shall prohibit a State from providing for the security of drop boxes through remote or electronic surveillance. (j) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1056(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1611(c), section 1621(c), section 1622(a), section 1623(b), and section 1905(a), is amended— (1) by redesignating the items relating to sections 315 and 316 as relating to sections 316 and 317, respectively; and (2) by inserting after the item relating to section 314 the following new item: Sec. 315. Use of secured drop boxes for voted absentee ballots. . 1907. Prohibiting States from restricting curbside voting (a) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1611(a), section 1621(a), section 1622(a), section 1623(b), section 1905(a), and section 1906(a), is amended— (1) by redesignating sections 316 and 317 as sections 317 and 318, respectively; and (2) by inserting after section 315 the following new section: 316. Prohibiting States from restricting curbside voting (a) Prohibition A State may not— (1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or (2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by the method of curbside voting. (b) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1056(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1611(c), section 1621(a), section 1622(a), section 1623(b), section 1905(a), and section 1906(b), is amended— (1) by redesignating the items relating to sections 316 and 317 as relating to sections 317 and 318, respectively; and (2) by inserting after the item relating to section 315 the following new item: Sec. 316. Prohibiting States from restricting curbside voting. . 1908. Prohibiting restrictions on donations of food and beverages at polling stations (a) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1611(a), section 1621(a), section 1622(a), section 1623(b), section 1905(a), section 1906(a), and section 1907(a), is amended— (1) by redesignating sections 317 and 318 as sections 318 and 319, respectively; and (2) by inserting after section 316 the following new section: 317. Prohibiting States from restricting donations of food and beverages at polling stations (a) Prohibition A State may not impose any restriction on providing food and nonalcoholic beverages to persons at a polling location for a Federal election, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients. (b) Effective date This section shall apply with respect to elections for Federal office occurring on and after January 1, 2022. . (b) Voluntary guidance Section 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, and 1623, is amended by striking and 313 and inserting 313, and 317 . (c) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1056(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1611(c), section 1621(a), section 1622(a), section 1623(b), section 1905(a), section 1906(b), and section 1907(b) is amended— (1) by redesignating the items relating to sections 317 and 318 as relating to sections 319 and 320, respectively; and (2) by inserting after the item relating to section 316 the following new item: Sec. 317. Prohibiting States from restricting donations of food and beverages at polling stations. . 1909. GAO study on voter turnout rates The Comptroller General of the United States shall conduct a study on voter turnout rates delineated by age in States and localities that permit voters to participate in elections before reaching the age of 18, with a focus on localities that permit voting upon reaching the age of 16. 2 Disaster and Emergency Contingency Plans 1911. Requirements for Federal election contingency plans in response to natural disasters and emergencies (a) In general (1) Establishment Not later than 90 days after the date of the enactment of this Act, each State and each jurisdiction in a State which is responsible for administering elections for Federal office shall establish a contingency plan to enable individuals to vote in elections for Federal office during a state of emergency, public health emergency, or national emergency which has been declared for reasons including— (A) a natural disaster; or (B) an infectious disease. (2) Publication Each State and jurisdiction shall make the plan established under paragraph (1) publicly available, except that such State or jurisdiction may redact provisions necessary to preserve national security or public safety. (3) Updating Each State and jurisdiction shall update the contingency plan established under this subsection not less frequently than every 5 years. (b) Requirements relating to safety The contingency plan established under subsection (a) shall include initiatives to provide equipment and resources needed to protect the health and safety of poll workers, election staff, and voters when voting in person. (c) Requirements relating to recruitment of poll workers The contingency plan established under subsection (a) shall include initiatives by the chief State election official and local election officials to recruit poll workers from resilient or unaffected populations, which may include— (1) employees of other State and local government offices; and (2) in the case in which an infectious disease poses significant increased health risks to elderly individuals, students of secondary schools and institutions of higher education in the State. (d) Enforcement (1) Attorney general The Attorney General may bring a civil action against any State or jurisdiction in an appropriate United States district court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to carry out the requirements of this section. (2) Private right of action (A) In general In the case of a violation of this section, any person who is aggrieved by such violation may provide written notice of the violation to the chief election official of the State involved. (B) Relief If the violation is not corrected within 20 days after receipt of a notice under subparagraph (A), or within 5 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (C) Special rule If the violation occurred within 5 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State involved under subparagraph (A) before bringing a civil action under subparagraph (B). (e) Definitions (1) Election for Federal office For purposes of this section, the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (2) State For purposes of this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (f) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. 3 Improvements in Operation of Election Assistance Commission 1921. Reauthorization of Election Assistance Commission Section 210 of the Help America Vote Act of 2002 ( 52 U.S.C. 20930 ) is amended— (1) by striking for each of the fiscal years 2003 through 2005 and inserting for fiscal year 2021 and each succeeding fiscal year ; and (2) by striking (but not to exceed $10,000,000 for each such year) . 1922. Requiring States to participate in post-general election surveys (a) Requirement Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1903(a), is further amended by inserting after section 303A the following new section: 303B. Requiring participation in post-general election surveys (a) Requirement Each State shall furnish to the Commission such information as the Commission may request for purposes of conducting any post-election survey of the States with respect to the administration of a regularly scheduled general election for Federal office. (b) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and any succeeding election. . (b) Clerical amendment The table of contents of such Act, as amended by section 1903(c), is further amended by inserting after the item relating to section 303A the following new item: Sec. 303B. Requiring participation in post-general election surveys. . 1923. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission (a) Requiring reports on use of funds as condition of receipt Section 231 of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 ) is amended by adding at the end the following new subsection: (e) Report on use of funds transferred from Commission To the extent that funds are transferred from the Commission to the Director of the National Institute of Standards and Technology for purposes of carrying out this section during any fiscal year, the Director may not use such funds unless the Director certifies at the time of transfer that the Director will submit a report to the Commission not later than 90 days after the end of the fiscal year detailing how the Director used such funds during the year. . (b) Effective date The amendment made by subsection (a) shall apply with respect to fiscal year 2022 and each succeeding fiscal year. 1924. Recommendations to improve operations of Election Assistance Commission (a) Assessment of information technology and cybersecurity Not later than December 31, 2021, the Election Assistance Commission shall carry out an assessment of the security and effectiveness of the Commission’s information technology systems, including the cybersecurity of such systems. (b) Improvements to administrative complaint procedures (1) Review of procedures The Election Assistance Commission shall carry out a review of the effectiveness and efficiency of the State-based administrative complaint procedures established and maintained under section 402 of the Help America Vote Act of 2002 ( 52 U.S.C. 21112 ) for the investigation and resolution of allegations of violations of title III of such Act. (2) Recommendations to streamline procedures Not later than December 31, 2021, the Commission shall submit to Congress a report on the review carried out under paragraph (1), and shall include in the report such recommendations as the Commission considers appropriate to streamline and improve the procedures which are the subject of the review. 1925. Repeal of exemption of Election Assistance Commission from certain government contracting requirements (a) In general Section 205 of the Help America Vote Act of 2002 ( 52 U.S.C. 20925 ) is amended by striking subsection (e). (b) Effective date The amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of the enactment of this Act. 4 Miscellaneous Provisions 1931. Application of laws to Commonwealth of Northern Mariana Islands (a) National Voter Registration Act of 1993 Section 3(4) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20502(4) ) is amended by striking States and the District of Columbia and inserting States, the District of Columbia, and the Commonwealth of the Northern Mariana Islands . (b) Help America Vote Act of 2002 (1) Coverage of Commonwealth of the Northern Mariana Islands Section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ) is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands . (2) Conforming amendments to Help America Vote Act of 2002 Such Act is further amended as follows: (A) The second sentence of section 213(a)(2) ( 52 U.S.C. 20943(a)(2) ) is amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands . (B) Section 252(c)(2) ( 52 U.S.C. 21002(c)(2) ) is amended by striking or the United States Virgin Islands and inserting the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands . (3) Conforming amendment relating to consultation of Help America Vote Foundation with local election officials Section 90102(c) of title 36, United States Code, is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands . 1932. Definition of election for Federal office (a) Definition Title IX of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 et seq.) is amended by adding at the end the following new section: 907. Election for Federal office defined For purposes of titles I through III, the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. . (b) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to title IX the following new item: Sec. 907. Election for Federal office defined. . 1933. Clarification of exemption for States which do not collect telephone information (a) Amendment to Help America Vote Act of 2002 Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1056(a) section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1611(a), section 1621(a), section 1622(a), section 1623(b),section 1905(a), section 1906(a), section 1907(a), and section 1908(a), is amended— (1) by redesignating section 319 as section 320; and (2) by inserting after section 318 the following new section: 319. Application of certain provisions to States which do not collect telephone information (a) In general To the extent that any provision of this title imposes a requirement on a State or jurisdiction relating to contacting voters by telephone, such provision shall not apply in the case of any State in which continuously on and after the date of the enactment of this Act, does not collect telephone numbers for voters as part of voter registration in the State with respect to an election for Federal office. (b) Exception Subsection (a) shall not apply in any case in which the voter has voluntarily provided telephone information. . (b) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1101(d), section 1102(c), section 1103(a)(3), section 1104(c), section 1611(c), section 1621(c), section 1622(c), section 1623(b), section 1905(b), section 1906(a), section 1907(b), and section 1908(b), is amended— (1) by redesignating the items relating to sections 319 as relating to sections 320; and (2) by inserting after the item relating to section 318 the following new item: Sec. 319. Application of certain provisions to States which do not collect telephone information. . 1934. No effect on other laws (a) In general Except as specifically provided, nothing in this title may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.). (2) The Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 et seq.). (3) The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq.). (4) The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq.). (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.). (6) The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq.). (b) No effect on preclearance or other requirements under Voting Rights Act The approval by any person of a payment or grant application under this title, or any other action taken by any person under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 ( 52 U.S.C. 10304 ) or any other requirements of such Act. (c) No effect on authority of States To provide greater opportunities for voting Nothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title. 1935. Clarification of exemption for States without voter registration To the extent that any provision of this title or any amendment made by this title imposes a requirement on a State relating to registering individuals to vote in elections for Federal office, such provision shall not apply in the case of any State in which, under law that is in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for any voter in the State with respect to an election for Federal office. O Increased Protections for Election Workers 1941. Harassment of election workers prohibited (a) In general Chapter 29 of title 18, United 6 States Code, as amended by section 1071(a), is amended by adding at the end the following new section: 613. Harassment of election related officials (a) Harassment of election workers It shall be unlawful for any person, whether acting under color of law or otherwise, to intimidate, threaten, coerce, harass, or attempt to intimidate, threaten, coerce or harass an election worker described in subsection (b) with intent to impede, intimidate, or interfere with such official while engaged in the performance of official duties, or with intent to retaliate against such official on account of the performance of official duties. (b) Election worker described An election worker as described in this section is any individual who is an election official, poll worker, or an election volunteer in connection with an election for a Federal office. (c) Penalty Any person who violates subsection (a) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. . (b) Clerical amendment The table of sections for chapter 29 of title 18, United States Code, as amended by section 1071(b), is amended by adding at the end the following new item: 613. Harassment of election related officials. . 1942. Protection of election workers Paragraph (2) of section 119(b) of title 18, United States Code, is amended by striking or at the end of subparagraph (C), by inserting or at the end of sub-paragraph (D), and by adding at the end the following new subparagraph: (E) any individual who is an election official, a poll worker, or an election volunteer in connection with an election for a Federal office; . P Severability 1951. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. II Election Integrity A Findings Reaffirming the Commitment of Congress to Restore the Voting Rights Act of 1965 2001. Findings reaffirming commitment of Congress to restore the Voting Rights Act (a) Findings Congress finds the following: (1) The right to vote for all Americans is a fundamental right guaranteed by the United States Constitution. (2) Federal, State, and local governments should protect the right to vote and promote voter participation across all demographics. (3) The Voting Rights Act has empowered the Department of Justice and Federal courts for nearly a half a century to block discriminatory voting practices before their implementation in States and localities with the most troubling histories, ongoing records of racial discrimination, and demonstrations of lower participation rates for protected classes. (4) There continues to be an alarming movement to erect barriers to make it more difficult for Americans to participate in our Nation’s democratic process. The Nation has witnessed unprecedented efforts to turn back the clock and enact suppressive laws that block access to the franchise for communities of color which have faced historic and continuing discrimination, as well as disabled, young, elderly, and low-income Americans. (5) The Supreme Court’s decision in Shelby County v. Holder (570 U.S. 529 (2013)), gutted decades-long Federal protections for communities of color and language-minority populations facing ongoing discrimination, emboldening States and local jurisdictions to pass voter suppression laws and implement procedures, like those requiring photo identification, limiting early voting hours, eliminating same-day registration, purging voters from the rolls, and reducing the number of polling places. (6) Racial discrimination in voting is a clear and persistent problem. The actions of States and localities around the country post-Shelby County, including at least 10 findings by Federal courts of intentional discrimination, underscored the need for Congress to conduct investigatory and evidentiary hearings to determine the legislation necessary to restore the Voting Rights Act and combat continuing efforts in America that suppress the free exercise of the franchise in Black and other communities of color. (7) Evidence of discriminatory voting practice spans from decades ago through to the past several election cycles. The 2018 midterm elections, for example, demonstrated ongoing discrimination in voting. (8) During the 116th Congress, congressional committees in the House of Representatives held numerous hearings, collecting substantial testimony and other evidence which underscored the need to pass a restoration of the Voting Rights Act. (9) On December 6, 2019, the House of Representatives passed the John R. Lewis Voting Rights Advancement Act, which would restore and modernize the Voting Rights Act, in accordance with language from the Shelby County decision. Congress reaffirms that the barriers faced by too many voters across this Nation when trying to cast their ballot necessitate reintroduction of many of the protections once afforded by the Voting Rights Act. (10) The 2020 primary and general elections provide further evidence that systemic voter discrimination and intimidation continues to occur in communities of color across the country, making it clear that full access to the franchise will not be achieved until Congress restores key provisions of the Voting Rights Act. (11) As of late-February 2021, 43 States had introduced, prefiled, or carried over 253 bills to restrict voting access that, primarily, limit mail voting access, impose stricter voter ID requirements, slash voter registration opportunities, or enable more aggressive voter roll purges. (b) Purposes The purposes of this Act are as follows: (1) To improve access to the ballot for all citizens. (2) To establish procedures by which States and localities, in accordance with past actions, submit voting practice changes for preclearance by the Federal Government. (3) To enhance the integrity and security of our voting systems. (4) To ensure greater accountability for the administration of elections by States and localities. (5) To restore protections for voters against practices in States and localities plagued by the persistence of voter disenfranchisement. (6) To ensure that Federal civil rights laws protect the rights of voters against discriminatory and deceptive practices. B Findings Relating to Native American Voting Rights 2101. Findings relating to Native American voting rights Congress finds the following: (1) The right to vote for all Americans is sacred. Congress must fulfill the Federal Government’s trust responsibility to protect and promote Native Americans’ exercise of their fundamental right to vote, including equal access to voter registration voting mechanisms and locations, and the ability to serve as election officials. (2) The Native American Voting Rights Coalition’s four-State survey of voter discrimination (2016) and 9 field hearings in Indian Country (2017 and 2018) revealed obstacles that Native Americans must overcome, including a lack of accessible and proximate registration and polling sites, nontraditional addresses for residents on Indian reservations, inadequate language assistance for Tribal members, and voter identification laws that discriminate against Native Americans. The Department of Justice and courts have recognized that some jurisdictions have been unresponsive to reasonable requests from federally recognized Indian Tribes for more accessible and proximate voter registration sites and in-person voting locations. (3) The 2018 midterm and 2020 general elections provide further evidence that systemic voter discrimination and intimidation continues to occur in communities of color and Tribal lands across the country, making it clear that democracy reform cannot be achieved until Congress restores key provisions of the Voting Rights Act of 1965 and passes additional protections. (4) Congress has broad, plenary authority to enact legislation to safeguard the voting rights of Native American voters. (5) Congress must conduct investigatory and evidentiary hearings to determine the necessary legislation to restore the Voting Rights Act of 1965 and combat continuous efforts that suppress the voter franchise within Tribal lands, to include, but not to be limited to, the Native American Voting Rights Act and the Voting Rights Advancement Act. C Findings Relating to District of Columbia Statehood 2201. Findings relating to District of Columbia statehood Congress finds the following: (1) The 705,000 District of Columbia residents deserve voting representation in Congress and local self-government, which only statehood can provide. (2) The United States is the only democratic country that denies both voting representation in the national legislature and local self-government to the residents of its nation’s capital. (3) There are no constitutional, historical, fiscal, or economic reasons why the Americans who live in the District of Columbia should not be granted statehood. (4) Since the founding of the United States, the residents of the District of Columbia have always carried all of the obligations of citizenship, including serving in all of the Nation’s wars and paying Federal taxes, but have been denied voting representation in Congress and freedom from congressional interference in purely local matters. (5) The District of Columbia pays more Federal taxes per capita than any State and more Federal taxes than 22 States. (6) The District of Columbia has a larger population than 2 States (Wyoming and Vermont), and 6 States have a population under one million. (7) The District of Columbia has a larger budget than 12 States. (8) The Constitution of the United States gives Congress the authority to admit new States (clause 1, section 3, article IV) and reduce the size of the seat of the Government of the United States (clause 17, section 8, article I). All 37 new States have been admitted by an act of Congress, and Congress has previously reduced the size of the seat of the Government of the United States. (9) On June 26, 2020, by a vote of 232–180, the House of Representatives passed H.R. 51, the Washington, D.C. Admission Act, which would have admitted the State of Washington, Douglass Commonwealth from the residential portions of the District of Columbia and reduced the size of the seat of the Government of the United States to the United States Capitol, the White House, the United States Supreme Court, the National Mall, and the principal Federal monuments and buildings. D Territorial Voting Rights 2301. Findings relating to territorial voting rights Congress finds the following: (1) The right to vote is one of the most powerful instruments residents of the territories of the United States have to ensure that their voices are heard. (2) These Americans have played an important part in the American democracy for more than 120 years. (3) Political participation and the right to vote are among the highest concerns of territorial residents in part because they were not always afforded these rights. (4) Voter participation in the territories consistently ranks higher than many communities on the mainland. (5) Territorial residents serve and die, on a per capita basis, at a higher rate in every United States war and conflict since World War I, as an expression of their commitment to American democratic principles and patriotism. 2302. Congressional Task Force on Voting Rights of United States Citizen Residents of Territories of the United States (a) Establishment There is established within the legislative branch a Congressional Task Force on Voting Rights of United States Citizen Residents of Territories of the United States (in this section referred to as the Task Force ). (b) Membership The Task Force shall be composed of 12 members as follows: (1) One Member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on Natural Resources of the House of Representatives. (2) One Member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on the Judiciary of the House of Representatives. (3) One Member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on House Administration of the House of Representatives. (4) One Member of the House of Representatives, who shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking minority member of the Committee on Natural Resources of the House of Representatives. (5) One Member of the House of Representatives, who shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking minority member of the Committee on the Judiciary of the House of Representatives. (6) One Member of the House of Representatives, who shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking minority member of the Committee on House Administration of the House of Representatives. (7) One Member of the Senate, who shall be appointed by the majority leader of the Senate, in coordination with the Chairman of the Committee on Energy and Natural Resources of the Senate. (8) One Member of the Senate, who shall be appointed by the majority leader of the Senate, in coordination with the Chairman of the Committee on the Judiciary of the Senate. (9) One Member of the Senate, who shall be appointed by the majority leader of the Senate, in coordination with the Chairman of the Committee on Rules and Administration of the Senate. (10) One Member of the Senate, who shall be appointed by the minority leader of the Senate, in coordination with the ranking minority member of the Committee on Energy and Natural Resources of the Senate. (11) One Member of the Senate, who shall be appointed by the minority leader of the Senate, in coordination with the ranking minority member of the Committee on the Judiciary of the Senate. (12) One Member of the Senate, who shall be appointed by the minority leader of the Senate, in coordination with the ranking minority member of the Committee on Rules and Administration of the Senate. (c) Deadline for appointment All appointments to the Task Force shall be made not later than 30 days after the date of enactment of this Act. (d) Chair The Speaker shall designate one Member to serve as chair of the Task Force. (e) Vacancies Any vacancy in the Task Force shall be filled in the same manner as the original appointment. (f) Status update After August 31, 2021, and before October 1, 2021, the Task Force shall provide a status update to the House of Representatives and the Senate that includes— (1) information the Task Force has collected; and (2) a discussion on matters that the chairman of the Task Force determines are urgent for consideration by Congress. (g) Report Not later than December 31, 2021, the Task Force shall issue a report of its findings to the House of Representatives and the Senate regarding— (1) the economic and societal consequences (demonstrated through statistical data and other metrics) that come with political disenfranchisement of United States citizens in territories of the United States; (2) impediments to full and equal voting rights for United States citizens who are residents of territories of the United States in Federal elections, including the election of the President and Vice President of the United States; (3) impediments to full and equal voting representation in the House of Representatives for United States citizens who are residents of territories of the United States; (4) recommended changes that, if adopted, would allow for full and equal voting rights for United States citizens who are residents of territories of the United States in Federal elections, including the election of the President and Vice President of the United States; (5) recommended changes that, if adopted, would allow for full and equal voting representation in the House of Representatives for United States citizens who are residents of territories of the United States; and (6) additional information the Task Force determines is appropriate. (h) Consensus views To the greatest extent practicable, the report issued under subsection (g) shall reflect the shared views of all 12 Members of the Task Force, except that the report may contain dissenting views. (i) Hearings and sessions The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate. (j) Stakeholder participation In carrying out its duties, the Task Force shall consult with the governments of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (k) Resources The Task Force shall carry out its duties by utilizing existing facilities, services, and staff of the House of Representatives and the Senate. (l) Termination The Task Force shall terminate upon issuing the report required under subsection (g). E Redistricting Reform 2400. Short title; finding of constitutional authority (a) Short title This subtitle may be cited as the Redistricting Reform Act of 2021 . (b) Finding of Constitutional authority Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the 14th amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. 1 Requirements for Congressional Redistricting 2401. Requiring congressional redistricting to be conducted through plan of independent State commission (a) Use of Plan Required Notwithstanding any other provision of law, and except as provided in subsection (c), any congressional redistricting conducted by a State shall be conducted in accordance with— (1) the redistricting plan developed and enacted into law by the independent redistricting commission established in the State, in accordance with part 2; or (2) if a plan developed by such commission is not enacted into law, the redistricting plan developed and enacted into law by a 3-judge court, in accordance with section 2421. (b) Conforming amendment Section 22(c) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(c) ), is amended by striking in the manner provided by the law thereof and inserting in the manner provided by the Redistricting Reform Act of 2021 . (c) Special rule for existing commissions Subsection (a) does not apply to any State in which, under law in effect continuously on and after the date of the enactment of this Act, congressional redistricting is carried out in accordance with a plan developed and approved by an independent redistricting commission that is in compliance with each of the following requirements: (1) Publicly available application process Membership on the commission is open to citizens of the State through a publicly available application process. (2) Disqualifications for government service and political appointment Individuals who, for a covered period of time as established by the State, hold or have held public office, individuals who are or have been candidates for elected public office, and individuals who serve or have served as an officer, employee, or paid consultant of a campaign committee of a candidate for public office are disqualified from serving on the commission. (3) Screening for conflicts Individuals who apply to serve on the commission are screened through a process that excludes persons with conflicts of interest from the pool of potential commissioners. (4) Multi-partisan composition Membership on the commission represents those who are affiliated with the 2 political parties whose candidates received the most votes in the most recent statewide election for Federal office held in the State, as well as those who are unaffiliated with any party or who are affiliated with political parties other than the 2 political parties whose candidates received the most votes in the most recent statewide election for Federal office held in the State. (5) Criteria for redistricting Members of the commission are required to meet certain criteria in the map drawing process, including minimizing the division of communities of interest and a ban on drawing maps to favor a political party. (6) Public input Public hearings are held and comments from the public are accepted before a final map is approved. (7) Broad-based support for approval of final plan The approval of the final redistricting plan requires a majority vote of the members of the commission, including the support of at least one member of each of the following: (A) Members who are affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State. (B) Members who are affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (C) Members who are not affiliated with any political party or who are affiliated with political parties other than the political parties described in subparagraphs (A) and (B). (d) Treatment of state of iowa Subsection (a) does not apply to the State of Iowa, so long as congressional redistricting in such State is carried out in accordance with a plan developed by the Iowa Legislative Services Agency with the assistance of a Temporary Redistricting Advisory Commission, under law which was in effect for the most recent congressional redistricting carried out in the State prior to the date of the enactment of this Act and which remains in effect continuously on and after the date of the enactment of this Act. 2402. Ban on mid-decade redistricting A State that has been redistricted in accordance with this subtitle and a State described in section 2401(c) may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution of the United States, the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.), the Constitution of the State, or the terms or conditions of this subtitle. 2403. Criteria for redistricting (a) Criteria Under the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution, including the requirement that they equalize total population. (2) Districts shall comply with the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.), including by creating any districts where two or more politically cohesive groups protected by such Act are able to elect representatives of choice in coalition with one another, and all applicable Federal laws. (3) Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.) to participate in the political process and to nominate candidates and to elect representatives of choice is not diluted or diminished, regardless of whether or not such protected group constitutes a majority of a district’s citizen voting age population. (4) Districts shall respect communities of interest, neighborhoods, and political subdivisions to the extent practicable and after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area with recognized similarities of interests, including ethnic, racial, economic, tribal, social, cultural, geographic or historic identities. The term communities of interest may, in certain circumstances, include political subdivisions such as counties, municipalities, tribal lands and reservations, or school districts, but shall not include common relationships with political parties or political candidates. (b) No favoring or disfavoring of political parties (1) Prohibition The redistricting plan enacted by a State shall not, when considered on a Statewide basis, be drawn with the intent or the effect of unduly favoring or disfavoring any political party. (2) Determination of effect (A) Totality of circumstances For purposes of paragraph (1), the determination of whether a redistricting plan has the effect of unduly favoring or disfavoring a political party shall be based on the totality of circumstances, including evidence regarding the durability and severity of a plan’s partisan bias. (B) Plans deemed to have effect of unduly favoring or disfavoring a political party Without limiting other ways in which a redistricting plan may be determined to have the effect of unduly favoring or disfavoring a political party under the totality of circumstances under subparagraph (A), a redistricting plan shall be deemed to have the effect of unduly favoring or disfavoring a political party if— (i) modeling based on relevant historical voting patterns shows that the plan is statistically likely to result in a partisan bias of more than one seat in States with 20 or fewer congressional districts or a partisan bias of more than 2 seats in States with more than 20 congressional districts, as determined using quantitative measures of partisan fairness, which may include, but are not limited to, the seats-to-votes curve for an enacted plan, the efficiency gap, the declination, partisan asymmetry, and the mean-median difference; and (ii) alternative plans, which may include, but are not limited to, those generated by redistricting algorithms, exist that could have complied with the requirements of law and not been in violation of paragraph (1). (3) Determination of intent For purposes of paragraph (1), a rebuttable presumption shall exist that a redistricting plan enacted by the legislature of a State was not enacted with the intent of unduly favoring or disfavoring a political party if the plan was enacted with the support of at least a third of the members of the second largest political party in each house of the legislature. (4) No violation based on certain criteria No redistricting plan shall be found to be in violation of paragraph (1) because of partisan bias attributable to the application of the criteria set forth in paragraphs (1), (2), or (3) of subsection (a), unless one or more alternative plans could have complied with such paragraphs without having the effect of unduly favoring or disfavoring a political party. (c) Factors prohibited from consideration In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except as necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (a), to achieve partisan fairness and comply with subsection (b), and to enable the redistricting plan to be measured against the external metrics described in section 2413(d): (1) The residence of any Member of the House of Representatives or candidate. (2) The political party affiliation or voting history of the population of a district. (d) Applicability This section applies to any authority, whether appointed, elected, judicial, or otherwise, that designs or enacts a congressional redistricting plan of a State. (e) Severability of criteria If any of the criteria set forth in this section, or the application of such criteria to any person or circumstance, is held to be unconstitutional, the remaining criteria set forth in this section, and the application of such criteria to any person or circumstance, shall not be affected by the holding. 2 Independent Redistricting Commissions 2411. Independent redistricting commission (a) Appointment of members (1) In general The nonpartisan agency established or designated by a State under section 2414(a) shall establish an independent redistricting commission for the State, which shall consist of 15 members appointed by the agency as follows: (A) Not later than October 1 of a year ending in the numeral zero, the agency shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, first appoint 6 members as follows: (i) The agency shall appoint 2 members on a random basis from the majority category of the approved selection pool (as described in section 2412(b)(1)(A)). (ii) The agency shall appoint 2 members on a random basis from the minority category of the approved selection pool (as described in section 2412(b)(1)(B)). (iii) The agency shall appoint 2 members on a random basis from the independent category of the approved selection pool (as described in section 2412(b)(1)(C)). (B) Not later than November 15 of a year ending in the numeral zero, the members appointed by the agency under subparagraph (A) shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, then appoint 9 members as follows: (i) The members shall appoint 3 members from the majority category of the approved selection pool (as described in section 2412(b)(1)(A)). (ii) The members shall appoint 3 members from the minority category of the approved selection pool (as described in section 2412(b)(1)(B)). (iii) The members shall appoint 3 members from the independent category of the approved selection pool (as described in section 2412(b)(1)(C)). (2) Rules for appointment of members appointed by first members (A) Affirmative vote of at least 4 members The appointment of any of the 9 members of the independent redistricting commission who are appointed by the first members of the commission pursuant to subparagraph (B) of paragraph (1), as well as the designation of alternates for such members pursuant to subparagraph (B) of paragraph (3) and the appointment of alternates to fill vacancies pursuant to subparagraph (B) of paragraph (4), shall require the affirmative vote of at least 4 of the members appointed by the nonpartisan agency under subparagraph (A) of paragraph (1), including at least one member from each of the categories referred to in such subparagraph. (B) Ensuring diversity In appointing the 9 members pursuant to subparagraph (B) of paragraph (1), as well as in designating alternates pursuant to subparagraph (B) of paragraph (3) and in appointing alternates to fill vacancies pursuant to subparagraph (B) of paragraph (4), the first members of the independent redistricting commission shall ensure that the membership is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and provides racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 with a meaningful opportunity to participate in the development of the State’s redistricting plan. (3) Designation of alternates to serve in case of vacancies (A) Members appointed by agency At the time the agency appoints the members of the independent redistricting commission under subparagraph (A) of paragraph (1) from each of the categories referred to in such subparagraph, the agency shall, on a random basis, designate 2 other individuals from such category to serve as alternate members who may be appointed to fill vacancies in the commission in accordance with paragraph (4). (B) Members appointed by first members At the time the members appointed by the agency appoint the other members of the independent redistricting commission under subparagraph (B) of paragraph (1) from each of the categories referred to in such subparagraph, the members shall, in accordance with the special rules described in paragraph (2), designate 2 other individuals from such category to serve as alternate members who may be appointed to fill vacancies in the commission in accordance with paragraph (4). (4) Appointment of alternates to serve in case of vacancies (A) Members appointed by agency If a vacancy occurs in the commission with respect to a member who was appointed by the nonpartisan agency under subparagraph (A) of paragraph (1) from one of the categories referred to in such subparagraph, the agency shall fill the vacancy by appointing, on a random basis, one of the 2 alternates from such category who was designated under subparagraph (A) of paragraph (3). At the time the agency appoints an alternate to fill a vacancy under the previous sentence, the agency shall designate, on a random basis, another individual from the same category to serve as an alternate member, in accordance with subparagraph (A) of paragraph (3). (B) Members appointed by first members If a vacancy occurs in the commission with respect to a member who was appointed by the first members of the commission under subparagraph (B) of paragraph (1) from one of the categories referred to in such subparagraph, the first members shall, in accordance with the special rules described in paragraph (2), fill the vacancy by appointing one of the 2 alternates from such category who was designated under subparagraph (B) of paragraph (3). At the time the first members appoint an alternate to fill a vacancy under the previous sentence, the first members shall, in accordance with the special rules described in paragraph (2), designate another individual from the same category to serve as an alternate member, in accordance with subparagraph (B) of paragraph (3). (5) Removal A member of the independent redistricting commission may be removed by a majority vote of the remaining members of the commission if it is shown by a preponderance of the evidence that the member is not eligible to serve on the commission under section 2412(a). (b) Procedures for Conducting Commission Business (1) Chair Members of an independent redistricting commission established under this section shall select by majority vote one member who was appointed from the independent category of the approved selection pool described in section 2412(b)(1)(C) to serve as chair of the commission. The commission may not take any action to develop a redistricting plan for the State under section 2413 until the appointment of the commission’s chair. (2) Requiring majority approval for actions The independent redistricting commission of a State may not publish and disseminate any draft or final redistricting plan, or take any other action, without the approval of at least— (A) a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2412(b)(1). (3) Quorum A majority of the members of the commission shall constitute a quorum. (c) Staff; Contractors (1) Staff Under a public application process in which all application materials are available for public inspection, the independent redistricting commission of a State shall appoint and set the pay of technical experts, legal counsel, consultants, and such other staff as it considers appropriate, subject to State law. (2) Contractors The independent redistricting commission of a State may enter into such contracts with vendors as it considers appropriate, subject to State law, except that any such contract shall be valid only if approved by the vote of a majority of the members of the commission, including at least one member appointed from each of the categories of the approved selection pool described in section 2412(b)(1). (3) Reports on expenditures for political activity (A) Report by applicants Each individual who applies for a position as an employee of the independent redistricting commission and each vendor who applies for a contract with the commission shall, at the time of applying, file with the commission a report summarizing— (i) any expenditure for political activity made by such individual or vendor during the 10 most recent calendar years; and (ii) any income received by such individual or vendor during the 10 most recent calendar years which is attributable to an expenditure for political activity. (B) Annual reports by employees and vendors Each person who is an employee or vendor of the independent redistricting commission shall, not later than one year after the person is appointed as an employee or enters into a contract as a vendor (as the case may be) and annually thereafter for each year during which the person serves as an employee or a vendor, file with the commission a report summarizing the expenditures and income described in subparagraph (A) during the 10 most recent calendar years. (C) Expenditure for political activity defined In this paragraph, the term expenditure for political activity means a disbursement for any of the following: (i) An independent expenditure, as defined in section 301(17) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(17) ). (ii) An electioneering communication, as defined in section 304(f)(3) of such Act ( 52 U.S.C. 30104(f)(3) ) or any other public communication, as defined in section 301(22) of such Act ( 52 U.S.C. 30101(22) ) that would be an electioneering communication if it were a broadcast, cable, or satellite communication. (iii) Any dues or other payments to trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that are, or could reasonably be anticipated to be, used or transferred to another association or organization for a use described in paragraph (1), (2), or (4) of section 501(c) of such Code. (4) Goal of impartiality The commission shall take such steps as it considers appropriate to ensure that any staff appointed under this subsection, and any vendor with whom the commission enters into a contract under this subsection, will work in an impartial manner, and may require any person who applies for an appointment to a staff position or for a vendor’s contract with the commission to provide information on the person’s history of political activity beyond the information on the person’s expenditures for political activity provided in the reports required under paragraph (3) (including donations to candidates, political committees, and political parties) as a condition of the appointment or the contract. (5) Disqualification; waiver (A) In general The independent redistricting commission may not appoint an individual as an employee, and may not enter into a contract with a vendor, if the individual or vendor meets any of the criteria for the disqualification of an individual from serving as a member of the commission which are set forth in section 2412(a)(2). (B) Waiver The commission may by unanimous vote of its members waive the application of subparagraph (A) to an individual or a vendor after receiving and reviewing the report filed by the individual or vendor under paragraph (3). (d) Termination (1) In general The independent redistricting commission of a State shall terminate on the earlier of— (A) June 14 of the next year ending in the numeral zero; or (B) the day on which the nonpartisan agency established or designated by a State under section 2414(a) has, in accordance with section 2412(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 2414(b). (2) Preservation of records The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. 2412. Establishment of selection pool of individuals eligible to serve as members of commission (a) Criteria for eligibility (1) In general An individual is eligible to serve as a member of an independent redistricting commission if the individual meets each of the following criteria: (A) As of the date of appointment, the individual is registered to vote in elections for Federal office held in the State. (B) During the 3-year period ending on the date of the individual’s appointment, the individual has been continuously registered to vote with the same political party, or has not been registered to vote with any political party. (C) The individual submits to the nonpartisan agency established or designated by a State under section 2414, at such time and in such form as the agency may require, an application for inclusion in the selection pool under this section, and includes with the application a written statement, with an attestation under penalty of perjury, containing the following information and assurances: (i) The full current name and any former names of, and the contact information for, the individual, including an electronic mail address, the address of the individual’s residence, mailing address, and telephone numbers. (ii) The individual’s race, ethnicity, gender, age, date of birth, and household income for the most recent taxable year. (iii) The political party with which the individual is affiliated, if any. (iv) The reason or reasons the individual desires to serve on the independent redistricting commission, the individual’s qualifications, and information relevant to the ability of the individual to be fair and impartial, including— (I) any involvement with, or financial support of, professional, social, political, religious, or community organizations or causes; and (II) the individual’s employment and educational history. (v) An assurance that the individual shall commit to carrying out the individual’s duties under this subtitle in an honest, independent, and impartial fashion, and to upholding public confidence in the integrity of the redistricting process. (vi) An assurance that, during the covered periods described in paragraph (3), the individual has not taken and will not take any action which would disqualify the individual from serving as a member of the commission under paragraph (2). (2) Disqualifications An individual is not eligible to serve as a member of the commission if any of the following applies during any of the covered periods described in paragraph (3): (A) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual holds public office or is a candidate for election for public office. (B) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual serves as an officer of a political party or as an officer, employee, or paid consultant of a campaign committee of a candidate for public office or of any political action committee (as determined in accordance with the law of the State). (C) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual holds a position as a registered lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.) or an equivalent State or local law. (D) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual is an employee of an elected public official, a contractor with the government of the State, or a donor to the campaign of any candidate for public office or to any political action committee (other than a donor who, during any of such covered periods, gives an aggregate amount of $1,000 or less to the campaigns of all candidates for all public offices and to all political action committees). (E) The individual paid a civil money penalty or criminal fine, or was sentenced to a term of imprisonment, for violating any provision of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.). (F) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual is an agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq.). (3) Covered periods described In this subsection, the term covered period means, with respect to the appointment of an individual to the commission, any of the following: (A) The 10-year period ending on the date of the individual’s appointment. (B) The period beginning on the date of the individual’s appointment and ending on August 14 of the next year ending in the numeral one. (C) The 10-year period beginning on the day after the last day of the period described in subparagraph (B). (4) Immediate family member defined In this subsection, the term immediate family member means, with respect to an individual, a father, stepfather, mother, stepmother, son, stepson, daughter, stepdaughter, brother, stepbrother, sister, stepsister, husband, wife, father-in-law, or mother-in-law. (b) Development and submission of selection pool (1) In general Not later than June 15 of each year ending in the numeral zero, the nonpartisan agency established or designated by a State under section 2414(a) shall develop and submit to the Select Committee on Redistricting for the State established under section 2414(b) a selection pool of 36 individuals who are eligible to serve as members of the independent redistricting commission of the State under this subtitle, consisting of individuals in the following categories: (A) A majority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State. (B) A minority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (C) An independent category, consisting of 12 individuals who are not affiliated with either of the political parties described in subparagraph (A) or subparagraph (B). (2) Factors taken into account in developing pool In selecting individuals for the selection pool under this subsection, the nonpartisan agency shall— (A) ensure that the pool is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and includes applicants who would allow racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 a meaningful opportunity to participate in the development of the State’s redistricting plan; and (B) take into consideration the analytical skills of the individuals selected in relevant fields (including mapping, data management, law, community outreach, demography, and the geography of the State) and their ability to work on an impartial basis. (3) Interviews of applicants To assist the nonpartisan agency in developing the selection pool under this subsection, the nonpartisan agency shall conduct interviews of applicants under oath. If an individual is included in a selection pool developed under this section, all of the interviews of the individual shall be transcribed and the transcriptions made available on the nonpartisan agency’s website contemporaneously with release of the report under paragraph (6). (4) Determination of political party affiliation of individuals in selection pool For purposes of this section, an individual shall be considered to be affiliated with a political party only if the nonpartisan agency is able to verify (to the greatest extent possible) the information the individual provides in the application submitted under subsection (a)(1)(C), including by considering additional information provided by other persons with knowledge of the individual’s history of political activity. (5) Encouraging residents to apply for inclusion in pool The nonpartisan agency shall take such steps as may be necessary to ensure that residents of the State across various geographic regions and demographic groups are aware of the opportunity to serve on the independent redistricting commission, including publicizing the role of the panel and using newspapers, broadcast media, and online sources, including ethnic media, to encourage individuals to apply for inclusion in the selection pool developed under this subsection. (6) Report on establishment of selection pool At the time the nonpartisan agency submits the selection pool to the Select Committee on Redistricting under paragraph (1), it shall publish and post on the agency’s public website a report describing the process by which the pool was developed, and shall include in the report a description of how the individuals in the pool meet the eligibility criteria of subsection (a) and of how the pool reflects the factors the agency is required to take into consideration under paragraph (2). (7) Public comment on selection pool During the 14-day period which begins on the date the nonpartisan agency publishes the report under paragraph (6), the agency shall accept comments from the public on the individuals included in the selection pool. The agency shall post all such comments contemporaneously on the nonpartisan agency’s website and shall transmit them to the Select Committee on Redistricting immediately upon the expiration of such period. (8) Action by Select Committee (A) In general Not earlier than 15 days and not later than 21 days after receiving the selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote— (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2411(a)(1); or (ii) reject the pool, in which case the nonpartisan agency shall develop and submit a replacement selection pool in accordance with subsection (c). (B) Inaction deemed rejection If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (c) Development of replacement selection pool (1) In general If the Select Committee on Redistricting rejects the selection pool submitted by the nonpartisan agency under subsection (b), not later than 14 days after the rejection, the nonpartisan agency shall develop and submit to the Select Committee a replacement selection pool, under the same terms and conditions that applied to the development and submission of the selection pool under paragraphs (1) through (7) of subsection (b). The replacement pool submitted under this paragraph may include individuals who were included in the rejected selection pool submitted under subsection (b), so long as at least one of the individuals in the replacement pool was not included in such rejected pool. (2) Action by Select Committee (A) In general Not later than 21 days after receiving the replacement selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote— (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2411(a)(1); or (ii) reject the pool, in which case the nonpartisan agency shall develop and submit a second replacement selection pool in accordance with subsection (d). (B) Inaction deemed rejection If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (d) Development of second replacement selection pool (1) In general If the Select Committee on Redistricting rejects the replacement selection pool submitted by the nonpartisan agency under subsection (c), not later than 14 days after the rejection, the nonpartisan agency shall develop and submit to the Select Committee a second replacement selection pool, under the same terms and conditions that applied to the development and submission of the selection pool under paragraphs (1) through (7) of subsection (b). The second replacement selection pool submitted under this paragraph may include individuals who were included in the rejected selection pool submitted under subsection (b) or the rejected replacement selection pool submitted under subsection (c), so long as at least one of the individuals in the replacement pool was not included in either such rejected pool. (2) Action by Select Committee (A) In general Not earlier than 15 days and not later than 14 days after receiving the second replacement selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote— (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2411(a)(1); or (ii) reject the pool. (B) Inaction deemed rejection If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (C) Effect of rejection If the Select Committee on Redistricting rejects the second replacement pool from the nonpartisan agency under paragraph (1), the redistricting plan for the State shall be developed and enacted in accordance with part 3. 2413. Public notice and input (a) Public notice and input (1) Use of open and transparent process The independent redistricting commission of a State shall hold each of its meetings in public, shall solicit and take into consideration comments from the public, including proposed maps, throughout the process of developing the redistricting plan for the State, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Website (A) Features The commission shall maintain a public internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features: (i) General information on the commission, its role in the redistricting process, and its members, including contact information. (ii) An updated schedule of commission hearings and activities, including deadlines for the submission of comments. (iii) All draft redistricting plans developed by the commission under subsection (b) and the final redistricting plan developed under subsection (c), including the accompanying written evaluation under subsection (d). (iv) All comments received from the public on the commission’s activities, including any proposed maps submitted under paragraph (1). (v) Live streaming of commission hearings and an archive of previous meetings, including any documents considered at any such meeting, which the commission shall post not later than 24 hours after the conclusion of the meeting. (vi) Access in an easily usable format to the demographic and other data used by the commission to develop and analyze the proposed redistricting plans, together with access to any software used to draw maps of proposed districts and to any reports analyzing and evaluating any such maps. (vii) A method by which members of the public may submit comments and proposed maps directly to the commission. (viii) All records of the commission, including all communications to or from members, employees, and contractors regarding the work of the commission. (ix) A list of all contractors receiving payment from the commission, together with the annual disclosures submitted by the contractors under section 2411(c)(3). (x) A list of the names of all individuals who submitted applications to serve on the commission, together with the applications submitted by individuals included in any selection pool, except that the commission may redact from such applications any financial or other personally sensitive information. (B) Searchable format The commission shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format. (C) Deadline The commission shall ensure that the public internet site under this paragraph is operational (in at least a preliminary format) not later than January 1 of the year ending in the numeral one. (3) Public comment period The commission shall solicit, accept, and consider comments from the public with respect to its duties, activities, and procedures at any time during the period— (A) which begins on January 1 of the year ending in the numeral one; and (B) which ends 7 days before the date of the meeting at which the commission shall vote on approving the final redistricting plan for enactment into law under subsection (c)(2). (4) Meetings and hearings in various geographic locations To the greatest extent practicable, the commission shall hold its meetings and hearings in various geographic regions and locations throughout the State. (5) Multiple language requirements for all notices The commission shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (b) Development and Publication of Preliminary Redistricting Plan (1) In general Prior to developing and publishing a final redistricting plan under subsection (c), the independent redistricting commission of a State shall develop and publish a preliminary redistricting plan. (2) Minimum public hearings and opportunity for comment prior to development (A) 3 hearings required Prior to developing a preliminary redistricting plan under this subsection, the commission shall hold not fewer than 3 public hearings at which members of the public may provide input and comments regarding the potential contents of redistricting plans for the State and the process by which the commission will develop the preliminary plan under this subsection. (B) Minimum period for notice prior to hearings Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing on the website maintained under subsection (a)(2), and shall provide for the publication of such notices in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (C) Submission of plans and maps by members of the public Any member of the public may submit maps or portions of maps for consideration by the commission. As provided under subsection (a)(2)(A), any such map shall be made publicly available on the commission’s website and open to comment. (3) Publication of preliminary plan (A) In general The commission shall post the preliminary redistricting plan developed under this subsection, together with a report that includes the commission’s responses to any public comments received under subsection (a)(3), on the website maintained under subsection (a)(2), and shall provide for the publication of each such plan in newspapers of general circulation throughout the State. (B) Minimum period for notice prior to publication Not fewer than 14 days prior to the date on which the commission posts and publishes the preliminary plan under this paragraph, the commission shall notify the public through the website maintained under subsection (a)(2), as well as through publication of notice in newspapers of general circulation throughout the State, of the pending publication of the plan. (4) Minimum post-publication period for public comment The commission shall accept and consider comments from the public (including through the website maintained under subsection (a)(2)) with respect to the preliminary redistricting plan published under paragraph (3), including proposed revisions to maps, for not fewer than 30 days after the date on which the plan is published. (5) Post-publication hearings (A) 3 hearings required After posting and publishing the preliminary redistricting plan under paragraph (3), the commission shall hold not fewer than 3 public hearings in different geographic areas of the State at which members of the public may provide input and comments regarding the preliminary plan. (B) Minimum period for notice prior to hearings Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing on the website maintained under subsection (a)(2), and shall provide for the publication of such notices in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (6) Permitting multiple preliminary plans At the option of the commission, after developing and publishing the preliminary redistricting plan under this subsection, the commission may develop and publish subsequent preliminary redistricting plans, so long as the process for the development and publication of each such subsequent plan meets the requirements set forth in this subsection for the development and publication of the first preliminary redistricting plan. (c) Process for Enactment of Final Redistricting Plan (1) In general After taking into consideration comments from the public on any preliminary redistricting plan developed and published under subsection (b), the independent redistricting commission of a State shall develop and publish a final redistricting plan for the State. (2) Meeting; final vote Not later than the deadline specified in subsection (e), the commission shall hold a public hearing at which the members of the commission shall vote on approving the final plan for enactment into law. (3) Publication of plan and accompanying materials Not fewer than 14 days before the date of the meeting under paragraph (2), the commission shall provide the following information to the public through the website maintained under subsection (a)(2), as well as through newspapers of general circulation throughout the State: (A) The final redistricting plan, including all relevant maps. (B) A report by the commission to accompany the plan which provides the background for the plan and the commission’s reasons for selecting the plan as the final redistricting plan, including responses to the public comments received on any preliminary redistricting plan developed and published under subsection (b). (C) Any dissenting or additional views with respect to the plan of individual members of the commission. (4) Enactment Subject to paragraph (5), the final redistricting plan developed and published under this subsection shall be deemed to be enacted into law upon the expiration of the 45-day period which begins on the date on which— (A) such final plan is approved by a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2412(b)(1) approves such final plan. (5) Review by Department of Justice (A) Requiring submission of plan for review The final redistricting plan shall not be deemed to be enacted into law unless the State submits the plan to the Department of Justice for an administrative review to determine if the plan is in compliance with the criteria described in paragraphs (2) and (3) of section 2403(a). (B) Termination of review The Department of Justice shall terminate any administrative review under subparagraph (A) if, during the 45-day period which begins on the date the plan is enacted into law, an action is filed in a United States district court alleging that the plan is not in compliance with the criteria described in paragraphs (2) and (3) of section 2403(a). (d) Written evaluation of plan against external metrics The independent redistricting commission shall include with each redistricting plan developed and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 2403(a), including the impact of the plan on the ability of communities of color to elect candidates of choice, measures of partisan fairness using multiple accepted methodologies, and the degree to which the plan preserves or divides communities of interest. (e) Timing The independent redistricting commission of a State may begin its work on the redistricting plan of the State upon receipt of relevant population information from the Bureau of the Census, and shall approve a final redistricting plan for the State in each year ending in the numeral one not later than 8 months after the date on which the State receives the State apportionment notice or October 1, whichever occurs later. 2414. Establishment of related entities (a) Establishment or Designation of Nonpartisan Agency of State Legislature (1) In general Each State shall establish a nonpartisan agency in the legislative branch of the State government to appoint the members of the independent redistricting commission for the State in accordance with section 2411. (2) Nonpartisanship described For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency— (A) is required to provide services on a nonpartisan basis; (B) is required to maintain impartiality; and (C) is prohibited from advocating for the adoption or rejection of any legislative proposal. (3) Training of members appointed to commission Not later than January 15 of a year ending in the numeral one, the nonpartisan agency established or designated under this subsection shall provide the members of the independent redistricting commission with initial training on their obligations as members of the commission, including obligations under the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.) and other applicable laws. (4) Regulations The nonpartisan agency established or designated under this subsection shall adopt and publish regulations, after notice and opportunity for comment, establishing the procedures that the agency will follow in fulfilling its duties under this subtitle, including the procedures to be used in vetting the qualifications and political affiliation of applicants and in creating the selection pools, the randomized process to be used in selecting the initial members of the independent redistricting commission, and the rules that the agency will apply to ensure that the agency carries out its duties under this subtitle in a maximally transparent, publicly accessible, and impartial manner. (5) Designation of existing agency At its option, a State may designate an existing agency in the legislative branch of its government to appoint the members of the independent redistricting commission plan for the State under this subtitle, so long as the agency meets the requirements for nonpartisanship under this subsection. (6) Termination of agency specifically established for redistricting If a State does not designate an existing agency under paragraph (5) but instead establishes a new agency to serve as the nonpartisan agency under this section, the new agency shall terminate upon the enactment into law of the redistricting plan for the State. (7) Preservation of records The State shall ensure that the records of the nonpartisan agency are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. (8) Deadline The State shall meet the requirements of this subsection not later than each October 15 of a year ending in the numeral nine. (b) Establishment of Select Committee on Redistricting (1) In general Each State shall appoint a Select Committee on Redistricting to approve or disapprove a selection pool developed for the State by the nonpartisan agency pursuant to section 2412(b). (2) Appointment The Select Committee on Redistricting for a State under this subsection shall consist of the following members: (A) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the upper house. (B) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the upper house. (C) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the lower house. (D) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the lower house. (3) Special rule for States with unicameral legislature In the case of a State with a unicameral legislature, the Select Committee on Redistricting for the State under this subsection shall consist of the following members: (A) Two members of the State legislature appointed by the chair of the political party of the State whose candidate received the highest percentage of votes in the most recent statewide election for Federal office held in the State. (B) Two members of the State legislature appointed by the chair of the political party whose candidate received the second highest percentage of votes in the most recent statewide election for Federal office held in the State. (4) Deadline The State shall meet the requirements of this subsection not later than each January 15 of a year ending in the numeral zero. (5) Rule of construction Nothing in this subsection may be construed to prohibit the leader of any political party in a legislature from appointment to the Select Committee on Redistricting. 2415. Report on diversity of memberships of independent redistricting commissions Not later than May 15 of a year ending in the numeral one, the Comptroller General of the United States shall submit to Congress a report on the extent to which the memberships of independent redistricting commissions for States established under this part with respect to the immediately preceding year ending in the numeral zero meet the diversity requirements as provided for in sections 2411(a)(2)(B) and 2412(b)(2). 3 Role of Courts in Development of Redistricting Plans 2421. Enactment of plan developed by 3-judge court (a) Development of Plan If any of the triggering events described in subsection (f) occur with respect to a State— (1) not later than December 15 of the year in which the triggering event occurs, the United States district court for the applicable venue, acting through a 3-judge court convened pursuant to section 2284 of title 28, United States Code, shall develop and publish the congressional redistricting plan for the State; and (2) the final plan developed and published by the court under this section shall be deemed to be enacted on the date on which the court publishes the final plan, as described in subsection (d). (b) Applicable venue described For purposes of this section, the applicable venue with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence of the occurrence of a triggering event described in subsection (f). (c) Procedures for Development of Plan (1) Criteria In developing a redistricting plan for a State under this section, the court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the independent redistricting commission of the State under section 2403. (2) Access to information and records of commission The court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the independent redistricting commission of the State in carrying out its duties under this subtitle. (3) Hearing; public participation In developing a redistricting plan for a State, the court shall— (A) hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the court; and (B) consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State. (4) Use of special master To assist in the development and publication of a redistricting plan for a State under this section, the court may appoint a special master to make recommendations to the court on possible plans for the State. (d) Publication of plan (1) Public availability of initial plan Upon completing the development of one or more initial redistricting plans, the court shall make the plans available to the public at no cost, and shall also make available the underlying data used by the court to develop the plans and a written evaluation of the plans against external metrics (as described in section 2413(d)). (2) Publication of final plan At any time after the expiration of the 14-day period which begins on the date the court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the court shall develop and publish the final redistricting plan for the State. (e) Use of interim plan In the event that the court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the court to develop and publish the final redistricting plan, including the discretion to make any changes the court deems necessary to an interim redistricting plan. (f) Triggering Events Described The triggering events described in this subsection are as follows: (1) The failure of the State to establish or designate a nonpartisan agency of the State legislature under section 2414(a) prior to the expiration of the deadline set forth in section 2414(a)(8). (2) The failure of the State to appoint a Select Committee on Redistricting under section 2414(b) prior to the expiration of the deadline set forth in section 2414(b)(4). (3) The failure of the Select Committee on Redistricting to approve any selection pool under section 2412 prior to the expiration of the deadline set forth for the approval of the second replacement selection pool in section 2412(d)(2). (4) The failure of the independent redistricting commission of the State to approve a final redistricting plan for the State prior to the expiration of the deadline set forth in section 2413(e). 2422. Special rule for redistricting conducted under order of Federal court If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.), section 2413 shall apply with respect to the redistricting, except that the court may revise any of the deadlines set forth in such section if the court determines that a revision is appropriate in order to provide for a timely enactment of a new redistricting plan for the State. 4 Administrative and Miscellaneous Provisions 2431. Payments to States for carrying out redistricting (a) Authorization of payments Subject to subsection (d), not later than 30 days after a State receives a State apportionment notice, the Election Assistance Commission shall, subject to the availability of appropriations provided pursuant to subsection (e), make a payment to the State in an amount equal to the product of— (1) the number of Representatives to which the State is entitled, as provided under the notice; and (2) $150,000. (b) Use of funds A State shall use the payment made under this section to establish and operate the State’s independent redistricting commission, to implement the State redistricting plan, and to otherwise carry out congressional redistricting in the State. (c) No payment to states with single member The Election Assistance Commission shall not make a payment under this section to any State which is not entitled to more than one Representative under its State apportionment notice. (d) Requiring Submission of Selection Pool as Condition of Payment (1) Requirement Except as provided in paragraph (2), the Election Assistance Commission may not make a payment to a State under this section until the State certifies to the Commission that the nonpartisan agency established or designated by a State under section 2414(a) has, in accordance with section 2412(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 2414(b). (2) Exception for States with existing commissions In the case of a State which, pursuant to section 2401(c), is exempt from the requirements of section 2401(a), the Commission may not make a payment to the State under this section until the State certifies to the Commission that its redistricting commission meets the requirements of section 2401(c). (3) Exception for state of iowa In the case of the State of Iowa, the Commission may not make a payment to the State under this section until the State certifies to the Commission that it will carry out congressional redistricting pursuant to the State’s apportionment notice in accordance with a plan developed by the Iowa Legislative Services Agency with the assistance of a Temporary Redistricting Advisory Commission, as provided under the law described in section 2401(d). (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for payments under this section. 2432. Civil enforcement (a) Civil Enforcement (1) Actions by Attorney General The Attorney General may bring a civil action in an appropriate district court for such relief as may be appropriate to carry out this subtitle. (2) Availability of private right of action Any citizen of a State who is aggrieved by the failure of the State to meet the requirements of this subtitle may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. For purposes of this section, the applicable venue is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the person who brings the civil action. (b) Expedited Consideration In any action brought forth under this section, the following rules shall apply: (1) The action shall be filed in the district court of the United States for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action. (2) The action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (3) The 3-judge court shall consolidate actions brought for relief under subsection (b)(1) with respect to the same State redistricting plan. (4) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (5) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (6) It shall be the duty of the district court and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (c) Remedies (1) Adoption of replacement plan (A) In general If the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of this subtitle— (i) the court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 2421; or (ii) if circumstances warrant and no delay to an upcoming regularly scheduled election for the House of Representatives in the State would result, the district court may allow a State to develop and propose a remedial congressional redistricting plan for consideration by the court, and such remedial plan may be developed by the State by adopting such appropriate changes to the State’s enacted plan as may be ordered by the court. (B) Special rule in case final adjudication not expected within 3 months of election If final adjudication of an action under this section is not reasonably expected to be completed at least three months prior to the next regularly scheduled election for the House of Representatives in the State, the district court shall, as the balance of equities warrant,— (i) order development, adoption, and use of an interim congressional redistricting plan in accordance with section 2421(e) to address any claims under this title for which a party seeking relief has demonstrated a substantial likelihood of success; or (ii) order adjustments to the timing of primary elections for the House of Representatives, as needed, to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the House of Representatives. (2) No injunctive relief permitted Any remedial or replacement congressional redistricting plan ordered under this subsection shall not be subject to temporary or preliminary injunctive relief from any court unless the record establishes that a writ of mandamus is warranted. (3) No stay pending appeal Notwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this subtitle, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. (d) Attorney’s Fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (e) Relation to Other Laws (1) Rights and remedies additional to other rights and remedies The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this subtitle shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.). (2) Voting Rights Act of 1965 Nothing in this subtitle authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.). (f) Legislative privilege No person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to a redistricting plan enacted under this subtitle. 2433. State apportionment notice defined In this subtitle, the State apportionment notice means, with respect to a State, the notice sent to the State from the Clerk of the House of Representatives under section 22(b) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), of the number of Representatives to which the State is entitled. 2434. No effect on elections for State and local office Nothing in this subtitle or in any amendment made by this subtitle may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. 2435. Effective date This subtitle and the amendments made by this subtitle shall apply with respect to redistricting carried out pursuant to the decennial census conducted during 2030 or any succeeding decennial census. 5 Requirements for Redistricting Carried Out Pursuant to 2020 Census A Application of Certain Requirements for Redistricting Carried out Pursuant to 2020 Census 2441. Application of certain requirements for redistricting carried out pursuant to 2020 Census Notwithstanding section 2435, parts 1, 3, and 4 of this subtitle and the amendments made by such parts shall apply with respect to congressional redistricting carried out pursuant to the decennial census conducted during 2020 in the same manner as such parts and the amendments made by such parts apply with respect to redistricting carried out pursuant to the decennial census conducted during 2030, except as follows: (1) Except as provided in subsection (c) and subsection (d) of section 2401, the redistricting shall be conducted in accordance with— (A) the redistricting plan developed and enacted into law by the independent redistricting commission established in the State in accordance with subpart B; or (B) if a plan developed by such commission is not enacted into law, the redistricting plan developed and enacted into law by a 3-judge court in accordance with section 2421. (2) If any of the triggering events described in section 2442 occur with respect to the State, the United States district court for the applicable venue shall develop and publish the redistricting plan for the State, in accordance with section 2421, not later than December 15, 2021. (3) For purposes of section 2431(d)(1), the Election Assistance Commission may not make a payment to a State under such section until the State certifies to the Commission that the nonpartisan agency established or designated by a State under section 2454(a) has, in accordance with section 2452(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 2454(b). 2442. Triggering events For purposes of the redistricting carried out pursuant to the decennial census conducted during 2020, the triggering events described in this section are as follows: (1) The failure of the State to establish or designate a nonpartisan agency under section 2454(a) prior to the expiration of the deadline under section 2454(a)(6). (2) The failure of the State to appoint a Select Committee on Redistricting under section 2454(b) prior to the expiration of the deadline under section 2454(b)(4). (3) The failure of the Select Committee on Redistricting to approve a selection pool under section 2452(b) prior to the expiration of the deadline under section 2452(b)(7). (4) The failure of the independent redistricting commission of the State to approve a final redistricting plan for the State under section 2453 prior to the expiration of the deadline under section 2453(e). B Independent Redistricting Commissions for Redistricting Carried Out Pursuant to 2020 Census 2451. Use of independent redistricting commissions for redistricting carried out pursuant to 2020 Census (a) Appointment of members (1) In general The nonpartisan agency established or designated by a State under section 2454(a) shall establish an independent redistricting commission under this part for the State, which shall consist of 15 members appointed by the agency as follows: (A) Not later than August 5, 2021, the agency shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, first appoint 6 members as follows: (i) The agency shall appoint 2 members on a random basis from the majority category of the approved selection pool (as described in section 2452(b)(1)(A)). (ii) The agency shall appoint 2 members on a random basis from the minority category of the approved selection pool (as described in section 2452(b)(1)(B)). (iii) The agency shall appoint 2 members on a random basis from the independent category of the approved selection pool (as described in section 2452(b)(1)(C)). (B) Not later than August 15, 2021, the members appointed by the agency under subparagraph (A) shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, then appoint 9 members as follows: (i) The members shall appoint 3 members from the majority category of the approved selection pool (as described in section 2452(b)(1)(A)). (ii) The members shall appoint 3 members from the minority category of the approved selection pool (as described in section 2452(b)(1)(B)). (iii) The members shall appoint 3 members from the independent category of the approved selection pool (as described in section 2452(b)(1)(C)). (2) Rules for appointment of members appointed by first members (A) Affirmative vote of at least 4 members The appointment of any of the 9 members of the independent redistricting commission who are appointed by the first members of the commission pursuant to subparagraph (B) of paragraph (1) shall require the affirmative vote of at least 4 of the members appointed by the nonpartisan agency under subparagraph (A) of paragraph (1), including at least one member from each of the categories referred to in such subparagraph. (B) Ensuring diversity In appointing the 9 members pursuant to subparagraph (B) of paragraph (1), the first members of the independent redistricting commission shall ensure that the membership is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and provides racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 with a meaningful opportunity to participate in the development of the State’s redistricting plan. (3) Removal A member of the independent redistricting commission may be removed by a majority vote of the remaining members of the commission if it is shown by a preponderance of the evidence that the member is not eligible to serve on the commission under section 2452(a). (b) Procedures for Conducting Commission Business (1) Requiring majority approval for actions The independent redistricting commission of a State under this part may not publish and disseminate any draft or final redistricting plan, or take any other action, without the approval of at least— (A) a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2452(b)(1). (2) Quorum A majority of the members of the commission shall constitute a quorum. (c) Staff; Contractors (1) Staff Under a public application process in which all application materials are available for public inspection, the independent redistricting commission of a State under this part shall appoint and set the pay of technical experts, legal counsel, consultants, and such other staff as it considers appropriate, subject to State law. (2) Contractors The independent redistricting commission of a State may enter into such contracts with vendors as it considers appropriate, subject to State law, except that any such contract shall be valid only if approved by the vote of a majority of the members of the commission, including at least one member appointed from each of the categories of the approved selection pool described in section 2452(b)(1). (3) Goal of impartiality The commission shall take such steps as it considers appropriate to ensure that any staff appointed under this subsection, and any vendor with whom the commission enters into a contract under this subsection, will work in an impartial manner. (d) Preservation of records The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. 2452. Establishment of selection pool of individuals eligible to serve as members of commission (a) Criteria for Eligibility (1) In general An individual is eligible to serve as a member of an independent redistricting commission under this part if the individual meets each of the following criteria: (A) As of the date of appointment, the individual is registered to vote in elections for Federal office held in the State. (B) During the 3-year period ending on the date of the individual’s appointment, the individual has been continuously registered to vote with the same political party, or has not been registered to vote with any political party. (C) The individual submits to the nonpartisan agency established or designated by a State under section 2454, at such time and in such form as the agency may require, an application for inclusion in the selection pool under this section, and includes with the application a written statement, with an attestation under penalty of perjury, containing the following information and assurances: (i) The full current name and any former names of, and the contact information for, the individual, including an electronic mail address, the address of the individual’s residence, mailing address, and telephone numbers. (ii) The individual’s race, ethnicity, gender, age, date of birth, and household income for the most recent taxable year. (iii) The political party with which the individual is affiliated, if any. (iv) The reason or reasons the individual desires to serve on the independent redistricting commission, the individual’s qualifications, and information relevant to the ability of the individual to be fair and impartial, including— (I) any involvement with, or financial support of, professional, social, political, religious, or community organizations or causes; and (II) the individual’s employment and educational history. (v) An assurance that the individual shall commit to carrying out the individual’s duties under this subtitle in an honest, independent, and impartial fashion, and to upholding public confidence in the integrity of the redistricting process. (vi) An assurance that, during such covered period as the State may establish with respect to any of the subparagraphs of paragraph (2), the individual has not taken and will not take any action which would disqualify the individual from serving as a member of the commission under such paragraph. (2) Disqualifications An individual is not eligible to serve as a member of the commission if any of the following applies with respect to such covered period as the State may establish: (A) The individual or an immediate family member of the individual holds public office or is a candidate for election for public office. (B) The individual or an immediate family member of the individual serves as an officer of a political party or as an officer, employee, or paid consultant of a campaign committee of a candidate for public office or of any political action committee (as determined in accordance with the law of the State). (C) The individual or an immediate family member of the individual holds a position as a registered lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.) or an equivalent State or local law. (D) The individual or an immediate family member of the individual is an employee of an elected public official, a contractor with the government of the State, or a donor to the campaign of any candidate for public office or to any political action committee (other than a donor who, during any of such covered periods, gives an aggregate amount of $1,000 or less to the campaigns of all candidates for all public offices and to all political action committees). (E) The individual paid a civil money penalty or criminal fine, or was sentenced to a term of imprisonment, for violating any provision of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.). (F) The individual or an immediate family member of the individual is an agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq.). (3) Immediate family member defined In this subsection, the term immediate family member means, with respect to an individual, a father, stepfather, mother, stepmother, son, stepson, daughter, stepdaughter, brother, stepbrother, sister, stepsister, husband, wife, father-in-law, or mother-in-law. (b) Development and Submission of Selection Pool (1) In general Not later than July 15, 2021, the nonpartisan agency established or designated by a State under section 2454(a) shall develop and submit to the Select Committee on Redistricting for the State established under section 2454(b) a selection pool of 36 individuals who are eligible to serve as members of the independent redistricting commission of the State under this part, consisting of individuals in the following categories: (A) A majority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the most votes in the most recent Statewide election for Federal office held in the State. (B) A minority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the second most votes in the most recent Statewide election for Federal office held in the State. (C) An independent category, consisting of 12 individuals who are not affiliated with either of the political parties described in subparagraph (A) or subparagraph (B). (2) Factors taken into account in developing pool In selecting individuals for the selection pool under this subsection, the nonpartisan agency shall— (A) ensure that the pool is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and includes applicants who would allow racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 a meaningful opportunity to participate in the development of the State’s redistricting plan; and (B) take into consideration the analytical skills of the individuals selected in relevant fields (including mapping, data management, law, community outreach, demography, and the geography of the State) and their ability to work on an impartial basis. (3) Determination of political party affiliation of individuals in selection pool For purposes of this section, an individual shall be considered to be affiliated with a political party only if the nonpartisan agency is able to verify (to the greatest extent possible) the information the individual provides in the application submitted under subsection (a)(1)(C), including by considering additional information provided by other persons with knowledge of the individual’s history of political activity. (4) Encouraging residents to apply for inclusion in pool The nonpartisan agency shall take such steps as may be necessary to ensure that residents of the State across various geographic regions and demographic groups are aware of the opportunity to serve on the independent redistricting commission, including publicizing the role of the panel and using newspapers, broadcast media, and online sources, including ethnic media, to encourage individuals to apply for inclusion in the selection pool developed under this subsection. (5) Report on establishment of selection pool At the time the nonpartisan agency submits the selection pool to the Select Committee on Redistricting under paragraph (1), it shall publish a report describing the process by which the pool was developed, and shall include in the report a description of how the individuals in the pool meet the eligibility criteria of subsection (a) and of how the pool reflects the factors the agency is required to take into consideration under paragraph (2). (6) Public comment on selection pool During the 14-day period which begins on the date the nonpartisan agency publishes the report under paragraph (5), the agency shall accept comments from the public on the individuals included in the selection pool. The agency shall transmit all such comments to the Select Committee on Redistricting immediately upon the expiration of such period. (7) Action by Select Committee (A) In general Not later than August 1, 2021, the Select Committee on Redistricting shall— (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2451(a)(1); or (ii) reject the pool, in which case the redistricting plan for the State shall be developed and enacted in accordance with part 3. (B) Inaction deemed rejection If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. 2453. Criteria for redistricting plan; public notice and input (a) Public notice and input (1) Use of open and transparent process The independent redistricting commission of a State under this part shall hold each of its meetings in public, shall solicit and take into consideration comments from the public, including proposed maps, throughout the process of developing the redistricting plan for the State, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Public comment period The commission shall solicit, accept, and consider comments from the public with respect to its duties, activities, and procedures at any time until 7 days before the date of the meeting at which the commission shall vote on approving the final redistricting plan for enactment into law under subsection (c)(2). (3) Meetings and hearings in various geographic locations To the greatest extent practicable, the commission shall hold its meetings and hearings in various geographic regions and locations throughout the State. (4) Multiple language requirements for all notices The commission shall make each notice which is required to be published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (b) Development and Publication of Preliminary Redistricting Plan (1) In general Prior to developing and publishing a final redistricting plan under subsection (c), the independent redistricting commission of a State under this part shall develop and publish a preliminary redistricting plan. (2) Minimum public hearings and opportunity for comment prior to development (A) 2 hearings required Prior to developing a preliminary redistricting plan under this subsection, the commission shall hold not fewer than 2 public hearings at which members of the public may provide input and comments regarding the potential contents of redistricting plans for the State and the process by which the commission will develop the preliminary plan under this subsection. (B) Notice prior to hearings The commission shall provide for the publication of notices of each hearing held under this paragraph, including in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (C) Submission of plans and maps by members of the public Any member of the public may submit maps or portions of maps for consideration by the commission. (3) Publication of preliminary plan The commission shall provide for the publication of the preliminary redistricting plan developed under this subsection, including in newspapers of general circulation throughout the State, and shall make publicly available a report that includes the commission’s responses to any public comments received under this subsection. (4) Public comment after publication The commission shall accept and consider comments from the public with respect to the preliminary redistricting plan published under paragraph (3), including proposed revisions to maps, until 14 days before the date of the meeting under subsection (c)(2) at which the members of the commission shall vote on approving the final redistricting plan for enactment into law. (5) Post-publication hearings (A) 2 hearings required After publishing the preliminary redistricting plan under paragraph (3), and not later than 14 days before the date of the meeting under subsection (c)(2) at which the members of the commission shall vote on approving the final redistricting plan for enactment into law, the commission shall hold not fewer than 2 public hearings in different geographic areas of the State at which members of the public may provide input and comments regarding the preliminary plan. (B) Notice prior to hearings The commission shall provide for the publication of notices of each hearing held under this paragraph, including in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (6) Permitting multiple preliminary plans At the option of the commission, after developing and publishing the preliminary redistricting plan under this subsection, the commission may develop and publish subsequent preliminary redistricting plans, so long as the process for the development and publication of each such subsequent plan meets the requirements set forth in this subsection for the development and publication of the first preliminary redistricting plan. (c) Process for Enactment of Final Redistricting Plan (1) In general After taking into consideration comments from the public on any preliminary redistricting plan developed and published under subsection (b), the independent redistricting commission of a State under this part shall develop and publish a final redistricting plan for the State. (2) Meeting; final vote Not later than the deadline specified in subsection (e), the commission shall hold a public hearing at which the members of the commission shall vote on approving the final plan for enactment into law. (3) Publication of plan and accompanying materials Not fewer than 14 days before the date of the meeting under paragraph (2), the commission shall make the following information available to the public, including through newspapers of general circulation throughout the State: (A) The final redistricting plan, including all relevant maps. (B) A report by the commission to accompany the plan which provides the background for the plan and the commission’s reasons for selecting the plan as the final redistricting plan, including responses to the public comments received on any preliminary redistricting plan developed and published under subsection (b). (C) Any dissenting or additional views with respect to the plan of individual members of the commission. (4) Enactment The final redistricting plan developed and published under this subsection shall be deemed to be enacted into law upon the expiration of the 45-day period which begins on the date on which— (A) such final plan is approved by a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2452(b)(1) approves such final plan. (d) Written evaluation of plan against external metrics The independent redistricting commission of a State under this part shall include with each redistricting plan developed and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 2403(a), including the impact of the plan on the ability of communities of color to elect candidates of choice, measures of partisan fairness using multiple accepted methodologies, and the degree to which the plan preserves or divides communities of interest. (e) Deadline The independent redistricting commission of a State under this part shall approve a final redistricting plan for the State not later than November 15, 2021. 2454. Establishment of related entities (a) Establishment or Designation of Nonpartisan Agency of State Legislature (1) In general Each State shall establish a nonpartisan agency in the legislative branch of the State government to appoint the members of the independent redistricting commission for the State under this part in accordance with section 2451. (2) Nonpartisanship described For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency— (A) is required to provide services on a nonpartisan basis; (B) is required to maintain impartiality; and (C) is prohibited from advocating for the adoption or rejection of any legislative proposal. (3) Designation of existing agency At its option, a State may designate an existing agency in the legislative branch of its government to appoint the members of the independent redistricting commission plan for the State under this subtitle, so long as the agency meets the requirements for nonpartisanship under this subsection. (4) Termination of agency specifically established for redistricting If a State does not designate an existing agency under paragraph (3) but instead establishes a new agency to serve as the nonpartisan agency under this section, the new agency shall terminate upon the enactment into law of the redistricting plan for the State. (5) Preservation of records The State shall ensure that the records of the nonpartisan agency are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. (6) Deadline The State shall meet the requirements of this subsection not later than June 1, 2021. (b) Establishment of Select Committee on Redistricting (1) In general Each State shall appoint a Select Committee on Redistricting to approve or disapprove a selection pool developed by the independent redistricting commission for the State under this part under section 2452. (2) Appointment The Select Committee on Redistricting for a State under this subsection shall consist of the following members: (A) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the upper house. (B) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the upper house. (C) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the lower house. (D) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the lower house. (3) Special rule for States with unicameral legislature In the case of a State with a unicameral legislature, the Select Committee on Redistricting for the State under this subsection shall consist of the following members: (A) Two members of the State legislature appointed by the chair of the political party of the State whose candidate received the highest percentage of votes in the most recent Statewide election for Federal office held in the State. (B) Two members of the State legislature appointed by the chair of the political party whose candidate received the second highest percentage of votes in the most recent Statewide election for Federal office held in the State. (4) Deadline The State shall meet the requirements of this subsection not later than June 15, 2021. (5) Rule of construction Nothing in this subsection may be construed to prohibit the leader of any political party in a legislature from appointment to the Select Committee on Redistricting. 2455. Report on diversity of memberships of independent redistricting commissions Not later than November 15, 2021, the Comptroller General of the United States shall submit to Congress a report on the extent to which the memberships of independent redistricting commissions for States established under this part with respect to the immediately preceding year ending in the numeral zero meet the diversity requirements as provided for in sections 2451(a)(2)(B) and 2452(b)(2). F Saving Eligible Voters From Voter Purging 2501. Short title This subtitle may be cited as the Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act or the Save Voters Act . 2502. Conditions for removal of voters from list of registered voters (a) Conditions described The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq.) is amended by inserting after section 8 the following new section: 8A. Conditions for removal of voters from official list of registered voters (a) Verification on basis of objective and reliable evidence of ineligibility (1) Requiring verification Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. (2) Factors not considered as objective and reliable evidence of ineligibility For purposes of paragraph (1), the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant’s ineligibility to vote: (A) The failure of the registrant to vote in any election. (B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. (C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant’s status as a registrant. (3) Exception This subsection shall not prevent a State from considering the factors described in paragraph (2) when removing a registrant from the official list of voters pursuant to section 8(d)(1)(B), provided that the notice sent under section 8(d)(2) was itself sent on the basis of objective and reliable evidence. (b) Notice after removal (1) Notice to individual removed (A) In general Not later than 48 hours after a State removes the name of a registrant from the official list of eligible voters, the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. (B) Exceptions Subparagraph (A) does not apply in the case of a registrant— (i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar’s jurisdiction in which the registrant was registered; or (ii) who is removed from the official list of eligible voters by reason of the death of the registrant. (2) Public notice Not later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind. . (b) Conditions for transmission of notices of removal Section 8(d) of such Act ( 52 U.S.C. 20507(d) ) is amended by adding at the end the following new paragraph: (4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar’s jurisdiction in which the registrant is registered. . (c) Conforming amendments (1) National Voter Registration Act of 1993 Section 8(a) of such Act ( 52 U.S.C. 20507(a) ) is amended— (A) in paragraph (3), by striking provide and inserting subject to section 8A, provide ; and (B) in paragraph (4), by striking conduct and inserting subject to section 8A, conduct . (2) Help America Vote Act of 2002 Section 303(a)(4)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a)(4)(A) ) is amended by striking registrants the second place it appears and inserting and subject to section 8A of such Act, registrants . (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. G No Effect on Authority of States to Provide Greater Opportunities for Voting 2601. No effect on authority of States to provide greater opportunities for voting Nothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title. H Residence of Incarcerated Individuals 2701. Residence of incarcerated individuals Section 141 of title 13, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) (1) Effective beginning with the 2020 decennial census of population, in taking any tabulation of total population by States under subsection (a) for purposes of the apportionment of Representatives in Congress among the several States, the Secretary shall, with respect to an individual incarcerated in a State, Federal, county, or municipal correctional center as of the date on which such census is taken, attribute such individual to such individual’s last place of residence before incarceration. (2) In carrying out this subsection, the Secretary shall consult with each State department of corrections to collect the information necessary to make the determination required under paragraph (1). . I Findings Relating to Youth Voting 2801. Findings relating to youth voting Congress finds the following: (1) The right to vote is a fundamental right of citizens of the United States. (2) The twenty-sixth amendment of the United States Constitution guarantees that The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. . (3) The twenty-sixth amendment of the United States Constitution grants Congress the power to enforce the amendment by appropriate legislation. (4) The language of the twenty-sixth amendment closely mirrors that of the fifteenth amendment and the nineteenth amendment. Like those amendments, the twenty-sixth amendment not only prohibits denial of the right to vote but also prohibits any actions that abridge the right to vote. (5) Youth voter suppression undercuts participation in our democracy by introducing arduous obstacles to new voters and discouraging a culture of democratic engagement. (6) Voting is habit forming, and allowing youth voters unobstructed access to voting ensures that more Americans will start a lifelong habit of voting as soon as possible. (7) Youth voter suppression is a clear, persistent, and growing problem. The actions of States and political subdivisions resulting in at least four findings of twenty-sixth amendment violations as well as pending litigation demonstrate the need for Congress to take action to enforce the twenty-sixth amendment. (8) In League of Women Voters of Florida, Inc. v. Detzner (2018), the United States District Court in the Northern District of Florida found that the Secretary of State’s actions that prevented in-person early voting sites from being located on university property revealed a stark pattern of discrimination that was unexplainable on grounds other than age and thus violated university students’ twenty-sixth Amendment rights. (9) In 2019, Michigan agreed to a settlement to enhance college-age voters’ access after a twenty-sixth amendment challenge was filed in federal court. The challenge prompted the removal of a Michigan voting law which required first-time voters who registered by mail or through a third-party voter registration drive to vote in person for the first time, as well as the removal of another law which required the address listed on a voter’s driver license to match the address listed on their voter registration card. (10) Youth voter suppression tactics are often linked to other tactics aimed at minority voters. For example, students at Prairie View A&M University (PVAMU), a historically black university in Texas, have been the targets of voter suppression tactics for decades. Before the 2018 election, PVAMU students sued Waller County on the basis of both racial and age discrimination over the county’s failure to ensure equal early voting opportunities for students, spurring the county to reverse course and expand early voting access for students. (11) The more than 25 million United States citizens ages 18-24 deserve equal opportunity to participate in the electoral process as guaranteed by the twenty-sixth amendment. J Severability 2901. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. III Election Security 3000. Short title; sense of Congress (a) Short title This title may be cited as the Election Security Act . (b) Sense of Congress on need to improve election infrastructure security It is the sense of Congress that, in light of the lessons learned from Russian interference in the 2016 Presidential election, the Federal Government should intensify its efforts to improve the security of election infrastructure in the United States, including through the use of individual, durable, paper ballots marked by the voter by hand. A Financial Support for Election Infrastructure 1 Voting System Security Improvement Grants 3001. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements (a) Availability of grants (1) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq.), as amended by section 1622(c), is amended by adding at the end the following new part: 8 Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements 298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements (a) Availability and use of grant (1) In general The Commission shall make a grant to each eligible State— (A) to replace a voting system— (i) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 with a voting system which— (I) does meet such requirements; and (II) in the case of a grandfathered voting system (as defined in paragraph (2)), is in compliance with the most recent voluntary voting system guidelines; or (ii) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines; (B) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office; (C) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots; and (D) to purchase or acquire accessible voting systems that meet the requirements of paragraph (2)(A) and paragraph (3)(A)(i) of section 301(a) by the means described in paragraph (3)(B) of such section. (2) Definition of grandfathered voting system In this subsection, the term grandfathered voting system means a voting system that is used by a jurisdiction described in subparagraph (B)(ii) or (C)(ii) of section 301(d)(2). (b) Amount of payment (1) In general The amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (2) Minimum payment amount The minimum payment amount described in this paragraph is— (A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and (B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, or the United States Virgin Islands, one-tenth of 1 percent of such aggregate amount. (3) Voting age population proportion amount The voting age population proportion amount described in this paragraph is the product of— (A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and (B) the voting age population proportion for the State (as defined in paragraph (4)). (4) Voting age population proportion defined The term voting age population proportion means, with respect to a State, the amount equal to the quotient of— (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (5) Requirement relating to purchase of accessible voting systems An eligible State shall use not less than 10 percent of funds received by the State under this section to purchase accessible voting systems described in subsection (a)(1)(D). (c) Ability of replacement systems to administer ranked choice elections To the greatest extent practicable, an eligible State which receives a grant to replace a voting system under this section shall ensure that the replacement system is capable of administering a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter’s preference. 298A. Voting system security improvements described (a) Permitted uses A voting system security improvement described in this section is any of the following: (1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. (2) Cyber and risk mitigation training. (3) A security risk and vulnerability assessment of the State’s election infrastructure which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider. (4) The maintenance of infrastructure used for elections, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections, and which is used primarily for purposes other than the administration of elections for public office. (5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure or designates as critical to the operation of the State’s election infrastructure. (6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). (7) Enhancing the cybersecurity of voter registration systems. (b) Qualified election infrastructure vendors described For purposes of this part, a qualified election infrastructure vendor is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure on behalf of a State, unit of local government, or election agency (as defined in section 3601 of the Election Security Act) who meets the criteria described in section 3001(b) of the Election Security Act. 298B. Eligibility of States A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of how the State will use the grant to carry out the activities authorized under this part; (2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out voting system security improvements, as described in section 298A; and (3) such other information and assurances as the Commission may require. 298C. Reports to Congress Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the appropriate congressional committees, including the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part. 298D. Authorization of appropriations (a) Authorization There are authorized to be appropriated for grants under this part— (1) $1,000,000,000 for fiscal year 2021; and (2) $175,000,000 for each of the fiscal years 2022, 2024, 2026, and 2028. (b) Continuing availability of amounts Any amounts appropriated pursuant to the authorization of this section shall remain available until expended. . (2) Clerical amendment The table of contents of such Act, as amended by section 1622(c), is amended by adding at the end of the items relating to subtitle D of title II the following: Part 8—Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements Sec. 298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 298A. Voting system security improvements described. Sec. 298B. Eligibility of States. Sec. 298C. Reports to Congress. Sec. 298D. Authorization of appropriations. (b) Qualified election infrastructure vendors (1) In general The Secretary, in consultation with the Chairman, shall establish and publish criteria for qualified election infrastructure vendors for purposes of section 298A of the Help America Vote Act of 2002 (as added by this Act). (2) Criteria The criteria established under paragraph (1) shall include each of the following requirements: (A) The vendor shall— (i) be owned and controlled by a citizen or permanent resident of the United States or a member of the Five Eyes intelligence-sharing alliance; and (ii) in the case of any election infrastructure which is a voting machine, ensure that such voting machine is assembled in the United States. (B) The vendor shall disclose to the Secretary and the Chairman, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under part 8 of subtitle A of title II of the Help America Vote Act of 2002 (as added by this Act), of any sourcing outside the United States for parts of the election infrastructure. (C) The vendor shall disclose to the Secretary and the Chairman, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under such part 8, the identification of any entity or individual with a more than 5 percent ownership interest in the vendor. (D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (E) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (F) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (G) The vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices, including cybersecurity training and background checks, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (H) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices, including requirements for encrypted transfers and validation, testing and checking printed materials for accuracy, and disclosure of quality control incidents, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle A of title II of the Help America Vote Act of 2002 (as added by this Act). (J) The vendor agrees to permit independent security testing by the Commission (in accordance with section 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 )) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle A of title II of the Help America Vote Act of 2002 (as added by this Act). (3) Cybersecurity incident reporting requirements (A) In general A vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle A of title II of the Help America Vote Act of 2002 (as added by this Act)— (i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chairman of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred); (ii) if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and (iii) the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii). (B) Contents of notifications Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification: (i) The date, time, and time zone when the election cybersecurity incident began, if known. (ii) The date, time, and time zone when the election cybersecurity incident was detected. (iii) The date, time, and duration of the election cybersecurity incident. (iv) The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any. (v) Any planned and implemented technical measures to respond to and recover from the incident. (vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available. (C) Development of criteria for reporting Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall, in consultation with the Election Infrastructure Sector Coordinating Council, develop criteria for incidents which are required to be reported in accordance with subparagraph (A). 3002. Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002 (a) Duties of Election Assistance Commission Section 202 of the Help America Vote Act of 2002 ( 52 U.S.C. 20922 ) is amended in the matter preceding paragraph (1) by striking by and inserting and the security of election infrastructure by . (b) Membership of Secretary of Homeland Security on Board of Advisors of Election Assistance Commission Section 214(a) of such Act ( 52 U.S.C. 20944(a) ), as amended by section 1106, is amended— (1) by striking 49 members and inserting 50 members ; and (2) by adding at the end the following new paragraph: (21) The Secretary of Homeland Security or the Secretary’s designee. . (c) Representative of Department of Homeland Security on Technical Guidelines Development Committee Section 221(c)(1) of such Act ( 52 U.S.C. 20961(c)(1) ) is amended— (1) in the matter preceding subparagraph (A), by striking 14 and inserting 15 ; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following new subparagraph: (E) A representative of the Department of Homeland Security. . (d) Goals of periodic studies of election administration issues; consultation with Secretary of Homeland Security Section 241(a) of such Act ( 52 U.S.C. 20981(a) ) is amended— (1) in the matter preceding paragraph (1), by striking the Commission shall and inserting the Commission, in consultation with the Secretary of Homeland Security (as appropriate), shall ; (2) by striking and at the end of paragraph (3); (3) by redesignating paragraph (4) as paragraph (5); and (4) by inserting after paragraph (3) the following new paragraph: (4) will be secure against attempts to undermine the integrity of election systems by cyber or other means; and . (e) Requirements payments (1) Use of payments for voting system security improvements Section 251(b) of such Act ( 52 U.S.C. 21001(b) ), as amended by section 1061(a)(2), is further amended by adding at the end the following new paragraph: (5) Permitting use of payments for voting system security improvements A State may use a requirements payment to carry out any of the following activities: (A) Cyber and risk mitigation training. (B) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure or designates as critical to the operation of the State’s election infrastructure. (C) Enhancing the cybersecurity and operations of the information technology infrastructure described in subparagraph (B). (D) Enhancing the security of voter registration databases. . (2) Incorporation of election infrastructure protection in State plans for use of payments Section 254(a)(1) of such Act ( 52 U.S.C. 21004(a)(1) ) is amended by striking the period at the end and inserting , including the protection of election infrastructure. . (3) Composition of committee responsible for developing State plan for use of payments Section 255 of such Act ( 52 U.S.C. 21005 ) is amended— (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following new subsection: (b) Geographic representation The members of the committee shall be a representative group of individuals from the State’s counties, cities, towns, and Indian tribes, and shall represent the needs of rural as well as urban areas of the State, as the case may be. . (f) Ensuring protection of computerized Statewide voter registration list Section 303(a)(3) of such Act ( 52 U.S.C. 21083(a)(3) ) is amended by striking the period at the end and inserting , as well as other measures to prevent and deter cybersecurity incidents, as identified by the Commission, the Secretary of Homeland Security, and the Technical Guidelines Development Committee. . 3003. Incorporation of definitions (a) In general Section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ), as amended by section 1921(b)(1), is amended to read as follows: 901. Definitions In this Act, the following definitions apply: (1) The term cybersecurity incident has the meaning given the term incident in section 227 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ). (2) The term election infrastructure has the meaning given such term in section 3601 of the Election Security Act. (3) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. . (b) Clerical amendment The table of contents of such Act is amended by amending the item relating to section 901 to read as follows: Sec. 901. Definitions. . 2 Post-election Audit Requirement 3011. Post-election audit requirement (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.), as amended by section 1903(a) and section 1922, is amended by inserting after section 303B the following new section: 303C. Post-election audits (a) Definitions In this section: (1) Post-election audit Except as provided in subsection (c)(1)(B), the term post-election audit means, with respect to any election contest, a post-election process that— (A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome; (B) will not change the outcome if the reported outcome is the correct outcome; and (C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest. (2) Reported outcome; correct outcome; outcome (A) Reported outcome The term reported outcome means the outcome of an election contest which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. (B) Correct outcome The term correct outcome means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest. (C) Outcome The term outcome means the winner or set of winners of an election contest. (3) Manual adjudication of voter intent The term manual adjudication of voter intent means direct inspection and determination by humans, without assistance from electronic or mechanical tabulation devices, of the ballot choices marked by voters on each voter-verifiable paper record. (4) Ballot manifest The term ballot manifest means a record maintained by each jurisdiction that— (A) is created without reliance on any part of the voting system used to tabulate votes; (B) functions as a sampling frame for conducting a post-election audit; and (C) accounts for all ballots validly cast regardless of how they were tabulated and includes a precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group. (b) Requirements (1) In general (A) Audits (i) In general Each State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2). (ii) Exception Clause (i) shall not apply to any election contest for which the State or jurisdiction conducts a full recount through a manual adjudication of voter intent. (B) Full manual tabulation If a post-election audit conducted under subparagraph (A) corrects the reported outcome of an election contest, the State or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the post-election audit as the official results of the election contest. (2) Audit requirements (A) Rules and procedures (i) In general Not later than 6 years after the date of the enactment of this section, the chief State election official of the State shall establish rules and procedures for conducting post-election audits. (ii) Matters included The rules and procedures established under clause (i) shall include the following: (I) Rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed. (II) Rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions. (III) Rules and procedures for governing the format of ballot manifests and other data involved in post-election audits. (IV) Methods to ensure that any cast vote records used in a post-election audit are those used by the voting system to tally the results of the election contest sent to the chief State election official of the State and made public. (V) Rules and procedures for the random selection of ballots to be inspected manually during each audit. (VI) Rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete. (VII) Rules and procedures for testing any software used to conduct post-election audits. (B) Public report (i) In general After the completion of the post-election audit and at least 5 days before the election contest is certified by the State, the State shall make public and submit to the Commission a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly. (ii) Format of data All data published with the report under clause (i) shall be published in machine-readable, open data formats. (iii) Protection of anonymity of votes Information and data published by the State under this subparagraph shall not compromise the anonymity of votes. (iv) Report made available by commission After receiving any report submitted under clause (i), the Commission shall make such report available on its website. (3) Effective date; waiver (A) In general Except as provided in subparagraphs (B) and (C), each State and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for Federal office occurring in 2032 and for each subsequent election for Federal office. (B) Waiver Except as provided in subparagraph (C), if a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2032, that the State will not meet the deadline described in subparagraph (A) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to 2032 were a reference to 2034 . (C) Additional waiver period If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (B) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (B) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to 2034 were a reference to 2036 . (c) Phased implementation (1) Post-election audits (A) In general For the regularly scheduled elections for Federal office occurring in 2024 and 2026, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (B) Post-election audit defined In this subsection, the term post-election audit means a post-election process that involves a manual adjudication of voter intent from a sample of ballots validly cast in the election contest. (2) Post-election audits for select contests Subject to subparagraphs (B) and (C) of subsection (b)(3), for the regularly scheduled elections for Federal office occurring in 2028 and for each subsequent election for Federal office that occurs prior to the first regularly scheduled election for Federal office occurring in 2032, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (3) States that administer post-election audits for all contests A State shall be exempt from the requirements of this subsection for any regularly scheduled election for Federal office in which the State meets the requirements of subsection (b). . (b) Clerical amendment The table of contents for such Act, as amended by section 1903(c) and section 1922, is amended by inserting after the item relating to section 303B the following new item: Sec. 303C . Post-election audits. . (c) Study on post-election audit best practices (1) In general The Director of the National Institute of Standards and Technology shall establish an advisory committee to study post-election audits and establish best practices for post-election audit methodologies and procedures. (2) Advisory committee The Director of the National Institute of Standards and Technology shall appoint individuals to the advisory committee and secure the representation of— (A) State and local election officials; (B) individuals with experience and expertise in election security; (C) individuals with experience and expertise in post-election audit procedures; and (D) individuals with experience and expertise in statistical methods. (3) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection. 3012. GAO analysis of effects of audits (a) Analysis Not later than 4 years after the regularly scheduled general election for Federal office occurring in 2024, the Comptroller General of the United States shall conduct an analysis of the extent to which post-election audits under section 303C of the Help America Vote Act of 2002, as added by section 3011(a), have improved the administration of elections and the security of election infrastructure in the States receiving such grants. (b) Report The Comptroller General of the United States shall submit a report on the analysis conducted under subsection (a) to the appropriate congressional committees. 3 Election Infrastructure Innovation Grant Program 3021. Election infrastructure innovation grant program (a) In general Title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq.) is amended by adding at the end the following new section: 321. Election infrastructure innovation grant program (a) Establishment The Secretary, acting through the Under Secretary for Science and Technology, in coordination with the Chairman of the Election Assistance Commission (established pursuant to the Help America Vote Act of 2002), and in consultation with the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology, shall establish a competitive grant program to award grants to eligible entities, on a competitive basis, for purposes of research and development that are determined to have the potential to significantly improve the security (including cybersecurity), quality, reliability, accuracy, accessibility, and affordability of election infrastructure, and increase voter participation. (b) Report to Congress Not later than 90 days after the conclusion of each fiscal year for which grants are awarded under this section, the Secretary shall submit to the Committee on Homeland Security and the Committee on House Administration of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate a report describing such grants and analyzing the impact, if any, of such grants on the security and operation of election infrastructure, and on voter participation. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 2021 through 2029 for purposes of carrying out this section. (d) Eligible entity defined In this section, the term eligible entity means— (1) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), including an institution of higher education that is a historically Black college or university (which has the meaning given the term part B institution in section 322 of such Act ( 20 U.S.C. 1061 )) or other minority-serving institution listed in section 371(a) of such Act ( 20 U.S.C. 1067q(a) ); (2) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (3) an organization, association, or a for-profit company, including a small business concern (as such term is described in section 3 of the Small Business Act ( 15 U.S.C. 632 )), including a small business concern owned and controlled by socially and economically disadvantaged individuals (as such term is defined in section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) ). . (b) Definition Section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ) is amended— (1) by redesignating paragraphs (6) through (20) as paragraphs (7) through (21), respectively; and (2) by inserting after paragraph (5) the following new paragraph: (6) Election infrastructure The term election infrastructure means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. . (c) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 320 the following: Sec. 321. Election infrastructure innovation grant program. . B Security Measures 3101. Election infrastructure designation Subparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 601(3) ) is amended by inserting , including election infrastructure before the period at the end. 3102. Timely threat information Subsection (d) of section 201 of the Homeland Security Act of 2002 ( 6 U.S.C. 121 ) is amended by adding at the end the following: (24) To provide timely threat information regarding election infrastructure to the chief State election official (as defined in section 3601 of the For the People Act of 2021) of the State with respect to which such information pertains. . 3103. Security clearance assistance for election officials In order to promote the timely sharing of information on threats to election infrastructure, the Secretary may— (1) help expedite a security clearance for the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official; (2) sponsor a security clearance for the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official; and (3) facilitate the issuance of a temporary clearance to the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official, if the Secretary determines classified information to be timely and relevant to the election infrastructure of the State at issue. 3104. Security risk and vulnerability assessments (a) In general Paragraph (6) of section 2209(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 659(c) ) is amended by inserting (including by carrying out a security risk and vulnerability assessment) after risk management support . (b) Prioritization to enhance election security (1) In general Not later than 90 days after receiving a written request from a chief State election official, the Secretary shall, to the extent practicable, commence a security risk and vulnerability assessment (pursuant to paragraph (6) of section 2209(c) of the Homeland Security Act of 2002, as amended by subsection (a)) on election infrastructure in the State at issue. (2) Notification If the Secretary, upon receipt of a request described in paragraph (1), determines that a security risk and vulnerability assessment referred to in such paragraph cannot be commenced within 90 days, the Secretary shall expeditiously notify the chief State election official who submitted such request. 3105. Annual reports (a) Reports on assistance and assessments Not later than 1 year after the date of enactment of this Act and annually thereafter through 2028, the Secretary shall submit to the appropriate congressional committees— (1) efforts to carry out section 3103 during the prior year, including specific information regarding which States were helped, how many officials have been helped in each State, how many security clearances have been sponsored in each State, and how many temporary clearances have been issued in each State; and (2) efforts to carry out section 3104 during the prior year, including specific information regarding which States were helped, the dates on which the Secretary received a request for a security risk and vulnerability assessment referred to in such section, the dates on which the Secretary commenced each such request, and the dates on which the Secretary transmitted a notification in accordance with subsection (b)(2) of such section. (b) Reports on foreign threats Beginning with fiscal year 2021, not later than 90 days after the end of each fiscal year, the Secretary and the Director of National Intelligence, in coordination with the heads of appropriate offices of the Federal Government, shall submit to the appropriate congressional committees a joint report on foreign threats, including physical and cybersecurity threats, to elections in the United States. (c) Information from States For purposes of preparing the reports required under this section, the Secretary shall solicit and consider information and comments from States and election agencies, except that the provision of such information and comments by a State or election agency shall be voluntary and at the discretion of the State or election agency. 3106. Pre-election threat assessments (a) Submission of assessment by DNI Not later than 180 days before the date of each regularly scheduled general election for Federal office, the Director of National Intelligence shall submit an assessment of the full scope of threats, including cybersecurity threats posed by state actors and terrorist groups, to election infrastructure and recommendations to address or mitigate such threats, as developed by the Secretary and Chairman, to— (1) the chief State election official of each State; (2) the appropriate congressional committees; and (3) any other relevant congressional committees. (b) Updates to initial assessments If, at any time after submitting an assessment with respect to an election under subsection (a), the Director of National Intelligence determines that the assessment should be updated to reflect new information regarding the threats involved, the Director shall submit a revised assessment under such subsection. (c) Definitions In this section: (1) Chairman The term Chairman means the chair of the Election Assistance Commission. (2) Chief State election official The term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act. (3) Election infrastructure The term election infrastructure means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. (4) Secretary The term Secretary means the Secretary of Homeland Security. (5) State The term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ). (d) Effective date This subtitle shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office. C Enhancing Protections for United States Democratic Institutions 3201. National strategy to protect United States democratic institutions (a) In general Not later than 1 year after the date of enactment of this Act, the President, acting through the Secretary, in consultation with the Chairman, the Secretary of Defense, the Secretary of State, the Attorney General, the Secretary of Education, the Director of National Intelligence, the Chairman of the Federal Election Commission, and the heads of any other appropriate Federal agencies, shall issue a national strategy to protect against cyber attacks, influence operations, disinformation campaigns, and other activities that could undermine the security and integrity of United States democratic institutions. (b) Considerations The national strategy required under subsection (a) shall include consideration of the following: (1) The threat of a foreign state actor, foreign terrorist organization (as designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 )), or a domestic actor carrying out a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of United States democratic institutions. (2) The extent to which United States democratic institutions are vulnerable to a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of such democratic institutions. (3) Potential consequences, such as an erosion of public trust or an undermining of the rule of law, that could result from a successful cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of United States democratic institutions. (4) Lessons learned from other governments the institutions of which were subject to a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of such institutions, as well as actions that could be taken by the United States Government to bolster collaboration with foreign partners to detect, deter, prevent, and counter such activities. (5) Potential impacts, such as an erosion of public trust in democratic institutions, as could be associated with a successful cyber breach or other activity negatively-affecting election infrastructure. (6) Roles and responsibilities of the Secretary, the Chairman, and the heads of other Federal entities and non-Federal entities, including chief State election officials and representatives of multi-state information sharing and analysis centers. (7) Any findings, conclusions, and recommendations to strengthen protections for United States democratic institutions that have been agreed to by a majority of Commission members on the National Commission to Protect United States Democratic Institutions, authorized pursuant to section 3202. (c) Implementation plan Not later than 90 days after the date on which the national strategy required under subsection (a) is issued, the President, acting through the Secretary, in coordination with the Chairman, shall issue an implementation plan for Federal efforts to implement such strategy that includes the following: (1) Strategic objectives and corresponding tasks. (2) Projected timelines and costs for the tasks referred to in paragraph (1). (3) Metrics to evaluate performance of such tasks. (d) Classification The national strategy required under subsection (a) shall be in unclassified form. (e) Civil rights review Not later than 60 days after the date on which the national strategy required under subsection (a) is issued, and not later than 60 days after the date on which the implementation plan required under subsection (c) is issued, the Privacy and Civil Liberties Oversight Board (established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee )) shall submit a report to Congress on any potential privacy and civil liberties impacts of such strategy and implementation plan, respectively. 3202. National Commission to Protect United States Democratic Institutions (a) Establishment There is established within the legislative branch the National Commission to Protect United States Democratic Institutions (hereafter in this section referred to as the Commission ). (b) Purpose The purpose of the Commission is to counter efforts to undermine democratic institutions within the United States. (c) Composition (1) Membership The Commission shall be composed of 10 members appointed for the life of the Commission as follows: (A) One member shall be appointed by the Secretary. (B) One member shall be appointed by the Chairman. (C) Two members shall be appointed by the majority leader of the Senate, in consultation with the Chairman of the Committee on Homeland Security and Governmental Affairs of the Senate, the Chairman of the Committee on the Judiciary of the Senate, and the Chairman of the Committee on Rules and Administration of the Senate. (D) Two members shall be appointed by the minority leader of the Senate, in consultation with the ranking minority member of the Committee on Homeland Security and Governmental Affairs of the Senate, the ranking minority member of the Committee on the Judiciary of the Senate, and the ranking minority member of the Committee on Rules and Administration of the Senate. (E) Two members shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Homeland Security of the House of Representatives, the Chairman of the Committee on House Administration of the House of Representatives, and the Chairman of the Committee on the Judiciary of the House of Representatives. (F) Two members shall be appointed by the minority leader of the House of Representatives, in consultation with the ranking minority member of the Committee on Homeland Security of the House of Representatives, the ranking minority member of the Committee on the Judiciary of the House of Representatives, and the ranking minority member of the Committee on House Administration of the House of Representatives. (2) Qualifications Individuals shall be selected for appointment to the Commission solely on the basis of their professional qualifications, achievements, public stature, experience, and expertise in relevant fields, including cybersecurity, national security, and the Constitution of the United States. (3) No compensation for service Members may not receive compensation for service on the Commission, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with chapter 57 of title 5, United States Code. (4) Deadline for appointment All members of the Commission shall be appointed not later than 60 days after the date of enactment of this Act. (5) Vacancies A vacancy on the Commission shall not affect its powers and shall be filled in the manner in which the original appointment was made. The appointment of the replacement member shall be made not later than 60 days after the date on which the vacancy occurs. (d) Chair and Vice Chair The Commission shall elect a Chair and Vice Chair from among its members. (e) Quorum and meetings (1) Quorum The Commission shall meet and begin the operations of the Commission not later than 30 days after the date on which all members have been appointed or, if such meeting cannot be mutually agreed upon, on a date designated by the Speaker of the House of Representatives and the President pro Tempore of the Senate. Each subsequent meeting shall occur upon the call of the Chair or a majority of its members. A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold meetings. (2) Authority of individuals to act for Commission Any member of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this section. (f) Powers (1) Hearings and evidence The Commission (or, on the authority of the Commission, any subcommittee or member thereof) may, for the purpose of carrying out this section, hold hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers advisable to carry out its duties. (2) Contracting The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section. (g) Assistance from Federal agencies (1) General Services Administration The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s functions. (2) Other departments and agencies In addition to the assistance provided under paragraph (1), the Department of Homeland Security, the Election Assistance Commission, and other appropriate departments and agencies of the United States shall provide to the Commission such services, funds, facilities, and staff as they may determine advisable and as may be authorized by law. (h) Public meetings Any public meetings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. (i) Security clearances (1) In general The heads of appropriate departments and agencies of the executive branch shall cooperate with the Commission to expeditiously provide Commission members and staff with appropriate security clearances to the extent possible under applicable procedures and requirements. (2) Preferences In appointing staff, obtaining detailees, and entering into contracts for the provision of services for the Commission, the Commission shall give preference to individuals who have active security clearances. (j) Reports (1) Interim reports At any time prior to the submission of the final report under paragraph (2), the Commission may submit interim reports to the President and Congress containing such findings, conclusions, and recommendations to strengthen protections for democratic institutions in the United States as have been agreed to by a majority of the members of the Commission. (2) Final report Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations to strengthen protections for democratic institutions in the United States as have been agreed to by a majority of the members of the Commission. (k) Termination (1) In general The Commission shall terminate upon the expiration of the 60-day period which begins on the date on which the Commission submits the final report required under subsection (j)(2). (2) Administrative activities prior to termination During the 60-day period referred to in paragraph (1), the Commission may carry out such administrative activities as may be required to conclude its work, including providing testimony to committees of Congress concerning the final report and disseminating the final report. D Promoting Cybersecurity Through Improvements in Election Administration 3301. Election cybersecurity Not later than 1 year after the date of the enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Commission, shall issue election cybersecurity guidelines, including standards and best practices for procuring, maintaining, testing, operating, and updating election systems to prevent and deter cybersecurity incidents. 3302. Guidelines and certification for electronic poll books and remote ballot marking systems (a) Inclusion under voluntary voting system guidelines Section 222 of the Help America Vote Act of 2002 ( 52 U.S.C. 20962 ) is amended— (1) by redesignating subsections (a), (b), (c), (d), and (e) as subsections (b), (c), (d), (e), and (f); (2) by inserting after the section heading the following: (a) Voluntary voting system guidelines The Commission shall adopt voluntary voting system guidelines that describe functionality, accessibility, and security principles for the design, development, and operation of voting systems, electronic poll books, and remote ballot marking systems. ; and (3) by adding at the end the following new subsections: (g) Initial guidelines for electronic poll books and remote ballot marking systems (1) Adoption date The Commission shall adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems by January 1, 2022. (2) Special rule for initial guidelines The Commission may adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems without modifying the most recently adopted voluntary voting system guidelines for voting systems. (h) Definitions In this section: (1) Voting system defined The term voting system has the same meaning given that term in section 301. (2) Electronic pollbook defined The term electronic poll book means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used— (A) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and (B) to identify registered voters who are eligible to vote in an election. . (3) Remote ballot marking system defined The term remote ballot marking system means an election system that— (A) is used by a voter to mark their ballots outside of a voting center or polling place; (B) allows a voter to receive a blank ballot to mark electronically, print, and then cast by returning the printed ballot to the elections office or other designated location; and (C) does not allow a voter to cast and return a ballot electronically. . (b) Providing for certification of electronic poll books and remote ballot marking system Section 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971(a) ) is amended, in each of paragraphs (1) and (2), by inserting , electronic poll books, and remote ballot marking systems after software . 3303. Pre-election reports on voting system usage (a) Requiring States to submit reports Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.) is amended by inserting after section 301 the following new section: 301A. Pre-election reports on voting system usage (a) Requiring States to submit reports Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. If a jurisdiction acquires and implements a new voting system within the 120 days before the date of the election, it shall notify the chief State election official of the State, who shall submit to the Commission in a timely manner an updated report under the preceding sentence. (b) Effective date Subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office. . (b) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 301 the following new item: Sec. 301A. Pre-election reports on voting system usage. . 3304. Streamlining collection of election information Section 202 of the Help America Vote Act of 2002 ( 52 U.S.C. 20922 ) is amended— (1) by striking The Commission and inserting (a) In general .—The Commission ; and (2) by adding at the end the following new subsection: (b) Waiver of certain requirements Subchapter I of chapter 35 of title 44, United States Code, shall not apply to the collection of information for purposes of maintaining the clearinghouse described in paragraph (1) of subsection (a). . E Preventing Election Hacking 3401. Short title This subtitle may be cited as the Prevent Election Hacking Act of 2021 . 3402. Election security bug bounty program (a) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to be known as the Election Security Bug Bounty Program (hereafter in this subtitle referred to as the Program ) to improve the cybersecurity of the systems used to administer elections for Federal office by facilitating and encouraging assessments by independent technical experts, in cooperation with State and local election officials and election service providers, to identify and report election cybersecurity vulnerabilities. (b) Voluntary participation by election officials and election service providers (1) No requirement to participate in program Participation in the Program shall be entirely voluntary for State and local election officials and election service providers. (2) Encouraging participation and input from election officials In developing the Program, the Secretary shall solicit input from, and encourage participation by, State and local election officials. (c) Activities funded In establishing and carrying out the Program, the Secretary shall— (1) establish a process for State and local election officials and election service providers to voluntarily participate in the Program; (2) designate appropriate information systems to be included in the Program; (3) provide compensation to eligible individuals, organizations, and companies for reports of previously unidentified security vulnerabilities within the information systems designated under paragraph (2) and establish criteria for individuals, organizations, and companies to be considered eligible for such compensation in compliance with Federal laws; (4) consult with the Attorney General on how to ensure that approved individuals, organizations, and companies that comply with the requirements of the Program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law; (5) consult with the Secretary of Defense and the heads of other departments and agencies that have implemented programs to provide compensation for reports of previously undisclosed vulnerabilities in information systems, regarding lessons that may be applied from such programs; (6) develop an expeditious process by which an individual, organization, or company can register with the Department, submit to a background check as determined by the Department, and receive a determination regarding eligibility for participation in the Program; and (7) engage qualified interested persons, including representatives of private entities, about the structure of the Program and, to the extent practicable, establish a recurring competition for independent technical experts to assess election systems for the purpose of identifying and reporting election cybersecurity vulnerabilities. (d) Use of service providers The Secretary may award competitive contracts as necessary to manage the Program. (e) Definitions In this section: (1) The term Department means the Department of Homeland Security. (2) The terms election and Federal office have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ). (3) The term election cybersecurity vulnerability means any security vulnerability that affects an election system. (4) The term election infrastructure has the meaning given such term in paragraph (6) of section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ), as added by section 3021 of this title. (5) The term election service provider means any person providing, supporting, or maintaining an election system on behalf of a State or local election official, such as a contractor or vendor. (6) The term election system means any information system which is part of an election infrastructure. (7) The term information system has the meaning given such term in section 3502 of title 44, United States Code. (8) The term Secretary means the Secretary of Homeland Security, or, upon designation by the Secretary of Homeland Security, the Deputy Secretary of Homeland Security, the Director of Cybersecurity and Infrastructure Security of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, or a Senate-confirmed official who reports to the Director. (9) The term security vulnerability has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (10) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and the United States Virgin Islands. (11) The term voting system has the meaning given such term in section 301(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(b) ). F Election Security Grants Advisory Committee 3501. Establishment of advisory committee (a) In general Subtitle A of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20921 et seq.) is amended by adding at the end the following: 5 Election security grants advisory committee 225. Election security grants advisory committee (a) Establishment There is hereby established an advisory committee (hereinafter in this part referred to as the Committee ) to assist the Commission with respect to the award of grants to States under this Act for the purpose of election security. (b) Duties (1) In general The Committee shall, with respect to an application for a grant received by the Commission— (A) review such application; and (B) recommend to the Commission whether to award the grant to the applicant. (2) Considerations In reviewing an application pursuant to paragraph (1)(A), the Committee shall consider— (A) the record of the applicant with respect to— (i) compliance of the applicant with the requirements under subtitle A of title III; and (ii) adoption of voluntary guidelines issued by the Commission under subtitle B of title III; and (B) the goals and requirements of election security as described in title III of the For the People Act of 2021. (c) Membership The Committee shall be composed of 15 individuals appointed by the Executive Director of the Commission with experience and expertise in election security. (d) No compensation for service Members of the Committee shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. . (b) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 223 the following new items: PART 5—Election security grants advisory committee Sec. 225. Election security grants advisory committee. . (c) Effective date The amendments made by this section shall take effect 1 year after the date of enactment of this Act. G Miscellaneous Provisions 3601. Definitions Except as provided in sections 3106 and 3402, in this title, the following definitions apply: (1) Chairman The term Chairman means the chair of the Election Assistance Commission. (2) Appropriate congressional committees The term appropriate congressional committees means the Committees on Homeland Security and House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate. (3) Chief State election official The term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act. (4) Commission The term Commission means the Election Assistance Commission. (5) Democratic institutions The term democratic institutions means the diverse range of institutions that are essential to ensuring an independent judiciary, free and fair elections, and rule of law. (6) Election agency The term election agency means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. (7) Election infrastructure The term election infrastructure means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. (8) Secretary The term Secretary means the Secretary of Homeland Security. (9) State The term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ). 3602. Initial report on adequacy of resources available for implementation Not later than 120 days after the date of enactment of this Act, the Chairman and the Secretary shall submit a report to the appropriate committees of Congress, including the Committees on Homeland Security and House Administration of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, analyzing the adequacy of the funding, resources, and personnel available to carry out this title and the amendments made by this title. H Use of Voting Machines Manufactured in the United States 3701. Use of voting machines manufactured in the United States (a) Requirement Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by section 1504, section 1506, and section 1507, is further amended by adding at the end the following new paragraph: (11) Voting machine requirements (A) Manufacturing requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure to the extent practicable that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States. (B) Assembly requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for Federal office is assembled in the United States. (C) Software and code requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any software or code developed for any voting system purchased or acquired for such election and in any subsequent election for Federal office is developed and stored in the United States. . (b) Conforming amendment relating to effective date Section 301(d)(1) of such Act ( 52 U.S.C. 21081(d)(1) ), as amended by section 1508, is amended by striking paragraph (2) and inserting subsection (a)(11) and paragraph (2) . I Severability 3801. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. B Campaign Finance IV Campaign Finance Transparency A Establishing Duty to Report Foreign Election Interference 4001. Findings relating to illicit money undermining our democracy Congress finds the following: (1) Criminals, terrorists, and corrupt government officials frequently abuse anonymously held Limited Liability Companies (LLCs), also known as “shell companies,” to hide, move, and launder the dirty money derived from illicit activities such as trafficking, bribery, exploitation, and embezzlement. Ownership and control of the finances that run through shell companies are obscured to regulators and law enforcement because little information is required and collected when establishing these entities. (2) The public release of the “Panama Papers” in 2016 and the “Paradise Papers” in 2017 revealed that these shell companies often purchase and sell United States real estate. United States anti-money laundering laws do not apply to cash transactions involving real estate effectively concealing the beneficiaries and transactions from regulators and law enforcement. (3) Since the Supreme Court’s decisions in Citizens United v. Federal Election Commission , 558 U.S. 310 (2010), millions of dollars have flowed into super PACs through LLCs whose funders are anonymous or intentionally obscured. Criminal investigations have uncovered LLCs that were used to hide illegal campaign contributions from foreign criminal fugitives, to advance international influence-buying schemes, and to conceal contributions from donors who were already under investigation for bribery and racketeering. Voters have no way to know the true sources of the money being routed through these LLCs to influence elections, including whether any of the funds come from foreign or other illicit sources. (4) Congress should curb the use of anonymous shell companies for illicit purposes by requiring United States companies to disclose their beneficial owners, strengthening anti-money laundering and counter-terrorism finance laws. (5) Congress should examine the money laundering and terrorist financing risks in the real estate market, including the role of anonymous parties, and review legislation to address any vulnerabilities identified in this sector. (6) Congress should examine the methods by which corruption flourishes and the means to detect and deter the financial misconduct that fuels this driver of global instability. Congress should monitor government efforts to enforce United States anti-corruption laws and regulations. 4002. Federal campaign reporting of foreign contacts (a) Initial notice (1) In general Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ) is amended by adding at the end the following new subsection: (j) Disclosure of reportable foreign contacts (1) Committee obligation to notify Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. The Federal Bureau of Investigation, not later than 1 week after receiving a notification from a political committee under this paragraph, shall submit to the political committee, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate written or electronic confirmation of receipt of the notification. (2) Individual obligation to notify Not later than 3 days after a reportable foreign contact— (A) each candidate and each immediate family member of a candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact; and (B) each official, employee, or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. (3) Reportable foreign contact In this subsection: (A) In general The term reportable foreign contact means any direct or indirect contact or communication that— (i) is between— (I) a candidate, an immediate family member of the candidate, a political committee, or any official, employee, or agent of such committee; and (II) an individual that the person described in subclause (I) knows, has reason to know, or reasonably believes is a covered foreign national; and (ii) the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves— (I) an offer or other proposal for a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or (II) coordination or collaboration with, an offer or provision of information or services to or from, or persistent and repeated contact with, a covered foreign national in connection with an election. (B) Exceptions (i) Contacts in official capacity as elected official The term reportable foreign contact shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee. (ii) Contacts for purposes of enabling observation of elections by international observers The term reportable foreign contact shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee. (iii) Exceptions not applicable if contacts or communications involve prohibited disbursements A contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319. (C) Covered foreign national defined (i) In general In this paragraph, the term covered foreign national means— (I) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(b) ) that is a government of a foreign country or a foreign political party; (II) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in subclause (I) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in subclause (I); or (III) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in subclause (I). (ii) Clarification regarding application to citizens of the United States In the case of a citizen of the United States, subclause (II) of clause (i) applies only to the extent that the person involved acts within the scope of that person’s status as the agent of a foreign principal described in subclause (I) of clause (i). (4) Immediate family member In this subsection, the term immediate family member means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling. . (2) Effective date The amendment made by paragraph (1) shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this Act. (b) Information included on report (1) In general Section 304(b) of such Act ( 52 U.S.C. 30104(b) ) is amended— (A) by striking and at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ; and ; and (C) by adding at the end the following new paragraph: (9) for any reportable foreign contact (as defined in subsection (j)(3))— (A) the date, time, and location of the contact; (B) the date and time of when a designated official of the committee was notified of the contact; (C) the identity of individuals involved; and (D) a description of the contact, including the nature of any contribution, donation, expenditure, disbursement, or solicitation involved and the nature of any activity described in subsection (j)(3)(A)(ii)(II) involved. . (2) Effective date The amendment made by paragraph (1) shall apply with respect to reports filed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. 4003. Federal campaign foreign contact reporting compliance system (a) In general Section 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ) is amended by adding at the end the following new subsection: (j) Reportable foreign contacts compliance policy (1) Reporting Each political committee shall establish a policy that requires all officials, employees, and agents of such committee (and, in the case of an authorized committee, the candidate and each immediate family member of the candidate) to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 3 days after such contact was made. (2) Retention and preservation of records Each political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years. (3) Certification (A) In general Upon filing its statement of organization under section 303(a), and with each report filed under section 304(a), the treasurer of each political committee (other than an authorized committee) shall certify that— (i) the committee has in place policies that meet the requirements of paragraphs (1) and (2); (ii) the committee has designated an official to monitor compliance with such policies; and (iii) not later than 1 week after the beginning of any formal or informal affiliation with the committee, all officials, employees, and agents of such committee will— (I) receive notice of such policies; (II) be informed of the prohibitions under section 319; and (III) sign a certification affirming their understanding of such policies and prohibitions. (B) Authorized committees With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A). . (b) Effective date (1) In general The amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30103(a) ) on or after the date of the enactment of this Act. (2) Transition rule for existing committees Not later than 30 days after the date of the enactment of this Act, each political committee under the Federal Election Campaign Act of 1971 shall file a certification with the Federal Election Commission that the committee is in compliance with the requirements of section 302(j) of such Act (as added by subsection (a)). 4004. Criminal penalties Section 309(d)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(d)(1) ) is amended by adding at the end the following new subparagraphs: (E) Any person who knowingly and willfully commits a violation of subsection (j) or (b)(9) of section 304 or section 302(j) shall be fined not more than $500,000, imprisoned not more than 5 years, or both. (F) Any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact (as defined in section 304(j)) shall be fined not more than $1,000,000, imprisoned not more than 5 years, or both. . 4005. Report to congressional intelligence committees (a) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a report relating to notifications received by the Federal Bureau of Investigation under section 304(j)(1) of the Federal Election Campaign Act of 1971 (as added by section 4002(a) of this Act). (b) Elements Each report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a): (1) The number of such notifications received from political committees during the year covered by the report. (2) A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications. (3) With respect to such notifications received during the year covered by the report, a description of any subsequent actions taken by the Director resulting from the receipt of such notifications. (c) Congressional intelligence committees defined In this section, the term congressional intelligence committees has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). 4006. Rule of construction Nothing in this subtitle or the amendments made by this subtitle shall be construed— (1) to impede legitimate journalistic activities; or (2) to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who— (A) resides in the United States; (B) is not a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ); and (C) is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(20) ). B DISCLOSE Act 4100. Short title This subtitle may be cited as the Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021 or the DISCLOSE Act of 2021 . 1 Closing Loopholes Allowing Spending by Foreign Nationals in Elections 4101. Clarification of prohibition on participation by foreign nationals in election-related activities (a) Clarification of prohibition Section 319(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a) ) is amended— (1) by striking or at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) a foreign national to direct, dictate, control, or directly or indirectly participate in the decision making process of any person (including a corporation, labor organization, political committee, or political organization) with regard to such person’s Federal or non-Federal election-related activity, including any decision concerning the making of contributions, donations, expenditures, or disbursements in connection with an election for any Federal, State, or local office or any decision concerning the administration of a political committee. . (b) Certification of Compliance Section 319 of such Act ( 52 U.S.C. 30121 ) is amended by adding at the end the following new subsection: (c) Certification of compliance required prior To carrying out activity Prior to the making in connection with an election for Federal office of any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication by a corporation, labor organization (as defined in section 316(b)), limited liability corporation, or partnership during a year, the chief executive officer of the corporation, labor organization, limited liability corporation, or partnership (or, if the corporation, labor organization, limited liability corporation, or partnership does not have a chief executive officer, the highest ranking official of the corporation, labor organization, limited liability corporation, or partnership), shall file a certification with the Commission, under penalty of perjury, that a foreign national did not direct, dictate, control, or directly or indirectly participate in the decision making process relating to such activity in violation of subsection (a)(3), unless the chief executive officer has previously filed such a certification during that calendar year. . (c) Effective date The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. 4102. Clarification of application of foreign money ban to certain disbursements and activities (a) Application to disbursements to Super PACs and other persons Section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (2) by striking As used in this section and inserting the following: Definitions .—For purposes of this section— (1) Foreign national The term ; and (3) by adding at the end the following new paragraph: (2) Contribution and donation For purposes of paragraphs (1) and (2) of subsection (a), the term contribution or donation includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3)). . (b) Conditions under which corporate PACs may make contributions and expenditures Section 316(b) of such Act ( 52 U.S.C. 30118(b) ) is amended by adding at the end the following new paragraph: (8) A separate segregated fund established by a corporation may not make a contribution or expenditure during a year unless the fund has certified to the Commission the following during the year: (A) Each individual who manages the fund, and who is responsible for exercising decisionmaking authority for the fund, is a citizen of the United States or is lawfully admitted for permanent residence in the United States. (B) No foreign national under section 319 participates in any way in the decisionmaking processes of the fund with regard to contributions or expenditures under this Act. (C) The fund does not solicit or accept recommendations from any foreign national under section 319 with respect to the contributions or expenditures made by the fund. (D) Any member of the board of directors of the corporation who is a foreign national under section 319 abstains from voting on matters concerning the fund or its activities. . 4103. Audit and report on illicit foreign money in Federal elections (a) In general Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.), as amended by section 1821, is further amended by inserting after section 319A the following new section: 319B. Audit and report on disbursements by foreign nationals (a) Audit (1) In general The Commission shall conduct an audit after each Federal election cycle to determine the incidence of illicit foreign money in such Federal election cycle. (2) Procedures In carrying out paragraph (1), the Commission shall conduct random audits of any disbursements required to be reported under this Act, in accordance with procedures established by the Commission. (b) Report Not later than 180 days after the end of each Federal election cycle, the Commission shall submit to Congress a report containing— (1) results of the audit required by subsection (a)(1); (2) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among rural communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; (3) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among African-American and other minority communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; (4) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on influencing military and veteran communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; and (5) recommendations to address the presence of illicit foreign money in elections, as appropriate. (c) Definitions As used in this section: (1) The term Federal election cycle means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date. (2) The term illicit foreign money means any disbursement by a foreign national (as defined in section 319(b)) prohibited under such section. . (b) Effective date The amendment made by subsection (a) shall apply with respect to the Federal election cycle that began during November 2020, and each succeeding Federal election cycle. 4104. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda (a) In general Section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ), as amended by section 4102(a), is amended by adding at the end the following new paragraph: (3) Federal, State, or local election The term Federal, State, or local election includes a State or local ballot initiative or referendum. . (b) Effective date The amendment made by this section shall apply with respect to elections held in 2022 or any succeeding year. 4105. Disbursements and activities subject to foreign money ban (a) Disbursements described Section 319(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1) ), as amended by section 4101, is amended— (1) by striking or at the end of subparagraph (B); and (2) by striking subparagraph (C) and inserting the following: (C) an expenditure; (D) an independent expenditure; (E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3)); (F) a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate; (G) a disbursement for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy); (H) a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform (as defined in section 304(k)(3)), that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national described in section 304(j)(3)(C); (I) a disbursement by a covered foreign national described in section 304(j)(3)(C) to compensate any person for internet activity that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); (J) a disbursement for a Federal judicial nomination communication (as defined in section 324(d)(3)); . (b) Effective date The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act. 4106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals (a) Prohibition Chapter 29 of title 18, United States Code, as amended by section 1071(a) and section 1941, is amended by adding at the end the following: 614. Establishment of corporation to conceal election contributions and donations by foreign nationals (a) Offense It shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 )) prohibited under such section 319. (b) Penalty Any person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both. . (b) Table of sections The table of sections for chapter 29 of title 18, United States Code, as amended by section 1071(b) and section 1941, is amended by inserting after the item relating to section 612 the following: 614. Establishment of corporation to conceal election contributions and donations by foreign nationals. . 2 Reporting of Campaign-Related Disbursements 4111. Reporting of campaign-related disbursements (a) Disclosure requirements for corporations, labor organizations, and certain other entities (1) In general Section 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ) is amended to read as follows: 324. Disclosure of campaign-related disbursements by covered organizations (a) Disclosure statement (1) In general Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— (A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and (B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. (2) Information described The information described in this paragraph is as follows: (A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15(d) of that Act ( 15 U.S.C. 78o(d) )) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that— (i) identifies each beneficial owner by name and current residential or business street address; and (ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. (B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. (C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. (D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. (E) (i) If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account, for each such payment to the account— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2022. (F) (i) If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2022. (G) Such other information as required in rules established by the Commission to promote the purposes of this section. (3) Exceptions (A) Amounts received in ordinary course of business The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. (B) Donor restriction on use of funds The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if— (i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and (ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. (C) Threat of harassment or reprisal The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. (4) Other definitions For purposes of this section: (A) Beneficial owner defined (i) In general Except as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly— (I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or (II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. (ii) Exceptions The term beneficial owner shall not include— (I) a minor child; (II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; (IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or (V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). (iii) Anti-abuse rule The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). (B) Disclosure date The term disclosure date means— (i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and (ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. (C) Election reporting cycle The term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office, except that in the case of a campaign-related disbursement for a Federal judicial nomination communication, such term means any calendar year in which the campaign-related disbursement is made. (D) Payment The term payment includes any contribution, donation, transfer, payment of dues, or other payment. (b) Coordination with other provisions (1) Other reports filed with the Commission Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. (2) Treatment as separate segregated fund A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. (c) Filing Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. (d) Campaign-Related disbursement defined (1) In general In this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following: (A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. (B) An applicable public communication. (C) An electioneering communication, as defined in section 304(f)(3). (D) A Federal judicial nomination communication. (E) A covered transfer. (2) Applicable public communications (A) In general The term applicable public communication means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. (B) Exception Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (3) Federal judicial nomination communication (A) In general The term Federal judicial nomination communication means any communication— (i) that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and (ii) which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice. (B) Exception Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (4) Intent not required A disbursement for an item described in subparagraph (A), (B), (C), (D), or (E) of paragraph (1) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement. (e) Covered organization defined In this section, the term covered organization means any of the following: (1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). (4) A labor organization (as defined in section 316(b)). (5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). (6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. (f) Covered transfer defined (1) In general In this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization— (A) designates, requests, or suggests that the amounts be used for— (i) campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (C) engaged in discussions with the recipient of the transfer or payment regarding— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; (D) made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or (E) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. (2) Exclusions The term covered transfer does not include any of the following: (A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. (B) A disbursement made by a covered organization if— (i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and (ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. (3) Special rule regarding transfers among affiliates (A) Special rule A transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. (B) Determination of amount of certain payments among affiliates In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. (C) Description of transfers between affiliates A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— (i) one of the organizations is an affiliate of the other organization; or (ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (D) Determination of affiliate status For purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if— (i) the governing instrument of the organization requires it to be bound by decisions of the other organization; (ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or (iii) the organization is chartered by the other organization. (E) Coverage of transfers to affiliated section 501(c)(3) organizations This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. (g) No effect on other reporting requirements Nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements. . (2) Conforming amendment Section 304(f)(6) of such Act ( 52 U.S.C. 30104 ) is amended by striking Any requirement and inserting Except as provided in section 324(b), any requirement . (b) Coordination with FinCEN (1) In general The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this section. (2) Report Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324. 4112. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers Section 319(b)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) ), as amended by section 4102, is amended— (1) by striking includes any disbursement and inserting includes— (A) any disbursement ; (2) by striking the period at the end and inserting ; and , and (3) by adding at the end the following new subparagraph: (B) any disbursement, other than a disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement. . 4113. Effective date The amendments made by this part shall apply with respect to disbursements made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. 3 Other Administrative Reforms 4121. Petition for certiorari Section 307(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107(a)(6) ) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal . 4122. Judicial review of actions related to campaign finance laws (a) In general Title IV of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30141 et seq.) is amended by inserting after section 406 the following new section: 407. Judicial review (a) In general If any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. (2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying scope of jurisdiction If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress In any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. (d) Challenge by Members of Congress Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986. . (b) Conforming amendments (1) Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows: 9011. Judicial review For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971. . (2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: 9041. Judicial review For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971. . (3) Section 310 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30110 ) is repealed. (4) Section 403 of the Bipartisan Campaign Reform Act of 2002 ( 52 U.S.C. 30110 note) is repealed. (c) Effective date The amendments made by this section shall apply to actions brought on or after January 1, 2021. C Honest Ads 4201. Short title This subtitle may be cited as the Honest Ads Act . 4202. Purpose The purpose of this subtitle is to enhance the integrity of American democracy and national security by improving disclosure requirements for online political advertisements in order to uphold the Supreme Court’s well-established standard that the electorate bears the right to be fully informed. 4203. Findings Congress makes the following findings: (1) In 2002, the Bipartisan Campaign Reform Act of 2002 ( Public Law 107–155 ) became law, establishing disclosure requirements for political advertisements distributed from a television or radio broadcast station or provider of cable or satellite television. In 2003, the Supreme Court upheld regulations on electioneering communications established under the Act, noting that such requirements provide the electorate with information and insure that the voters are fully informed about the person or group who is speaking. The Court reaffirmed this conclusion in 2010 by an 8-1 vote. (2) In its 2006 rulemaking, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, noted that 18 percent of all Americans cited the internet as their leading source of news about the 2004 Presidential election. By contrast, Gallup and the Knight Foundation found in 2020 that the majority of Americans, 58 percent, got most of their news about elections online. (3) According to a study from Borrell Associates, in 2016, $1,415,000,000 was spent on online advertising, more than quadruple the amount in 2012. (4) The reach of a few large internet platforms—larger than any broadcast, satellite, or cable provider—has greatly facilitated the scope and effectiveness of disinformation campaigns. For instance, the largest platform has over 210,000,000 American users—over 160,000,000 of them on a daily basis. By contrast, the largest cable television provider has 22,430,000 subscribers, while the largest satellite television provider has 21,000,000 subscribers. And the most-watched television broadcast in United States history had 118,000,000 viewers. (5) The public nature of broadcast television, radio, and satellite ensures a level of publicity for any political advertisement. These communications are accessible to the press, fact-checkers, and political opponents. This creates strong disincentives for a candidate to disseminate materially false, inflammatory, or contradictory messages to the public. Social media platforms, in contrast, can target portions of the electorate with direct, ephemeral advertisements often on the basis of private information the platform has on individuals, enabling political advertisements that are contradictory, racially or socially inflammatory, or materially false. (6) According to comscore, 2 companies own 8 of the 10 most popular smart phone applications as of June 2017, including the most popular social media and email services which deliver information and news to users without requiring proactivity by the user. Those same 2 companies accounted for 99 percent of revenue growth from digital advertising in 2016, including 77 percent of gross spending. 79 percent of online Americans—representing 68 percent of all Americans—use the single largest social network, while 66 percent of these users are most likely to get their news from that site. (7) Large social media platforms are the only entities in possession of certain key data related to paid online ads, including the exact audience targeted by those ads and their number of impressions. Such information, which cannot be reliably disclosed by the purchasers of ads, is extremely useful for informing the electorate, guarding against corruption, and aiding in the enforcement of existing campaign finance regulations. (8) Paid advertisements on social media platforms have served as critical tools for foreign online influence campaigns—even those that rely on large amounts of unpaid content—because such ads allow foreign actors to test the effectiveness of different messages, expose their messages to audiences who have not sought out such content, and recruit audiences for future campaigns and posts. (9) In testimony before the Senate Select Committee on Intelligence titled, Disinformation: A Primer in Russian Active Measures and Influence Campaigns , multiple expert witnesses testified that while the disinformation tactics of foreign adversaries have not necessarily changed, social media services now provide platform[s] practically purpose-built for active measures[.] Similarly, as Gen. Keith B. Alexander (RET.), the former Director of the National Security Agency, testified, during the Cold War if the Soviet Union sought to manipulate information flow, it would have to do so principally through its own propaganda outlets or through active measures that would generate specific news: planting of leaflets, inciting of violence, creation of other false materials and narratives. But the news itself was hard to manipulate because it would have required actual control of the organs of media, which took long-term efforts to penetrate. Today, however, because the clear majority of the information on social media sites is uncurated and there is a rapid proliferation of information sources and other sites that can reinforce information, there is an increasing likelihood that the information available to average consumers may be inaccurate (whether intentionally or otherwise) and may be more easily manipulable than in prior eras. . (10) On November 24, 2016, The Washington Post reported findings from 2 teams of independent researchers that concluded Russians exploited American-made technology platforms to attack U.S. democracy at a particularly vulnerable moment *** as part of a broadly effective strategy of sowing distrust in U.S. democracy and its leaders. . (11) 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 US 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 . (12) On September 6, 2017, the nation’s largest social media platform disclosed that between June 2015 and May 2017, Russian entities purchased $100,000 in political advertisements, publishing roughly 3,000 ads linked to fake accounts associated with the Internet Research Agency, a pro-Kremlin organization. According to the company, the ads purchased focused on amplifying divisive social and political messages *** . (13) Findings from a 2017 study on the manipulation of public opinion through social media conducted by the Computational Propaganda Research Project at the Oxford Internet Institute found that the Kremlin is using pro-Russian bots to manipulate public discourse to a highly targeted audience. With a sample of nearly 1,300,000 tweets, researchers found that in the 2016 election’s 3 decisive States, propaganda constituted 40 percent of the sampled election-related tweets that went to Pennsylvanians, 34 percent to Michigan voters, and 30 percent to those in Wisconsin. In other swing States, the figure reached 42 percent in Missouri, 41 percent in Florida, 40 percent in North Carolina, 38 percent in Colorado, and 35 percent in Ohio. (14) 2018 reporting by the Washington Post estimated that paid Russian ads received more than 37,000,000 impressions in 2016 and 2017. (15) A 2019 Senate Select Committee on Intelligence’s Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election Volume 2: Russia’s Use of Social Media with Additional Views, the Committee recommended that Congress examine legislative approaches to ensuring Americans know the sources of online political advertisements. The Federal Election Campaign Act of 1971 requires political advertisements on television, radio and satellite to disclose the sponsor of the advertisement. The same requirements should apply online. This will also help to ensure that the IRA or any similarly situated actors cannot use paid advertisements for purposes of foreign interference. . (16) A 2020 study by researchers at New York University found undisclosed political advertisement purchases on a large social media platform by a Chinese state media company in violation of that platform’s supposed prohibitions on foreign spending on ads of social, national, or electoral importance. (17) The same study also found that there are persistent issues with advertisers failing to disclose political ads and that in one social media platform’s political ad archive, 68,879 pages (54.6 percent of pages with political ads included in the archive) never provided a disclosure. Overall, there were 357,099 ads run on that platforms without a disclosure, accounting for at least $37,000,000 in spending on political ads. (18) A 2020 report by the bipartisan and bicameral U.S. Cyberspace Solarium Commission found that Although foreign nationals are banned from contributing to U.S. political campaigns, they are still allowed to purchase U.S. political advertisements online, making the internet a fertile environment for conducting a malign influence campaign to undermine American elections. The Commission concluded that Russian interference in the 2016 election was and still is possible, because the FECA, which establishes rules for transparency in television, radio, and print media political advertising, has not been amended to extend the same political advertising requirements to internet platforms, and that [a]pplying these standards across all media of communication would, among other things, increase transparency of funding for political advertisements, which would in turn strengthen regulators’ ability to reduce improper foreign influence in our elections. (19) On March 16, 2021, the Office of the Director of National Intelligence released the declassified Intelligence Community assessment of foreign threats to the 2020 U.S. Federal elections. The declassified report found: Throughout the election cycle, Russia’s online influence actors sought to affect U.S. public perceptions of the candidates, as well as advance Moscow’s longstanding goals of undermining confidence in US election processes and increasing sociopolitical divisions among the American people. The report also determined that Iran sought to influence the election by creating and amplifying social media content that criticized [candidates]. (20) According to a Wall Street Journal report in April 2021, voluntary ad libraries operated by major platforms rely on foreign governments to self-report political ad purchases. These ad-buys, including those diminishing major human rights violations like the Uighur genocide, are under-reported by foreign government purchasers, with no substantial oversight or repercussions from the platforms. (21) Multiple reports have indicated that online ads have become a key vector for strategic influence by the People’s Republic of China. An April 2021 Wall Street Journal report noted that the Chinese government and Chinese state-owned enterprises are major purchasers of ads on the U.S.’s largest social media platform, including to advance Chinese propaganda. (22) Large online platforms have made changes to their policies intended to make it harder for foreign actors to purchase political ads. However, these private actions have not been taken by all platforms, have not been reliably enforced, and are subject to immediate change at the discretion of the platforms. (23) The Federal Election Commission has failed to take action to address online political advertisements and current regulations on political advertisements do not provide sufficient transparency to uphold the public’s right to be fully informed about political advertisements made online. 4204. Sense of Congress It is the sense of Congress that— (1) the dramatic increase in digital political advertisements, and the growing centrality of online platforms in the lives of Americans, requires the Congress and the Federal Election Commission to take meaningful action to ensure that laws and regulations provide the accountability and transparency that is fundamental to our democracy; (2) free and fair elections require both transparency and accountability which give the public a right to know the true sources of funding for political advertisements, be they foreign or domestic, in order to make informed political choices and hold elected officials accountable; and (3) transparency of funding for political advertisements is essential to enforce other campaign finance laws, including the prohibition on campaign spending by foreign nationals. 4205. Expansion of definition of public communication (a) In general Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(22) ) is amended by striking or satellite communication and inserting satellite, paid internet, or paid digital communication . (b) Treatment of contributions and expenditures Section 301 of such Act ( 52 U.S.C. 30101 ) is amended— (1) in paragraph (8)(B)(v), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication ; and (2) in paragraph (9)(B)— (A) by amending clause (i) to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political committee, or candidate; ; and (B) in clause (iv), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication . (c) Disclosure and disclaimer statements Subsection (a) of section 318 of such Act ( 52 U.S.C. 30120 ) is amended— (1) by striking financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting financing any public communication ; and (2) by striking solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting solicits any contribution through any public communication . (d) Regulation Not later than 1 year after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations on what constitutes a paid internet or paid digital communication for purposes of paragraph (22) of section 301 of the Federal Election Campaign Act of 1971( 52 U.S.C. 30101(22) ), as amended by subsection (a), except that such regulation shall not define a paid internet or paid digital communication to include communications for which the only payment consists of internal resources, such as employee compensation, of the entity paying for the communication. 4206. Expansion of definition of electioneering communication (a) Expansion to online communications (1) Application to qualified Internet and digital communications (A) In general Subparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(f)(3)(A) ) is amended by striking or satellite communication each place it appears in clauses (i) and (ii) and inserting satellite, or qualified internet or digital communication . (B) Qualified Internet or digital communication Paragraph (3) of section 304(f) of such Act ( 52 U.S.C. 30104(f) ) is amended by adding at the end the following new subparagraph: (D) Qualified Internet or digital communication The term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (k)(3)). . (2) Nonapplication of relevant electorate to online communications Section 304(f)(3)(A)(i)(III) of such Act ( 52 U.S.C. 30104(f)(3)(A)(i)(III) ) is amended by inserting any broadcast, cable, or satellite before communication . (3) News exemption Section 304(f)(3)(B)(i) of such Act ( 52 U.S.C. 30104(f)(3)(B)(i) ) is amended to read as follows: (i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate; . (b) Effective date The amendments made by this section shall apply with respect to communications made on or after January 1, 2022. 4207. Application of disclaimer statements to online communications (a) Clear and conspicuous manner requirement Subsection (a) of section 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ) is amended— (1) by striking shall clearly state each place it appears in paragraphs (1), (2), and (3) and inserting shall state in a clear and conspicuous manner ; and (2) by adding at the end the following flush sentence: For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked. . (b) Special rules for qualified Internet or digital communications (1) In general Section 318 of such Act ( 52 U.S.C. 30120 ) is amended by adding at the end the following new subsection: (e) Special rules for qualified Internet or digital communications (1) Special rules with respect to statements In the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner— (A) state the name of the person who paid for the communication; and (B) provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information. (2) Safe harbor for determining clear and conspicuous manner A statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: (A) Text or graphic communications In the case of a text or graphic communication, the statement— (i) appears in letters at least as large as the majority of the text in the communication; and (ii) meets the requirements of paragraphs (2) and (3) of subsection (c). (B) Audio communications In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (C) Video communications In the case of a video communication which also includes audio, the statement— (i) is included at either the beginning or the end of the communication; and (ii) is made both in— (I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and (II) an audible format that meets the requirements of subparagraph (B). (D) Other communications In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C). . (2) Nonapplication of certain exceptions The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). (c) Modification of additional requirements for certain communications Section 318(d) of such Act ( 52 U.S.C. 30120(d) ) is amended— (1) in paragraph (1)(A)— (A) by striking which is transmitted through radio and inserting which is in an audio format ; and (B) by striking By radio in the heading and inserting Audio format ; (2) in paragraph (1)(B)— (A) by striking which is transmitted through television and inserting which is in video format ; and (B) by striking By television in the heading and inserting Video format ; and (3) in paragraph (2)— (A) by striking transmitted through radio or television and inserting made in audio or video format ; and (B) by striking through television in the second sentence and inserting in video format . 4208. Political record requirements for online platforms (a) In general Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ), as amended by section 4002, is amended by adding at the end the following new subsection: (k) Disclosure of certain online advertisements (1) In general (A) Requirements for online platforms (i) In general An online platform shall maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on such online platform a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds $500. (ii) Requirement relating to political ads sold by third party advertising vendors An online platform that displays a qualified political advertisement sold by a third party advertising vendor as defined in (3)(C), shall include on its own platform an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement. (B) Requirements for advertisers Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). (2) Contents of record A record maintained under paragraph (1)(A) shall contain— (A) a digital copy of the qualified political advertisement; (B) a description of the audience targeted by the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement is first displayed and last displayed; and (C) information regarding— (i) the average rate charged for the advertisement; (ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable); (iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and (iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name and address of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. (3) Online platform (A) In general For purposes of this subsection, subject to subparagraph (B), the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— (i) (I) sells qualified political advertisements; and (II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or (ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor). (B) Exemption Such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. (C) Third-party advertising vendor defined For purposes of this subsection, the term third-party advertising vendor includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. (4) Qualified political advertisement For purposes of this subsection, the term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that— (A) is made by or on behalf of a candidate; or (B) communicates a message relating to any political matter of national importance, including— (i) a candidate; (ii) any election to Federal office; or (iii) a national legislative issue of public importance. (5) Time to maintain file The information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years. (6) Special rule For purposes of this subsection, multiple versions of an advertisement that contain no material differences (such as versions that differ only because they contain a recipient’s name, or differ only in size, color, font, or layout) may be treated as a single qualified political advertisement. (7) Penalties For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309. . (b) Rulemaking Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules— (1) requiring common data formats for the record required to be maintained under section 304(j) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and (2) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date. (c) Reporting Not later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on— (1) matters relating to compliance with and the enforcement of the requirements of section 304(k) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ), as amended by section 4101(b), is further amended by adding at the end the following new subsection: (d) Responsibilities of broadcast stations, providers of cable and satellite television, and online platforms (1) In general Each television or radio broadcast station, provider of cable or satellite television, or online platform (as defined in section 304(k)(3)) shall make reasonable efforts to ensure that communications described in section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly. (2) Regulations Not later than 1 year after the date of the enactment of this subsection, the Commission shall promulgate regulations on what constitutes reasonable efforts under paragraph (1). . 4210. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared (a) In general Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ), as amended by section 4002 and section 4208(a), is amended by adding at the end the following new subsection: (l) Ensuring display and sharing of sponsor identification in online political advertisements (1) Requirement An online platform displaying a qualified political advertisement shall— (A) display with the advertisement a visible notice identifying the sponsor of the advertisement (or, if it is not practical for the platform to display such a notice, a notice that the advertisement is sponsored by a person other than the platform); and (B) ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform. (2) Definitions In this subsection— (A) the term online platform has the meaning given such term in subsection (k)(3); and (B) the term ‘ qualified political advertisement has the meaning given such term in subsection (k)(4). . (b) Effective date The amendment made by subsection (a) shall apply with respect to advertisements displayed on or after the 120–day period which begins on the date of the enactment of this Act. D Stand By Every Ad 4301. Short title This subtitle may be cited as the Stand By Every Ad Act . 4302. Stand By Every Ad (a) Expanded disclaimer requirements for certain communications Section 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120 ), as amended by section 4207(b)(1), is further amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Expanded disclaimer requirements for communications not authorized by candidates or committees (1) In general Except as provided in paragraph (6), any communication described in paragraph (3) of subsection (a) which is transmitted in an audio or video format (including an internet or digital communication), or which is an internet or digital communication transmitted in a text or graphic format, shall include, in addition to the requirements of paragraph (3) of subsection (a), the following: (A) The individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (B) If the communication is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324— (i) the Top Five Funders list (if applicable); or (ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Five Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list, the name of a website which contains the Top Five Funders list (if applicable) or, in the case of an internet or digital communication, a hyperlink to such website. (C) If the communication is transmitted in an audio format and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324— (i) the Top Two Funders list (if applicable); or (ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Two Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Two Funders list, the name of a website which contains the Top Two Funders list (if applicable). (2) Disclosure statements described (A) Individual disclosure statements The individual disclosure statement described in this subparagraph is the following: I am ________, and I approve this message. , with the blank filled in with the name of the applicable individual. (B) Organizational disclosure statements The organizational disclosure statement described in this subparagraph is the following: I am ________, the ________ of ________, and ________ approves this message. , with— (i) the first blank to be filled in with the name of the applicable individual; (ii) the second blank to be filled in with the title of the applicable individual; and (iii) the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication. (3) Method of conveyance of statement (A) Communications in text or graphic format In the case of a communication to which this subsection applies which is transmitted in a text or graphic format, the disclosure statements required under paragraph (1) shall appear in letters at least as large as the majority of the text in the communication. (B) Communications transmitted in audio format In the case of a communication to which this subsection applies which is transmitted in an audio format, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clear and conspicuous manner. (C) Communications transmitted in video format In the case of a communication to which this subsection applies which is transmitted in a video format, the information required under paragraph (1)— (i) shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 6 seconds; and (ii) shall also be conveyed by an unobscured, full-screen view of the applicable individual or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual, except in the case of a Top Five Funders list. (4) Applicable individual defined The term applicable individual means, with respect to a communication to which this subsection applies— (A) if the communication is paid for by an individual, the individual involved; (B) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); (C) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; and (D) if the communication is paid for by any other person, the highest ranking official of such person. (5) Top Five Funders list and Top Two Funders list defined (A) Top Five Funders list The term Top Five Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the five persons who, during the 12-month period ending on the date of the disbursement, provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If two or more people provided the fifth largest of such payments, the person paying for the communication shall select one of those persons to be included on the Top Five Funders list. (B) Top Two Funders list The term Top Two Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the persons who, during the 12-month period ending on the date of the disbursement, provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If two or more persons provided the second largest of such payments, the person paying for the communication shall select one of those persons to be included on the Top Two Funders list. (C) Exclusion of certain payments For purposes of subparagraphs (A) and (B), in determining the amount of payments made by a person to a person paying for a communication, there shall be excluded the following: (i) Any amounts provided in the ordinary course of any trade or business conducted by the person paying for the communication or in the form of investments in the person paying for the communication. (ii) Any payment which the person prohibited, in writing, from being used for campaign-related disbursements, but only if the person paying for the communication agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. (6) Special rules for certain communications (A) Exception for communications paid for by political parties and certain political committees This subsection does not apply to any communication to which subsection (d)(2) applies. (B) Treatment of video communications lasting 10 seconds or less In the case of a communication to which this subsection applies which is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, the communication shall meet the following requirements: (i) The communication shall include the individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (ii) The statement described in clause (i) shall appear in writing at the end of the communication, or in a crawl along the bottom of the communication, in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. (iii) The communication shall include, in a clear and conspicuous manner, a website address with a landing page which will provide all of the information described in paragraph (1) with respect to the communication. Such address shall appear for the full duration of the communication. (iv) To the extent that the format in which the communication is made permits the use of a hyperlink, the communication shall include a hyperlink to the website address described in clause (iii). . (b) Application of expanded requirements to public communications consisting of campaign-related disbursements (1) In general Section 318(a) of such Act ( 52 U.S.C. 30120(a) ) is amended by striking for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate and inserting for a campaign-related disbursement, as defined in section 324, consisting of a public communication . (2) Clarification of exemption from inclusion of candidate disclaimer statement in Federal judicial nomination communications Section 318(a)(3) of such Act ( 52 U.S.C. 30120(a)(3) ) is amended by striking shall state and inserting shall (except in the case of a Federal judicial nomination communication, as defined in section 324(d)(3)) state . (c) Exception for communications paid for by political parties and certain political committees Section 318(d)(2) of such Act ( 52 U.S.C. 30120(d)(2) ) is amended— (1) in the heading, by striking others and inserting certain political committees ; (2) by striking Any communication and inserting (A) Any communication ; (3) by inserting which (except to the extent provided in subparagraph (B)) is paid for by a political committee (including a political committee of a political party) and after subsection (a) ; (4) by striking or other person each place it appears; and (5) by adding at the end the following new subparagraph: (B) (i) This paragraph does not apply to a communication paid for in whole or in part during a calendar year with a campaign-related disbursement, but only if the covered organization making the campaign-related disbursement made campaign-related disbursements (as defined in section 324) aggregating more than $10,000 during such calendar year. (ii) For purposes of clause (i), in determining the amount of campaign-related disbursements made by a covered organization during a year, there shall be excluded the following: (I) Any amounts received by the covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments in the covered organization. (II) Any amounts received by the covered organization from a person who prohibited, in writing, the organization from using such amounts for campaign-related disbursements, but only if the covered organization agreed to follow the prohibition and deposited the amounts in an account which is segregated from any account used to make campaign-related disbursements. . 4303. Disclaimer requirements for communications made through prerecorded telephone calls (a) Application of requirements (1) In general Section 318(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ), as amended by section 4205(c), is amended by striking public communication each place it appears and inserting the following: public communication (including a telephone call consisting in substantial part of a prerecorded audio message) . (2) Application to communications subject to expanded disclaimer requirements Section 318(e)(1) of such Act ( 52 U.S.C. 30120(e)(1) ), as added by section 4302(a), is amended in the matter preceding subparagraph (A) by striking which is transmitted in an audio or video format and inserting which is transmitted in an audio or video format or which consists of a telephone call consisting in substantial part of a prerecorded audio message . (b) Treatment as communication transmitted in audio format (1) Communications by candidates or authorized persons Section 318(d) of such Act ( 52 U.S.C. 30120(d) ) is amended by adding at the end the following new paragraph: (3) Prerecorded telephone calls Any communication described in paragraph (1), (2), or (3) of subsection (a) (other than a communication which is subject to subsection (e)) which is a telephone call consisting in substantial part of a prerecorded audio message shall include, in addition to the requirements of such paragraph, the audio statement required under subparagraph (A) of paragraph (1) or the audio statement required under paragraph (2) (whichever is applicable), except that the statement shall be made at the beginning of the telephone call. . (2) Communications subject to expanded disclaimer requirements Section 318(e)(3) of such Act ( 52 U.S.C. 30120(e)(3) ), as added by section 4302(a), is amended by adding at the end the following new subparagraph: (D) Prerecorded telephone calls In the case of a communication to which this subsection applies which is a telephone call consisting in substantial part of a prerecorded audio message, the communication shall be considered to be transmitted in an audio format. . 4304. No expansion of persons subject to disclaimer requirements on internet communications Nothing in this subtitle or the amendments made by this subtitle may be construed to require any person who is not required under section 318 of the Federal Election Campaign Act of 1971 to include a disclaimer on communications made by the person through the internet to include any disclaimer on any such communications. 4305. Effective date The amendments made by this subtitle shall apply with respect to communications made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. E Deterring Foreign Interference in Elections 1 Deterrence Under Federal Election Campaign Act of 1971 4401. Restrictions on exchange of campaign information between candidates and foreign powers Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ), as amended by section 4101(b) and section 4209, is further amended by adding at the end the following new subsection: (e) Restrictions on exchange of information between candidates and foreign powers (1) Treatment of offer to share nonpublic campaign material as solicitation of contribution from foreign national If a candidate or an individual affiliated with the campaign of a candidate, or if a political committee or an individual affiliated with a political committee, provides or offers to provide nonpublic campaign material to a covered foreign national or to another person whom the candidate, committee, or individual knows or has reason to know will provide the material to a covered foreign national, the candidate, committee, or individual (as the case may be) shall be considered for purposes of this section to have solicited a contribution or donation described in subsection (a)(1)(A) from a foreign national. (2) Definitions In this subsection, the following definitions apply: (A) The term candidate means an individual who seeks nomination for, or election to, any Federal, State, or local public office. (B) The term covered foreign national has the meaning given such term in section 304(j)(3)(C). (C) The term individual affiliated with a campaign means, with respect to a candidate, an employee of any organization legally authorized under Federal, State, or local law to support the candidate’s campaign for nomination for, or election to, any Federal, State, or local public office, as well as any independent contractor of such an organization and any individual who performs services on behalf of the organization, whether paid or unpaid. (D) The term individual affiliated with a political committee means, with respect to a political committee, an employee of the committee as well as any independent contractor of the committee and any individual who performs services on behalf of the committee, whether paid or unpaid. (E) The term nonpublic campaign material means, with respect to a candidate or a political committee, campaign material that is produced by the candidate or the committee or produced at the candidate or committee’s expense or request which is not distributed or made available to the general public or otherwise in the public domain, including polling and focus group data and opposition research, except that such term does not include material produced for purposes of consultations relating solely to the candidate’s or committee’s position on a legislative or policy matter. . 4402. Clarification of standard for determining existence of coordination between campaigns and outside interests Section 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: (10) For purposes of paragraph (7), an expenditure or disbursement may be considered to have been made in cooperation, consultation, or concert with, or coordinated with, a person without regard to whether or not the cooperation, consultation, or coordination is carried out pursuant to agreement or formal collaboration. . 4403. Prohibition on provision of substantial assistance relating to contribution or donation by foreign nationals Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ), as amended by section 4101(a), section 4101(b), section 4105, section 4209, and section 4401, is further amended— (1) in subsection (a)— (A) by striking or at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ; or ; and (C) by adding at the end the following: (4) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1), (2), or (3). ; and (2) by adding at the end the following new subsections: (f) Knowingly described (1) In general For purposes of subsection (a)(4), the term knowingly means actual knowledge, constructive knowledge, awareness of pertinent facts that would lead a reasonable person to conclude there is a substantial probability, or awareness of pertinent facts that would lead a reasonable person to conduct a reasonable inquiry to establish— (A) with respect to an activity described in subsection (a)(1), that the contribution, donation, expenditure, independent expenditure, or disbursement is from a foreign national; (B) with respect to an activity described in subsection (a)(2), that the contribution or donation solicited, accepted, or received is from a foreign national; and (C) with respect to an activity described in subsection (a)(3), that the person directing, dictating, controlling, or directly or indirectly participating in the decision-making process is a foreign national. (2) Pertinent facts For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received, or that the person directing, dictating, controlling, or directly or indirectly participating in the decision-making process— (A) uses a foreign passport or passport number for identification purposes; (B) provides a foreign address; (C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or (D) resides abroad. (g) Substantial assistance defined As used in this section, the term substantial assistance means, with respect to an activity prohibited by paragraph (1), (2), or (3) of subsection (a), involvement with an intent to facilitate successful completion of the activity. . 4404. Clarification of application of foreign money ban (a) Clarification of treatment of provision of certain information as contribution or donation of a thing of value Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ), as amended by section 4101(a), section 4101(b), section 4209, section 4401, and section 4403, is amended by adding at the end the following new subsection: (h) Clarification of treatment of provision of certain information as contribution or donation of a thing of value For purposes of this section, a contribution or donation of money or other thing of value includes the provision of opposition research, polling, or other non-public information relating to a candidate for election for a Federal, State, or local office for the purpose of influencing the election, regardless of whether such research, polling, or information has monetary value, except that nothing in this subsection shall be construed to treat the mere provision of an opinion about a candidate as a thing of value for purposes of this section. . (b) Clarification of application of foreign money ban to all contributions and donations of things of value and to all solicitations of contributions and donations of things of value Section 319(a) of such Act ( 52 U.S.C. 30121(a) ), as amended by section 4105 and section 4403, is amended— (1) in paragraph (1)(A), by striking promise to make a contribution or donation and inserting promise to make such a contribution or donation ; (2) in paragraph (1)(B), by striking donation and inserting donation of money or other thing of value, or to make an express or implied promise to make such a contribution or donation, ; and (3) by amending paragraph (2) to read as follows: (2) a person to solicit, accept, or receive (directly or indirectly) a contribution, donation, or disbursement described in paragraph (1), or to solicit, accept, or receive (directly or indirectly) an express or implied promise to make such a contribution or donation, from a foreign national; . 2 Notifying States of Disinformation Campaigns by Foreign Nationals 4411. Notifying States of disinformation campaigns by foreign nationals (a) Requiring disclosure If the Federal Election Commission makes a determination that a foreign national has initiated or has attempted to initiate a disinformation campaign targeted at an election for public office held in a State, the Commission shall notify the State involved of the determination not later than 30 days after making the determination. (b) Definitions In this section the term foreign national has the meaning given such term in section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ). 3 Prohibiting Use of Deepfakes in Election Campaigns 4421. Prohibition on distribution of materially deceptive audio or visual media prior to election (a) In general Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section: 325. Prohibition on distribution of materially deceptive media prior to election (a) In general Except as provided in subsections (b) and (c), a person, political committee, or other entity shall not, within 60 days of an election for Federal office at which a candidate for elective office will appear on the ballot, distribute, with actual malice, materially deceptive audio or visual media of the candidate with the intent to injure the candidate’s reputation or to deceive a voter into voting for or against the candidate. (b) Exception (1) Required language The prohibition in subsection (a) does not apply if the audio or visual media includes— (A) a disclosure stating: “This _____ has been manipulated.”; and (B) filled in the blank in the disclosure under subparagraph (A), the term image , video , or audio , as most accurately describes the media. (2) Visual media For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video. (3) Audio-only media If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than 2 minutes in length, interspersed within the audio at intervals of not greater than 2 minutes each. (c) Inapplicability to certain entities This section does not apply to the following: (1) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts materially deceptive audio or visual media prohibited by this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the materially deceptive audio or visual media. (2) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when it is paid to broadcast materially deceptive audio or visual media. (3) An internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes materially deceptive audio or visual media prohibited by this section, if the publication clearly states that the materially deceptive audio or visual media does not accurately represent the speech or conduct of the candidate. (4) Materially deceptive audio or visual media that constitutes satire or parody. (d) Civil action (1) Injunctive or other equitable relief A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may seek injunctive or other equitable relief prohibiting the distribution of audio or visual media in violation of this section. An action under this paragraph shall be entitled to precedence in accordance with the Federal Rules of Civil Procedure. (2) Damages A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may bring an action for general or special damages against the person, committee, or other entity that distributed the materially deceptive audio or visual media. The court may also award a prevailing party reasonable attorney’s fees and costs. This paragraph shall not be construed to limit or preclude a plaintiff from securing or recovering any other available remedy. (3) Burden of proof In any civil action alleging a violation of this section, the plaintiff shall bear the burden of establishing the violation through clear and convincing evidence. (e) Rule of construction This section shall not be construed to alter or negate any rights, obligations, or immunities of an interactive service provider under section 230 of title 47, United States Code. (f) Materially deceptive audio or visual media defined In this section, the term materially deceptive audio or visual media means an image or an audio or video recording of a candidate’s appearance, speech, or conduct that has been intentionally manipulated in a manner such that both of the following conditions are met: (1) The image or audio or video recording would falsely appear to a reasonable person to be authentic. (2) The image or audio or video recording would cause a reasonable person to have a fundamentally different understanding or impression of the expressive content of the image or audio or video recording than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio or video recording. . (b) Criminal penalties Section 309(d)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(d)(1) ), as amended by section 4004, is further amended by adding at the end the following new subparagraph: (G) Any person who knowingly and willfully commits a violation of section 325 shall be fined not more than $100,000, imprisoned not more than 5 years, or both. . (c) Effect on defamation action For purposes of an action for defamation, a violation of section 325 of the Federal Election Campaign Act of 1971, as added by subsection (a), shall constitute defamation per se. 4 Assessment of Exemption of Registration Requirements Under FARA for Registered Lobbyists 4431. Assessment of exemption of registration requirements under FARA for registered lobbyists Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct and submit to Congress an assessment of the implications of the exemption provided under the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq.) for agents of foreign principals who are also registered lobbyists under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.), and shall include in the assessment an analysis of the extent to which revisions in such Acts might mitigate the risk of foreign government money influencing elections or political processes in the United States. F Secret Money Transparency 4501. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations Section 122 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–260 ) is hereby repealed. G Shareholder Right-to-Know 4601. Repeal of restriction on use of funds by Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporation political activity Section 631 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–260 ) is hereby repealed. 4602. Shareholder approval of corporate political activity (a) In general The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq.) is amended by inserting after section 14B ( 15 U.S.C. 78n–2 ) the following: 14C. Shareholder approval of certain political expenditures and disclosure of votes of institutional investors (a) Definitions In this section— (1) the term expenditure for political activities — (A) means— (i) an independent expenditure (as defined in section 301(17) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(17) )); (ii) an electioneering communication (as defined in section 304(f)(3) of that Act ( 52 U.S.C. 30104(f)(3) )) and any other public communication (as defined in section 301(22) of that Act ( 52 U.S.C. 30101(22) )) that would be an electioneering communication if it were a broadcast, cable, or satellite communication; or (iii) dues or other payments to trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Code that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in clauses (i) or (ii); and (B) does not include— (i) direct lobbying efforts through registered lobbyists employed or hired by the issuer; (ii) communications by an issuer to its shareholders and executive or administrative personnel and their families; or (iii) the establishment and administration of contributions to a separate segregated fund to be utilized for political purposes by a corporation; and (2) the term issuer does not include an investment company registered under section 8 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–8 ). (b) Shareholder authorization for political expenditures Each solicitation of proxy, consent, or authorization by an issuer with a class of equity securities registered under section 12 shall— (1) contain— (A) a description of the specific nature of any expenditure for political activities proposed to be made by the issuer for the forthcoming fiscal year that has not been authorized by a vote of the shareholders of the issuer, to the extent the specific nature is known to the issuer; and (B) the total amount of expenditures for political activities proposed to be made by the issuer for the forthcoming fiscal year; and (2) provide for a separate vote of the shareholders of the issuer to authorize such expenditures for political activities in the total amount described in paragraph (1). (c) Vote required To make expenditures No issuer shall make an expenditure for political activities in any fiscal year unless such expenditure— (1) is of the nature of those proposed by the issuer in subsection (b)(1); and (2) has been authorized by a vote of the majority of the outstanding shares of the issuer in accordance with subsection (b)(2). (d) Fiduciary duty; liability (1) Fiduciary duty A violation of subsection (c) shall be considered a breach of a fiduciary duty of the officers and directors who authorized the expenditure for political activities. (2) Liability An officer or director of an issuer who authorizes an expenditure for political activities in violation of subsection (c) shall be jointly and severally liable in any action brought in a court of competent jurisdiction to any person or class of persons who held shares at the time the expenditure for political activities was made for an amount equal to 3 times the amount of the expenditure for political activities. (e) Disclosure of votes (1) Disclosure required Each institutional investment manager subject to section 13(f) shall disclose not less frequently than annually how the institutional investment manager voted on any shareholder vote under subsection (a), unless the vote is otherwise required by rule of the Commission to be reported publicly. (2) Rules Not later than 6 months after the date of enactment of this section, the Commission shall issue rules to carry out this subsection that require that a disclosure required under paragraph (1)— (A) be made not later than 30 days after a vote described in paragraph (1); and (B) be made available to the public through the EDGAR system as soon as practicable. (f) Safe harbor for certain divestment decisions Notwithstanding any other provision of Federal or State law, if an institutional investment manager makes the disclosures required under subsection (e), no person may bring any civil, criminal, or administrative action against the institutional investment manager, or any employee, officer, or director thereof, based solely upon a decision of the investment manager to divest from, or not to invest in, securities of an issuer due to an expenditure for political activities made by the issuer. . (b) Required board vote on corporate expenditures for political activities The Securities Exchange Act of 1934 ( 15 U.S.C. 78 et seq.) is amended by adding after section 16 ( 15 U.S.C. 78p ) the following: 16A. Required board vote on corporate expenditures for political activities (a) Definitions In this section, the terms expenditure for political activities and issuer have the meanings given the terms in section 14C. (b) Listing on exchanges Not later than 180 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer that is not in compliance with the requirements of any portion of subsection (c). (c) Requirement for vote in corporate bylaws (1) Vote required The bylaws of an issuer shall expressly provide for a vote of the board of directors of the issuer on— (A) any expenditure for political activities in excess of $50,000; and (B) any expenditure for political activities that would result in the total amount spent by the issuer for a particular election (as defined in section 301(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(1) )) in excess of $50,000. (2) Public availability An issuer shall make the votes of each member of the board of directors for a vote required under paragraph (1) publicly available not later than 48 hours after the vote, including in a clear and conspicuous location on the internet web site of the issuer. (d) No Effect on Determination of Coordination With Candidates or Campaigns For purposes of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.), an expenditure for political activities by an issuer shall not be treated as made in concert or cooperation with, or at the request or suggestion of, any candidate or committee solely because a member of the board of directors of the issuer voted on the expenditure as required under this section. . (c) Reporting requirements Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following: (s) Reporting requirements relating to certain political expenditures (1) Definitions In this subsection, the terms expenditure for political activities and issuer have the meanings given the terms in section 14C. (2) Quarterly reports (A) Reports required Not later than 180 days after the date of enactment of this subsection, the Commission shall amend the reporting rules under this section to require each issuer with a class of equity securities registered under section 12 of this title to submit to the Commission and the shareholders of the issuer a quarterly report containing— (i) a description of any expenditure for political activities made during the preceding quarter; (ii) the date of each expenditure for political activities; (iii) the amount of each expenditure for political activities; (iv) the votes of each member of the board of directors authorizing the expenditure for political activity, as required under section 16A(c); (v) if the expenditure for political activities was made in support of or opposed to a candidate, the name of the candidate and the office sought by, and the political party affiliation of, the candidate; and (vi) the name or identity of trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code which receive dues or other payments as described in section 14C(a)(1)(A)(iii). (B) Public availability The Commission shall ensure that, to the greatest extent practicable, the quarterly reports required under this paragraph are publicly available through the internet web site of the Commission and through the EDGAR system in a manner that is searchable, sortable, and downloadable, consistent with the requirements under section 24. (3) Annual reports Not later than 180 days after the date of enactment of this subsection, the Commission shall, by rule, require each issuer to include in the annual report of the issuer to shareholders a summary of each expenditure for political activities made during the preceding year in excess of $10,000, and each expenditure for political activities for a particular election if the total amount of such expenditures for that election is in excess of $10,000. . (d) Reports (1) Securities and Exchange Commission The Securities and Exchange Commission shall— (A) conduct an annual assessment of the compliance of issuers and officers and members of the boards of directors of issuers with sections 13(s), 14C, and 16A of the Securities Exchange Act of 1934, as added by this section; and (B) submit to Congress an annual report containing the results of the assessment under paragraph (1). (2) Government Accountability Office The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the oversight by the Securities and Exchange Commission of the reporting and disclosure requirements under sections 13(s), 14C, and 16A of the Securities Exchange Act of 1934, as added by this section. H Disclosure of Political Spending by Government Contractors 4701. Repeal of restriction on use of funds to require disclosure of political spending by government contractors Section 735 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–260 ) is hereby repealed. I Limitation and Disclosure Requirements for Presidential Inaugural Committees 4801. Short title This subtitle may be cited as the Presidential Inaugural Committee Oversight Act . 4802. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees (a) Requirements for Inaugural Committees Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.), as amended by section 4421, is amended by adding at the end the following new section: 326. Inaugural committees (a) Prohibited donations (1) In general It shall be unlawful— (A) for an Inaugural Committee— (i) to solicit, accept, or receive a donation from a person that is not an individual; or (ii) to solicit, accept, or receive a donation from a foreign national; (B) for a person— (i) to make a donation to an Inaugural Committee in the name of another person, or to knowingly authorize his or her name to be used to effect such a donation; (ii) to solicit or knowingly accept a donation to an Inaugural Committee made by a person in the name of another person; or (iii) to convert a donation to an Inaugural Committee to personal use as described in paragraph (2); and (C) for a foreign national to, directly or indirectly, make a donation, or make an express or implied promise to make a donation, to an Inaugural Committee. (2) Conversion of donation to personal use For purposes of paragraph (1)(B)(iii), a donation shall be considered to be converted to personal use if any part of the donated amount is used to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the responsibilities of the Inaugural Committee under chapter 5 of title 36, United States Code. (3) No effect on disbursement of unused funds to nonprofit organizations Nothing in this subsection may be construed to prohibit an Inaugural Committee from disbursing unused funds to an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (b) Limitation on donations (1) In general It shall be unlawful for an individual to make donations to an Inaugural Committee which, in the aggregate, exceed $50,000. (2) Indexing At the beginning of each Presidential election year (beginning with 2028), the amount described in paragraph (1) shall be increased by the cumulative percent difference determined in section 315(c)(1)(A) since the previous Presidential election year. If any amount after such increase is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. (c) Disclosure of certain donations and disbursements (1) Donations over $1,000 (A) In general An Inaugural Committee shall file with the Commission a report disclosing any donation by an individual to the committee in an amount of $1,000 or more not later than 24 hours after the receipt of such donation. (B) Contents of report A report filed under subparagraph (A) shall contain— (i) the amount of the donation; (ii) the date the donation is received; and (iii) the name and address of the individual making the donation. (2) Final report Not later than the date that is 90 days after the date of the Presidential inaugural ceremony, the Inaugural Committee shall file with the Commission a report containing the following information: (A) For each donation of money or anything of value made to the committee in an aggregate amount equal to or greater than $200— (i) the amount of the donation; (ii) the date the donation is received; and (iii) the name and address of the individual making the donation. (B) The total amount of all disbursements, and all disbursements in the following categories: (i) Disbursements made to meet committee operating expenses. (ii) Repayment of all loans. (iii) Donation refunds and other offsets to donations. (iv) Any other disbursements. (C) The name and address of each person— (i) to whom a disbursement in an aggregate amount or value in excess of $200 is made by the committee to meet a committee operating expense, together with date, amount, and purpose of such operating expense; (ii) who receives a loan repayment from the committee, together with the date and amount of such loan repayment; (iii) who receives a donation refund or other offset to donations from the committee, together with the date and amount of such disbursement; and (iv) to whom any other disbursement in an aggregate amount or value in excess of $200 is made by the committee, together with the date and amount of such disbursement. (d) Definitions For purposes of this section: (1) (A) The term donation includes— (i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person to the committee; or (ii) the payment by any person of compensation for the personal services of another person which are rendered to the committee without charge for any purpose. (B) The term donation does not include the value of services provided without compensation by any individual who volunteers on behalf of the committee. (2) The term foreign national has the meaning given that term by section 319(b). (3) The term Inaugural Committee has the meaning given that term by section 501 of title 36, United States Code. . (b) Confirming amendment related to reporting requirements Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ) is amended— (1) by striking subsection (h); and (2) by redesignating subsection (i) as subsection (h). (c) Conforming amendment related to status of committee Section 510 of title 36, United States Code, is amended to read as follows: 510. Disclosure of and prohibition on certain donations A committee shall not be considered to be the Inaugural Committee for purposes of this chapter unless the committee agrees to, and meets, the requirements of section 326 of the Federal Election Campaign Act of 1971. . (d) Effective date The amendments made by this Act shall apply with respect to Inaugural Committees established under chapter 5 of title 36, United States Code, for inaugurations held in 2025 and any succeeding year. J Miscellaneous Provisions 4901. Effective dates of provisions Each provision of this title and each amendment made by a provision of this title shall take effect on the effective date provided under this title for such provision or such amendment without regard to whether or not the Federal Election Commission, the Attorney General, or any other person has promulgated regulations to carry out such provision or such amendment. 4902. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. V Campaign Finance Empowerment A Findings Relating to Citizens United Decision 5001. Findings relating to Citizens United decision Congress finds the following: (1) The American Republic was founded on the principle that all people are created equal, with rights and responsibilities as citizens to vote, be represented, speak, debate, and participate in self-government on equal terms regardless of wealth. To secure these rights and responsibilities, our Constitution not only protects the equal rights of all Americans but also provides checks and balances to prevent corruption and prevent concentrated power and wealth from undermining effective self-government. (2) The Founders designed the First Amendment to help prevent tyranny by ensuring that the people have the tools they need to ensure self-government and to keep their elected leaders responsive to the public. The Amendment thus guarantees the right of everyone to speak, to petition the government for redress, to assemble together, and for a free press. If only the wealthiest individuals can participate meaningfully in our democracy, then these First Amendment principles become an illusion. (3) Campaign finance laws promote these First Amendment interests. They increase robust debate from diverse voices, enhance the responsiveness of elected officeholders, and help prevent corruption. They do not censor anyone’s speech but simply ensure that no one’s speech is drowned out. The Supreme Court has failed to recognize that these laws are essential, proactive rules that help guarantee true democratic self-government. (4) The Supreme Court’s decisions in Citizens United v. Federal Election Commission , 558 U.S. 310 (2010) and McCutcheon v. FEC , 572 U.S. 185 (2014), as well as other court decisions, erroneously invalidated even-handed rules about the spending of money in local, State, and Federal elections. These rules do not prevent anyone from speaking their mind, much less pick winners and losers of political debates. Although the Court has upheld other content-neutral laws like these, it has failed to apply to same logic to campaign finance laws. These flawed decisions have empowered large corporations, extremely wealthy individuals, and special interests to dominate election spending, corrupt our politics, and degrade our democracy through tidal waves of unlimited and anonymous spending. These decisions also stand in contrast to a long history of efforts by Congress and the States to regulate money in politics to protect democracy, and they illustrate a troubling deregulatory trend in campaign finance-related court decisions. Additionally, an unknown amount of foreign money continues to be spent in our political system as subsidiaries of foreign-based corporations and hostile foreign actors sometimes connected to nation-States work to influence our elections. (5) The Supreme Court’s misinterpretation of the Constitution to empower monied interests at the expense of the American people in elections has seriously eroded over 100 years of congressional action to promote fairness and protect elections from the toxic influence of money. (6) In 1907, Congress passed the Tillman Act in response to the concentration of corporate power in the post-Civil War Gilded Age. The Act prohibited corporations from making contributions in connection with Federal elections, aiming not merely to prevent the subversion of the integrity of the electoral process [but] * * * to sustain the active, alert responsibility of the individual citizen in a democracy for the wise conduct of government . (7) By 1910, Congress began passing disclosure requirements and campaign expenditure limits, and dozens of States passed corrupt practices Acts to prohibit corporate spending in elections. States also enacted campaign spending limits, and some States limited the amount that people could contribute to campaigns. (8) In 1947, the Taft-Hartley Act prohibited corporations and unions from making campaign contributions or other expenditures to influence elections. In 1962, a Presidential commission on election spending recommended spending limits and incentives to increase small contributions from more people. (9) The Federal Election Campaign Act of 1971 (FECA), as amended in 1974, required disclosure of contributions and expenditures, imposed contribution and expenditure limits for individuals and groups, set spending limits for campaigns, candidates, and groups, implemented a public funding system for Presidential campaigns, and created the Federal Election Commission to oversee and enforce the new rules. (10) In the wake of Citizens United and other damaging Federal court decisions, Americans have witnessed an explosion of outside spending in elections. Outside spending increased more than 700 percent between the 2008 and 2020 Presidential election years. Spending by outside groups nearly doubled again from 2016 to 2020 with super PACs, tax-exempt groups, and others spending more than $3,000,000,000. And as political entities adapt to a post- Citizens United , post- McCutcheon landscape, these trends are getting worse, as evidenced by the record-setting 2020 elections which cost more than $14,000,000,000 in total. (11) Since the landmark Citizens United decision, 21 States and more than 800 municipalities, including large cities like New York, Los Angeles, Chicago, and Philadelphia, have gone on record supporting a constitutional amendment. Transcending political leanings and geographic location, voters in States and municipalities across the country that have placed amendment questions on the ballot have routinely supported these initiatives by considerably large margins. (12) The Court has tied the hands of Congress and the States, severely restricting them from setting reasonable limits on campaign spending. For example, the Court has held that only the Government’s interest in preventing quid pro quo corruption, like bribery, or the appearance of such corruption, can justify limits on campaign contributions. More broadly, the Court has severely curtailed attempts to reduce the ability of the Nation’s wealthiest and most powerful to skew our democracy in their favor by buying outsized influence in our elections. Because this distortion of the Constitution has prevented other critical regulation or reform of the way we finance elections in America, a constitutional amendment is needed to achieve a democracy for all the people. (13) The torrent of money flowing into our political system has a profound effect on the democratic process for everyday Americans, whose voices and policy preferences are increasingly being drowned out by those of wealthy special interests. The more campaign cash from wealthy special interests can flood our elections, the more policies that favor those interests are reflected in the national political agenda. When it comes to policy preferences, our Nation’s wealthiest tend to have fundamentally different views than do average Americans when it comes to issues ranging from unemployment benefits to the minimum wage to health care coverage. (14) At the same time millions of Americans have signed petitions, marched, called their Members of Congress, written letters to the editor, and otherwise demonstrated their public support for a constitutional amendment to overturn Citizens United that will allow Congress to reign in the outsized influence of unchecked money in politics. Dozens of organizations, representing tens of millions of individuals, have come together in a shared strategy of supporting such an amendment. (15) In order to protect the integrity of democracy and the electoral process and to ensure political equality for all, the Constitution should be amended so that Congress and the States may regulate and set limits on the raising and spending of money to influence elections and may distinguish between natural persons and artificial entities, like corporations, that are created by law, including by prohibiting such artificial entities from spending money to influence elections. B Senate Elections 5100. Short title This subtitle may be cited as the Fair Elections Now Act of 2021 . 1 Small Donor Incentive Programs 5101. Sense of the Senate regarding small donor incentive programs It is the sense of the Senate that Congress should take steps to allow more Americans to fully participate in our democracy through authorizing publicly financed small donor incentive programs, including small-dollar voucher programs that broaden and diversify the number of Americans who are able to have their voice heard in the marketplace of ideas. 2 Small Dollar Financing of Senate Election Campaigns 5111. Eligibility requirements and benefits of fair elections financing of Senate election campaigns The Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.) is amended by adding at the end the following: V Fair Elections Financing of Senate Election Campaigns A General provisions 501. Definitions In this title: (1) Allocation from the fund The term allocation from the Fund means an allocation of money from the Freedom From Influence Fund to a participating candidate pursuant to section 522. (2) Commission The term Commission means the Federal Election Commission. (3) Enhanced matching contribution The term enhanced matching contribution means an enhanced matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 524. (4) Enhanced support qualifying period The term enhanced support qualifying period means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. (5) Fair elections qualifying period The term Fair Elections qualifying period means, with respect to any candidate for Senator, the period— (A) beginning on the date on which the candidate files a statement of intent under section 511(a)(1); and (B) ending on the date that is 30 days before— (i) the date of the primary election; or (ii) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (6) Fair elections start date The term Fair Elections start date means, with respect to any candidate, the date that is 180 days before— (A) the date of the primary election; or (B) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (7) Fund The term Fund means the Freedom From Influence Fund established by section 502. (8) Immediate family The term immediate family means, with respect to any candidate— (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (9) Matching contribution The term matching contribution means a matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 523. (10) Nonparticipating candidate The term nonparticipating candidate means a candidate for Senator who is not a participating candidate. (11) Participating candidate The term participating candidate means a candidate for Senator who is certified under section 514 as being eligible to receive an allocation from the Fund. (12) Qualifying contribution The term qualifying contribution means, with respect to a candidate, a contribution that— (A) is in an amount that is— (i) not less than $5; and (ii) not more than $200; (B) is made by an individual who is not otherwise prohibited from making a contribution under this Act; (C) is made during the Fair Elections qualifying period; and (D) meets the requirements of section 512(b). (13) Qualified small dollar contribution The term qualified small dollar contribution means, with respect to a candidate, any contribution (or series of contributions)— (A) which is not a qualifying contribution (or does not include a qualifying contribution); (B) which is made by an individual who is not prohibited from making a contribution under this Act; and (C) the aggregate amount of which does not exceed $200 per election. (14) Qualifying multicandidate political committee contribution (A) In general The term qualifying multicandidate political committee contribution means any contribution to a candidate that is made from a qualified account of a multicandidate political committee (within the meaning of section 315(a)(2)). (B) Qualified account For purposes of subparagraph (A), the term qualified account means, with respect to a multicandidate political committee, a separate, segregated account of the committee that consists solely of contributions which meet the following requirements: (i) All contributions to such account are made by individuals who are not prohibited from making contributions under this Act. (ii) The aggregate amount of contributions from each individual to such account and all other accounts of the political committee do not exceed the amount described in paragraph (13)(C). 502. Freedom from influence fund (a) Establishment There is established in the Treasury a fund to be known as the Freedom From Influence Fund . (b) Amounts held by fund The Fund shall consist of the following amounts: (1) Assessments against fines, settlements, and penalties Amounts transferred under section 3015 of title 18, United States Code, section 9707 of title 31, United States Code, and section 6761 of the Internal Revenue Code of 1986. (2) Deposits Amounts deposited into the Fund under— (A) section 513(c) (relating to exceptions to contribution requirements); (B) section 521(c) (relating to remittance of unused payments from the Fund); and (C) section 532 (relating to violations). (c) Use of fund To make payments to participating candidates (1) Payments to participating candidates Amounts in the Fund shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. (2) Mandatory reduction of payments in case of insufficient amounts in fund (A) Advance audits by commission Not later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), the Commission shall— (i) audit the Fund to determine whether the amounts in the Fund will be sufficient to make payments to participating candidates in the amounts provided in this title during such election cycle; and (ii) submit a report to Congress describing the results of the audit. (B) Reductions in amount of payments (i) Automatic reduction on pro rata basis If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount anticipated to be available in the Fund with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates to payments under this title for such election cycle, the Commission shall reduce each amount which would otherwise be paid to a participating candidate under this title by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the election cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such election cycle. (ii) Restoration of reductions in case of availability of sufficient funds during election cycle If, after reducing the amounts paid to participating candidates with respect to an election cycle under clause (i), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such participating candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under clause (i) (or any portion thereof, as the case may be). (iii) No use of amounts from other sources In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to participating candidates under this title, moneys shall not be made available from any other source for the purpose of making such payments. (d) No taxpayer funds permitted No taxpayer funds may be deposited into the Fund. (e) Use of fund To make other payments In addition to the use described in subsection (d), amounts in the Fund shall be available without further appropriation or fiscal year limitation— (1) to make payments to candidates under chapter 95 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9013(b) of such Code; and (2) to make payments to candidates under chapter 96 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9043(b) of such Code. (f) Effective date This section shall take effect on the date of the enactment of this title. B Eligibility and certification 511. Eligibility (a) In general A candidate for Senator is eligible to receive an allocation from the Fund for any election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the Fair Elections start date and ending on the last day of the Fair Elections qualifying period. (2) The candidate meets the qualifying contribution requirements of section 512. (3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 513(d)(2). (4) Not later than the last day of the Fair Elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate’s principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 513; (B) if certified, will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (b) General election Notwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under State law. 512. Qualifying contribution requirement (a) In general A candidate for Senator meets the requirement of this section if, during the Fair Elections qualifying period, the candidate obtains— (1) a number of qualifying contributions equal to the sum of— (A) 2,000; plus (B) 500 for each congressional district in the State with respect to which the candidate is seeking election; and (2) a total dollar amount of qualifying contributions equal to 10 percent of the amount of the allocation such candidate would be entitled to receive for the primary election under section 522(c)(1) (determined without regard to paragraph (5) thereof) if such candidate were a participating candidate. (b) Requirements relating to receipt of qualifying contribution Each qualifying contribution— (1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; (2) shall be accompanied by a signed statement containing the contributor’s name and the contributor’s address in the State in which the contributor is registered to vote; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. (c) Verification of qualifying contributions The Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section. 513. Contribution and expenditure requirements (a) General rule A candidate for Senator meets the requirements of this section if, during the election cycle of the candidate, the candidate— (1) except as provided in subsection (b), accepts no contributions other than— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; (G) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and (H) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000; and (2) makes no expenditures from any amounts other than from— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; (G) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and (H) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. For purposes of this subsection, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (b) Contributions for leadership PACs, etc A political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection (a)(1) from any person if— (1) the aggregate contributions from such person for any calendar year do not exceed $200; and (2) no portion of such contributions is disbursed in connection with the campaign of the participating candidate. (c) Special rules for personal funds A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as— (1) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate’s certification as a participating candidate) does not exceed $50,000; and (2) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. (d) Requirements relating to subsequent contributions and notification requirements (1) Restriction on subsequent contributions (A) Prohibiting donor from making subsequent nonqualified contributions during election cycle An individual who makes a qualified small dollar contribution to a candidate with respect to an election may not make any subsequent contribution to such candidate with respect to the election cycle which is not a qualified small dollar contribution. (B) Treatment of subsequent nonqualified contributions If, notwithstanding the prohibition described in subparagraph (A), an individual who makes a qualified small dollar contribution to a candidate with respect to an election makes a subsequent contribution to such candidate with respect to the election which is prohibited under subparagraph (A) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: (i) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (13)(C) of section 501 (relating to the aggregate amount of qualified small dollar contributions that may be made by an individual to a candidate), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in such paragraph. (ii) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission for deposit in the Freedom from Influence Fund established by section 502 an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. (C) No effect on ability to make multiple contributions Nothing in this subsection may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets the definition of a qualified small dollar contribution under section 501(13). (2) Notification requirements for candidates (A) Notification Each authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: (i) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. (ii) A statement that a contribution which meets the definition of a qualified small dollar contribution under section 501(13) shall be treated as a qualified small dollar contribution under this title. (iii) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. (B) Alternative methods of meeting requirements An authorized committee may meet the requirements of subparagraph (A)— (i) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or (ii) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). (e) Exception Notwithstanding subsection (a), a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions, qualifying contributions, qualifying multicandidate political committee contributions, or contributions that meet the requirements of subsection (b) and that are accepted before the date the candidate files a statement of intent under section 511(a)(1) are— (1) returned to the contributor; or (2) submitted to the Commission for deposit in the Fund. 514. Certification (a) In general Not later than 5 days after a candidate for Senator files an affidavit under section 511(a)(4), the Commission shall— (1) certify whether or not the candidate is a participating candidate; and (2) notify the candidate of the Commission’s determination. (b) Revocation of certification (1) In general The Commission may revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification; or (B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Repayment of benefits If certification is revoked under paragraph (1), the candidate shall repay to the Fund an amount equal to the value of benefits received under this title plus interest (at a rate determined by the Commission) on any such amount received. C Benefits 521. Benefits for participating candidates (a) In general For each election with respect to which a candidate is certified as a participating candidate under section 514, such candidate shall be entitled to— (1) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522; (2) matching contributions, as provided in section 523; and (3) enhanced matching contributions, as provided in section 524. (b) Restriction on uses of allocations from the fund Allocations from the Fund received by a participating candidate under section 522, matching contributions under section 523, and enhanced matching contributions under section 524 may only be used for campaign-related costs. (c) Remitting allocations from the fund (1) In general Not later than the date that is 180 days after an election in which the participating candidate appeared on the ballot, such participating candidate shall remit to the Commission for deposit in the Fund an amount equal to the lesser of— (A) the amount of money in the candidate’s campaign account; or (B) the sum of the allocations from the Fund received by the candidate under section 522, the matching contributions received by the candidate under section 523, and the enhanced matching contributions under section 524. (2) Exceptions (A) Subsequent election In the case of a candidate who qualifies to be on the ballot for a primary runoff election, a general election, or a general runoff election, the amounts described in paragraph (1) may be retained by the candidate and used in such subsequent election. (B) Candidate seeking certification for next election cycle Notwithstanding paragraph (1), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under paragraph (1) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination that the candidate does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. 522. Allocations from the fund (a) In general The Commission shall make allocations from the Fund under section 521(a)(1) to a participating candidate— (1) in the case of amounts provided under subsection (d)(1), after the date on which such candidate is certified as a participating candidate under section 514; (2) in the case of a general election after— (A) the date of the certification of the results of the primary election or the primary runoff election; or (B) in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; and (3) in the case of a primary runoff election or a general runoff election, after the certification of the results of the primary election or the general election, as the case may be. (b) Method of payment The Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card. (c) Timing of payment The Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after date of the applicable certification as described in subsection (a). (d) Amounts (1) Primary election allocation; initial allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a primary election to a participating candidate in an amount equal to 67 percent of the base amount with respect to such participating candidate. (2) Primary runoff election allocation The Commission shall make an allocation from the Fund for a primary runoff election to a participating candidate in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election. (3) General election allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a general election to a participating candidate in an amount equal to the base amount with respect to such candidate. (4) General runoff election allocation The Commission shall make an allocation from the Fund for a general runoff election to a participating candidate in an amount equal to 25 percent of the base amount with respect to such candidate. (5) Uncontested elections (A) In general In the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation which such candidate would be entitled to under this section for such election if this paragraph did not apply. (B) Uncontested election defined For purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a participating candidate would be entitled to receive under this section for such election if this paragraph did not apply. (e) Base amount (1) In general Except as otherwise provided in this subsection, the base amount for any candidate is an amount equal to the sum of— (A) $750,000; plus (B) $150,000 for each congressional district in the State with respect to which the candidate is seeking election. (2) Indexing In each even-numbered year after 2027— (A) each dollar amount under paragraph (1) shall be increased by the percent difference between the price index (as defined in section 315(c)(2)(A)) for the 12 months preceding the beginning of such calendar year and the price index for calendar year 2022; (B) each dollar amount so increased shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (C) if any amount after adjustment under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. 523. Matching payments for qualified small dollar contributions (a) In general The Commission shall pay to each participating candidate an amount equal to 600 percent of the amount of qualified small dollar contributions received by the candidate from individuals after the date on which such candidate is certified under section 514. (b) Limitation The aggregate payments under subsection (a) with respect to any candidate shall not exceed 400 percent of the allocation such candidate is entitled to receive for such election under section 522 (determined without regard to subsection (d)(5) thereof). (c) Time of payment The Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d). (d) Reports (1) In general Each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe. (2) Contents of reports Each report under this subsection shall disclose— (A) the amount of each qualified small dollar contribution received by the candidate; and (B) the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate. (3) Frequency of reports Reports under this subsection shall be made no more frequently than— (A) once every month until the date that is 90 days before the date of the election; and (B) once every week after the period described in subparagraph (A) and until the date of the election. (4) Limitation on regulations The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. (e) Appeals The Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide the opportunity for review and reconsideration within 5 business days of such denial. 524. Enhanced matching support (a) In general In addition to the payments made under section 523, the Commission shall make an additional payment to an eligible candidate under this section. (b) Eligibility A candidate is eligible to receive an additional payment under this section if the candidate meets each of the following requirements: (1) The candidate is on the ballot for the general election for the office the candidate seeks. (2) The candidate is certified as a participating candidate under this title with respect to the election. (3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than the sum of $15,000 for each congressional district in the State with respect to which the candidate is seeking election. (4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes— (A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; (B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and (C) such other information and assurances as the Commission may require. (5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this title. (c) Amount (1) In general Subject to paragraph (2), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of— (A) the amount of the payment made to the candidate under section 523 with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under (b)(4)(A)); or (B) in the case of a candidate who is not eligible to receive a payment under section 523 with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under section 523, the amount of the payment which would have been made to the candidate under section 523 with respect to such qualified small dollar contributions if the candidate had not reached such limit. (2) Limit The amount of the additional payment determined under paragraph (1) with respect to a candidate may not exceed the sum of $150,000 for each congressional district in the State with respect to which the candidate is seeking election. (3) No effect on aggregate limit The amount of the additional payment made to a candidate under this section shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 523. D Administrative provisions 531. Duties of the Federal Election Commission (a) Duties and powers (1) Administration The Commission shall have the power to administer the provisions of this title and shall prescribe regulations to carry out the purposes of this title, including regulations— (A) to establish procedures for— (i) verifying the amount of valid qualifying contributions with respect to a candidate; (ii) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (iii) monitoring the raising of qualifying multicandidate political committee contributions through effectively and efficiently monitoring and enforcing the limits on individual contributions to qualified accounts of multicandidate political committees; (iv) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; and (v) monitoring the use of allocations from the Fund and matching contributions under this title through audits or other mechanisms; and (B) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. (2) Review of Fair Elections financing (A) In general After each general election for Federal office, the Commission shall conduct a comprehensive review of the Fair Elections financing program under this title, including— (i) the maximum dollar amount of qualified small dollar contributions under section 501(13); (ii) the maximum and minimum dollar amounts for qualifying contributions under section 501(12); (iii) the number and value of qualifying contributions a candidate is required to obtain under section 512 to qualify for allocations from the Fund; (iv) the amount of allocations from the Fund that candidates may receive under section 522; (v) the maximum amount of matching contributions a candidate may receive under section 523; (vi) the maximum amount of enhanced matching contributions a candidate may receive under section 524; (vii) the overall satisfaction of participating candidates and the American public with the program; and (viii) such other matters relating to financing of Senate campaigns as the Commission determines are appropriate. (B) Criteria for review In conducting the review under subparagraph (A), the Commission shall consider the following: (i) Qualifying contributions and qualified small dollar contributions The Commission shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Commission determines is appropriate. (ii) Review of program benefits The Commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations from the Fund under section 522, matching contributions under section 523, and enhanced matching contributions under section 524 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Commission determines is appropriate. (C) Recommendations for adjustment of amounts Based on the review conducted under subparagraph (A), the Commission shall make recommendations to Congress for any adjustment of the following amounts: (i) The maximum dollar amount of qualified small dollar contributions under section 501(13)(C). (ii) The maximum and minimum dollar amounts for qualifying contributions under section 501(12)(A). (iii) The number and value of qualifying contributions a candidate is required to obtain under section 512(a)(1). (iv) The base amount for candidates under section 522(d). (v) The maximum amount of matching contributions a candidate may receive under section 523(b). (vi) The maximum amount of enhanced matching contributions a candidate may receive under section 524(c). (D) Report Not later than March 30 following any general election for Federal office, the Commission shall submit a report to Congress on the review conducted under subparagraph (A) and any recommendations developed under subparagraph (C). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission based on such review. (b) Reports Not later than March 30, 2026, and every 2 years thereafter, the Commission shall submit to the Senate Committee on Rules and Administration a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. 532. Violations and penalties (a) Civil penalty for violation of contribution and expenditure requirements If a candidate who has been certified as a participating candidate under section 514 accepts a contribution or makes an expenditure that is prohibited under section 513, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fund. (b) Repayment for improper use of freedom from influence fund (1) In general If the Commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— (A) the amount of benefits so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. . 5112. Prohibition on joint fundraising committees Section 302(e) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(e) ) is amended by adding at the end the following new paragraph: (6) No authorized committee of a participating candidate (as defined in section 501) may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate. . 5113. Exception to limitation on coordinated expenditures by political party committees with participating candidates Section 315(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (3)(A), by striking in the case of and inserting except as provided in paragraph (6), in the case of ; and (2) by adding at the end the following new paragraph: (6) (A) The limitation under paragraph (3)(A) shall not apply with respect to any expenditure from a qualified political party-participating candidate coordinated expenditure fund. (B) In this paragraph, the term qualified political party-participating candidate coordinated expenditure fund means a fund established by the national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, for purposes of making expenditures in connection with the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), that only accepts qualified coordinated expenditure contributions. (C) In this paragraph, the term qualified coordinated expenditure contribution means, with respect to the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), any contribution (or series of contributions)— (i) which is made by an individual who is not prohibited from making a contribution under this Act; and (ii) the aggregate amount of which does not exceed $500 per election. . 5114. Assessments against fines and penalties (a) Assessments relating to criminal offenses (1) In general Chapter 201 of title 18, United States Code, is amended by adding at the end the following new section: 3015. Special assessments for Freedom from Influence Fund (a) Assessments (1) Convictions of crimes In addition to any assessment imposed under this chapter, the court shall assess on any organizational defendant or any defendant who is a corporate officer or person with equivalent authority in any other organization who is convicted of a criminal offense under Federal law an amount equal to 4.75 percent of any fine imposed on that defendant in the sentence imposed for that conviction. (2) Settlements The court shall assess on any organizational defendant or defendant who is a corporate officer or person with equivalent authority in any other organization who has entered into a settlement agreement or consent decree with the United States in satisfaction of any allegation that the defendant committed a criminal offense under Federal law an amount equal to 4.75 percent of the amount of the settlement. (b) Manner of collection An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. (c) Transfers In a manner consistent with section 3302(b) of title 31, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under section 502 of the Federal Election Campaign Act of 1971 an amount equal to the amount of the assessments collected under this section. . (2) Clerical amendment The table of sections of chapter 201 of title 18, United States Code, is amended by adding at the end the following: 3015. Special assessments for Freedom From Influence Fund. . (b) Assessments relating to civil penalties (1) In general Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section: 9707. Special assessments for Freedom from Influence fund (a) Assessments (1) Civil penalties Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose a civil penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. (2) Administrative penalties Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose an administrative penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. (3) Settlements Any entity of the Federal Government which is authorized under any law, rule, or regulation to enter into a settlement agreement or consent decree with any person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, in satisfaction of any allegation of an action or omission by the person which would be subject to a civil penalty or administrative penalty shall assess on such person an amount equal to 4.75 percent of the amount of the settlement. (b) Manner of collection An amount assessed under subsection (a) shall be collected— (1) in the case of an amount assessed under paragraph (1) of such subsection, in the manner in which civil penalties are collected by the entity of the Federal Government involved; (2) in the case of an amount assessed under paragraph (2) of such subsection, in the manner in which administrative penalties are collected by the entity of the Federal Government involved; and (3) in the case of an amount assessed under paragraph (3) of such subsection, in the manner in which amounts are collected pursuant to settlement agreements or consent decrees entered into by the entity of the Federal Government involved. (c) Transfers In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under section 502 of the Federal Election Campaign Act of 1971 an amount equal to the amount of the assessments collected under this section. (d) Exception for penalties and settlements under authority of the internal revenue code of 1986 (1) In general No assessment shall be made under subsection (a) with respect to any civil or administrative penalty imposed, or any settlement agreement or consent decree entered into, under the authority of the Internal Revenue Code of 1986. (2) Cross reference For application of special assessments for the Freedom From Influence Fund with respect to certain penalties under the Internal Revenue Code of 1986, see section 6761 of the Internal Revenue Code of 1986. . (2) Clerical amendment The table of sections of chapter 97 of title 31, United States Code, is amended by adding at the end the following: 9706. Special assessments for Freedom From Influence Fund. . (c) Assessments relating to certain penalties under the internal revenue code of 1986 (1) In general Chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: D Special assessments for freedom from influence fund 6761. Special assessments for freedom from influence fund (a) In general Each person required to pay a covered penalty shall pay an additional amount equal to 4.75 percent of the amount of such penalty. (b) Covered penalty For purposes of this section, the term covered penalty means any addition to tax, additional amount, penalty, or other liability provided under subchapter A or B. (c) Exception for certain individuals (1) In general In the case of a taxpayer who is an individual, subsection (a) shall not apply to any covered penalty if such taxpayer is an exempt taxpayer for the taxable year for which such covered penalty is assessed. (2) Exempt taxpayer For purposes of this subsection, a taxpayer is an exempt taxpayer for any taxable year if the taxable income of such taxpayer for such taxable year does not exceed the dollar amount at which begins the highest rate bracket in effect under section 1 with respect to such taxpayer for such taxable year. (d) Application of certain rules Except as provided in subsection (e), the additional amount determined under subsection (a) shall be treated for purposes of this title in the same manner as the covered penalty to which such additional amount relates. (e) Transfer to freedom from influence fund The Secretary shall deposit any additional amount under subsection (a) in the General Fund of the Treasury and shall transfer from such General Fund to the Freedom From Influence Fund established under section 502 of the Federal Election Campaign Act of 1971 an amount equal to the amounts so deposited (and, notwithstanding subsection (d), such additional amount shall not be the basis for any deposit, transfer, credit, appropriation, or any other payment, to any other trust fund or account). Rules similar to the rules of section 9601 shall apply for purposes of this subsection. . (2) Clerical amendment The table of subchapters for chapter 68 of such Code is amended by adding at the end the following new item: SUBCHAPTER D—Special assessments for freedom from influence fund Sec. 6761. Special assessments for freedom from influence fund. . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply with respect to convictions, agreements, and penalties which occur on or after the date of the enactment of this Act. (2) Assessments relating to certain penalties under the internal revenue code of 1986 The amendments made by subsection (c) shall apply to covered penalties assessed after the date of the enactment of this Act . 5115. Study and report on small dollar financing program (a) Study and report Not later than 2 years after the completion of the first election cycle in which the program established under title V of the Federal Election Campaign Act of 1971, as added by section 5111, is in effect, the Federal Election Commission shall— (1) assess— (A) the amount of payment referred to in section 523 of such Act; and (B) the amount of a qualified small dollar contribution referred to in section 501(13) of such Act; and (2) submit to Congress a report that discusses whether such amounts are sufficient to meet the goals of the program. (b) Update The Commission shall update and revise the study and report required by subsection (a) on a biennial basis. (c) Termination The requirements of this section shall terminate 10 years after the date on which the first study and report required by subsection (a) is submitted to Congress. 5116. Effective date (a) In general Except as may otherwise be provided in this part and in the amendments made by this part, this part and the amendments made by this part shall apply with respect to elections occurring during 2028 or any succeeding year, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (b). (b) Deadline for regulations Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part. 3 Responsibilities of the Federal Election Commission 5121. Petition for certiorari Section 307(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107(a)(6) ) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal . 5122. Electronic filing of FEC reports Section 304(a)(11) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(a)(11) ) is amended— (1) in subparagraph (A), by striking under this Act— and all that follows and inserting under this Act shall be required to maintain and file such designation, statement, or report in electronic form accessible by computers. ; (2) in subparagraph (B), by striking 48 hours and all that follows through filed electronically) and inserting 24 hours ; and (3) by striking subparagraph (D). 4 Miscellaneous Provisions 5131. Severability If any provision of this subtitle or amendment made by this subtitle, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this subtitle and amendments made by this subtitle, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. C Presidential Elections 5200. Short title This subtitle may be cited as the Empower Act of 2021 . 1 Primary Elections 5201. Increase in and modifications to matching payments (a) Increase and modification (1) In general The first sentence of section 9034(a) of the Internal Revenue Code of 1986 is amended— (A) by striking an amount equal to the amount of each contribution and inserting an amount equal to 600 percent of the amount of each matchable contribution (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200) ; and (B) by striking authorized committees and all that follows through $250 and inserting authorized committees . (2) Matchable contributions Section 9034 of such Code is amended— (A) by striking the last sentence of subsection (a); and (B) by adding at the end the following new subsection: (c) Matchable contribution defined For purposes of this section and section 9033(b)— (1) Matchable contribution The term matchable contribution means, with respect to the nomination for election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that— (A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election, (B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A), and (C) such contribution was a direct contribution. (2) Contribution For purposes of this subsection, the term contribution means a gift of money made by a written instrument which identifies the individual making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4). (3) Direct contribution (A) In general For purposes of this subsection, the term direct contribution means, with respect to a candidate, a contribution which is made directly by an individual to the candidate or an authorized committee of the candidate and is not— (i) forwarded from the individual making the contribution to the candidate or committee by another person, or (ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. (B) Other definitions In subparagraph (A)— (i) the term person does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act, and (ii) a contribution is not made at the request, suggestion, or recommendation of another person solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual. . (3) Conforming amendments (A) Section 9032(4) of such Code is amended by striking section 9034(a) and inserting section 9034 . (B) Section 9033(b)(3) of such Code is amended by striking matching contributions and inserting matchable contributions . (b) Modification of payment limitation Section 9034(b) of such Code is amended— (1) by striking The total and inserting the following: (1) In general The total ; (2) by striking shall not exceed and all that follows and inserting shall not exceed $250,000,000. ; and (3) by adding at the end the following new paragraph: (2) Inflation adjustment (A) In general In the case of any applicable period beginning after 2029, the dollar amount in paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting calendar year 2027 for calendar year 1992 in subparagraph (B) thereof. (B) Applicable period For purposes of this paragraph, the term applicable period means the 4-year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election. (C) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . 5202. Eligibility requirements for matching payments (a) Amount of aggregate contributions per State; disregarding of amounts contributed in excess of $200 Section 9033(b)(3) of the Internal Revenue Code of 1986 is amended— (1) by striking $5,000 and inserting $25,000 ; and (2) by striking 20 States and inserting the following: 20 States (disregarding any amount of contributions from any such resident to the extent that the total of the amounts contributed by such resident for the election exceeds $200) . (b) Contribution limit (1) In general Paragraph (4) of section 9033(b) of such Code is amended to read as follows: (4) the candidate and the authorized committees of the candidate will not accept aggregate contributions from any person with respect to the nomination for election to the office of President of the United States in excess of $1,000 for the election. . (2) Conforming amendments (A) Section 9033(b) of such Code is amended by adding at the end the following new flush sentence: For purposes of paragraph (4), the term contribution has the meaning given such term in section 301(8) of the Federal Election Campaign Act of 1971. . (B) Section 9032(4) of such Code, as amended by section 5201(a)(3)(A), is amended by inserting or 9033(b) after 9034 . (c) Participation in system for payments for general election Section 9033(b) of such Code is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting , and ; and (3) by inserting after paragraph (4) the following new paragraph: (5) if the candidate is nominated by a political party for election to the office of President, the candidate will apply for and accept payments with respect to the general election for such office in accordance with chapter 95. . (d) Prohibition on joint fundraising committees Section 9033(b) of such Code, as amended by subsection (c), is amended— (1) by striking and at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ; and ; and (3) by inserting after paragraph (5) adding at the end the following new paragraph: (6) the candidate will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate, except that candidate established a joint fundraising committee with respect to a prior election for which the candidate was not eligible to receive payments under section 9037 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of this paragraph so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is eligible to receive payments under such section. . 5203. Repeal of expenditure limitations (a) In general Subsection (a) of section 9035 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Personal expenditure limitation No candidate shall knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess of, in the aggregate, $50,000. . (b) Conforming amendment Paragraph (1) of section 9033(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) the candidate will comply with the personal expenditure limitation under section 9035, . 5204. Period of availability of matching payments Section 9032(6) of the Internal Revenue Code of 1986 is amended by striking the beginning of the calendar year in which a general election for the office of President of the United States will be held and inserting the date that is 6 months prior to the date of the earliest State primary election . 5205. Examination and audits of matchable contributions Section 9038(a) of the Internal Revenue Code of 1986 is amended by inserting and matchable contributions accepted by after qualified campaign expenses of . 5206. Modification to limitation on contributions for Presidential primary candidates Section 315(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(6) ) is amended by striking calendar year and inserting four-year election cycle . 2 General Elections 5211. Modification of eligibility requirements for public financing Subsection (a) of section 9003 of the Internal Revenue Code of 1986 is amended to read as follows: (a) In general In order to be eligible to receive any payments under section 9006, the candidates of a political party in a Presidential election shall meet the following requirements: (1) Participation in primary payment system The candidate for President received payments under chapter 96 for the campaign for nomination for election to be President. (2) Agreements with Commission The candidates, in writing— (A) agree to obtain and furnish to the Commission such evidence as it may request of the qualified campaign expenses of such candidates, (B) agree to keep and furnish to the Commission such records, books, and other information as it may request, and (C) agree to an audit and examination by the Commission under section 9007 and to pay any amounts required to be paid under such section. (3) Prohibition on joint fundraising committees (A) Prohibition The candidates certify in writing that the candidates will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. (B) Status of existing committees for prior elections If a candidate established a joint fundraising committee described in subparagraph (A) with respect to a prior election for which the candidate was not eligible to receive payments under section 9006 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of subparagraph (A) so long as that joint fundraising committee does not receive any contributions or make any disbursements with respect to the election for which the candidate is eligible to receive payments under section 9006. . 5212. Repeal of expenditure limitations and use of qualified campaign contributions (a) Use of qualified campaign contributions without expenditure limits; application of same requirements for major, minor, and new parties Section 9003 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (c) and inserting the following: (b) Use of Qualified Campaign Contributions To Defray Expenses (1) In general In order to be eligible to receive any payments under section 9006, the candidates of a party in a Presidential election shall certify to the Commission, under penalty of perjury, that— (A) such candidates and their authorized committees have not and will not accept any contributions to defray qualified campaign expenses other than— (i) qualified campaign contributions, and (ii) contributions to the extent necessary to make up any deficiency payments received out of the fund on account of the application of section 9006(c), and (B) such candidates and their authorized committees have not and will not accept any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). (2) Timing of certification The candidate shall make the certification required under this subsection at the same time the candidate makes the certification required under subsection (a)(3). . (b) Definition of qualified campaign contribution Section 9002 of such Code is amended by adding at the end the following new paragraph: (13) Qualified campaign contribution The term qualified campaign contribution means, with respect to any election for the office of President of the United States, a contribution from an individual to a candidate or an authorized committee of a candidate which— (A) does not exceed $1,000 for the election, and (B) with respect to which the candidate has certified in writing that— (i) the individual making such contribution has not made aggregate contributions (including such qualified contribution) to such candidate and the authorized committees of such candidate in excess of the amount described in subparagraph (A), and (ii) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such qualified contribution) aggregating more than the amount described in subparagraph (A) with respect to such election. . (c) Conforming amendments (1) Repeal of expenditure limits (A) In general Section 315 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116 ) is amended by striking subsection (b). (B) Conforming amendments Section 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (i) in paragraph (1)(B)(i), by striking , (b) ; and (ii) in paragraph (2)(B)(i), by striking subsections (b) and (d) and inserting subsection (d) . (2) Repeal of repayment requirement (A) In general Section 9007(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (B) Conforming amendment Paragraph (2) of section 9007(b) of such Code, as redesignated by subparagraph (A), is amended— (i) by striking a major party and inserting a party ; (ii) by striking contributions (other than and inserting contributions (other than qualified contributions ; and (iii) by striking (other than qualified campaign expenses with respect to which payment is required under paragraph (2)) . (3) Criminal penalties (A) Repeal of penalty for excess expenses Section 9012 of the Internal Revenue Code of 1986 is amended by striking subsection (a). (B) Penalty for acceptance of disallowed contributions; application of same penalty for candidates of major, minor, and new parties Subsection (b) of section 9012 of such Code is amended to read as follows: (b) Contributions (1) Acceptance of disallowed contributions It shall be unlawful for an eligible candidate of a party in a Presidential election or any of his authorized committees knowingly and willfully to accept— (A) any contribution other than a qualified campaign contribution to defray qualified campaign expenses, except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006(c), or (B) any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). (2) Penalty Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both. . 5213. Matching payments and other modifications to payment amounts (a) In general (1) Amount of payments; application of same amount for candidates of major, minor, and new parties Subsection (a) of section 9004 of the Internal Revenue Code of 1986 is amended to read as follows: (a) In general Subject to the provisions of this chapter, the eligible candidates of a party in a Presidential election shall be entitled to equal payment under section 9006 in an amount equal to 600 percent of the amount of each matchable contribution received by such candidate or by the candidate’s authorized committees (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200), except that total amount to which a candidate is entitled under this paragraph shall not exceed $250,000,000. . (2) Repeal of separate limitations for candidates of minor and new parties; inflation adjustment Subsection (b) of section 9004 of such Code is amended to read as follows: (b) Inflation adjustment (1) In general In the case of any applicable period beginning after 2029, the $250,000,000 dollar amount in subsection (a) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting calendar year 2028 for calendar year 1992 in subparagraph (B) thereof. (2) Applicable period For purposes of this subsection, the term applicable period means the 4-year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election. (3) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . (3) Conforming amendment Section 9005(a) of such Code is amended by adding at the end the following new sentence: The Commission shall make such additional certifications as may be necessary to receive payments under section 9004. . (b) Matchable contribution Section 9002 of such Code, as amended by section 5212(b), is amended by adding at the end the following new paragraph: (14) Matchable contribution The term matchable contribution means, with respect to the election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that— (A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election, (B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A) with respect to such election, and (C) such contribution was a direct contribution (as defined in section 9034(c)(3)). . 5214. Increase in limit on coordinated party expenditures (a) In general Section 315(d)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d)(2) ) is amended to read as follows: (2) (A) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds $100,000,000. (B) For purposes of this paragraph— (i) any expenditure made by or on behalf of a national committee of a political party and in connection with a Presidential election shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party; and (ii) any communication made by or on behalf of such party shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party if any portion of the communication is in connection with such election. (C) Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. . (b) Conforming Amendments Relating to Timing of Cost-of-Living Adjustment (1) In general Section 315(c)(1) of such Act ( 52 U.S.C. 30116(c)(1) ) is amended— (A) in subparagraph (B), by striking (d) and inserting (d)(2) ; and (B) by adding at the end the following new subparagraph: (D) In any calendar year after 2028— (i) the dollar amount in subsection (d)(2) shall be increased by the percent difference determined under subparagraph (A); (ii) the amount so increased shall remain in effect for the calendar year; and (iii) if the amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. . (2) Base year Section 315(c)(2)(B) of such Act ( 52 U.S.C. 30116(c)(2)(B) ) is amended— (A) in clause (i)— (i) by striking (d) and inserting (d)(3) ; and (ii) 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 new clause: (iii) for purposes of subsection (d)(2), calendar year 2027. . 5215. Use of general election payments for general election legal and accounting compliance Section 9002(11) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: For purposes of subparagraph (A), an expense incurred by a candidate or authorized committee for general election legal and accounting compliance purposes shall be considered to be an expense to further the election of such candidate. . 3 Effective Date 5221. Effective date (a) In general Except as otherwise provided, this subtitle and the amendments made by this subtitle shall apply with respect to the Presidential election held in 2028 and each succeeding Presidential election, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this subtitle and the amendments made by this subtitle by the deadline set forth in subsection (b). (b) Deadline for regulations Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this subtitle and the amendments made by this subtitle. D Personal Use Services as Authorized Campaign Expenditures 5301. Short title; findings; purpose (a) Short title This subtitle may be cited as the Help America Run Act . (b) Findings Congress finds the following: (1) Everyday Americans experience barriers to entry before they can consider running for office to serve their communities. (2) Current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office, like childcare and food. While the law seems neutral, its actual effect is to privilege the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process, even if they have sufficient support to mount a viable campaign. (3) Thus current practice favors those prospective candidates who do not need to rely on a regular paycheck to make ends meet. The consequence is that everyday Americans who have firsthand knowledge of the importance of stable childcare, a safety net, or great public schools are less likely to get a seat at the table. This governance by the few is antithetical to the democratic experiment, but most importantly, when lawmakers do not share the concerns of everyday Americans, their policies reflect that. (4) These circumstances have contributed to a Congress that does not always reflect everyday Americans. The New York Times reported in 2019 that fewer than 5 percent of representatives cite blue-collar or service jobs in their biographies. A 2015 survey by the Center for Responsive Politics showed that the median net worth of lawmakers was just over $1 million in 2013, or 18 times the wealth of the typical American household. (5) These circumstances have also contributed to a governing body that does not reflect the nation it serves. For instance, women are 51 percent of the American population. Yet even with a record number of women serving in the One Hundred Sixteenth Congress, the Pew Research Center notes that more than three out of four Members of this Congress are male. The Center for American Women And Politics found that one third of women legislators surveyed had been actively discouraged from running for office, often by political professionals. This type of discouragement, combined with the prohibitions on using campaign funds for domestic needs like childcare, burdens that still fall disproportionately on American women, particularly disadvantages working mothers. These barriers may explain why only 10 women in history have given birth while serving in Congress, in spite of the prevalence of working parents in other professions. Yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most Americans. (6) Working mothers, those caring for their elderly parents, and young professionals who rely on their jobs for health insurance should have the freedom to run to serve the people of the United States. Their networks and net worth are simply not the best indicators of their strength as prospective public servants. In fact, helping ordinary Americans to run may create better policy for all Americans. (c) Purpose It is the purpose of this subtitle to ensure that all Americans who are otherwise qualified to serve this Nation are able to run for office, regardless of their economic status. By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one’s livelihood, the Help America Run Act will facilitate the candidacy of representatives who more accurately reflect the experiences, challenges, and ideals of everyday Americans. 5302. Treatment of payments for child care and other personal use services as authorized campaign expenditure (a) Personal use services as authorized campaign expenditure Section 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ) is amended by adding at the end the following new subsection: (d) Treatment of payments for child care and other personal use services as authorized campaign expenditure (1) Authorized expenditures For purposes of subsection (a), the payment by an authorized committee of a candidate for any of the personal use services described in paragraph (3) shall be treated as an authorized expenditure if the services are necessary to enable the participation of the candidate in campaign-connected activities. (2) Limitations (A) Limit on total amount of payments The total amount of payments made by an authorized committee of a candidate for personal use services described in paragraph (3) may not exceed the limit which is applicable under any law, rule, or regulation on the amount of payments which may be made by the committee for the salary of the candidate (without regard to whether or not the committee makes payments to the candidate for that purpose). (B) Corresponding reduction in amount of salary paid to candidate To the extent that an authorized committee of a candidate makes payments for the salary of the candidate, any limit on the amount of such payments which is applicable under any law, rule, or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (D) of such paragraph. (C) Exclusion of candidates who are officeholders Paragraph (1) does not apply with respect to an authorized committee of a candidate who is a holder of Federal office. (3) Personal use services described The personal use services described in this paragraph are as follows: (A) Child care services. (B) Elder care services. (C) Services similar to the services described in subparagraph (A) or subparagraph (B) which are provided on behalf of any dependent who is a qualifying relative under section 152 of the Internal Revenue Code of 1986. (D) Health insurance premiums. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. E Empowering Small Dollar Donations 5401. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts (a) Increase in Limit on Contributions to Candidates Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(2)(A) ) is amended by striking exceed $5,000 and inserting exceed $5,000 or, in the case of a contribution made by a national committee of a political party from an account described in paragraph (11), exceed $10,000 . (b) Elimination of Limit on Coordinated Expenditures Section 315(d)(5) of such Act ( 52 U.S.C. 30116(d)(5) ) is amended by striking subsection (a)(9) and inserting subsection (a)(9) or subsection (a)(11) . (c) Accounts Described Section 315(a) of such Act ( 52 U.S.C. 30116(a) ), as amended by section 4402(a), is amended by adding at the end the following new paragraph: (11) An account described in this paragraph is a separate, segregated account of a national committee of a political party (including a national congressional campaign committee of a political party) consisting exclusively of contributions made during a calendar year by individuals whose aggregate contributions to the committee during the year do not exceed $200. . (d) Effective Date The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act. F Severability 5501. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. VI Campaign Finance Oversight A Restoring Integrity to America’s Elections 6001. Short title This subtitle may be cited as the Restoring Integrity to America’s Elections Act . 6002. Membership of Federal Election Commission (a) Reduction in Number of Members; Removal of Secretary of Senate and Clerk of House as Ex Officio Members (1) In general; quorum Section 306(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(1) ) is amended— (A) by striking the second and third sentences and inserting the following: The Commission is composed of 5 members appointed by the President by and with the advice and consent of the Senate, of whom no more than 2 may be affiliated with the same political party. A member shall be treated as affiliated with a political party if the member was affiliated, including as a registered voter, employee, consultant, donor, officer, or attorney, with such political party or any of its candidates or elected public officials at any time during the 5-year period ending on the date on which such individual is nominated to be a member of the Commission. 3 members of the Commission shall constitute a quorum. ; (B) by inserting (A) after (1) ; and (C) by adding at the end the following new subparagraph: (B) An individual shall not be treated as affiliated with a political party under subparagraph (A) solely on the basis that the individual has made contributions or donations to a candidate or political committee affiliated with such political party unless such individual has, within the 5-year period ending on the date on which such individual is nominated to be a member of the Commission— (i) made one or more contributions in an amount equal to the maximum permitted by law at the time of the contribution to any individual candidate, political action committee, or party committee that is affiliated with such political party; or (ii) made 5 or more contributions in excess of $100 to any candidate, political action committee, or party committee that is affiliated with such political party. . (2) Conforming amendments relating to reduction in number of members (A) Section 306(c) of such Act ( 52 U.S.C. 30106(c) ) is amended by striking the period at the end of the first sentence and all that follows and inserting the following: , except that an affirmative vote of a majority of the members of the Commission who are serving at the time shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of section 307(a) or with chapter 95 or chapter 96 of the Internal Revenue Code of 1986. A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act . (B) Such Act is further amended by striking affirmative vote of 4 of its members and inserting affirmative vote of a majority of the members of the Commission who are serving at the time, provided a quorum is present in the following sections: (i) Section 309(a)(2) ( 52 U.S.C. 30109(a)(2) ). (ii) Section 309(a)(4)(A)(i) ( 52 U.S.C. 30109(a)(4)(A)(i) ). (iii) Section 309(a)(5)(C) ( 52 U.S.C. 30109(a)(5)(C) ). (iv) Section 309(a)(6)(A) ( 52 U.S.C. 30109(a)(6)(A) ). (v) Section 311(b) ( 52 U.S.C. 30111(b) ). (3) Conforming amendment relating to removal of ex officio members Section 306(a) of such Act ( 52 U.S.C. 30106(a) ) is amended by striking (other than the Secretary of the Senate and the Clerk of the House of Representatives) each place it appears in paragraphs (4) and (5). (b) Terms of Service Section 306(a)(2) of such Act ( 52 U.S.C. 30106(a)(2) ) is amended to read as follows: (2) Terms of service (A) In general Each member of the Commission shall serve for a single term of 6 years. (B) Special rule for initial appointments Of the members first appointed to serve terms that begin in January 2022, the President shall designate 2 to serve for a 3-year term. (C) No reappointment permitted An individual who served a term as a member of the Commission may not serve for an additional term, except that— (i) an individual who served a 3-year term under subparagraph (B) may also be appointed to serve a 6-year term under subparagraph (A); and (ii) for purposes of this subparagraph, an individual who is appointed to fill a vacancy under subparagraph (D) shall not be considered to have served a term if the portion of the unexpired term the individual fills is less than 50 percent of the period of the term. (D) Vacancies Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. Except as provided in subparagraph (C), an individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. (E) Limitation on service after expiration of term A member of the Commission may continue to serve on the Commission after the expiration of the member’s term for an additional period, but only until the earlier of— (i) the date on which the member’s successor has taken office as a member of the Commission; or (ii) the expiration of the 1-year period that begins on the last day of the member’s term. . (c) Qualifications Section 306(a)(3) of such Act ( 52 U.S.C. 30106(a)(3) ) is amended to read as follows: (3) Qualifications (A) In general The President may select an individual for service as a member of the Commission if the individual has experience in election law and has a demonstrated record of integrity, impartiality, and good judgment. (B) Assistance of Blue Ribbon Advisory Panel (i) In general Prior to the regularly scheduled expiration of the term of a member of the Commission and upon the occurrence of a vacancy in the membership of the Commission prior to the expiration of a term, the President shall convene a Blue Ribbon Advisory Panel that includes individuals representing each major political party and individuals who are independent of a political party and that consists of an odd number of individuals selected by the President from retired Federal judges, former law enforcement officials, or individuals with experience in election law, except that the President may not select any individual to serve on the panel who holds any public office at the time of selection. The President shall also make reasonable efforts to encourage racial, ethnic, and gender diversity on the panel. (ii) Recommendations With respect to each member of the Commission whose term is expiring or each vacancy in the membership of the Commission (as the case may be), the Blue Ribbon Advisory Panel shall recommend to the President at least one but not more than 3 individuals for nomination for appointment as a member of the Commission. (iii) Publication At the time the President submits to the Senate the nominations for individuals to be appointed as members of the Commission, the President shall publish the Blue Ribbon Advisory Panel’s recommendations for such nominations. (iv) Exemption from Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a Blue Ribbon Advisory Panel convened under this subparagraph. (C) Prohibiting engagement with other business or employment during service A member of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment. . 6003. Assignment of powers to Chair of Federal Election Commission (a) Appointment of Chair by President (1) In general Section 306(a)(5) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(5) ) is amended to read as follows: (5) Chair (A) Initial appointment Of the members first appointed to serve terms that begin in January 2022, one such member (as designated by the President at the time the President submits nominations to the Senate) shall serve as Chair of the Commission. (B) Subsequent appointments Any individual who is appointed to succeed the member who serves as Chair of the Commission for the term beginning in January 2022 (as well as any individual who is appointed to fill a vacancy if such member does not serve a full term as Chair) shall serve as Chair of the Commission. (C) Vice Chair The Commission shall select, by majority vote of its members, one of its members to serve as Vice Chair, who shall act as Chair in the absence or disability of the Chair or in the event of a vacancy in the position of Chair. . (2) Conforming amendment Section 309(a)(2) of such Act ( 52 U.S.C. 30109(a)(2) ) is amended by striking through its chairman or vice chairman and inserting through the Chair . (b) Powers (1) Assignment of certain powers to Chair Section 307(a) of such Act ( 52 U.S.C. 30107(a) ) is amended to read as follows: (a) Distribution of Powers Between Chair and Commission (1) Powers assigned to Chair (A) Administrative powers The Chair of the Commission shall be the chief administrative officer of the Commission and shall have the authority to administer the Commission and its staff, and (in consultation with the other members of the Commission) shall have the power— (i) to appoint and remove the staff director of the Commission; (ii) to request the assistance (including personnel and facilities) of other agencies and departments of the United States, whose heads may make such assistance available to the Commission with or without reimbursement; and (iii) to prepare and establish the budget of the Commission and to make budget requests to the President, the Director of the Office of Management and Budget, and Congress. (B) Other powers The Chair of the Commission shall have the power— (i) to appoint and remove the general counsel of the Commission with the concurrence of at least 2 other members of the Commission; (ii) to require by special or general orders, any person to submit, under oath, such written reports and answers to questions as the Chair may prescribe; (iii) to administer oaths or affirmations; (iv) to require by subpoena, signed by the Chair, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; (v) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Chair, and shall have the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under clause (iv); and (vi) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. (2) Powers assigned to Commission The Commission shall have the power— (A) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under section 309(a)(8) of this Act) or appeal (including a proceeding before the Supreme Court on certiorari) any civil action in the name of the Commission to enforce the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1986, through its general counsel; (B) to render advisory opinions under section 308 of this Act; (C) to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1986; (D) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities; and (E) to transmit to the President and Congress not later than June 1 of each year a report which states in detail the activities of the Commission in carrying out its duties under this Act, and which includes any recommendations for any legislative or other action the Commission considers appropriate. (3) Permitting Commission to exercise other powers of Chair With respect to any investigation, action, or proceeding, the Commission, by an affirmative vote of a majority of the members who are serving at the time, may exercise any of the powers of the Chair described in paragraph (1)(B). . (2) Conforming amendments relating to personnel authority Section 306(f) of such Act ( 52 U.S.C. 30106(f) ) is amended— (A) by striking the first sentence of paragraph (1) and inserting the following: The Commission shall have a staff director who shall be appointed by the Chair of the Commission in consultation with the other members and a general counsel who shall be appointed by the Chair with the concurrence of at least two other members. ; (B) in paragraph (2), by striking With the approval of the Commission and inserting With the approval of the Chair of the Commission ; and (C) by striking paragraph (3). (3) Conforming amendment relating to budget submission Section 307(d)(1) of such Act ( 52 U.S.C. 30107(d)(1) ) is amended by striking the Commission submits any budget and inserting the Chair (or, pursuant to subsection (a)(3), the Commission) submits any budget . (4) Other conforming amendments Section 306(c) of such Act ( 52 U.S.C. 30106(c) ) is amended by striking All decisions and inserting Subject to section 307(a), all decisions . (5) Technical amendment The heading of section 307 of such Act ( 52 U.S.C. 30107 ) is amended by striking the commission and inserting the chair and the commission . 6004. Revision to enforcement process (a) Standard for initiating investigations and determining whether violations have occurred (1) Revision of standards Section 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a) ) is amended by striking paragraphs (2) and (3) and inserting the following: (2) (A) The general counsel, upon receiving a complaint filed with the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission. (B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. (3) (A) Upon completion of an investigation under paragraph (2), the general counsel shall promptly submit to the Commission the general counsel’s recommendation that the Commission find either that there is probable cause or that there is not probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall include with the recommendation a brief stating the position of the general counsel on the legal and factual issues of the case. (B) At the time the general counsel submits to the Commission the recommendation under subparagraph (A), the general counsel shall simultaneously notify the respondent of such recommendation and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel shall promptly submit such brief to the Commission upon receipt. (C) Not later than 30 days after the general counsel submits the recommendation to the Commission under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), not later than 30 days after the general counsel submits the respondent’s brief to the Commission under such subparagraph), the Commission shall approve or disapprove the recommendation by vote of a majority of the members of the Commission who are serving at the time. . (2) Conforming amendment relating to Initial response to filing of complaint Section 309(a)(1) of such Act ( 52 U.S.C. 30109(a)(1) ) is amended— (A) in the third sentence, by striking the Commission and inserting the general counsel ; and (B) by amending the fourth sentence to read as follows: Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint. . (b) Revision of standard for review of dismissal of complaints (1) In general Section 309(a)(8) of such Act ( 52 U.S.C. 30109(a)(8) ) is amended to read as follows: (8) (A) (i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. (ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. (B) (i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to act on such complaint, may file a petition with the United States District Court for the District of Columbia. (ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s failure to act on the complaint is contrary to law. (C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint. . (2) Effective date The amendments made by paragraph (1) shall apply— (A) in the case of complaints which are dismissed by the Federal Election Commission, with respect to complaints which are dismissed on or after the date of the enactment of this Act; and (B) in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after the date of the enactment of this Act. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests (a) In general Section 308 of such Act ( 52 U.S.C. 30108 ) is amended by adding at the end the following new subsection: (e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection (d) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request. . (b) Effective da te The amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act. 6006. Permanent extension of administrative penalty authority (a) Extension of authority Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a)(4)(C)(v) ) is amended by striking , and that end on or before December 31, 2023 . (b) Effective date The amendment made by subsection (a) shall take effect on December 31, 2021. 6007. Restrictions on ex parte communications Section 306(e) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(e) ) is amended— (1) by striking (e) The Commission and inserting (e)(1) The Commission ; and (2) by adding at the end the following new paragraph: (2) Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph. . 6008. Clarifying authority of FEC attorneys to represent FEC in Supreme Court (a) Clarifying authority Section 306(f)(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(f)(4) ) is amended by striking any action instituted under this Act, either (A) by attorneys and inserting any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys . (b) Effective date The amendment made by paragraph (1) shall apply with respect to actions instituted before, on, or after the date of the enactment of this Act. 6009. Requiring forms to permit use of accent marks (a) Requirement Section 311(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30111(a)(1) ) is amended by striking the semicolon at the end and inserting the following: , and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person’s identification; . (b) Effective date The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act. 6010. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971 (a) Civil offenses Section 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a) ) is amended by inserting after paragraph (9) the following new paragraph: (10) No person shall be subject to a civil penalty under this subsection with respect to a violation of this Act unless a complaint is filed with the Commission with respect to the violation under paragraph (1), or the Commission responds to information with respect to the violation which is ascertained in the normal course of carrying out its supervisory responsibilities under paragraph (2), not later than 10 years after the date on which the violation occurred. . (b) Criminal offenses Section 406(a) of such Act ( 52 U.S.C. 30145(a) ) is amended by striking 5 years and inserting 10 years . (c) Effective date The amendments made by this section shall apply with respect to violations occurring on or after the date of enactment of this Act. 6011. Effective date; transition (a) In General Except as otherwise provided, the amendments made by this subtitle shall apply beginning January 1, 2022. (b) Transition (1) Termination of service of current members Notwithstanding any provision of the Federal Election Campaign Act of 1971, the term of any individual serving as a member of the Federal Election Commission as of December 31, 2021, shall expire on that date. (2) No effect on existing cases or proceedings Nothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Commission prior to December 31, 2021, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date. B Stopping Super PAC–Candidate Coordination 6101. Short title This subtitle may be cited as the Stop Super PAC–Candidate Coordination Act . 6102. Clarification of treatment of coordinated expenditures as contributions to candidates (a) Treatment as contribution to candidate Section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) ) is amended— (1) by striking or at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ; or ; and (3) by adding at the end the following new clause: (iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 326) which is not otherwise treated as a contribution under clause (i) or clause (ii). . (b) Definitions Title III of such Act ( 52 U.S.C. 30101 et seq.), as amended by section 4421 and section 4802(a), is amended by adding at the end the following new section: 327. Payments for coordinated expenditures (a) Coordinated expenditures (1) In general For purposes of section 301(8)(A)(iii), the term coordinated expenditure means— (A) any expenditure, or any payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or (B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material). (2) Exception for payments for certain communications A payment for a communication (including a covered communication described in subsection (d)) shall not be treated as a coordinated expenditure under this subsection if— (A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or (B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. (b) Coordination described (1) In general For purposes of this section, a payment is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. (2) No finding of coordination based solely on sharing of information regarding legislative or policy position For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities. (3) No effect on party coordination standard Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). (4) No safe harbor for use of firewall A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. (c) Payments by coordinated spenders for covered communications (1) Payments made in cooperation, consultation, or concert with candidates For purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (d), is a coordinated spender under paragraph (2) with respect to the candidate as described in subsection (d)(1), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. (2) Coordinated spender defined For purposes of this subsection, the term coordinated spender means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: (A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. (B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term election cycle means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). (C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period). (D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. For purposes of this subparagraph, the term professional services includes any services in support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. (E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate’s campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term immediate family has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. (d) Covered communication defined (1) In general For purposes of this section, the term covered communication means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which— (A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); (B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. (2) Applicable election period In paragraph (1)(C), the applicable election period with respect to a communication means— (A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or (B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. (3) Special rules for communications involving congressional candidates For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. (e) Penalty (1) Determination of amount Any person who knowingly and willfully commits a violation of this Act by making a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of— (A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or (B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure. (2) Joint and several liability Any director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission’s action, whichever is later. . (c) Effective date (1) Repeal of existing regulations on coordination Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act— (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth under the heading Coordination in subpart C of part 109 of title 11, Code of Federal Regulations) are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. 6103. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders (a) In General Section 323(e)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30125(e)(1) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 which accepts such donations or contributions (other than a committee of a State or local political party or a candidate for election for State or local office). . (b) Effective Date The amendment made by subsection (a) shall apply with respect to elections occurring after January 1, 2022. C Disposal of Contributions or Donations 6201. Timeframe for and prioritization of disposal of contributions or donations Section 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ), as amended by section 5113 and section 5302, is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following new subsection: (c) Disposal (1) Timeframe Contributions or donations described in subsection (a) may only be used— (A) in the case of an individual who is not a candidate with respect to an election for any Federal office for a 6-year period beginning on the day after the date of the most recent such election in which the individual was a candidate for any such office, during such 6-year period; (B) in the case of an individual who becomes a registered lobbyist under the Lobbying Disclosure Act of 1995, before the date on which such individual becomes such a registered lobbyist; or (C) in the case of an individual who becomes an agent of a foreign principal that would require registration under section 2 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 612 ), before the date on which such individual becomes such an agent of a foreign principal. (2) Means of disposal; prioritization Beginning on the date the 6-year period described in subparagraph (A) of paragraph (1) ends (or, in the case of an individual described in subparagraph (B) of such paragraph, the date on which the individual becomes a registered lobbyist under the Lobbying Disclosure Act of 1995, or, in the case of an individual described in subparagraph (C) of such paragraph, the date on which the individual becomes a registered agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended), contributions or donations that remain available to an individual described in such paragraph shall be disposed of, not later than 30 days after such date, as follows: (A) First, to pay any debts or obligations owed in connection with the campaign for election for Federal office of the individual. (B) Second, to the extent such contribution or donations remain available after the application of subparagraph (A), through any of the following means of disposal (or a combination thereof), in any order the individual considers appropriate: (i) Returning such contributions or donations to the individuals, entities, or both, who made such contributions or donations. (ii) Making contributions to an organization described in section 170(c) of the Internal Revenue Code of 1986. (iii) Making transfers to a national, State, or local committee of a political party. . 6202. 1-year transition period for certain individuals (a) In general In the case of an individual described in subsection (b), any contributions or donations remaining available to the individual shall be disposed of— (1) not later than one year after the date of the enactment of this section; and (2) in accordance with the prioritization specified in subparagraphs (A) through (D) of subsection (c)(2) of section 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ), as amended by section 6201. (b) Individuals described An individual described in this subsection is an individual who, as of the date of the enactment of this section— (1) (A) is not a candidate with respect to an election for any Federal office for a period of not less than 6 years beginning on the day after the date of the most recent such election in which the individual was a candidate for any such office; or (B) is an individual who becomes a registered lobbyist under the Lobbying Disclosure Act of 1995; and (2) would be in violation of subsection (c) of section 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ), as amended by section 6201. D Recommendations to Ensure Filing of Reports Before Date of Election 6301. Recommendations to ensure filing of reports before date of election Not later than 180 days after the date of the enactment of this Act, the Federal Election Commission shall submit a report to Congress providing recommendations, including recommendations for changes to existing law, on how to ensure that each political committee under the Federal Election Campaign Act of 1971, including a committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of such Act, will file a report under section 304 of such Act prior to the date of the election for which the committee receives contributions or makes disbursements, without regard to the date on which the committee first registered under such Act, and shall include specific recommendations to ensure that such committees will not delay until after the date of the election the reporting of the identification of persons making contributions that will be used to repay debt incurred by the committee. E Severability 6401. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. C Ethics VII Ethical Standards A Supreme Court Ethics 7001. Code of conduct for Federal judges (a) In general Chapter 57 of title 28, United States Code, is amended by adding at the end the following: 964. Code of conduct Not later than 1 year after the date of the enactment of this section, the Judicial Conference shall issue a code of conduct, which applies to each justice and judge of the United States, except that the code of conduct may include provisions that are applicable only to certain categories of judges or justices. . (b) Clerical amendment The table of sections for chapter 57 of title 28, United States Code, is amended by adding after the item related to section 963 the following: 964. Code of conduct. . B Foreign Agents Registration 7101. Establishment of FARA investigation and enforcement unit within Department of Justice Section 8 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 618 ) is amended by adding at the end the following new subsection: (i) Dedicated enforcement unit (1) Establishment Not later than 180 days after the date of enactment of this subsection, the Attorney General shall establish a unit within the counterespionage section of the National Security Division of the Department of Justice with responsibility for the enforcement of this Act. (2) Powers The unit established under this subsection is authorized to— (A) take appropriate legal action against individuals suspected of violating this Act; and (B) coordinate any such legal action with the United States Attorney for the relevant jurisdiction. (3) Consultation In operating the unit established under this subsection, the Attorney General shall, as appropriate, consult with the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State. (4) Authorization of appropriations There are authorized to be appropriated to carry out the activities of the unit established under this subsection $10,000,000 for fiscal year 2021 and each succeeding fiscal year. . 7102. Authority to impose civil money penalties (a) Establishing authority Section 8 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 618 ), is amended by inserting after subsection (c) the following: (d) Civil money penalties (1) Registration statements A person who fails to file timely, or to complete, a registration statement in accordance with section 2(a) shall be subject to a civil money penalty of not more than $10,000 per violation. (2) Supplements A person who fails to file timely, or to complete, any supplement in accordance with section 2(b) shall be subject to a civil money penalty of not more than $1,000 per violation. (3) Other violations (A) Definition of covered person In this paragraph, the term covered person means a person that knowingly fails— (i) to remedy a defective filing by the date that is 60 days after the date of receipt of a notice from the Attorney General describing the defect; or (ii) to comply with any other applicable provision of this Act. (B) Penalty On proof, by a preponderance of the evidence, of a knowing failure described in subparagraph (A), the applicable covered person shall be subject to a civil money penalty of not more than $200,000, as determined based on the extent and gravity of the failure. (4) No fines paid by foreign principals A civil money penalty under paragraph (1), (2), or (3) may not be paid, directly or indirectly, by a foreign principal. (5) Use of fines All civil money penalties collected under this subsection shall be used to pay the costs of the enforcement unit established under subsection (i)(1). . (b) Effective date The amendment made by subsection (a) shall take effect on the date of enactment of this Act. 7103. Disclosure of transactions involving things of financial value conferred on officeholders (a) Requiring agents To disclose known transactions (1) In general Section 2(a) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 612(a) ) is amended— (A) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12); and (B) by inserting after paragraph (9) the following new paragraph: (10) To the extent that the registrant has knowledge of any transaction which occurred in the preceding 60 days and in which the foreign principal for whom the registrant is acting as an agent conferred on a Federal or State officeholder any thing of financial value, including a gift, profit, salary, favorable regulatory treatment, or any other direct or indirect economic or financial benefit, a detailed statement describing each such transaction. . (2) Effective date The amendments made by paragraph (1) shall apply with respect to statements filed on or after the expiration of the 90-day period which begins on the date of the enactment of this Act. (b) Supplemental disclosure for current registrants Not later than the expiration of the 90-day period which begins on the date of the enactment of this Act, each registrant who (prior to the expiration of such period) filed a registration statement with the Attorney General under section 2(a) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 612(a) ) and who has knowledge of any transaction described in paragraph (10) of section 2(a) of such Act (as added by subsection (a)(1)) which occurred at any time during which the registrant was an agent of the foreign principal involved, shall file with the Attorney General a supplement to such statement under oath, on a form prescribed by the Attorney General, containing a detailed statement describing each such transaction. 7104. Ensuring online access to registration statements (a) Digitized format required Section 2(g) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 612(g) ), is amended by striking in electronic form and inserting in a digitized format in order to enable the Attorney General to meet the requirements of section 6(d)(1) . (b) Requirements for electronic database of registration statements and updates Section 6(d)(1) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 616(d)(1) ), is amended— (1) in the matter preceding subparagraph (A), by striking to the extent technically practicable, ; and (2) in subparagraph (A), by inserting , in a digitized format, after includes . (c) Effective date The amendments made by this section shall apply with respect to statements, supplements, and amendments filed under section 2 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 612 ), on or after the date that is 180 days after the date of enactment of this Act. C Lobbying Disclosure Reform 7201. Expanding scope of individuals and activities subject to requirements of Lobbying Disclosure Act of 1995 (a) Treatment of counseling services in support of lobbying contacts as lobbying activity Section 3(7) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(7) ) is amended— (1) by striking efforts and inserting any efforts ; and (2) by striking research and other background work and inserting the following: counseling in support of such preparation and planning activities, research, and other background work . (b) Treatment of lobbying contact made with support of counseling services as lobbying contact made by individual providing services Section 3(8) of such Act ( 2 U.S.C. 1602(8) ) is amended by adding at the end the following new subparagraph: (C) Treatment of providers of counseling services Any individual, with authority to direct or substantially influence a lobbying contact or contacts made by another individual, and for financial or other compensation provides counseling services in support of preparation and planning activities which are treated as lobbying activities under paragraph (7) for that other individual’s lobbying contact or contacts and who has knowledge that the specific lobbying contact or contacts were made, shall be considered to have made the same lobbying contact at the same time and in the same manner to the covered executive branch official or covered legislative branch official involved. . (c) Effective date The amendments made by this section shall apply with respect to lobbying contacts made on or after the date of the enactment of this Act. 7202. Requiring lobbyists to disclose status as lobbyists upon making any lobbying contacts (a) Mandatory disclosure at time of contact Section 14 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1609 ) is amended— (1) by striking subsections (a) and (b) and inserting the following: (a) Requiring identification at time of lobbying contact Any person or entity that makes a lobbying contact with a covered legislative branch official or a covered executive branch official shall, at the time of the lobbying contact— (1) indicate whether the person or entity is registered under this chapter and identify the client on whose behalf the lobbying contact is made; and (2) indicate whether such client is a foreign entity and identify any foreign entity required to be disclosed under section 4(b)(4) that has a direct interest in the outcome of the lobbying activity. ; and (2) by redesignating subsection (c) as subsection (b). (b) Effective date The amendment made by subsection (a) shall apply with respect to lobbying contacts made on or after the date of the enactment of this Act. D Recusal of Presidential Appointees 7301. Recusal of appointees Section 208 of title 18, United States Code, is amended by adding at the end the following: (e) (1) Any officer or employee appointed by the President, other than an officer or employee who serves in the Executive Office of the President, shall recuse himself or herself from any particular matter involving specific parties in which a party to that matter is— (A) the President who appointed the officer or employee, which— (i) shall include a party that is an entity in which the President has a substantial interest; and (ii) shall not include a particular matter in which— (I) the President is a party to litigation in his or her official capacity; or (II) the outcome of the particular matter would have a direct bearing on the President’s ability to carry out his or her constitutional duties; or (B) the spouse of the President who appointed the officer or employee, which shall include a party that is an entity in which the spouse of the President has a substantial interest. (2) (A) (i) Subject to subparagraph (B), if an officer or employee is recused under paragraph (1), a career appointee in the agency of the officer or employee shall perform the functions and duties of the officer or employee with respect to the matter. (ii) The most senior career appointee in the agency, or component of the agency if applicable, of an officer or employee recused under paragraph (1) (or the designee of such career appointee) shall perform the functions and duties of the recused officer or employee, and such career appointee shall perform those functions and duties until the particular matter concludes, unless the head of the agency determines in writing that good cause exists to reassign those functions and duties to a different career appointee. (B) (i) In this subparagraph, the term Commission means a board, commission, or other agency for which the authority of the agency is vested in more than 1 member. (ii) If the recusal of a member of a Commission from a matter under paragraph (1) would result in there not being a statutorily required quorum of members of the Commission available to participate in the matter, notwithstanding such statute or any other provision of law, the members of the Commission not recused under paragraph (1) may— (I) consider the matter without regard to the quorum requirement under such statute; (II) delegate the authorities and responsibilities of the Commission with respect to the matter to a subcommittee of the Commission; or (III) designate an officer or employee of the Commission who was not appointed by the President who appointed the member of the Commission recused from the matter to exercise the authorities and duties of the recused member with respect to the matter. (3) Any officer or employee who violates paragraph (1) shall be subject to the penalties set forth in section 216. (f) For purposes of this section, the term particular matter shall have the meaning given the term in section 207(i). . E Clearinghouse on Lobbying Information 7401. Establishment of clearinghouse (a) Establishment The Attorney General shall establish and operate within the Department of Justice a clearinghouse through which members of the public may obtain copies (including in electronic form) of registration statements filed under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.) and the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq.). (b) Format The Attorney General shall ensure that the information in the clearinghouse established under this section is maintained in a searchable and sortable format. (c) Agreements with Clerk of House and Secretary of the Senate The Attorney General shall enter into such agreements with the Clerk of the House of Representatives and the Secretary of the Senate as may be necessary for the Attorney General to obtain registration statements filed with the Clerk and the Secretary under the Lobbying Disclosure Act of 1995 for inclusion in the clearinghouse. F Foreign lobbying 7501. Prohibition on foreign lobbying (a) In general The Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.) is amended— (1) by redesignating section 26 ( 2 U.S.C. 1614 ) as section 27; and (2) by inserting after section 25 ( 2 U.S.C. 1613 ) the following: 26. Prohibition on foreign lobbying (a) Definition In this section— (1) the term covered lobbyist means— (A) a lobbyist that is registered or is required to register under section 4(a)(1); (B) an organization that employs 1 or more lobbyists and is registered, or is required to register, under section 4(a)(2); and (C) an employee listed or required to be listed as a lobbyist by a registrant under section 4(b)(6) or 5(b)(2)(C); and (2) the terms information-service employee , public-relations counsel , and publicity agent have the meanings given those terms in section 1 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 ). (b) Prohibition Except as provided in subsection (c), a covered lobbyist may not accept financial or other compensation for services that include lobbying activities on behalf of a foreign entity. (c) Exemptions The prohibition under subsection (b) shall not apply the following covered lobbyists: (1) Diplomatic or consular officers A duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, while the officer is engaged exclusively in activities that are recognized by the Department of State as being within the scope of the functions of the officer. (2) Officials of foreign governments An official of a foreign government, if that government is recognized by the United States, who is not a public-relations counsel, a publicity agent, or an information-service employee, or a citizen of the United States, whose name and status and the character of whose duties as an official are of public record in the Department of State, while said official is engaged exclusively in activities that are recognized by the Department of State as being within the scope of the functions of the official. (3) Staff members of diplomatic or consular officers A member of the staff of, or any person employed by, a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, other than a public-relations counsel, a publicity agent, or an information-service employee, whose name and status and the character of whose duties as such member or employee are of public record in the Department of State, while the member or employee is engaged exclusively in the performance of activities that are recognized by the Department of State as being within the scope of the functions of the member or employee. (4) Persons engaging or agreeing to engage in the soliciting or collecting of funds for humanitarian relief A person engaging or agreeing to engage only in the soliciting or collecting of funds and contributions within the United States to be used only for medical aid and assistance, or for food and clothing to relieve human suffering, if the solicitation or collection of funds and contributions is in accordance with, and subject to, the provisions of the Neutrality Act of 1939 ( 22 U.S.C. 441 et seq.), and such rules and regulations as may be prescribed thereunder. (5) Certain persons qualified to practice law (A) In general A person qualified to practice law, insofar as the person engages, or agrees to engage in, the legal representation of a disclosed foreign entity before any court of law or any agency of the Government of the United States. (B) Legal representation For the purpose of this paragraph, legal representation does not include any attempt to influence or persuade agency personnel or officials other than in the course of— (i) a judicial proceeding; (ii) a criminal or civil law enforcement inquiry, investigation, or proceeding; or (iii) an agency proceeding required by statute or regulation to be conducted on the record. (d) Penalties Any person who knowingly violates this section shall be fined not more than $200,000, imprisoned for not more than 5 years, or both, and any compensation received for engaging in the unlawful activity shall be subject to disgorgement. . (b) Conforming amendment Section 7 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1606 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking Whoever and inserting Except as otherwise provided in this Act, whoever ; and (2) in subsection (b), by striking Whoever and inserting Except as otherwise provided in this Act, whoever . G Severability 7601. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. VIII Ethics Reforms for the President, Vice President, and Federal Officers and Employees A Executive Branch Conflict of Interest 8001. Short title This subtitle may be cited as the Executive Branch Conflict of Interest Act . 8002. Restrictions on private sector payment for government service Section 209 of title 18, United States Code, is amended— (1) in subsection (a), (A) by striking any salary and inserting any salary (including a bonus) ; and (B) by striking as compensation for his services and inserting at any time, as compensation for serving ; and (2) in subsection (b)— (A) by inserting (1) after (b) ; and (B) by adding at the end the following: (2) For purposes of paragraph (1), a pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan that makes payment of any portion of compensation contingent on accepting a position in the United States Government shall not be considered bona fide. . 8003. Requirements relating to slowing revolving door The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: VI Enhanced requirements for certain employees 601. Definitions In this title: (1) Covered agency (A) In general The term covered agency means— (i) an Executive agency (as defined in section 105 of title 5, United States Code); (ii) the Postal Service; and (iii) the Postal Rate Commission. (B) Inclusion The term covered agency includes the Executive Office of the President. (C) Exclusions The term covered agency does not include— (i) the Government Accountability Office; or (ii) the government of the District of Columbia. (2) Covered employee The term covered employee means an officer or employee referred to in subsection (c)(2) or (d)(1) of section 207 of title 18, United States Code. (3) Director The term Director means the Director of the Office of Government Ethics. (4) Executive branch The term executive branch has the meaning given the term in section 109. (5) Former client (A) In general The term former client , with respect to a covered employee, means a person for whom the covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the day before the date on which the covered employee begins service in the Federal Government. (B) Exclusions The term former client does not include— (i) an entity in the Federal Government, including an executive branch agency; (ii) a State or local government; (iii) the District of Columbia; (iv) an Indian Tribe included on the list published under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ); or (v) the government of a territory or possession of the United States. (6) Former employer (A) In general The term former employer , with respect to a covered employee, means a person for whom the covered employee served as an employee, officer, director, trustee, agent, attorney, consultant, or contractor during the 2-year period ending on the day before the date on which the covered employee begins service in the Federal Government. (B) Exclusions The term former employer does not include— (i) an entity in the Federal Government, including an executive branch agency; (ii) a State or local government; (iii) the District of Columbia; (iv) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); or (v) the government of a territory or possession of the United States. (7) Particular matter The term particular matter has the meaning given the term in section 207(i) of title 18, United States Code. 602. Conflict of interest and eligibility standards (a) Prohibition (1) In general A covered employee may not participate personally and substantially in any particular matter involving specific parties by which the covered employee knows that a material financial interest of a former employer or former client will be directly and predictably affected. (2) Exemptions (A) Regulations The Director shall publish in the Federal Register regulations applicable to all or a portion of covered employees providing exemptions to the prohibition under paragraph (1). (B) Inclusion The regulations under subparagraph (A) shall include an exemption for any covered employee in a case in which a particular matter involves a financial interest described in paragraph (1) that is too remote or too inconsequential to affect the integrity of the services provided by the covered employee. (b) Waivers (1) In general (A) Covered agency heads With respect to a head of a covered agency who is a covered employee, the designated agency ethics official for the Executive Office of the President, in consultation with the Director, may grant a written waiver of the prohibition under subsection (a) before the covered agency head engages in an action otherwise prohibited by that subsection, if the designated agency ethics official determines and certifies in writing that, in consideration of all relevant circumstances, the interest of the Federal Government in the participation of the covered agency head outweighs the concern that a reasonable person may question the integrity of the programs or operations of the covered agency. (B) Other covered employees With respect to any covered employee not described in subparagraph (A), the head of the covered agency employing the covered employee, in consultation with the Director, may grant a written waiver of the prohibition under subsection (a) before the covered employee engages in an action otherwise prohibited by that subsection, if the head of the covered agency determines and certifies in writing that, in consideration of all relevant circumstances, the interest of the Federal Government in the participation of the covered employee outweighs the concern that a reasonable person may question the integrity of the programs or operations of the covered agency. (2) Notice and publication For any waiver granted under paragraph (1), the individual who granted the waiver shall— (A) not later than 48 hours after the waiver is granted, submit to the Director a copy of the waiver; and (B) not later than 30 calendar days after the date on which the waiver is granted, publish the waiver on the website of the applicable covered agency. (3) Directorial review On receipt of a written waiver under paragraph (2)(A), the Director shall— (A) review the waiver to determine whether the Director has any objection to the issuance of the waiver; and (B) if the Director has an objection described in subparagraph (A)— (i) provide reasons for the objection, in writing, to the head of the covered agency who granted the waiver by not later than 15 calendar days after the date on which the waiver was granted; and (ii) publish the objection on the website of the Office of Government Ethics by not later than 30 calendar days after the date on which the waiver was granted. 603. Enforcement (a) Criminal penalties (1) In general Any person who violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. (2) Willful violations Any person who willfully violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (b) Civil enforcement (1) In general The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. (2) Civil penalty (A) In general If the court finds, by a preponderance of the evidence, that a person violated section 602, the court shall impose against the person a civil penalty of not more than the greater of— (i) $100,000 for each violation; and (ii) the amount of compensation the person received or was offered for the conduct constituting the violation. (B) Treatment A civil penalty under this subsection may be in addition to any other criminal or civil statutory, common law, or administrative remedy available to— (i) the United States; or (ii) any other person. (3) Injunctive relief (A) In general In a civil action brought against a person under paragraph (1), the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602. (B) Standard The court may issue an order under subparagraph (A) if the court finds, by a preponderance of the evidence, that the conduct of the person violates section 602. (C) Treatment The filing of a petition seeking injunctive relief under this paragraph shall not preclude any other remedy available by law to— (i) the United States; or (ii) any other person. . 8004. Prohibition of procurement officers accepting employment from government contractors (a) Expansion of prohibition on acceptance by former officials of compensation from contractors Section 2104 of title 41, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking or consultant and inserting attorney, consultant, subcontractor, or lobbyist ; and (ii) by striking one year and inserting 2 years ; and (B) in paragraph (3), by striking personally made for the Federal agency and inserting participated personally and substantially in ; and (2) by striking subsection (b) and inserting the following: (b) Prohibition on compensation from affiliates and subcontractors A former official responsible for a Government contract referred to in paragraph (1), (2), or (3) of subsection (a) may not accept compensation for 2 years after awarding the contract from any division, affiliate, or subcontractor of the contractor. . (b) Requirement for procurement officers To disclose job offers made to relatives Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after that official the following: , or for a relative (as defined in section 3110 of title 5) of that official, . (c) Requirement on award of government contracts to former employers (1) In general Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: 2108. Prohibition on involvement by certain former contractor employees in procurements An employee of the Federal Government may not participate personally and substantially in any award of a contract to, or the administration of a contract awarded to, a contractor that is a former employer of the employee during the 2-year period beginning on the date on which the employee leaves the employment of the contractor. . (2) Technical and conforming amendment The table of sections for chapter 21 of title 41, United States Code, is amended by adding at the end the following new item: 2108. Prohibition on involvement by certain former contractor employees in procurements. . (d) Regulations The Director of the Office of Government Ethics, in consultation with the Administrator of General Services, shall promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section. (e) Monitoring and compliance The Administrator of General Services, in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.)), shall monitor compliance with chapter 21 of title 41, United States Code, as amended by this section, by individuals and agencies. 8005. Revolving door restrictions on employees moving into the private sector (a) In general Subsection (c) of section 207 of title 18, United States Code, is amended— (1) in the subsection heading, by striking One-year and inserting Two-year ; (2) in paragraph (1)— (A) by striking 1 year in each instance and inserting 2 years ; and (B) by inserting , or conducts any lobbying activity to facilitate any communication to or appearance before, after any communication to or appearance before ; and (3) in paragraph (2)(B), by striking 1-year and inserting 2-year . (b) Application The amendments made by subsection (a) shall apply to any individual covered by subsection (c) of section 207 of title 18, United States Code, separating from the civil service on or after the date of enactment of this Act. 8006. Guidance on unpaid employees (a) In general Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall issue guidance on ethical standards applicable to unpaid employees of an agency. (b) Definitions In this section— (1) the term agency includes the Executive Office of the President and the White House; and (2) the term unpaid employee includes any individual occupying a position at an agency and who is unpaid by operation of section 3110 of title 5, United States Code, or any other provision of law, but does not include any employee who is unpaid due to a lapse in appropriations. 8007. Limitation on use of Federal funds and contracting at businesses owned by certain Government officers and employees (a) Limitation on Federal funds Beginning in fiscal year 2022 and in each fiscal year thereafter, no Federal funds may be obligated or expended for purposes of procuring goods or services at any business owned or controlled by a covered individual or any family member of such an individual, unless such obligation or expenditure of funds is authorized under the Presidential Protection Assistance Act of 1976 ( 18 U.S.C. 3056 note). (b) Prohibition on contracts No Executive agency may enter into or hold a contract with a business owned or controlled by a covered individual or any family member of such an individual. (c) Determination of ownership For purposes of this section, a business shall be deemed to be owned or controlled by a covered individual or any family member of such an individual if the covered individual or member of family (as the case may be)— (1) is a member of the board of directors or similar governing body of the business; (2) directly or indirectly owns or controls more than 50 percent of the voting shares of the business; or (3) is the beneficiary of a trust which owns or controls more than 50 percent of the business and can direct distributions under the terms of the trust. (d) Definitions In this section: (1) Covered individual The term covered individual means— (A) the President; (B) the Vice President; (C) the head of any Executive department (as that term is defined in section 101 of title 5, United States Code); and (D) any individual occupying a position designated by the President as a Cabinet-level position. (2) Executive agency The term Executive agency has the meaning given that term in section 105 of title 5, United States Code. (3) Family member The term family member means an individual with any of the following relationships to a covered individual: (A) Spouse, and parents thereof. (B) Sons and daughters, and spouses thereof. (C) Parents, and spouses thereof. (D) Brothers and sisters, and spouses thereof. (E) Grandparents and grandchildren, and spouses thereof. (F) Domestic partner and parents thereof, including domestic partners of any individual in subparagraphs (A) through (E). B Presidential Conflicts of Interest 8011. Short title This subtitle may be cited as the Presidential Conflicts of Interest Act of 2021 . 8012. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest (a) In general The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding after title VI (as added by section 8003) the following: VII Divestiture of Financial Conflicts of Interests of the President and Vice President 701. Divestiture of financial interests posing a conflict of interest (a) Applicability to the president and vice president The President and Vice President shall, within 30 days of assuming office, divest of all financial interests that pose a conflict of interest because the President or Vice President, the spouse, dependent child, or general partner of the President or Vice President, or any person or organization with whom the President or Vice President is negotiating or has any arrangement concerning prospective employment, has a financial interest, by— (1) converting each such interest to cash or other investment that meets the criteria established by the Director of the Office of Government Ethics through regulation as being an interest so remote or inconsequential as not to pose a conflict; or (2) placing each such interest in a qualified blind trust as defined in section 102(f)(3) or a diversified trust under section 102(f)(4)(B). (b) Disclosure exemption Subsection (a) shall not apply if the President or Vice President complies with section 102. . (b) Additional disclosures Section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (9) With respect to any such report filed by the President or Vice President, for any corporation, company, firm, partnership, or other business enterprise in which the President, Vice President, or the spouse or dependent child of the President or Vice President, has a significant financial interest— (A) the name of each other person who holds a significant financial interest in the firm, partnership, association, corporation, or other entity; (B) the value, identity, and category of each liability in excess of $10,000; and (C) a description of the nature and value of any assets with a value of $10,000 or more. . (c) Regulations Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall promulgate regulations to define the criteria required by section 701(a)(1) of the Ethics in Government Act of 1978 (as added by subsection (a)) and the term significant financial interest for purposes of section 102(a)(9) of the Ethics in Government Act (as added by subsection (b)). 8013. Initial financial disclosure Subsection (a) of section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking position and adding at the end the following: position, with the exception of the President and Vice President, who must file a new report. . 8014. Contracts by the President or Vice President (a) Amendment Section 431 of title 18, United States Code, is amended— (1) in the section heading, by inserting the President, Vice President, Cabinet Member, or a after Contracts by ; and (2) in the first undesignated paragraph, by inserting the President, Vice President, or any Cabinet member after Whoever, being . (b) Table of sections amendment The table of sections for chapter 23 of title 18, United States Code, is amended by striking the item relating to section 431 and inserting the following: 431. Contracts by the President, Vice President, Cabinet Member, or a Member of Congress. . 8015. Legal Defense Funds (a) Definitions In this section— (1) the term Director means the Director of the Office of Government Ethics; (2) the term legal defense fund means a trust— (A) that has only one beneficiary; (B) that is subject to a trust agreement creating an enforceable fiduciary duty on the part of the trustee to the beneficiary, pursuant to the applicable law of the jurisdiction in which the trust is established; (C) that is subject to a trust agreement that provides for the mandatory public disclosure of all donations and disbursements; (D) that is subject to a trust agreement that prohibits the use of its resources for any purpose other than— (i) the administration of the trust; (ii) the payment or reimbursement of legal fees or expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of service by the trust’s beneficiary as an officer or employee, as defined in this section, or as an employee, contractor, consultant or volunteer of the campaign of the President or Vice President; or (iii) the distribution of unused resources to a charity selected by the trustee that has not been selected or recommended by the beneficiary of the trust; (E) that is subject to a trust agreement that prohibits the use of its resources for any other purpose or personal legal matters, including tax planning, personal injury litigation, protection of property rights, divorces, or estate probate; and (F) that is subject to a trust agreement that prohibits the acceptance of donations, except in accordance with this section and the regulations of the Office of Government Ethics; (3) the term officer or employee means— (A) an officer (as that term is defined in section 2104 of title 5, United States Code) or employee (as that term is defined in section 2105 of such title) of the executive branch of the Government; (B) the Vice President; and (C) the President; and (4) the term relative has the meaning given that term in section 3110 of title 5, United States Code. (b) Legal defense funds An officer or employee may not accept or use any gift or donation for the payment or reimbursement of legal fees or expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of the officer or employee’s service as an officer or employee, as defined in this section, or as an employee, contractor, consultant or volunteer of the campaign of the President or Vice President except through a legal defense fund that is certified by the Director of the Office of Government Ethics. (c) Limits on gifts and donations Not later than 120 days after the date of the enactment of this Act, the Director shall promulgate regulations establishing limits with respect to gifts and donations described in subsection (b), which shall, at a minimum— (1) prohibit the receipt of any gift or donation described in subsection (b)— (A) from a single contributor (other than a relative of the officer or employee) in a total amount of more than $5,000 during any calendar year; (B) from a registered lobbyist; (C) from a foreign government or an agent of a foreign principal; (D) from a State government or an agent of a State government; (E) from any person seeking official action from, or seeking to do or doing business with, the agency employing the officer or employee; (F) from any person conducting activities regulated by the agency employing the officer or employee; (G) from any person whose interests may be substantially affected by the performance or nonperformance of the official duties of the officer or employee; (H) from an officer or employee of the executive branch; or (I) from any organization a majority of whose members are described in subparagraphs (A) through (H); and (2) require that a legal defense fund, in order to be certified by the Director, only permit distributions to the applicable officer or employee. (d) Written notice (1) In general An officer or employee who wishes to accept funds or have a representative accept funds from a legal defense fund shall first ensure that the proposed trustee of the legal defense fund submits to the Director the following information: (A) The name and contact information for any proposed trustee of the legal defense fund. (B) A copy of any proposed trust document for the legal defense fund. (C) The nature of the legal proceeding (or proceedings), investigation, or other matter which gives rise to the establishment of the legal defense fund. (D) An acknowledgment signed by the officer or employee and the trustee indicating that they will be bound by the regulations and limitations under this section. (2) Approval An officer or employee may not accept any gift or donation to pay, or to reimburse any person for, fees or expenses described in subsection (b) of this section except through a legal defense fund that has been certified in writing by the Director following that office’s receipt and approval of the information submitted under paragraph (1) and approval of the structure of the fund. (e) Reporting (1) In general An officer or employee who establishes a legal defense fund may not directly or indirectly accept distributions from a legal defense fund unless the fund has provided the Director a quarterly report for each quarter of every calendar year since the establishment of the legal defense fund that discloses, with respect to the quarter covered by the report— (A) the source and amount of each contribution to the legal defense fund; and (B) the amount, recipient, and purpose of each expenditure from the legal defense fund, including all distributions from the trust for any purpose. (2) Public availability The Director shall make publicly available online— (A) each report submitted under paragraph (1) in a searchable, sortable, and downloadable form; (B) each trust agreement and any amendment thereto; (C) the written notice and acknowledgment required by subsection (d); and (D) the Director’s written certification of the legal defense fund. (f) Recusal An officer or employee, other than the President and the Vice President, who is the beneficiary of a legal defense fund may not participate personally and substantially in any particular matter in which the officer or employee knows a donor of any source of a gift or donation to the legal defense fund established for the officer or employee has a financial interest, for a period of two years from the date of the most recent gift or donation to the legal defense fund. C White House Ethics Transparency 8021. Short title This subtitle may be cited as the White House Ethics Transparency Act of 2021 . 8022. Procedure for waivers and authorizations relating to ethics requirements (a) Definitions In this section: (1) Covered employee (A) In general The term covered employee means— (i) a noncareer Presidential or Vice Presidential appointee; (ii) a noncareer appointee in the Senior Executive Service (or any other SES-type system); and (iii) an appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policy-determining character (such as a position under Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations (as in effect on the date of enactment of this Act), and any other position excepted under comparable criteria) in an Executive agency. (B) Exclusions The term covered employee does not include any individual appointed— (i) as a member of the Senior Foreign Service; or (ii) solely as a uniformed service commissioned officer. (2) Director The term Director means the Director of the Office of Government Ethics. (b) Procedure Notwithstanding any other provision of law, not later than 30 days after the date on which an officer or employee issues or approves a waiver or authorization for a covered employee pursuant to section 3 of Executive Order 13770 (82 Fed. Reg. 9335) (or any subsequent similar order), the issuing officer or employee shall— (1) submit to the Director a written copy of the waiver or authorization; and (2) make a written copy of the waiver or authorization available to the public on the website of the employing agency of the covered employee. (c) Public availability Not later than 30 days after the date of receipt of a written copy of a waiver or authorization under subsection (b)(1), the Director shall make the waiver or authorization available to the public on the website of the Office of Government Ethics. (d) Retroactive application (1) In general In the case of a waiver or authorization described in subsection (b) that is issued during the period beginning on January 20, 2017, and ending on the date of enactment of this Act, the issuing officer or employee shall comply with the requirements of paragraphs (1) and (2) of subsection (b) by not later than 30 days after the date of enactment of this Act. (2) Report to Congress Not later than 45 days after the date of enactment of this Act, the Director shall submit to Congress a report that describes the impact of the application of paragraph (1), including the name of— (A) each covered employee who received a waiver or authorization described in subsection (b); and (B) each individual who, by operation of paragraph (1), submitted the information required under that subsection. D Executive Branch Ethics Enforcement 8031. Short title This subtitle may be cited as the Executive Branch Comprehensive Ethics Enforcement Act of 2021 . 8032. Reauthorization of the Office of Government Ethics Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking fiscal year 2007 and inserting fiscal years 2021 through 2025. . 8033. Tenure of the Director of the Office of Government Ethics Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking the period at the end and inserting , subject to removal only for inefficiency, neglect of duty, or malfeasance in office. The Director may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Director may not continue to serve for more than one year after the date on which the term would otherwise expire under this subsection. . 8034. Duties of Director of the Office of Government Ethics (a) In general Section 402(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking , in consultation with the Office of Personnel Management, . (b) Responsibilities of the Director Section 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1)— (A) by striking developing, in consultation with the Attorney General and the Office of Personnel Management, rules and regulations to be promulgated by the President or the Director and inserting developing and promulgating rules and regulations ; and (B) by striking title II and inserting title I ; (2) by striking paragraph (2) and inserting the following: (2) providing mandatory education and training programs for designated agency ethics officials, which may be delegated to each agency or the White House Counsel as determined appropriate by the Director; ; (3) in paragraph (3), by striking title II and inserting title I ; (4) in paragraph (4), by striking problems and inserting issues ; (5) in paragraph (6)— (A) by striking issued by the President or the Director ; and (B) by striking problems and inserting issues ; (6) in paragraph (7)— (A) by striking , when requested, ; and (B) by striking conflict of interest problems and inserting conflicts of interest, as well as other ethics issues ; (7) in paragraph (9)— (A) by striking ordering and inserting receiving allegations of violations of this Act or regulations of the Office of Government Ethics and, when necessary, investigating an allegation to determine whether a violation occurred, and ordering ; and (B) by inserting before the semicolon the following: , and recommending appropriate disciplinary action ; (8) in paragraph (12)— (A) by striking evaluating, with the assistance of and inserting promulgating, with input from ; (B) by striking the need for ; and (C) by striking conflict of interest and ethical problems and inserting conflict of interest and ethics issues ; (9) in paragraph (13)— (A) by striking with the Attorney General and inserting with the Inspectors General and the Attorney General ; (B) by striking violations of the conflict of interest laws and inserting conflict of interest issues and allegations of violations of ethics laws and regulations and this Act ; and (C) by striking , as required by section 535 of title 28, United States Code ; (10) in paragraph (14), by striking and at the end; (11) in paragraph (15)— (A) by striking , in consultation with the Office of Personnel Management, ; (B) by striking title II and inserting title I ; and (C) by striking the period at the end and inserting a semicolon; and (12) by adding at the end the following: (16) directing and providing final approval, when determined appropriate by the Director, for designated agency ethics officials regarding the resolution of conflicts of interest as well as any other ethics issues under the purview of this Act in individual cases; and (17) reviewing and approving, when determined appropriate by the Director, any recusals, exemptions, or waivers from the conflicts of interest and ethics laws, rules, and regulations and making approved recusals, exemptions, and waivers made publicly available by the relevant agency available in a central location on the official website of the Office of Government Ethics. . (c) Written procedures Paragraph (1) of section 402(d) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) by striking , by the exercise of any authority otherwise available to the Director under this title, ; (2) by striking the agency is ; (3) by striking collect, review, evaluate, and if applicable, make and insert collects, reviews, evaluates, and, if applicable, makes ; and (4) by inserting after filed by the following: , or written documentation of recusals, waivers, or ethics authorizations relating to, . (d) Corrective actions Section 402(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1)— (A) in clause (i) of subparagraph (A), by striking of such agency ; and (B) in subparagraph (B), by inserting before the period at the end and determine that a violation of this Act has occurred and issue appropriate administrative or legal remedies as prescribed in paragraph (2) ; (2) in paragraph (2)— (A) in subparagraph (A)— (i) in clause (ii)— (I) in subclause (I), by inserting to the President or the President’s designee if the matter involves employees of the Executive Office of the President or after may recommend ; and (II) in subclause (II)— (aa) by inserting President or after determines that the ; and (bb) by adding and at the end; (ii) in subclause (II) of clause (iii)— (I) by striking notify, in writing, and inserting advise the President or order ; (II) by inserting to take appropriate disciplinary action including reprimand, suspension, demotion, or dismissal against the officer or employee (provided, however, that any order issued by the Director shall not affect an employee’s right to appeal a disciplinary action under applicable law, regulation, collective bargaining agreement, or contractual provision). after employee’s agency ; and (III) by striking of the officer’s or employee’s noncompliance, except that, if the officer or employee involved is the agency head, the notification shall instead be submitted to the President; and ; and (iii) by striking clause (iv); (B) in subparagraph (B)(i)— (i) by striking subparagraph (A)(iii) or (iv) and inserting subparagraph (A) ; (ii) by inserting (I) before In order to ; and (iii) by adding at the end the following: (II) (aa) The Director may secure directly from any agency information necessary to enable the Director to carry out this Act. Upon request of the Director, the head of such agency shall furnish that information to the Director. (bb) The Director may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium and documentary evidence necessary in the performance of the functions assigned by this Act, which subpoena, in the case of refusal to obey, shall be enforceable by order of any appropriate United States district court. ; (C) in subparagraph (B)(ii)(I)— (i) by striking Subject to clause (iv) of this subparagraph, before and inserting Before ; and (ii) by striking subparagraphs (A) (iii) or (iv) and inserting subparagraph (A)(iii) ; (D) in subparagraph (B)(iii), by striking Subject to clause (iv) of this subparagraph, before and inserting Before ; and (E) in subparagraph (B)(iv)— (i) by striking title 2 and inserting title I ; and (ii) by striking section 206 and inserting section 106 ; and (3) in paragraph (4), by striking (iv), . (e) Definitions Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (g) For purposes of this title— (1) the term agency shall include the Executive Office of the President; and (2) the term officer or employee shall include any individual occupying a position, providing any official services, or acting in an advisory capacity, in the White House or the Executive Office of the President. (h) In this title, a reference to the head of an agency shall include the President or the President’s designee. (i) The Director shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States, including the Office of Management and Budget, before submitting to Congress, or any committee or subcommittee thereof, any information, reports, recommendations, testimony, or comments, if such submissions include a statement indicating that the views expressed therein are those of the Director and do not necessarily represent the views of the President. . 8035. Agency ethics officials training and duties (a) In general Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (a), by adding a period at the end of the matter following paragraph (2); and (2) by adding at the end the following: (c) (1) All designated agency ethics officials and alternate designated agency ethics officials shall register with the Director as well as with the appointing authority of the official. (2) The Director shall provide ethics education and training to all designated and alternate designated agency ethics officials in a time and manner determined appropriate by the Director. (3) Each designated agency ethics official and each alternate designated agency ethics official shall biannually attend ethics education and training, as provided by the Director under paragraph (2). (d) Each Designated Agency Ethics Official, including the Designated Agency Ethics Official for the Executive Office of the President— (1) shall provide to the Director, in writing, in a searchable, sortable, and downloadable format, all approvals, authorizations, certifications, compliance reviews, determinations, directed divestitures, public financial disclosure reports, notices of deficiency in compliance, records related to the approval or acceptance of gifts, recusals, regulatory or statutory advisory opinions, waivers, including waivers under section 207 or 208 of title 18, United States Code, and any other records designated by the Director, unless disclosure is prohibited by law; (2) shall, for all information described in paragraph (1) that is permitted to be disclosed to the public under law, make the information available to the public by publishing the information on the website of the Office of Government Ethics, providing a link to download an electronic copy of the information, or providing printed paper copies of such information to the public; and (3) may charge a reasonable fee for the cost of providing paper copies of the information pursuant to paragraph (2). (e) (1) For all information that is provided by an agency to the Director under paragraph (1) of subsection (d), the Director shall make the information available to the public in a searchable, sortable, downloadable format by publishing the information on the website of the Office of Government Ethics or providing a link to download an electronic copy of the information. (2) The Director may, upon request, provide printed paper copies of the information published under paragraph (1) and charge a reasonable fee for the cost of printing such copies. . (b) Repeal The Ethics in Government Act of 1978 (5 U.S.C. App) is amended by striking section 408. 8036. Prohibition on use of funds for certain Federal employee travel in contravention of certain regulations (a) In general Beginning on the date of enactment of this Act, no Federal funds appropriated or otherwise made available in any fiscal year may be used for the travel expenses of any senior Federal official in contravention of sections 301–10.260 through 301–10.266 of title 41, Code of Federal Regulations, or any successor regulation. (b) Quarterly report on travel (1) In general Not later than 90 days after the date of enactment of this Act and every 90 days thereafter, the head of each Federal agency shall submit a report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate detailing travel on Government aircraft by any senior Federal official employed at the applicable agency. (2) Application Any report required under paragraph (1) shall not include any classified travel, and nothing in this Act shall be construed to supersede, alter, or otherwise affect the application of section 101–37.408 of title 41, Code of Federal Regulations, or any successor regulation. (c) Travel regulation report Not later than one year after enactment of this Act, the Director of the Office of Government Ethics shall submit a report to Congress detailing suggestions on strengthening Federal travel regulations. On the date such report is so submitted, the Director shall publish such report on the Office’s public website. (d) Senior Federal official defined In this section, the term senior Federal official has the meaning given that term in section 101–37.100 of title 41, Code of Federal Regulations, as in effect on the date of enactment of this Act, and includes any senior executive branch official (as that term is defined in such section). 8037. Reports on cost of Presidential travel (a) Report required Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall submit to the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives a report detailing the direct and indirect costs to the Department of Defense in support of presidential travel. Each such report shall include costs incurred for travel to a property owned or operated by the individual serving as President or an immediate family member of such individual. (b) Immediate family member defined In this section, the term immediate family member means the spouse of such individual, the adult or minor child of such individual, or the spouse of an adult child of such individual. 8038. Reports on cost of senior Federal official travel (a) Report required Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Defense shall submit to the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives a report detailing the direct and indirect costs to the Department of Defense in support of travel by senior Federal officials on military aircraft. Each such report shall include whether spousal travel furnished by the Department was reimbursed to the Federal Government. (b) Exception Required use travel, as outlined in Department of Defense Directive 4500.56, shall not be included in reports under subsection (a). (c) Senior Federal official defined In this section, the term senior Federal official has the meaning given that term in section 8036(d). E Conflicts from Political Fundraising 8041. Short title This subtitle may be cited as the Conflicts from Political Fundraising Act of 2021 . 8042. Disclosure of certain types of contributions (a) Definitions Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) by redesignating paragraphs (2) through (19) as paragraphs (5) through (22), respectively; and (2) by inserting after paragraph (1) the following: (2) covered contribution means a payment, advance, forbearance, rendering, or deposit of money, or any thing of value— (A) (i) that— (I) is— (aa) made by or on behalf of a covered individual; or (bb) solicited in writing by or at the request of a covered individual; and (II) is made— (aa) to a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or (bb) to an organization— (AA) that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (BB) that promotes or opposes changes in Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; or (ii) that is— (I) solicited in writing by or on behalf of a covered individual; and (II) made— (aa) by an individual or entity the activities of which are subject to Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; and (bb) to— (AA) a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or (BB) an organization that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (B) that is made to an organization described in item (aa) or (bb) of clause (i)(II) or clause (ii)(II)(bb) of subparagraph (A) for which the total amount of such payments, advances, forbearances, renderings, or deposits of money, or any thing of value, during the calendar year in which it is made is not less than the contribution limitation in effect under section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(1)(A) ) for elections occurring during such calendar year; (3) covered individual means an individual who has been nominated or appointed to a covered position; and (4) covered position — (A) means— (i) a position described under sections 5312 through 5316 of title 5, United States Code; (ii) a position placed in level IV or V of the Executive Schedule under section 5317 of title 5, United States Code; (iii) a position as a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; and (iv) a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; and (B) does not include a position if the individual serving in the position has been excluded from the application of section 101(f)(5); . (b) Disclosure requirements The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) in section 101— (A) in subsection (a)— (i) by inserting (1) before Within ; (ii) by striking unless and inserting and, if the individual is assuming a covered position, the information described in section 102(j), except that, subject to paragraph (2), the individual shall not be required to file a report if ; and (iii) by adding at the end the following: (2) If an individual has left a position described in subsection (f) that is not a covered position and, within 30 days, assumes a position that is a covered position, the individual shall, within 30 days of assuming the covered position, file a report containing the information described in section 102(j)(2)(A). ; (B) in subsection (b)(1), in the first sentence, by inserting and the information required by section 102(j) after described in section 102(b) ; (C) in subsection (d), by inserting and, if the individual is serving in a covered position, the information required by section 102(j)(2)(A) after described in section 102(a) ; and (D) in subsection (e), by inserting and, if the individual was serving in a covered position, the information required by section 102(j)(2)(A) after described in section 102(a) ; and (2) in section 102— (A) in subsection (g), by striking Political campaign funds and inserting Except as provided in subsection (j), political campaign funds ; and (B) by adding at the end the following: (j) (1) In this subsection— (A) the term applicable period means— (i) with respect to a report filed pursuant to subsection (a) or (b) of section 101, the year of filing and the 4 calendar years preceding the year of the filing; and (ii) with respect to a report filed pursuant to subsection (d) or (e) of section 101, the preceding calendar year; and (B) the term covered gift means a gift that— (i) is made to a covered individual, the spouse of a covered individual, or the dependent child of a covered individual; (ii) is made by an entity described in item (aa) or (bb) of section 109(2)(A)(i)(II); and (iii) would have been required to be reported under subsection (a)(2) if the covered individual had been required to file a report under section 101(d) with respect to the calendar year during which the gift was made. (2) (A) A report filed pursuant to subsection (a), (b), (d), or (e) of section 101 by a covered individual shall include, for each covered contribution during the applicable period— (i) the date on which the covered contribution was made; (ii) if applicable, the date or dates on which the covered contribution was solicited; (iii) the value of the covered contribution; (iv) the name of the person making the covered contribution; and (v) the name of the person receiving the covered contribution. (B) (i) Subject to clause (ii), a covered contribution made by or on behalf of, or that was solicited in writing by or on behalf of, a covered individual shall constitute a conflict of interest, or an appearance thereof, with respect to the official duties of the covered individual. (ii) The Director of the Office of Government Ethics may exempt a covered contribution from the application of clause (i) if the Director determines the circumstances of the solicitation and making of the covered contribution do not present a risk of a conflict of interest and the exemption of the covered contribution would not affect adversely the integrity of the Government or the public's confidence in the integrity of the Government. (3) A report filed pursuant to subsection (a) or (b) of section 101 by a covered individual shall include the information described in subsection (a)(2) with respect to each covered gift received during the applicable period. . (c) Provision of reports and ethics agreements to Congress Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (e) Not later than 30 days after receiving a written request from the Chairman or Ranking Member of a committee or subcommittee of either House of Congress, the Director of the Office of Government Ethics shall provide to the Chairman and Ranking Member each report filed under this title by the covered individual and any ethics agreement entered into between the agency and the covered individual. . (d) Rules on ethics agreements The Director of the Office of Government Ethics shall promptly issue rules regarding how an agency in the executive branch shall address information required to be disclosed under the amendments made by this subtitle in drafting ethics agreements between the agency and individuals appointed to positions in the agency. (e) Technical and conforming amendments (1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in section 101(f)— (i) in paragraph (9), by striking section 109(12) and inserting section 109(15) ; (ii) in paragraph (10), by striking section 109(13) and inserting section 109(16) ; (iii) in paragraph (11), by striking section 109(10) and inserting section 109(13) ; and (iv) in paragraph (12), by striking section 109(8) and inserting section 109(11) ; (B) in section 103(l)— (i) in paragraph (9), by striking section 109(12) and inserting section 109(15) ; and (ii) in paragraph (10), by striking section 109(13) and inserting section 109(16) ; and (C) in section 105(b)(3)(A), by striking section 109(8) or 109(10) and inserting section 109(11) or 109(13) . (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(4)(D) ) is amended by striking section 109(13) and inserting section 109(16) . (3) Section 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ) is amended— (A) in subsection (g)(2)(B)(ii), by striking section 109(11) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(11) )) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)) ; and (B) in subsection (h)(2)— (i) in subparagraph (B), by striking section 109(8) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(8) ) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ; and (ii) in subparagraph (C), by striking section 109(10) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(10) ) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) . (4) Section 499(j)(2) of the Public Health Service Act ( 42 U.S.C. 290b(j)(2) ) is amended by striking section 109(16) of the Ethics in Government Act of 1978 and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) . F Transition Team Ethics 8051. Short title This subtitle may be cited as the Transition Team Ethics Improvement Act . 8052. Presidential transition ethics programs The Presidential Transition Act of 1963 ( 3 U.S.C. 102 note) is amended— (1) in section 3(f), by adding at the end the following: (3) Each eligible candidate (as defined in subsection (h)(4)(A)) or the President-elect (as the case may be) shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report containing the names of the candidates for high level security positions submitted under paragraph (1)— (A) not later than 10 days after the date of the submission to the Federal Bureau of Investigation or other appropriate agency under paragraph (1); and (B) not later than 10 days after any such candidate is granted a security clearance (including an interim clearance) under paragraph (2). ; and (2) in section 6(b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (C) a list of every position each transition team member has held outside of the Federal Government during the previous 12-month period, including paid and unpaid positions; (D) sources of compensation received by each transition team member exceeding $5,000 during the previous 12-month period; (E) a description of the role of each transition team member, including— (i) a list of any policy issues that the transition team member expects to work on; and (ii) a list of agencies with which the transition team member expects to interact while serving on the transition team; (F) a list of any issues from which each transition team member will be recused while serving as a member of the transition team pursuant to the ethics plan described in section 4(g)(3); and (G) an affirmation that no transition team member has a financial conflict of interest that precludes the transition team member from working on the matters of the member described in subparagraph (E). ; (B) in paragraph (2), by inserting not later than 2 business days after public ; and (C) by adding at the end the following: (3) If the President-elect and Vice-President elect do not make information required under paragraph (1) publicly available with respect to a particular transition team member, the head of a Federal department or agency may not permit the transition team member to access the Federal department or agency or any employee of the Federal department or agency in a manner that would not be permitted to a member of the public. . G Ethics Pledge for Senior Executive Branch Employees 8061. Short title This subtitle may be cited as the Ethics in Public Service Act . 8062. Ethics pledge requirement for senior executive branch employees The Ethics in Government Act of 1978 ( 5 U.S.C. App. 101 et seq.) is amended by inserting after title I the following new title: II Ethics Pledge 201. Definitions (a) In general For the purposes of this title, the following definitions apply: (1) The term Administration means all terms of office of the incumbent President serving at the time of the appointment of an appointee covered by this title. (2) The term appointee means any noncareer Presidential or Vice Presidential appointee, noncareer appointee in the Senior Executive Service (or other SES-type system), or appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency, but does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer. (3) The term covered executive branch official and lobbyist have the meanings given those terms in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ). (4) The term directly and substantially related to my former employer or former clients means matters in which the appointee’s former employer or a former client is a party or represents a party. (5) The term executive agency has the meaning given that term in section 105 of title 5, United States Code, and includes the Executive Office of the President, the United States Postal Service, and Postal Regulatory Commission, but does not include the Government Accountability Office. (6) The term former client means a person or entity for whom an appointee served personally as agent, attorney, or consultant during the 2-year period ending on the date before the date on which the appointee begins service in the Federal Government, but does not include an agency or instrumentality of the Federal Government. (7) The term former employer — (A) means a person or entity for whom an appointee served as an employee, officer, director, trustee, partner, agent, attorney, consultant, or contractor during the 2-year period ending on the date before the date on which the appointee begins service in the Federal Government; and (B) does not include— (i) an agency or instrumentality of the Federal Government; (ii) a State or local government; (iii) the District of Columbia; (iv) an Indian Tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); or (v) the government of a territory or possession of the United States. (8) The term gift — (A) has the meaning given that term in section 2635.203(b) of title 5, Code of Federal Regulations (or any successor regulation); and (B) does not include those items excluded by sections 2635.204(b), (c), (e)(1), (e)(3), (j), (k), and (l) of such title 5. (9) The term Government official means any employee of the executive branch. (10) The term lobby and lobbied mean to act or have acted as a registered lobbyist. (11) The term participate means to participate personally and substantially. (12) The term pledge means the ethics pledge set forth in section 202 of this title. (13) The term post-employment restrictions includes the provisions and exceptions in section 207(c) of title 18, United States Code, and the implementing regulations. (14) The term registered lobbyist or lobbying organization means a lobbyist or an organization filing a registration pursuant to section 4(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(a) ), and in the case of an organization filing such a registration, registered lobbyist includes each of the lobbyists identified therein. (b) References All references to provisions of law and regulations under subsection (a) shall refer to such provisions as in effect on the date of enactment of this title. 202. Ethics pledge Each appointee in every executive agency appointed on or after the date of enactment of this section shall be required to sign an ethics pledge upon appointment. The pledge shall be signed and dated within 30 days of taking office and shall include, at a minimum, the following elements: As a condition, and in consideration, of my employment in the United States Government in a position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law: (1) Lobbyist Gift Ban.—I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee. (2) Revolving Door Ban; Entering Government.— (A) All Appointees Entering Government.—I will not, for a period of 2 years from the date of my appointment, participate in any particular matter involving specific party or parties that is directly and substantially related to my former employer or former clients, including regulations and contracts. (B) Lobbyists Entering Government.—If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of subparagraph (A), I will not for a period of 2 years after the date of my appointment— (i) participate in any particular matter on which I lobbied within the 2 years before the date of my appointment; (ii) participate in the specific issue area in which that particular matter falls; or (iii) seek or accept employment with any executive agency that I lobbied within the 2 years before the date of my appointment. (3) Revolving Door Ban; Appointees Leaving Government.— (A) All Appointees Leaving Government.—If, upon my departure from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions for a period of 2 years following the end of my appointment. (B) Appointees Leaving Government to Lobby.—In addition to abiding by the limitations of subparagraph (A), I also agree, upon leaving Government service, not to lobby any covered executive branch official or noncareer Senior Executive Service appointee for the remainder of the Administration. (4) Employment Qualification Commitment.—I agree that any hiring or other employment decisions I make will be based on the candidate's qualifications, competence, and experience. (5) Assent to Enforcement.—I acknowledge that title II of the Ethics in Government Act of 1978, which I have read before signing this document, defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that title as a part of this agreement and as binding on me. I understand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service. ”. 203. Waiver (a) The President or the President’s designee may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the President or the President’s designee certifies (in writing) that, in light of all the relevant circumstances, the interest of the Federal Government in the employee’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs or operations. (b) Any waiver under this section shall take effect when the certification is signed by the President or the President’s designee. (c) For purposes of subsection (a), the interest of the Federal Government shall include exigent circumstances relating to national security or to the economy. De minimis contact with an executive agency shall be cause for a waiver of the restrictions contained in paragraph (2)(B) of the pledge. (d) For any waiver granted under this section, the individual who granted the waiver shall— (1) provide a copy of the waiver to the Director not more than 48 hours after the waiver is granted; and (2) publish the waiver on the website of the applicable agency not later than 30 calendar days after granting such waiver. (e) Upon receiving a written waiver under subsection (d), the Director shall— (1) review the waiver to determine whether the Director has any objection to the issuance of the waiver; and (2) if the Director so objects— (A) provide reasons for the objection in writing to the President or the President’s designee who granted the waiver not more than 15 calendar days after the waiver was granted; and (B) publish the written objection on the website of the Office of Government Ethics not more than 30 calendar days after the waiver was granted. 204. Administration (a) The head of each executive agency shall, in consultation with the Director of the Office of Government Ethics, establish such rules or procedures (conforming as nearly as practicable to the agency’s general ethics rules and procedures, including those relating to designated agency ethics officers) as are necessary or appropriate to ensure— (1) that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee; (2) that compliance with paragraph (2)(B) of the pledge is addressed in a written ethics agreement with each appointee to whom it applies; (3) that spousal employment issues and other conflicts not expressly addressed by the pledge are addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and (4) compliance with this title within the agency. (b) With respect to the Executive Office of the President, the duties set forth in subsection (a) shall be the responsibility of the Counsel to the President. (c) The Director of the Office of Government Ethics shall— (1) ensure that the pledge and a copy of this title are made available for use by agencies in fulfilling their duties under subsection (a); (2) in consultation with the Attorney General or the Counsel to the President, when appropriate, assist designated agency ethics officers in providing advice to current or former appointees regarding the application of the pledge; (3) adopt such rules or procedures as are necessary or appropriate— (A) to carry out the responsibilities assigned by this subsection; (B) to apply the lobbyist gift ban set forth in paragraph 1 of the pledge to all executive branch employees; (C) to authorize limited exceptions to the lobbyist gift ban for circumstances that do not implicate the purposes of the ban; (D) to make clear that no person shall have violated the lobbyist gift ban if the person properly disposes of a gift; (E) to ensure that existing rules and procedures for Government employees engaged in negotiations for future employment with private businesses that are affected by their official actions do not affect the integrity of the Government’s programs and operations; and (F) to ensure, in consultation with the Director of the Office of Personnel Management, that the requirement set forth in paragraph (4) of the pledge is honored by every employee of the executive branch; (4) in consultation with the Director of the Office of Management and Budget, report to the President, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate on whether full compliance is being achieved with existing laws and regulations governing executive branch procurement lobbying disclosure and on steps the executive branch can take to expand to the fullest extent practicable disclosure of such executive branch procurement lobbying and of lobbying for presidential pardons, and to include in the report both immediate action the executive branch can take and, if necessary, recommendations for legislation; and (5) provide an annual public report on the administration of the pledge and this title. (d) All pledges signed by appointees, and all waiver certifications with respect thereto, shall be filed with the head of the appointee’s agency for permanent retention in the appointee’s official personnel folder or equivalent folder. . H Travel on Private Aircraft by Senior Political Appointees 8071. Short title This subtitle may be cited as the Stop Waste And Misuse by Presidential Flyers Landing Yet Evading Rules and Standards Act or the SWAMP FLYERS Act . 8072. Prohibition on use of funds for travel on private aircraft (a) In general Beginning on the date of enactment of this subtitle, no Federal funds appropriated or otherwise made available in any fiscal year may be used to pay the travel expenses of any senior political appointee for travel on official business on a non-commercial, private, or chartered flight. (b) Exceptions The limitation in subsection (a) shall not apply— (1) if no commercial flight is available for the travel in question, consistent with subsection (c); or (2) to any travel on aircraft owned or leased by the Government. (c) Certification (1) In general Any senior political appointee who travels on a non-commercial, private, or chartered flight under the exception provided in subsection (b)(1) shall, not later than 30 days after the date of such travel, submit a written statement to Congress certifying that no commercial flight was available. (2) Penalty Any statement submitted under paragraph (1) shall be considered a statement for purposes of applying section 1001 of title 18, United States Code. (d) Definition of senior political appointee In this subtitle, the term senior political appointee means any individual occupying— (1) a position listed under the Executive Schedule (subchapter II of chapter 53 of title 5, United States Code); (2) a Senior Executive Service position that is not a career appointee, as defined under section 3132(a)(4) of title 5, United States Code; or (3) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations. I Severability 8081. Severability If any provision of this title or any amendment made by this title, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this title and the amendments made by this title, and the application of the provision or amendment to any other person or circumstance, shall not be affected. IX Congressional Ethics Reform A Requiring Members of Congress To reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 9001. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 in all cases of employment discrimination acts by Members (a) Requiring reimbursement Clause (i) of section 415(d)(1)(C) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1415(d)(1)(C) ) is amended to read as follows: (i) a violation of section 201(a) or section 206(a); or . (b) Conforming amendment relating to notification of possibility of reimbursement Clause (i) of section 402(b)(2)(B) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1402(b)(2)(B) ) is amended to read as follows: (i) a violation of section 201(a) or section 206(a); or . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the Congressional Accountability Act of 1995 Reform Act. B Conflicts of Interests 9101. Prohibiting Members of House of Representatives from serving on boards of for-profit entities Rule XXIII of the Rules of the House of Representatives is amended— (1) by redesignating clause 20 as clause 21; and (2) by inserting after clause 19 the following new clause: 20. A Member, Delegate, or Resident Commissioner may not serve on the board of directors of any for-profit entity. . 9102. Conflict of interest rules for Members of Congress and congressional staff No Member, officer, or employee of a committee or Member of either House of Congress may knowingly use his or her official position to introduce or aid the progress or passage of legislation, a principal purpose of which is to further only his or her pecuniary interest, only the pecuniary interest of his or her immediate family, or only the pecuniary interest of a limited class of persons or enterprises, when he or she, or his or her immediate family, or enterprises controlled by them, are members of the affected class. 9103. Exercise of rulemaking powers The provisions of this subtitle are enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. C Campaign Finance and Lobbying Disclosure 9201. Short title This subtitle may be cited as the Connecting Lobbyists and Electeds for Accountability and Reform Act or the CLEAR Act . 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists (a) Reports filed by political committees Section 304(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(b) ) is amended— (1) by striking and at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ; and ; and (3) by adding at the end the following new paragraph: (9) if any person identified in subparagraph (A), (E), (F), or (G) of paragraph (3) is a registered lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.), a separate statement that such person is a registered lobbyist under such Act. . (b) Reports filed by persons making independent expenditures Section 304(c)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(2) ) is amended— (1) by striking and at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (D) if the person filing the statement, or a person whose identification is required to be disclosed under subparagraph (C), is a registered lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.), a separate statement that such person is a registered lobbyist under such Act. . (c) Reports filed by persons making disbursements for electioneering communications Section 304(f)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(f)(2) ) is amended by adding at the end the following new subparagraph: (G) If the person making the disbursement, or a contributor described in subparagraph (E) or (F), is a registered lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.), a separate statement that such person or contributor is a registered lobbyist under such Act. . (d) Requiring Commission to establish link to websites of Clerk of House and Secretary of Senate Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ), as amended by section 4002(a), section 4208(a), and section 4210(a), is amended by adding at the end the following new subsection: (m) Requiring information on registered lobbyists to be linked to websites of Clerk of House and Secretary of Senate (1) Links to websites The Commission shall ensure that the Commission's public database containing information described in paragraph (2) is linked electronically to the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.). (2) Information described The information described in this paragraph is each of the following: (A) Information disclosed under paragraph (9) of subsection (b). (B) Information disclosed under subparagraph (D) of subsection (c)(2). (C) Information disclosed under subparagraph (G) of subsection (f)(2). . 9203. Effective date The amendments made by this subtitle shall apply with respect to reports required to be filed under the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.) on or after the expiration of the 90-day period which begins on the date of the enactment of this Act. D Access to Congressionally Mandated Reports 9301. Short title This subtitle may be cited as the Access to Congressionally Mandated Reports Act . 9302. Definitions In this subtitle: (1) Congressionally mandated report The term congressionally mandated report — (A) means a report that is required to be submitted to either House of Congress or any committee of Congress, or subcommittee thereof, by a statute, resolution, or conference report that accompanies legislation enacted into law; and (B) does not include a report required under part B of subtitle II of title 36, United States Code. (2) Director The term Director means the Director of the Government Publishing Office. (3) Federal agency The term Federal agency has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office. (4) Open format The term open format means a file format for storing digital data based on an underlying open standard that— (A) is not encumbered by any restrictions that would impede reuse; and (B) is based on an underlying open data standard that is maintained by a standards organization. (5) Reports online portal The term reports online portal means the online portal established under section 9303(a). 9303. Establishment of online portal for congressionally mandated reports (a) Requirement To establish online portal (1) In general Not later than 1 year after the date of enactment of this Act, the Director shall establish and maintain an online portal accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Director may publish other reports on the online portal. (2) Existing functionality To the extent possible, the Director shall meet the requirements under paragraph (1) by using existing online portals and functionality under the authority of the Director. (3) Consultation In carrying out this subtitle, the Director shall consult with the Clerk of the House of Representatives, the Secretary of the Senate, and the Librarian of Congress regarding the requirements for and maintenance of congressionally mandated reports on the reports online portal. (b) Content and function The Director shall ensure that the reports online portal includes the following: (1) Subject to subsection (c), with respect to each congressionally mandated report, each of the following: (A) A citation to the statute, conference report, or resolution requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee receiving the report, if applicable. (v) The statute, resolution, or conference report requiring the report. (vi) Subject tags. (vii) A unique alphanumeric identifier for the report that is consistent across report editions. (viii) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable. (ix) Key words. (x) Full text search. (xi) Any other relevant information specified by the Director. (D) The date on which the report was required to be submitted, and on which the report was submitted, to the reports online portal. (E) Access to the report not later than 30 calendar days after its submission to Congress. (F) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports. (3) A means for downloading individual reports as the result of a search. (4) An electronic means for the head of each Federal agency to submit to the reports online portal each congressionally mandated report of the agency, as required by section 9304. (5) In tabular form, a list of all congressionally mandated reports that can be searched, sorted, and downloaded by— (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) to the extent practicable, reports not submitted. (c) Noncompliance by Federal agencies (1) Reports not submitted If a Federal agency does not submit a congressionally mandated report to the Director, the Director shall to the extent practicable— (A) include on the reports online portal— (i) the information required under clauses (i), (ii), (iv), and (v) of subsection (b)(1)(C); and (ii) the date on which the report was required to be submitted; and (B) include the congressionally mandated report on the list described in subsection (b)(5)(C). (2) Reports not in open format If a Federal agency submits a congressionally mandated report that is not in an open format, the Director shall include the congressionally mandated report in another format on the reports online portal. (d) Free access The Director may not charge a fee, require registration, or impose any other limitation in exchange for access to the reports online portal. (e) Upgrade capability The reports online portal shall be enhanced and updated as necessary to carry out the purposes of this subtitle. 9304. Federal agency responsibilities (a) Submission of electronic copies of reports Concurrently with the submission to Congress of each congressionally mandated report, the head of the Federal agency submitting the congressionally mandated report shall submit to the Director the information required under subparagraphs (A) through (D) of section 9303(b)(1) with respect to the congressionally mandated report. Nothing in this subtitle shall relieve a Federal agency of any other requirement to publish the congressionally mandated report on the online portal of the Federal agency or otherwise submit the congressionally mandated report to Congress or specific committees of Congress, or subcommittees thereof. (b) Guidance Not later than 240 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director, shall issue guidance to agencies on the implementation of this subtitle. (c) Structure of submitted report data The head of each Federal agency shall ensure that each congressionally mandated report submitted to the Director complies with the open format criteria established by the Director in the guidance issued under subsection (b). (d) Point of contact The head of each Federal agency shall designate a point of contact for a congressionally mandated report. (e) List of reports As soon as practicable each calendar year (but not later than April 1), and on a rolling basis during the year if feasible, the Librarian of Congress shall submit to the Director a list of congressionally mandated reports from the previous calendar year, in consultation with the Clerk of the House of Representatives, which shall— (1) be provided in an open format; (2) include the information required under clauses (i), (ii), (iv), (v) of section 9303(b)(1)(C) for each report; (3) include the frequency of the report; (4) include a unique alphanumeric identifier for the report that is consistent across report editions; (5) include the date on which each report is required to be submitted; and (6) be updated and provided to the Director, as necessary. 9305. Removing and altering reports A report submitted to be published to the reports online portal may only be changed or removed, with the exception of technical changes, by the head of the Federal agency concerned if— (1) the head of the Federal agency consults with each congressional committee to which the report is submitted; and (2) Congress enacts a joint resolution authorizing the changing or removal of the report. 9306. Rules of construction; inspectors general (a) In general Nothing in this subtitle shall be construed to— (1) require the disclosure of information, records, or reports that are exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), or that may be withheld under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ); or (2) impose any affirmative duty on the Director to review congressionally mandated reports submitted for publication to the reports online portal for the purpose of identifying and redacting such information or records. (b) Withholding of information Nothing in this subtitle shall be construed to require the publication, on the online portal or otherwise, of any report containing information— (1) that is exempt from disclosure under section 552 of title 5, United States Code, or that may be withheld under section 552a of title 5, United States Code; (2) that is classified; (3) that is law enforcement sensitive; or (4) the public release of which could have a harmful effect on national security. (c) Relationship to offices of inspectors general The inspector general of each Federal agency, except for an inspector general belonging to an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ), shall be responsible for the submission of their reports to the Director. 9307. Implementation Except as provided in section 9304(b), this subtitle shall be implemented not later than 1 year after the date of enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date that is 1 year after such date of enactment. E Reports on Outside Compensation Earned by Congressional Employees 9401. Reports on outside compensation earned by Congressional employees (a) Reports The supervisor of an individual who performs services for any Member, committee, or other office of the Senate or House of Representatives for a period in excess of four weeks and who receives compensation therefor from any source other than the Federal Government shall submit a report identifying the identity of the source, amount, and rate of such compensation to— (1) the Select Committee on Ethics of the Senate, in the case of an individual who performs services for a Member, committee, or other office of the Senate; or (2) the Committee on Ethics of the House of Representatives, in the case of an individual who performs services for a Member (including a Delegate or Resident Commissioner to the Congress), committee, or other office of the House. (b) Timing The supervisor shall submit the report required under subsection (a) with respect to an individual— (1) when such individual first begins performing services described in such subparagraph; (2) at the close of each calendar quarter during which such individual is performing such services; and (3) when such individual ceases to perform such services. F Severability 9501. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. X Presidential and Vice Presidential Tax Transparency 10001. Presidential and Vice Presidential tax transparency (a) Definitions In this section— (1) The term covered candidate means a candidate of a major party in a general election for the office of President or Vice President. (2) The term income tax return means, with respect to an individual, any return (as such term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986, except that such term shall not include declarations of estimated tax) of— (A) such individual, other than information returns issued to persons other than such individual; or (B) of any corporation, partnership, or trust in which such individual holds, directly or indirectly, a significant interest as the sole or principal owner or the sole or principal beneficial owner (as such terms are defined in regulations prescribed by the Secretary). (3) The term major party has the meaning given the term in section 9002 of the Internal Revenue Code of 1986. (4) The term Secretary means the Secretary of the Treasury or the delegate of the Secretary. (b) Disclosure (1) In general (A) Candidates for President and Vice President Not later than the date that is 15 days after the date on which an individual becomes a covered candidate, the individual shall submit to the Federal Election Commission a copy of the individual’s income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service. (B) President and Vice President With respect to an individual who is the President or Vice President, not later than the due date for the return of tax for each taxable year, such individual shall submit to the Federal Election Commission a copy of the individual’s income tax returns for the taxable year and for the 9 preceding taxable years. (C) Transition rule for sitting Presidents and Vice Presidents Not later than the date that is 30 days after the date of enactment of this section, an individual who is the President or Vice President on such date of enactment shall submit to the Federal Election Commission a copy of the income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service. (2) Failure to disclose If any requirement under paragraph (1) to submit an income tax return is not met, the chairman of the Federal Election Commission shall submit to the Secretary a written request that the Secretary provide the Federal Election Commission with the income tax return. (3) Publicly available The chairman of the Federal Election Commission shall make publicly available each income tax return submitted under paragraph (1) in the same manner as a return provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section). (4) Treatment as a report under the Federal Election Campaign Act of 1971 For purposes of the Federal Election Campaign Act of 1971 ( 32 U.S.C. 30101 et seq.), any income tax return submitted under paragraph (1) or provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section) shall, after redaction under paragraph (3) or subparagraph (B)(ii) of such section, be treated as a report filed under the Federal Election Campaign Act of 1971 ( 32 U.S.C. 30101 et seq.). (c) Disclosure of returns of Presidents and Vice Presidents and certain candidates for President and Vice President (1) In general Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Disclosure of return information of Presidents and Vice Presidents and certain candidates for President and Vice President (A) In general Upon written request by the chairman of the Federal Election Commission under section 10001(b)(2) of the For the People Act of 2021, not later than the date that is 15 days after the date of such request, the Secretary shall provide copies of any return which is so requested to officers and employees of the Federal Election Commission whose official duties include disclosure or redaction of such return under this paragraph. (B) Disclosure to the public (i) In general The chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A). (ii) Redaction of certain information Before making publicly available under clause (i) any return, the chairman of the Federal Election Commission shall redact such information as the Federal Election Commission and the Secretary jointly determine is necessary for protecting against identity theft, such as social security numbers. . (2) Conforming amendments Section 6103(p)(4) of the Internal Revenue Code of 1986 is amended— (A) in the matter preceding subparagraph (A) by striking or (22) and inserting (22), or (23) ; and (B) in subparagraph (F)(ii) by striking or (22) and inserting (22), or (23) . (3) Effective date The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act.
June 17, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s2093pcs/xml/BILLS-117s2093pcs.xml |
117-s-2094 | II 117th CONGRESS 1st Session S. 2094 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Barrasso (for himself and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for a new building period with respect to the cap on full-time equivalent residents for purposes of payment for graduate medical education costs under the Medicare program for certain hospitals that have established a shortage specialty program.
1. Short title This Act may be cited as the Physician Shortage GME Cap Flex Act of 2021 . 2. Providing for a new building period with respect to the cap on full-time equivalent residents for certain hospitals that have established a shortage specialty program Section 1886(h)(4) of the Social Security Act ( 42 U.S.C. 1395ww(h)(4) ) is amended by adding at the end the following new subparagraph: (L) Treatment of certain qualifying hospitals (i) In general For purposes of applying this paragraph and section 413.79 of title 42, Code of Federal Regulations (or a successor regulation), the Secretary shall treat, subject to clause (ii), a qualifying hospital (as defined in clause (iii)) with an approved medical residency training program as if such hospital— (I) had no allopathic or osteopathic residents in its most recent cost reporting period ending on or before December 31, 1996; and (II) began training residents for the first time in a new medical residency training program (as defined in paragraph (l) of such section) beginning on the date on which such hospital became a qualifying hospital. (ii) Special rule for qualifying hospitals in cap-building period In the case of a qualifying hospital with an approved medical residency training program that, excluding the treatment described in clause (i), is a hospital that had no allopathic or osteopathic residents in its most recent cost reporting period ending on or before December 31, 1996, and began training residents for the first time in a new medical residency training program (as defined in paragraph (l) of such section) during the 5-year period ending on the date described in clause (i)(II) with respect to such hospital, in lieu of applying such clause, the Secretary shall provide that the provisions of subsection (e) of section 413.79 of title 42, Code of Federal Regulations (or a successor regulation), shall apply with respect to such hospital for an additional 5 years beyond the period during which such provisions would otherwise have applied to such hospital. (iii) Definition In this subparagraph: (I) Qualifying hospital The term qualifying hospital means a hospital that— (aa) establishes a shortage specialty program (as defined in subclause (II)) during the 5-year period beginning on the date of the enactment of this subparagraph; and (bb) submits an application to the Secretary during such period containing such information as the Secretary may specify. (II) Shortage specialty program The term shortage specialty program means, with respect to a hospital located in a geographic area (as defined by the Secretary), any approved residency training program in a specialty for which the Secretary determines that there is a shortage of physicians practicing such specialty in such area at the time such program is established. In making such a determination, the Secretary shall take into account whether such hospital is located in an area— (aa) without adequate health care resources (such as in a rural area or a medically underserved area (as defined by the Administrator of the Health Resources and Services Administration)); (bb) experiencing primary care or specialty physician shortages (such as in a health professional shortage area (as defined in section 332(a) of the Public Health Service Act ( 42 U.S.C. 254e(a) ))); (cc) without an adequate number of approved residency training programs; (dd) struggling to expand or keep approved residency training programs operational; (ee) lacking existing medical training infrastructure or in the process of building such infrastructure; (ff) with a low resident-to-population ratio; (gg) with few full-time equivalent resident positions; or (hh) with a low physician-to-population ratio for physicians practicing in the same specialty as the shortage specialty program concerned. . | https://www.govinfo.gov/content/pkg/BILLS-117s2094is/xml/BILLS-117s2094is.xml |
117-s-2095 | II 117th CONGRESS 1st Session S. 2095 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk.
1. Short title This Act may be cited as the Emergency Grants of Release And Compassion Effectively Act of 2021 or the Emergency GRACE Act . 2. Definitions In this Act: (1) Director The term Director means the Director of the Bureau of Prisons. (2) Public health emergency The term public health emergency — (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); and (B) includes— (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID–19. 3. Expedited compassionate release (a) Authority For purposes of a motion filed under section 3582(c)(1) of title 18, United States Code, during any period for which a public health emergency is in effect, the requirement to exhaust all administrative rights or the 30-day waiting period described in section 3582(c)(1) of title 18, United States Code, shall not apply. (b) Identifying compassionate release cases The Director shall— (1) identify defendants who are at a higher risk of death, as defined by the Centers for Disease Control and Prevention, from the disease or illness for which the public health emergency was declared, including— (A) defendants over the age of 60; (B) defendants with a terminal illness, as defined in section 3582(d)(1) of title 18, United States Code; and (C) defendants with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer; (2) upon a written request by a defendant for the medical records of the defendant, or in the case of the defendant's attorney, a request for the medical records of the defendant that declares under the penalty of perjury that the records are being sought in connection with a motion under subsection (a), promptly release all medical records from the year preceding the request to the parties specified in the request, including the court, the defendant, and any individual acting on the defendant's behalf; (3) ensure that there are adequate numbers of Bureau of Prison employees to carry out paragraph (1); and (4) provide guidance to Bureau of Prison employees consistent with public health and safety recommendations to prevent the spread of the disease or illness for which the public health emergency was declared. (c) Presumption In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. (d) Legal representation The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. (e) Conforming amendments to section 3582 of title 18, United States Code Section 3582(c)(1) of title 18, United States Code, is amended— (1) in the matter preceding subparagraph (A), by inserting , including a case involving an offense committed on or before November 1, 1987 after case ; and (2) in subparagraph (A)— (A) in the matter preceding clause (i), by striking or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility and inserting , or upon the lapse of 30 days from date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned ; and (B) in clause (ii), by striking 70 years of age and inserting 60 years of age . 4. Temporary release from Federal custody during a public health emergency (a) Temporary release from custody of the United States Marshals During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. (b) Temporary furlough or transfer (1) In general During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. (2) Factors to be considered In carrying out paragraph (1), the court may consider factors such as— (A) whether an individual filed a motion for a reduction of sentence under section 3(a); (B) the risk to the health and safety of the facility in which the individual is held, including an outbreak of a highly contagious virus or disease; and (C) the safety of the community in which a person will be released. 5. Allowing for medical assistance under medicaid for inmates during 30-day period preceding release The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended by inserting and except during the 30-day period preceding the date of release of such individual from such public institution after medical institution . 6. Stopping the spread of coronavirus in Federal prisons (a) Required action To stop the spread of coronavirus The Director shall require that all Bureau of Prisons facilities, including all contract facilities, follow the Centers for Disease Control recommended procedures for limiting the spread of the coronavirus, including robust and ongoing testing, providing adequate soap, medical care, comprehensive sanitation and cleaning of facilities, personal protective equipment, and other safety measures provided free of charge to— (1) individuals who are incarcerated or detained in a Bureau of Prisons facility, including all contract facilities; and (2) individuals who work or volunteer in a Bureau of Prisons facility, including all contract facilities. (b) Plans and procedures Not later than 7 days after the date of enactment of this Act, the Director shall— (1) release information about plans and procedures to address the coronavirus within Bureau of Prisons facilities, including all contract facilities; (2) update the number of coronavirus cases that exist in Bureau of Prisons facilities, including all contract facilities, and provide daily updates of the number; (3) begin the process of testing— (A) all individuals who are incarcerated or detained in a Bureau of Prisons facility or a contract facility; and (B) all individuals who work or volunteer in a Bureau of Prisons facility or contract facility; (4) provide prompt and accurate information about the number of coronavirus fatalities; (5) inform attorneys, families, and friends of inmates in custody when individuals are potentially exposed to or test positive with coronavirus and continue to provide timely, up-to-date information about the health of loved ones; (6) provide information about visitation, communication policies, and lockdowns; and (7) give updates on healthcare services being provided. 7. Emergency appropriations for State sentencing reductions on the basis of age or medical condition There are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, for additional amounts for the Department of Justice for State and Local Law Enforcement Assistance , $50,000,000 for fiscal years 2021 and 2022, to remain available until expended, to prevent, prepare for, and respond to the coronavirus, domestically or internationally, to be awarded pursuant to the formula allocation (adjusted in proportion to the relative amounts statutorily designated therefor) that was used in fiscal year 2020 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 ( 1968 Act ): Provided , That the amounts awarded to State Administering Agencies shall be awarded to the corrections departments or agency of each State and territory of the United States for the purpose of identifying State inmates who are at a higher risk of death from the disease or illness for which the public health emergency was declared, as defined by the Centers for Disease Control and Prevention, including inmates over the age of 60, inmates with a terminal illness, and inmates with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer, and for the purpose of testing inmates for the coronavirus, and assisting such inmates in the preparation, drafting, and submission of requests for compassionate release, medical or elderly parole, or other sentence reductions on the basis of age or medical condition pursuant to relevant State law: Provided further , That the allocation provisions under subsections (a) through (e) of section 505 and the special rules for Puerto Rico under section 505(g) and section 1001(c) of the 1968 Act, shall not apply to the amount provided under this section: Provided further , That awards hereunder, shall not be subject to restrictions or special conditions that are the same as (or substantially similar to) those, imposed on awards under such subpart in fiscal year 2018, that forbid interference with Federal law enforcement: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. | https://www.govinfo.gov/content/pkg/BILLS-117s2095is/xml/BILLS-117s2095is.xml |
117-s-2096 | II 117th CONGRESS 1st Session S. 2096 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Immigration and Nationality Act to authorize admission of Canadian retirees as long-term visitors for pleasure described in section 101(a)(15)(B) of such Act, and for other purposes.
1. Short title This Act may be cited as the Canadian Snowbirds Act . 2. Admission of Canadian retirees Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) Canadian retirees (1) In general The Secretary of Homeland Security may admit an alien as a visitor described in section 101(a)(15)(B) if the alien demonstrates, to the satisfaction of the Secretary, that the alien— (A) is a citizen of Canada; (B) is at least 50 years of age; (C) maintains a residence in Canada; (D) owns a residence in the United States or has signed a rental agreement for accommodations in the United States for the duration of the alien’s intended stay in the United States; (E) is not inadmissible under section 212; (F) is not deportable under section 237; (G) is not otherwise removable under the immigration laws; (H) will not engage in employment or labor for hire in the United States other than employment or labor for hire for a person or entity not based in the United States by whom the Canadian citizen was employed in Canada or for whom the Canadian citizen performed services in Canada; and (I) will not seek any form of assistance, benefit, or credit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(a) ) or sections 24(d), 32, 35, 36, and 36B of the Internal Revenue Code of 1986. (2) Spouse The spouse of an alien described in paragraph (1) may be admitted under the same terms as the principal alien if the spouse satisfies the requirements under paragraph (1) (other than subparagraph (D)). (3) Immigrant intent In determining eligibility for admission under this subsection, maintenance of a residence in the United States shall not be considered evidence of intent by the alien to abandon the alien’s residence in Canada. (4) Period of admission During any single 365-day period, an alien may be admitted under this subsection as a visitor for pleasure described in section 101(a)(15)(B) for a period not to exceed 240 days, beginning on the date of admission. Time spent outside of the United States during such period of admission shall not be counted for purposes of determining the termination date of such period. (5) Secretary’s discretion A decision by the Secretary of Homeland Security to withhold admission of an alien described in paragraph (1), or to withdraw an authorization of admission of such alien, shall be at the Secretary’s sole and unreviewable discretion under the immigration laws. . 3. Nonresident alien tax status Section 7701(b)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows: (B) Nonresident alien An individual is a nonresident alien if such individual— (i) is not a citizen of the United States or a resident of the United States (as defined in subparagraph (A)), or (ii) is a Canadian citizen described in section 214(s) of the Immigration and Nationality Act ( 8 U.S.C. 1184(s) ). . | https://www.govinfo.gov/content/pkg/BILLS-117s2096is/xml/BILLS-117s2096is.xml |
117-s-2097 | II 117th CONGRESS 1st Session S. 2097 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Kennedy 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 make permanent the permissible first-dollar coverage of telehealth services for purposes of health savings accounts.
1. Short title This Act may be cited as the Telemedicine Everywhere Lifting Everyone’s Healthcare Experience And Long Term Health HSA Act of 2021 or the TELEHEALTH HSA Act of 2021 . 2. Permanent exemption for telehealth services (a) In general Subparagraph (E) of section 223(c)(2) of the Internal Revenue Code of 1986 is amended by striking In the case of plan years beginning on or before December 31, 2021, a plan and inserting A plan . (b) Conforming amendment Clause (ii) of section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking (in the case of plan years beginning on or before December 31, 2021) . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2097is/xml/BILLS-117s2097is.xml |
117-s-2098 | II 117th CONGRESS 1st Session S. 2098 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Sasse introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prevent States from using or distributing resources during the COVID–19 national emergency in accordance with a State policy that discriminates on the basis of disability, and for other purposes.
1. Short title This Act may be cited as the Ending Qualifications that are Unjust for Access to Lifesaving Care Act . 2. Prohibition on discrimination on the basis of disability with respect to the distribution or use of resources during COVID–19 national emergency (a) In general No State shall receive a resource, including a ventilator, from the Strategic National Stockpile, or through any defense production contract, during the COVID–19 national emergency if the Secretary of Health and Human Services, in coordination with the Secretary of Homeland Security, determines under subsection (b) that the State has in effect a policy that discriminates on the basis of disability with respect to the use or distribution of such resource. (b) Determinations (1) In general Notwithstanding section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) or any other provision of law, the Secretary of Health and Human Services, in coordination with the Secretary of Homeland Security, shall, prior to the distribution of any resource from the Strategic National Stockpile, or through any defense production contract, to a State, certify that the policy of that State in using or distributing that resource is not discriminatory on the basis of disability. (2) Period for holding resources If the Secretary, in coordination with the Secretary of Homeland Security, determines under paragraph (1) that the policy of a State with respect to the use or distribution of a resource described in such paragraph is discriminatory on the basis of disability, the Secretary, or Secretary of Homeland Security (as applicable), shall ensure that such resource is withheld from the State until the State modifies the policy so that it is no longer so discriminatory. (3) Rule of construction A certification under paragraph (1) shall— (A) apply only with respect to the resource in question, and the allocation of such resource within the State; and (B) not have any effect on the determination of whether the State is in violation of any other Federal law or have any effect on enforcement under any other Federal law. (c) Definitions In this section: (1) COVID–19 national emergency The term COVID–19 national emergency means the period in which the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) with respect to the Coronavirus Disease 2019 (COVID–19), is in effect. (2) Defense production contract The term defense production contract means a contract that the Federal Government has entered into under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ). (3) Disability The term disability has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (4) Strategic National Stockpile The term Strategic National Stockpile means the stockpile established under section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)). | https://www.govinfo.gov/content/pkg/BILLS-117s2098is/xml/BILLS-117s2098is.xml |
117-s-2099 | II 117th CONGRESS 1st Session S. 2099 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Sasse introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow individuals who are not enrolled in a high deductible health plan to have access to health savings accounts, and for other purposes.
1. Short title This Act may be cited as the Health Savings Account Expansion Act of 2021 . 2. Expansion of health savings account eligibility (a) In general Section 223 of the Internal Revenue Code of 1986 is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A), by striking high deductible health plan as of the first day of such month, $2,250 and inserting qualified health plan as of the first day of such month, $5,000 , and (ii) in subparagraph (B), by striking high deductible health plan as of the first day of such month, $4,500 and inserting qualified health plan as of the first day of such month, twice the dollar amount under subparagraph (A) , and (B) in paragraph (8)— (i) in subparagraph (A)(ii), by striking high deductible health plan and inserting qualified health plan , and (ii) in the heading of subparagraph (B), by striking high deductible health plan and inserting qualified health plan , (2) in subsection (c)— (A) in paragraph (1)(A), by striking high deductible health plan each place it appears and inserting qualified health plan , and (B) in paragraph (2)— (i) in the heading, by striking High deductible health plan and inserting Qualified health plan , (ii) by amending subparagraph (A) to read as follows: (A) In general The term qualified health plan means a health plan that provides a level of coverage that is designed to provide benefits that are actuarially equivalent to not greater than 80 percent of the full actuarial value of the benefits provided under the plan. , (iii) by amending subparagraph (C) to read as follows: (C) Absence of deductible A health plan shall not fail to be treated as a qualified health plan by reason of failing to have a deductible for any care, services, or coverage, such as preventive care, primary care, or prescription drug coverage. , (iv) by striking subparagraph (D), (v) by striking high deductible health plan each place it appears in subparagraphs (E) and (F) and inserting qualified health plan , and (vi) by redesignating subparagraphs (E) and (F), as amended by clause (v), as subparagraphs (D) and (E), respectively, (3) in subsection (g)(1)— (A) by striking Each dollar amount in subsections (b)(2) and (c)(2)(A) and inserting The dollar amount in subsection (b)(2)(A) , (B) by amending subparagraph (B) to read as follows: (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins, determined by substituting ‘2003’ for ‘2016’ in subparagraph (A)(ii) thereof. , and (C) by striking adjusted amounts under subsections (b)(2) and (c)(2)(A) and inserting adjusted amounts under subsection (b)(2) , and (4) in subsection (h)(2), by striking high deductible health plan and inserting qualified health plan . (b) Conforming amendments (1) Section 26(b)(2)(S) of the Internal Revenue Code of 1986 is amended by striking high deductible health plan and inserting qualified health plan . (2) Section 106(e) of such Code is amended— (A) in the heading of paragraph (3), by striking high deductible health plan and inserting qualified health plan , and (B) in paragraph (5)(B)(ii), by striking high deductible health plan and inserting qualified health plan . (3) Section 408(d)(9) of such Code is amended— (A) in subparagraph (C)— (i) in clause (i)(I), by striking high deductible health plan and inserting qualified health plan , and (ii) in clause (ii)(II), by striking high deductible health plan each place it appears and inserting qualified health plan , and (B) in the heading of subparagraph (D), by striking high deductible health plan and inserting qualified health plan . (4) Section 1906A(b)(2)(B) of the Social Security Act ( 42 U.S.C. 1396e–1(b)(2)(B) ) is amended by striking high deductible health plan and inserting qualified health plan . (5) Section 1938(a)(3) of the Social Security Act ( 42 U.S.C. 1396u–8(a)(3) ) is amended by inserting (as in effect on the day before the date of the enactment of the Health Savings Account Expansion Act of 2021 ) after section 223(c)(2)(C) of the Internal Revenue Code of 1986 . (6) Section 2105(c)(10)(B)(ii)(II) of the Social Security Act ( 42 U.S.C. 1397ee(c)(10)(B)(ii)(II) ) is amended by striking high deductible health plan and inserting qualified health plan . (7) Section 1101(c)(2)(B)(ii) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18001(c)(2)(B)(ii) ) is amended by striking section 223(c)(2) and inserting section 223(b)(2) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2099is/xml/BILLS-117s2099is.xml |
117-s-2100 | II 117th CONGRESS 1st Session S. 2100 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mrs. Feinstein (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to ensure the safety of cosmetics.
1. Short title; table of contents (a) Short title This Act may be cited as the Personal Care Products Safety Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Cosmetic Safety Sec. 101. Registration of cosmetics facilities and cosmetic ingredient statements. Sec. 102. Review of ingredients and non-functional constituents. Sec. 103. Good manufacturing practices for cosmetics. Sec. 104. Adverse event reports. Sec. 105. Records inspection; mandatory recall authority. Sec. 106. Labeling. Sec. 107. Coal tar chemicals. Sec. 108. Fragrance allergen disclosure. Sec. 109. Sense of the Senate on animal testing. Sec. 110. Preemption. Sec. 111. Reporting. Sec. 112. Small businesses. Sec. 113. Applicability with respect to certain cosmetics. Sec. 114. Enforcement. Sec. 115. Consumer information. Sec. 116. Ban on perfluoroalkyl or polyfluoroalkyl substances. Sec. 117. Counterfeit cosmetics. TITLE II—Fees Related to Cosmetic Safety Sec. 201. Findings. Sec. 202. Authority to assess and use cosmetic safety fees. Sec. 203. Direct hiring authority to support activities related to cosmetics. I Cosmetic Safety 101. Registration of cosmetics facilities and cosmetic ingredient statements (a) Amendments Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ) is amended by adding at the end the following: 604. Definitions In this chapter: (1) Cosmetic formulation The term cosmetic formulation means a preparation of cosmetic raw materials with a qualitatively and quantitatively set composition. (2) Cosmetic product The term cosmetic product means a preparation of cosmetic raw ingredients, which may come in a range of possible amounts for each ingredient, for purposes of introduction into interstate commerce as a finished product. (3) Facility The term facility includes any factory, warehouse, or establishment (including a factory, warehouse, or establishment of an importer) that manufactures or processes cosmetic products or cosmetic formulations, or any other entity whose name and address appear on the label of a cosmetic product. Such term does not include— (A) beauty shops and salons that do not otherwise manufacture, process, or package cosmetics at that location; (B) cosmetic product retailers, including individual sales representatives, direct sellers, retail distribution facilities, and pharmacies, that do not otherwise manufacture, process, or package cosmetics at that location; (C) hospitals, physicians’ offices, and health care clinics; (D) public health agencies and other nonprofit entities that provide cosmetics directly to the consumer; (E) hotels and other entities that provide complimentary cosmetics to guests; (F) trade shows and other venues where cosmetic product samples are provided free of charge; (G) a factory, warehouse, or establishment of— (i) domestic manufacturers with less than $500,000 in average gross annual sales of cosmetic products in the United States for the previous 3-year period, or less than $1,000,000 in such sales of cosmetic products produced in a private residence; or (ii) entities that manufacture or compound cosmetic products solely for use in research, teaching, or pilot plant production and not for sale; or (H) an establishment that solely performs one or more of the following with respect to cosmetic products: labeling, relabeling, packaging, repackaging, holding, or distributing. (4) Foreign facility The term foreign facility means a facility that manufactures or processes a cosmetic formulation or cosmetic product that is exported to the United States without further processing or packaging inside the United States. A cosmetic is not considered to have undergone further processing or packaging for purposes of this definition solely on the basis that labeling was added or that any similar activity of a de minimis nature was carried out with respect to the cosmetic. (5) Non-functional constituent The term non-functional constituent means any substance that is an incidental component of an ingredient, a breakdown product of an ingredient or a byproduct of the manufacturing process that has not been intentionally added as a separate substance and serves no technical function in the cosmetic. (6) Responsible person The term responsible person means— (A) the brand owner who is the domestic or foreign manufacturer or entity whose name appears on a cosmetic product label of a cosmetic product distributed in the United States, except for entities described in subparagraphs (A) through (H) of paragraph (3); or (B) a contract manufacturer who provides cosmetic products to the entities described in subparagraphs (A) through (H) of paragraph (3). . 605. Registration of cosmetic facilities (a) Registration and fees for existing manufacturing or processing of cosmetics (1) Registration, in general Not later than 1 year after the date of enactment of the Personal Care Products Safety Act , and at a similar time in each subsequent year, as determined by the Food and Drug Administration, each responsible person engaged in manufacturing or processing a cosmetic product or a cosmetic formulation distributed in the United States shall register all of the responsible person’s facilities with the Food and Drug Administration. (2) Fees If the average gross annual sales in the United States of cosmetic products of all of the responsible person’s facilities registered under paragraph (1) for the previous 3-year period is greater than $10,000,000, a registration shall not be complete under this subsection until the responsible person has paid any registration fee required under section 744O. (b) Registration by new facilities Any facility first engaging after the date of enactment of the Personal Care Products Safety Act in an activity that would require it to register under subsection (a) shall register with the Food and Drug Administration within 60 days of first engaging in such activity, and thereafter in accordance with subsection (a). (c) Contract manufacturers If a facility manufactures or processes cosmetic products on behalf of a responsible person, the Food and Drug Administration shall require only a single registration for such facility even if such facility is manufacturing or processing its own cosmetic products or cosmetic products on behalf of more than 1 responsible person. Such single registration may be submitted to the Food and Drug Administration by such facility or any responsible person whose products are manufactured or processed at such facility. (d) Changes to information A registrant who has submitted a registration under this section shall notify the Food and Drug Administration of any change to the information required under subsection (a) or (b) not later than 60 days after the date of such change, unless otherwise specified by the Food and Drug Administration. (e) Format; contents (1) Electronic format Each registration shall be submitted using an electronic format, as specified in a registration form provided by the Food and Drug Administration. (2) Contents (A) In general Except as provided in subparagraph (B), the registration shall contain the following information: (i) Each facility’s name and full address, identifying the precise physical location of the facility. (ii) The identity of the facility, including the unique facility identifier, if any, previously assigned by the Food and Drug Administration to the facility under subsection (h). (iii) All business trading names used by the facility. (iv) The product category or categories of each cosmetic product or cosmetic formulation manufactured or processed at the facility or on whose label the facility’s name and address appear. (v) The type of activity conducted at the facility (such as manufacturing or processing). (vi) The name, title, street address, telephone number, and electronic contact information of the emergency contact for the facility. (vii) In the case of a foreign facility, the name, street address, telephone number, emergency contact information, and name of the United States agent for the facility, and, if available, the electronic contact information of the United States agent. (viii) The name, title, street address, telephone number, and electronic contact information of the individual submitting the registration. (ix) An assurance that the Food and Drug Administration will be permitted to inspect such facility at the times and in the manner permitted by this Act. (x) Additional information pertaining to the facility or to the cosmetic products or cosmetic formulations manufactured or processed at the facility, or on whose label the facility’s name and address appear, including all brand names known to consumers, as the Food and Drug Administration may require by regulation. (xi) An ingredient listing for all cosmetic products manufactured or processed in such facility, in accordance with subsection (f), which, for each relevant cosmetic product, may be submitted to the Food and Drug Administration as part of such registration or separately. (xii) A written assurance that each cosmetic product manufactured or processed in such facility has been substantiated for safety or carries the warning required under section 740.10 of title 21, Code of Federal Regulations (or any successor regulations). The responsible person shall maintain records documenting any such substantiation of safety and the information on which such determination is based until 5 years after the finished product is no longer marketed, except that a responsible person for a domestic company whose sales are under $2,000,000 per year shall maintain such records for at least 2 years after the finished product is no longer marketed. (B) Small businesses (i) Requirements In the case of a registrant described in clause (ii), the registration shall contain the following information: (I) Each facility’s name and full address, identifying the precise physical location of the facility. (II) The name, title, street address, telephone number, and electronic contact information of the emergency contact for the facility. (III) The consumer product category or categories of each cosmetic product or cosmetic formulation manufactured, processed, packed, or held at the facility or on whose label the facility’s name and address appear. (ii) Small business registrants A registrant described in this clause is a domestic registrant— (I) whose average gross annual sales in the United States of cosmetic products for the previous 3-year period is between $500,000 and $2,000,000 (or between $1,000,000 and $2,000,000 in the case of sales of cosmetic products produced in a private residence); and (II) who does not produce— (aa) products that are intended to go on the eye area; (bb) lip products with color; (cc) products that are injected; (dd) products that are intended for internal use; or (ee) products that are meant to alter appearance for more than 24 hours. (iii) Guidance The Food and Drug Administration shall, after consultation with the Small Business Administration and small businesses that manufacture cosmetics, provide additional guidance for small businesses on compliance with the requirements of this section that would apply to small business registrants. Such guidance shall include specific examples of options for compliance that do not place an undue burden on small businesses. (3) Abbreviated registration The Food and Drug Administration shall provide for an abbreviated registration renewal process for any registrant that has not had any changes to the required information with respect to the facility or facilities involved since the registrant submitted the preceding registration. (f) Cosmetic product ingredient listing (1) In general The ingredient listing required pursuant to subsection (e)(2)(A)(xi) shall include— (A) the unique identifier assigned under section (h), as applicable, of— (i) each facility where the cosmetic product is manufactured or processed; and (ii) the facility whose name and address appear on the label, unless the statement is filed by a contract manufacturer described in section 604(6)(B); (B) the brand name and the full name for the cosmetic product as it appears on the label; (C) the cosmetic product listing number, if any, previously assigned to the cosmetic product by the Food and Drug Administration under paragraph (4); (D) the applicable cosmetic category for the cosmetic product; (E) a list of ingredients in the cosmetic product, including a range of possible amounts of each ingredient, identified by the name adopted in regulations promulgated by the Food and Drug Administration, if any, or by the common or usual name of the ingredient, which shall include— (i) a list of fragrances, flavors, and colors that may be included in the product, interchangeably, with ranges of possible amounts, which shall include— (I) in the case of fragrances that are purchased from a fragrance supplier, identification of the fragrances by the name or code provided by the supplier, including the name and contact information for the fragrance supplier; and (II) in the case of flavors that are purchased from a flavor supplier, identification of the flavors by the name or code provided by the supplier, including the name and contact information for the flavor supplier; and (ii) other appropriate interchangeable ingredients as the Food and Drug Administration may specify in regulations or guidance that may be included in the product, with ranges of possible amounts; (F) the title and full contact information of each individual submitting the statement; (G) if applicable, information on the labeling required under section 612; and (H) if applicable, information showing that the cosmetic ingredient or ingredients in the product meet any specified conditions of use or tolerances required following a final determination of safety under section 607(d). (2) Additional information In the case of a cosmetic ingredient statement that includes a list of fragrances or flavors that are purchased from a fragrance or flavor supplier as described in paragraph (1)(E)(i), upon request by the Food and Drug Administration, the fragrance or flavor supplier shall submit to the Food and Drug Administration the complete list of ingredients in specific fragrances or flavors, not later than 30 days after receiving such request. (3) Cosmetic product ingredient statement for new or reformulated cosmetic products (A) In general Except as provided under subparagraph (B), in the case of a cosmetic product that is first marketed after the date of enactment of the Personal Care Products Safety Act or a cosmetic product that is reformulated after such date of enactment, the responsible person shall submit a cosmetic ingredient statement to the Food and Drug Administration within 60 days of first marketing the new cosmetic product or reformulated cosmetic product, and annually thereafter. (B) Small businesses The Food and Drug Administration shall allow a responsible person that is a business that meets the applicable industry-based small business size standard established by the Administrator of the Small Business Administration under section 3 of the Small Business Act to have a period longer than 60 days to submit an initial new cosmetic ingredient statement under subparagraph (A). (C) Definition A cosmetic product shall not be considered first marketed or reformulated after the date of enactment under subparagraph (A) if the only change in such product is in— (i) the amount of an existing ingredient if it is within the range previously reported under paragraph (1)(E); or (ii) the addition or subtraction of a fragrance, flavor, or color, or such other interchangeable ingredients specified by the Food and Drug Administration in regulations or guidance, previously reported as a potential ingredient under paragraph (1)(E), if, in the case of such an addition, the amount is within the range previously reported. (4) Cosmetic products list At the time of the initial submission of any cosmetic ingredient statement under this section, the Food and Drug Administration shall assign a unique cosmetic product listing number to the cosmetic ingredient statement. Based on such cosmetic ingredient statements, the Food and Drug Administration shall compile and maintain a list of cosmetic products distributed in the United States, including the ingredients of each such product, and shall make available such list to any State, upon request. Information disclosed to a State that is exempt from disclosure under section 552(b)(4) of title 5, United States Code, shall be treated as a trade secret and confidential information by the State. (g) Incomplete or inaccurate registration (1) In general Not earlier than 10 days after providing notice of the intent to cancel a registration and the basis for such cancellation, the Food and Drug Administration may cancel a registration under this section if the Food and Drug Administration has reasonable grounds to believe that the registration was not properly completed or updated in accordance with this section or otherwise contains false, incomplete, or inaccurate information. (2) Timely update or correction If, not later than 7 days after receipt of a notice of intent to cancel, the responsible person corrects the registration in accordance with the basis for the cancellation, and the required registration fee, if any, is paid, the Food and Drug Administration shall not cancel such registration. (h) Unique identifier At the time of the initial registration of any cosmetic facility under this section, the Food and Drug Administration shall assign a unique identifier to the facility. (i) Registry of facilities (1) In general The Food and Drug Administration shall compile, maintain, and update a registry of facilities that are registered under this section, and shall remove from such registry the name of any facility whose registration under this section is cancelled. The registry shall be publicly available. (2) Public availability exceptions Information derived from the registry or registration documents that discloses the residential address of a registrant or that discloses specific facilities where specific cosmetic products are manufactured or processed shall not be subject to disclosure under section 552 of title 5, United States Code. 606. Suspension of registration or cosmetic ingredient statement (a) Suspension of registration of a facility If the Food and Drug Administration determines that a cosmetic formulation or cosmetic product manufactured or processed by a registered facility and distributed in the United States has a reasonable probability of causing serious adverse health consequences or death to humans, and the Food and Drug Administration has a reasonable belief that other products manufactured or processed by the facility may be similarly affected because of a failure that cannot be isolated to a single product or products or is sufficiently pervasive to raise concerns about other products manufactured in the facility, the Food and Drug Administration may suspend the registration of a facility. (b) Suspension of cosmetic ingredient statement If the Food and Drug Administration determines that a cosmetic product manufactured in a registered facility has a reasonable probability of causing serious adverse health consequences or death to humans, the Food and Drug Administration may suspend the cosmetic ingredient statement of that product. (c) Notice of suspension Before suspending a facility registration or a cosmetic ingredient statement under this section, the Food and Drug Administration shall provide— (1) notice to the facility registrant of the cosmetic product or formulation or other responsible person, as appropriate, of the intent to suspend the facility registration or the cosmetic ingredient statement, which shall specify the basis of the determination by the Food and Drug Administration that the facility or the cosmetic ingredient should be suspended and recommendations for specific actions to avoid suspension; and (2) an opportunity, within 2 business days of the notice provided under paragraph (1), for the responsible person to address the reasons for possible suspension of the facility registration or cosmetic ingredient statement. (d) Reinstatement Upon a determination by the Food and Drug Administration that adequate grounds do not exist to continue the suspension actions, the Food and Drug Administration shall promptly vacate the suspension and reinstate the registration of the facility or the cosmetic ingredient statement. (e) Effect of suspension (1) Registration If the registration of a facility is suspended under this section, no person shall introduce or deliver for introduction into interstate commerce cosmetics or cosmetic products from such facility. (2) Cosmetic ingredient statement If the cosmetic ingredient statement for a cosmetic product is suspended under this section, no person shall introduce or deliver for introduction into interstate commerce any cosmetic product that is the subject of such statement. (f) No delegation The authority conferred by this section to issue an order to suspend a registration or vacate an order of suspension shall not be delegated to any officer or employee other than the Commissioner. . 102. Review of ingredients and non-functional constituents (a) Amendments Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 101, is further amended by adding at the end the following: 607. Review of ingredients and non-functional constituents (a) Ingredients and non-Functional constituents subject to review (1) In general The Food and Drug Administration shall review the safety of the cosmetic ingredients and non-functional constituents listed under paragraph (3), as modified under subsection (c), if applicable, and issue an order under subsection (d) with respect to the use of each such ingredient and presence of each such non-functional constituent. (2) Public notice and comment At the initiation of the review of each cosmetic ingredient or non-functional constituent, the Food and Drug Administration shall open a docket for the submission of public comment and additional data relevant to the safety of the ingredient or non-functional constituent. The Food and Drug Administration shall provide 60 days for public comment. (3) Cosmetic ingredients (A) In general Beginning in fiscal year 2022, the Food and Drug Administration shall annually select and complete a safety review of at least 5 cosmetic ingredients or non-functional constituents that were not reviewed in the prior 3 years, from a list determined in consultation with the cosmetic industry and consumer and health groups. The Food and Drug Administration may combine selected cosmetics ingredients or non-functional constituents into categories for purposes of such review. The Food and Drug Administration may modify such list under subsection (c). (B) Considerations The determination of which ingredients or functional ingredients will be reviewed in a given year shall be publicized in annual reports to Congress and the public, in accordance with section 617. The review of any cosmetic ingredient or non-functional constituent shall commence with a public announcement by the Food and Drug Administration and the opening of a docket as required under paragraph (2). (4) Comment period As part of the annual reporting to Congress and the public under section 617, the Food and Drug Administration shall solicit public comment on which cosmetic ingredients or non-functional constituents on the list are of greatest interest to be reviewed next for early review and which additional cosmetic ingredients or non-functional constituents should be added to the list. The public may submit comments to the Food and Drug Administration at any time during the year regarding which cosmetic ingredients or non-functional constituents of interest the Food and Drug Administration may consider during that year or subsequent years. (b) List The Food and Drug Administration shall maintain a list, posted on the internet website of the Food and Drug Administration, of the cosmetic ingredients and non-functional constituents for which final orders have been issued under subsection (d)(3), the finding made for each such ingredient or non-functional constituent under subsection (d)(4), as modified by any order under subsection (f), if applicable, and, if applicable, compliance dates that are the subject of a final order under subsection (e). (c) Initiative of the FDA The Food and Drug Administration may at any time propose the issuance of an order on the safety of a cosmetic ingredient or non-functional constituent that was not previously listed in subsection (a) or under section 617(a)(3). The Food and Drug Administration shall follow the same procedures and policies for review of any cosmetic ingredient or non-functional constituent so proposed as for the ingredients and constituents reviewed pursuant to subsection (a). (d) Determination on safety (1) Initial proposed administrative order Following consideration of data and comments to the public docket and any other information before the Food and Drug Administration, the Food and Drug Administration shall determine whether there is adequate evidence to make an initial finding on the safety of the ingredient or non-functional constituent. If the Food and Drug Administration determines that there is adequate evidence, the Food and Drug Administration shall issue a proposed administrative order and shall post such order on the internet website of the Food and Drug Administration, notwithstanding subchapter II of chapter 5 of title 5, United States Code. (2) Public comment Upon publication of the proposed administrative order described in paragraph (1), the Food and Drug Administration shall open a docket for the submission of public comment. The Food and Drug Administration shall provide 30 days for public comment following publication of the proposed administrative order. (3) Final administrative order Following the public comment period described in paragraph (2) and consideration of comments to the public docket and any other information before the Food and Drug Administration, the Food and Drug Administration shall determine whether there is adequate evidence to make a final finding on the safety of the ingredient or non-functional constituent. If the Food and Drug Administration determines that there is adequate evidence, the Food and Drug Administration shall issue a final administrative order and shall post such order on the internet website of the Food and Drug Administration, notwithstanding subchapter II of chapter 5 of title 5, United States Code. (4) Determinations In the proposed administrative order or the final administrative order, as applicable, the Food and Drug Administration shall make a determination that the ingredient or non-functional constituent is— (A) safe in cosmetic products under specified conditions of use or tolerances; (B) safe in cosmetic products without the need for specified conditions of use or tolerances; or (C) not safe in cosmetic products. (5) Conditions of use and tolerances An order under paragraph (4)(A) shall include such conditions on the use of an ingredient or such tolerances on the presence of a non-functional constituent as are necessary for the safety of cosmetic products containing such ingredient or non-functional constituent, including— (A) limits on the amount or concentration of the ingredient or non-functional constituent that may be present in a cosmetic product, including limits in products intended for children and other vulnerable populations, and limits on use near the eye or mucosal membranes; (B) warnings that are necessary or appropriate under section 612, including warnings related to use by children, pregnant women, populations with high exposure to the ingredient (such as workers who are exposed through production practices or handling of final products), or other vulnerable populations, to help ensure safe use of cosmetic products containing the ingredient or non-functional constituent; and (C) such other screening, safety protocol, or other similar conditions as are necessary for the safety of cosmetic products containing such ingredient or non-functional constituent. (6) Public notice A final order under this subsection shall set forth the determination of the Food and Drug Administration on safety, any conditions of use or tolerances under subparagraph (A) or (B) of paragraph (4) and a summary of the valid scientific evidence supporting the finding. The order shall be effective upon its publication on the internet website of the Food and Drug Administration and shall be considered final agency action. (e) Order (1) In general If the Food and Drug Administration issues a final administrative order under subparagraph (A) or (C) of subsection (d)(4), the Food and Drug Administration shall, at the same time as publication of the notice under subsection (d)(6), publish a proposed order identifying dates by which use of the ingredient or non-functional constituent in cosmetic products shall comply with the final administrative order, and provide 60 days for public comment, including comment on whether compliance is feasible within the proposed dates. After considering comments on the proposed order, the Food and Drug Administration shall publish in the Federal Register a final order. (2) Content The public notice information regarding the final order under paragraph (1) shall include a summary that is written in plain and understandable language that is comprehensible and meaningful for consumers. The summary shall include information on any conditions of use or warnings required under section 612, including the application to vulnerable populations, the types of safety studies evaluated, and any additional relevant information that was part of the review process. (f) Modification of an order An order issued under subsection (d) or (e) may be modified or revoked by the Food and Drug Administration on the initiative of the Food and Drug Administration or in response to a petition. (g) Inadequate evidence (1) Notice; Extension If the Food and Drug Administration determines that the available data and information are not adequate to make a proposed or final determination regarding safety under subsection (d)(4), with respect to a cosmetic ingredient or non-functional constituent, the Food and Drug Administration shall— (A) publish such finding on the internet website of the Food and Drug Administration not later than 90 days after the close of the relevant comment period for the ingredient or non-functional constituent under subsection (a)(2), in the case of a proposed order, or subsection (d)(2), in the case of a final order; and (B) (i) include a notice providing interested persons an additional 30 days from the notice date to provide additional data and information; and (ii) if, after the 30-day period under clause (i), the Food and Drug Administration determines that additional safety substantiation with respect to such ingredient or non-functional constituent is necessary to make a safety determination— (I) include a notice specifying an additional time period, not to exceed 18 months from the notice date, during which time the assurance made by a responsible person under section 605(e)(2)(A)(xii) with respect to the safety of such cosmetic ingredient or non-functional constituent shall be deemed to be in compliance with the requirements of this Act, but shall not affect final determinations of safety under subsection (d); and (II) plan to obtain such data and information. (2) Determination; Order (A) Inadequate data and information If the Food and Drug Administration determines, after considering any additional data and information submitted under paragraph (1)(B), that the available data and information still are not adequate to make a determination regarding safety under subsection (d)(4), the Food and Drug Administration shall, within 90 days of the close of the additional time period provided under paragraph (1)(B), issue a proposed order or a final administrative order— (i) making a determination that the ingredient or non-functional constituent has not been shown to be safe in cosmetic products; and (ii) explaining why the available data and information are not adequate to assess the safety of the ingredient or non-functional constituent. (B) Adequate data and information If the Food and Drug Administration determines, after considering any additional data and information submitted under paragraph (1)(B), that the available data and information are adequate to make a determination regarding safety under subsection (d)(4), the Food and Drug Administration shall, within 180 days of the close of the comment period, issue a proposed order, followed by a final order, on such cosmetic ingredient or non-functional constituent, in accordance with such subsection. (h) Safety assessment (1) In general In assessing the safety of an ingredient or non-functional constituent, the Food and Drug Administration shall consider whether there is adequate evidence to support a reasonable certainty among competent scientists that the ingredient is not harmful under the recommended or suggested conditions of use or customary or usual use, or that a non-functional constituent is not harmful under the recommended or suggested tolerance levels or the level at which it is customarily or usually present. The Food and Drug Administration may not consider an ingredient or non-functional constituent harmful solely because it can cause minor adverse health reactions, such as minor transient allergic reactions or minor transient skin irritations, in some users. (2) Factors In assessing the safety of an ingredient or non-functional constituent, the Food and Drug Administration shall consider, among other relevant factors, the following: (A) The probable human exposure to the ingredient or non-functional constituent from expected use in cosmetics. (B) The probable cumulative and aggregate effect in humans of relevant exposure to the ingredient or non-functional constituent or to any chemically or pharmacologically related substances from use in cosmetics or other products with similar routes of exposure under recommended or suggested conditions of use or their customary use, to the extent adequate data is available for analysis. In appropriate cases, the Food and Drug Administration may consider available information on the total exposure to an ingredient or non-functional constituent from all sources. (C) Whether warnings or recommendations in a product label required under section 612, as part of any conditions of use or tolerances imposed by the Food and Drug Administration, would be necessary and appropriate to help ensure the safety of the ingredient or non-functional constituent. (3) Data and information (A) Required information A determination that an ingredient or non-functional constituent is safe in cosmetics shall be based upon adequate evidence submitted or otherwise known to the Food and Drug Administration, which shall include full reports of all available studies, published or unpublished, that are adequately designed to show whether the ingredient or non-functional constituent is safe. Such studies may include in vitro and in silico studies and epidemiological studies, biomonitoring studies, and studies focused on various points during the lifespan of the subject, that use scientifically valid methodology. (B) Additional relevant information The Food and Drug Administration shall consider any other relevant information related to the safety of the ingredient or non-functional constituent, including— (i) adverse event reports; (ii) findings and information from State, Federal, national, and international entities and other bodies composed of scientific and medical experts; (iii) if the ingredient or non-functional constituent is lawfully used or present in other products regulated by the Food and Drug Administration, the scientific basis for such use; and (iv) experience with the ingredient or non-functional constituent in products that are distributed in the United States or in other countries, if such experience is well-documented and has resulted in substantial human exposure to the ingredient or non-functional constituent over time. (i) Coal-Tar Hair Dye Coal-tar hair dye shall be subject to the conditions of section 601(a) unless the Food and Drug Administration has issued a final determination for a coal-tar hair dye ingredient under subsection (d)(4)(C). (j) Certain ingredients imparting pigment Ingredients imparting pigment to cosmetic products that are subject to review and approval pursuant to section 721(b) shall not be subject to review under this section. . (b) GAO report The Comptroller General of the United States shall conduct a review of the program of review of cosmetic ingredients and non-functional constituents under section 607 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), and, not later than 5 years after the date of enactment of this Act, issue a report on such review. 103. Good manufacturing practices for cosmetics (a) In general Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 102, is further amended by adding at the end the following: 608. Good manufacturing practices for cosmetics (a) In general The Food and Drug Administration shall review national and international standards for cosmetic good manufacturing practices that are in existence on the date of enactment of the Personal Care Products Safety Act and shall develop and implement, through regulations, standards consistent, to the extent the Food and Drug Administration determines practicable and appropriate, with such national and international standards for cosmetic good manufacturing practices to ensure that requirements of this chapter with respect to the manufacture of cosmetic products are in harmony. (b) Consultation The standards under subsection (a) shall include simplified good manufacturing practices for small businesses that take into account the size and scope of the business, developed in consultation with the Small Business Administration. (c) Timeframe The Food and Drug Administration shall publish a proposed rule described in subsection (a) not later than 18 months after the date of enactment of the Personal Care Products Safety Act and shall publish a final such rule not later than 3 years after such date of enactment. . (b) Effective date for cosmetic manufacturers (1) Large businesses For businesses of a size greater than the Small Business Administration’s standard for a small business, section 608 of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) shall take effect beginning 180 days after the date on which the Food and Drug Administration makes effective cosmetic good manufacturing practices. (2) Small businesses For businesses of a size that meets the Small Business Administration’s standard for a small business, section 608 of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) shall take effect beginning 2 years after the date the Food and Drug Administration makes effective cosmetic good manufacturing practices. 104. Adverse event reports Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 103(a), is further amended by adding at the end the following: 609. Adverse event reporting for cosmetics (a) In general With respect to any cosmetic product distributed in the United States, the responsible person shall submit to the Food and Drug Administration a report of any serious adverse event associated with such cosmetic product, when used in the United States, accompanied by a copy of the label on or with the retail packaging of the cosmetic, any new medical information, related to a submitted serious adverse event report that is received by the responsible person, and an annual report for all adverse events received by the responsible person. (b) Definitions In this section: (1) An adverse event for a cosmetic product is a health-related event associated with the use of this product that is adverse. (2) A serious adverse event for a cosmetic product is an adverse event that— (A) results in— (i) death; (ii) a life-threatening experience; (iii) inpatient hospitalization; (iv) a persistent or significant disability or incapacity; (v) congenital anomaly or birth defect; or (vi) significant disfigurement, including serious and persistent rashes or infections and significant hair loss; or (B) requires, based on appropriate medical judgment, a medical or surgical intervention to prevent an outcome described in subparagraph (A). (c) Submission of reports (1) Serious adverse event reports Except as provided in paragraph (2), with respect to a cosmetic product distributed in the United States, the responsible person shall submit a serious adverse event report to the Food and Drug Administration not later than 15 business days after information concerning the adverse event is received. If a serious adverse event report for a cosmetic with drug properties is filed using Form FDA 3500A (or any successor form developed for such purpose) or its electronic equivalent for over-the-counter drugs, the responsible person shall not have to submit a duplicative serious adverse event report under this section. (2) New medical information The responsible person shall submit to the Food and Drug Administration any new medical information, related to a submitted serious adverse event report that is received by the responsible person within 1 year of the initial report, and shall submit such information not later than 15 business days after the new information is received by the responsible person. (3) Consolidation of reports The Food and Drug Administration shall provide for systems to enable the responsible person to submit a single report that includes duplicate reports of, or new medical information related to, a serious adverse event. (4) Annual report (A) In general Not later than March 1 of each year, except as provided under subparagraph (C), the responsible person shall submit an electronic report for the prior calendar year for each cosmetic product marketed during that year. (B) Contents Each report under this paragraph shall contain a summary of all adverse events received during the reporting period, a complete list of individual reports, and an estimate of the total number of product units estimated to have been distributed to consumers in the United States during such period. The report shall not include consumer complaints that are solely regarding efficacy and do not contain any information about an adverse event. The Food and Drug Administration shall further specify the contents of the annual electronic report by regulation or guidance. (C) Small business exception In the case of a domestic facility for which the average gross annual sales in cosmetic products in the United States over the previous 3-year period is not more than $2,000,000, the responsible person is not required to submit an annual report under this paragraph. (5) Exemption The Food and Drug Administration may establish by regulation an exemption to any of the requirements under this subsection if the Food and Drug Administration determines that such exemption is supported by adequate evidence and would have no adverse effect on public health. (d) Requirements (1) In general Each serious adverse event report under this section shall be submitted to the Food and Drug Administration using an electronic system of the Food and Drug Administration. The Food and Drug Administration shall make such electronic system available not later than 1 year after the date of enactment of the Personal Care Products Safety Act . (2) Modification The format of the reporting system may be modified by the Food and Drug Administration and the reports may include additional information. The Food and Drug Administration may, in guidance, further specify the format and contents of required reports. (3) Scope of serious adverse event report A serious adverse event report (including all information submitted in the initial report or added later) submitted to the Food and Drug Administration under subsection (a) includes— (A) a report under section 756 with respect to safety and related to a specific cosmetic product; (B) a record about an individual who suffered the serious adverse event under section 552a of title 5, United States Code; (C) a medical or similar file documenting the serious adverse event, the disclosure of which would constitute a violation of section 552(b)(6) of such title 5, and shall not be publicly disclosed unless all personally identifiable information is redacted; and (D) contact information for the individual reporting the serious adverse event. (4) Responsibility to gather information After an individual initiates the reporting of a serious adverse event, the responsible person for the cosmetic product shall actively gather all of the information to complete and file the report with the Food and Drug Administration. (5) No adverse events to report The Food and Drug Administration shall provide an option as part of the electronic registration process for the responsible person to indicate if such responsible person had no adverse events to report over the previous year. With respect to a responsible person who received no adverse event reports for a year, the annual adverse event report requirement may be met by indicating no such events on the annual registration form. (e) Limitation with respect to adverse event reports The submission of an adverse event report in compliance with subsection (a) shall not constitute an admission that the cosmetic involved caused or contributed to the adverse event. (f) Contact information The label of a cosmetic shall bear the domestic telephone number or electronic contact information, and it is encouraged that the label include both the telephone number and electronic contact information, through which the responsible person may receive a report of an adverse event. (g) Maintenance of records The responsible person shall maintain records related to each report of an adverse event received by the responsible person for a period of 6 years. (h) Availability to States The Food and Drug Administration shall make available records submitted under this section to any State, upon request. Information disclosed to a State that is exempt from disclosure under section 552(b)(4) of title 5, United States Code, shall be treated as a trade secret and confidential information by the State. (i) Effective date of requirement with respect to serious adverse events The requirement under this section to report serious adverse events shall become effective on the date that the Food and Drug Administration publicizes the availability of the electronic system described in subsection (d)(1). . 105. Records inspection; mandatory recall authority Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 104, is further amended by adding at the end the following: 610. Inspection of cosmetic records (a) Inspection of records Each manufacturer or processor of a cosmetic shall, at the request of an officer or employee duly designated by the Food and Drug Administration, permit such officer or employee, upon presentation of appropriate credentials and written notice to such person, at reasonable times and within reasonable limits and in a reasonable manner, to have access to and copy— (1) all records maintained under section 605(e)(2)(A)(xii) or 609 and in accordance with the rules promulgated by the Food and Drug Administration under section 608, as applicable; and (2) except as provided in subsection (b), all other records, if the Food and Drug Administration— (A) has a reasonable belief that the cosmetic— (i) is adulterated; (ii) has caused a reportable serious adverse event; or (iii) contains an ingredient that substantial new scientific information shows may be unsafe when present in a cosmetic; and (B) provides written notice of the basis for the Food and Drug Administration’s reasonable belief described in subparagraph (A). (b) Exclusions No inspection authorized by this section shall extend to financial data, pricing data, personnel data (other than data as to qualification of technical and professional personnel performing functions subject to this Act), research data (other than safety data), or sales data other than shipment data. (c) Scope The requirements under subsection (a) apply to records maintained by or on behalf of such person in any format (including paper and electronic formats) and at any location. (d) Protection of sensitive information The Food and Drug Administration shall take appropriate measures to ensure that there are effective procedures to prevent the unauthorized disclosure of any trade secret or confidential information that is obtained by the Food and Drug Administration pursuant to this section. Information disclosed to a State that is exempt from disclosure under section 552(b)(4) of title 5, United States Code, shall be treated as a trade secret and confidential information by the State. (e) Limitations This section shall not be construed— (1) to limit the authority of the Food and Drug Administration to inspect records or to require establishment and maintenance of records under any other provision of this Act; or (2) to have any legal effect on section 552 of title 5, United States Code, or section 1905 of title 18, United States Code. (f) Submission of records (1) In general Any records required to be maintained by a responsible person under section 605(e)(2)(A)(xii) shall, upon the written request of the Food and Drug Administration to the responsible person, be provided to the Food and Drug Administration within a reasonable timeframe not to exceed 60 days, in either electronic or paper form. (2) Criteria The Food and Drug Administration may require records under paragraph (1) if— (A) the Food and Drug Administration has a reasonable belief, described in written notice, that— (i) the finished product may be harmful based on adverse event reports or other scientific information; or (ii) scientific information raises credible and relevant questions about the safety of the product or any of its ingredients; (B) the Food and Drug Administration, an expert regulatory body, or an expert body composed of scientific and medical experts finds an ingredient in the product to be unsafe under the conditions of use of the product; or (C) the Food and Drug Administration concludes that submission of the records will serve the public health or otherwise enable the Food and Drug Administration to fulfill the cosmetic safety purposes of this section. . 611. Mandatory recall authority (a) Voluntary procedures If the Food and Drug Administration determines that there is a reasonable probability that a cosmetic is adulterated under section 601 or misbranded under section 602 and the use of or exposure to such cosmetic is likely to cause serious adverse health consequences or death, the Food and Drug Administration shall provide the responsible person with an opportunity to voluntarily cease distribution and recall such article. (b) Prehearing order To mandatorily cease distribution and give notice (1) In general If the responsible person refuses to or does not voluntarily cease distribution or recall such cosmetic within the time and in the manner prescribed by the Food and Drug Administration, the Food and Drug Administration may order such person to— (A) immediately cease distribution of such cosmetic; and (B) as applicable, immediately notify all persons— (i) manufacturing, processing, packing, transporting, holding, receiving, distributing, or importing and selling such cosmetic; and (ii) to which such cosmetic has been distributed, transported, or sold (except consumers), to immediately cease distribution of such cosmetic. (2) Required additional information (A) In general If a cosmetic covered by a recall order issued under paragraph (1)(B) has been distributed to a warehouse-based third-party logistics provider without providing such provider sufficient information to know or reasonably determine the precise identity of such cosmetic covered by a recall order that is in its possession, the notice provided by the responsible person subject to the order issued under paragraph (1)(B) shall include such information as is necessary for the warehouse-based third-party logistics provider to identify the cosmetic. (B) Rules of construction Nothing in this paragraph shall be construed— (i) to exempt a warehouse-based third-party logistics provider from the requirements of this chapter, including the requirements of this section and section 610; or (ii) to exempt a warehouse-based third-party logistics provider from being the subject of a mandatory recall order. (3) Determination to limit areas affected If the Food and Drug Administration requires a responsible person to cease distribution under paragraph (1)(A) of a cosmetic, the Food and Drug Administration may limit the size of the geographic area and the markets affected by such cessation if such limitation would not compromise the public health. (c) Hearing on order The Food and Drug Administration shall provide the responsible party subject to an order under subsection (b) with an opportunity for an informal hearing, to be held as soon as possible, but not later than 2 days after the issuance of the order, on the actions required by the order and on why the cosmetic that is the subject of the order should not be recalled. (d) Post-Hearing recall order and modification of order (1) Amendment of order If, after providing opportunity for an informal hearing under subsection (c), the Food and Drug Administration determines that removal of the cosmetic from commerce is necessary, the Food and Drug Administration shall, as appropriate— (A) amend the order to require recall of such cosmetic or other appropriate action; (B) specify a timetable in which the recall shall occur; (C) require periodic reports to the Food and Drug Administration describing the progress of the recall; and (D) provide notice to consumers to whom such cosmetic was, or may have been, distributed. (2) Vacating of order If, after such hearing, the Food and Drug Administration determines that adequate grounds do not exist to continue the actions required by the order, or that such actions should be modified, the Food and Drug Administration shall vacate the order or modify the order. (e) Cooperation and consultation The Food and Drug Administration shall work with State and local public health officials in carrying out this section, as appropriate. (f) Public notification In conducting a recall under this section, the Food and Drug Administration shall— (1) ensure that a press release is published regarding the recall, and that alerts and public notices are issued, as appropriate, in order to provide notification— (A) of the recall to consumers and retailers to whom such cosmetic was, or may have been, distributed; and (B) that includes, at a minimum— (i) the name of the cosmetic subject to the recall; (ii) a description of the risk associated with such article; and (iii) to the extent practicable, information for consumers about similar cosmetics that are not affected by the recall; and (2) ensure publication on the internet website of the Food and Drug Administration of an image of the cosmetic that is the subject of the press release described in paragraph (1), if available. (g) No delegation The authority conferred by this section to order a recall or vacate a recall order shall not be delegated to any officer or employee other than the Commissioner. (h) Effect Nothing in this section shall affect the authority of the Food and Drug Administration to request or participate in a voluntary recall, or to issue an order to cease distribution or to recall under any other provision of this chapter or under the Public Health Service Act. . 106. Labeling (a) In general Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 105, is further amended by adding at the end the following: 612. Labeling (a) Safety review and labeling Following a review of cosmetic ingredients that determines that warnings are required to help ensure safe use of cosmetic products under section 607(d)(5), the Food and Drug Administration shall require labeling of cosmetics that are not appropriate for use in the entire population, including warnings that vulnerable populations, such as children or pregnant women, should limit or avoid using the product. (b) Cosmetic products for professional use (1) Definition of professional For purposes of this section, with respect to cosmetics, the term professional means an individual who— (A) is licensed by an official State authority to practice in the field of cosmetology, nail care, barbering, or esthetics; (B) has complied with all requirements set forth by the State for such licensing; and (C) has been granted a license by a State board or legal agency or legal authority. (2) Listing of ingredients Cosmetic products used and sold by professionals shall list all ingredients and warnings, as required for other cosmetic products under this chapter. (3) Professional use labeling In the case of a cosmetic product intended to be used only by a professional on account of a specific ingredient or increased concentration of an ingredient that requires safe handling by trained professionals, the product shall bear a statement as follows: To be Administered Only by Licensed Professionals . (c) Requirements (1) Display A warning required under subsection (a) and a statement required under subsection (b)(3) shall be prominently displayed— (A) in the primary language used on the label; and (B) in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed on the label. (2) Minimum warning requirements A responsible person may include on the labeling any additional warnings in addition to the minimum warnings required under subsection (a). (d) Internet sales In the case of internet sales of cosmetics, each internet website offering a cosmetic product for sale to consumers shall provide the same information, in an electronically readable format, that is included on the packaging of the cosmetic product as regularly available through in-person sales, except information that is unique to a single cosmetic product sold in a retail facility, such as a lot number or expiration date, and the warnings and statements described in subsection (c) shall be prominently and conspicuously displayed on the website. (e) Contact information The label on each cosmetic shall bear the manufacturer's toll-free domestic telephone number and electronic contact information, and it is encouraged that the label include both the telephone number and electronic contact information, that consumers may use to contact the responsible person with respect to adverse events. The contact number shall provide a means for consumers to obtain additional information about ingredients in the designated cosmetic, including the ability to ask if a specific ingredient may be present that is not listed on the label and whether a specific ingredient may be contained in the fragrance or flavor used in the cosmetic. The manufacturer of the cosmetic is responsible for providing such information, including obtaining the information from suppliers if it is not readily available. Suppliers are required to release such information upon request of the cosmetic manufacturer. . (b) Use of the term natural in labeling The Food and Drug Administration— (1) in consultation with consumer protection stakeholders and the scientific community, shall establish a definition of the term natural with respect to the use of such term in the labeling of cosmetics; (2) not later than 1 year after the date of enactment of this Act, shall issue proposed regulations setting forth such definition; and (3) not later than 2 years after such date of enactment, issue final regulations setting forth such definition. (c) Effective date Section 612 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall take effect on the date that is 1 year after the date of enactment of this Act. 107. Coal tar chemicals Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 106, is further amended by adding at the end the following: 613. Coal tar chemicals Specific ingredients in coal tar hair dyes may be selected and reviewed under section 607. If the Food and Drug Administration reviews a coal-tar ingredient found in hair dye and makes a safety determination under section 607(d) for such ingredient, such determination shall include consideration for the safe use of such ingredient through appropriate conditions of use, which may include a specific label requirement, specified limits of concentrations, or other such conditions of use as the Food and Drug Administration determines appropriate, including a finding of not safe under any conditions if appropriate. . 108. Fragrance allergen disclosure (a) In general Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 107, is further amended by adding at the end the following: 614. Fragrance allergens (a) Fragrance allergens Not later than 2 years after the date of enactment of the Personal Care Products Safety Act , the responsible person shall include on the label of any cosmetic product containing one or more fragrance allergens, a list of each such fragrance allergen present in a rinse-off cosmetic at a concentration above 0.01 percent (100 ppm) or present in a leave-on cosmetic product at a concentration above .001 percent (10 ppm), in a form and manner as specified by the Food and Drug Administration. . (b) Identified fragrance allergens The fragrance allergens required to be identified on a label of a cosmetic product pursuant to subsection (a) include— (1) alpha-Isomethyl ionone; (2) amyl cinnamal; (3) amylcinnamyl alcohol; (4) anise alcohol; (5) benzyl alcohol; (6) benzyl benzoate; (7) benzyl cinnamate; (8) benzyl salicylate; (9) butylphenyl methylpropional; (10) cinnamal; (11) cinnamyl alcohol; (12) citral; (13) citronellol; (14) coumarin; (15) eugenol; (16) evernia prunastri (oak moss); (17) evernia furfuracea (tree moss); (18) farnesol; (19) geraniol; (20) hexyl cinnamal; (21) hydroxycitronellal; (22) hydroxyisohexyl 3-cyclohexene carboxaldehyde; (23) isoeugenol; (24) limonene; (25) linalool; (26) methyl 2-octynoate; and (27) other substances as identified by the Food and Drug Administration in guidance issued pursuant to this section. (c) Guidance (1) Issuance Not later than one year after the date of enactment of the Personal Care Products Safety Act , the Food and Drug Administration shall issue guidance specifying the form and manner of fragrance allergen listing on the label of cosmetic products pursuant to subsection (a). (2) Content The guidance described in paragraph (1) shall— (A) specify the form and manner of fragrance allergen listing for cosmetic products where the package or label is too small or otherwise is unable to accommodate a label with sufficient space to bear the information required for compliance with this section; and (B) take into consideration requirements under international regulations for fragrance allergen labeling, as appropriate. (3) Updates The Food and Drug Administration may, as appropriate, update the list of fragrance allergens to include additional substances pursuant to guidance issued under this subsection and taking into consideration international regulations, as appropriate. (d) Contact information (1) In general The contact information on the label on a cosmetic product for consumers to report adverse events shall also provide a means for consumers to obtain additional information about the inclusion of any recognized fragrance allergen required to be included on such label under subsection (a). (2) Response (A) In general The responsible person shall— (i) upon receipt of a request for information under paragraph (1), promptly obtain and provide such information to the requesting consumer; and (ii) in the case of information in the possession of a supplier, promptly obtain such information from such supplier, if reasonably available. (B) Supplier A relevant supplier shall promptly provide information requested to a responsible person pursuant to subparagraph (A)(ii). . (b) Ingredient statement Section 602 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 362 ), as amended by section 114(c), is further amended by adding at the end the following: (i) If its labeling or packaging does not contain a listing of ingredients that meets the requirements of section 614. . (c) Effective date The amendments made by this section shall apply with respect to cosmetics introduced or delivered for introduction into interstate commerce on or after the date that is 2 years after the date of enactment of this Act. 109. Sense of the Senate on animal testing (a) Animal testing Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 108, is further amended by adding the following: 615. Animal testing It is the sense of the Senate that animal testing should not be used for the purposes of safety testing on cosmetic products and should be phased out with the exception of appropriate allowances. . 110. Preemption Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 109, is further amended by adding the following: 616. Preemption (a) In general No State or political subdivision of a State may establish or continue in effect any requirement for cosmetics, other than a requirement that is in full effect and implemented on the date of enactment of the Personal Care Products Safety Act — (1) with respect to registration, good manufacturing practices, mandatory recalls, or adverse event reporting; or (2) with respect to the safety of a cosmetic ingredient or non-functional constituent that is the subject of a final order on a determination of safety under this chapter, unless the requirement of the State or political subdivision is more restrictive than the final order under section 607(d)(3). (b) Safety of cosmetic ingredients and non-Functional constituents (1) Delayed effect of new State requirements (A) In general From the date that the Food and Drug Administration has made public the final selection of a cosmetic ingredient or non-functional constituent to be reviewed in the coming year under section 607(a)(3) and opened the public comment period under section 607(a)(2), until the date that is one year after the Food and Drug Administration has made public such selection, no State or political subdivision of a State may establish any new requirement related to such cosmetic ingredient or non-functional constituent. (B) Initial review With respect to the cosmetic ingredients to be reviewed in the first year, in accordance with section 607(a)(3), for the 1-year period beginning on the date that is 6 months after the date of enactment of the Personal Care Products Safety Act , no State or political subdivision of a State may establish any new requirement related to such cosmetic ingredient or non-functional constituent. (2) Scope Subsection (a)(2) shall not be construed to affect the authority of a State or political subdivision of a State with respect to any requirement for the safety of a cosmetic ingredient or non-functional constituent that is unrelated to the scope of the safety assessment under section 607. (3) Sense of Congress It is the sense of Congress that a State or political subdivision that regulates the safety of cosmetics with respect to the health of humans beyond the scope of section 607 should utilize the safety assessment criteria described in section 607(h). (c) State requirement that is in full effect and implemented For purposes of this section: (1) State requirement A State requirement includes a State requirement that is adopted by a State public initiative or referendum. (2) Full effect and implemented The term full effect and implemented includes requirements of States that are implemented after the date of enactment of the Personal Care Products Safety Act , if such requirements are under a law that was in effect, or a lawful program that was established and functioning, prior to the date of enactment of the Personal Care Products Safety Act . (d) Limitation Nothing in the amendments to this Act made by the Personal Care Products Safety Act shall be construed to preempt any State statute, public initiative, referendum, or other State action, except as expressly provided in this section. (e) Savings Nothing in the amendments to this Act made by the Personal Care Products Safety Act , nor any standard, rule, requirement, regulation, adverse event report, safety assessment, safety determination, scientific assessment, or order issued or implemented pursuant to such amendments, shall be construed to modify or otherwise affect, preempt, or displace any cause of action or State or Federal law creating a remedy for civil relief or criminal cause of action, whether statutory or based in common law. (f) Sense of the Senate It is the sense of the Senate that subsection (e) does not negate the other provisions of this section. . 111. Reporting Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 110, is further amended by adding at the end the following: 617. Reporting (a) Performance report Not later than 1 year after the date of enactment of the Personal Care Products Safety Act , and not later than 60 days prior to the end of each fiscal year for which fees are collected under section 744O, the Food and Drug Administration shall prepare and submit to Congress a report concerning the progress of the Food and Drug Administration in achieving the objectives of the Personal Care Products Safety Act during such fiscal year and the future plans of the Food and Drug Administration for meeting the objectives. The annual report for a fiscal year shall include— (1) the number of registered facilities and cosmetic ingredient statements on file with the Food and Drug Administration; (2) identification of the cosmetic ingredients and non-functional constituents that have been fully reviewed for safety by the Food and Drug Administration in the prior fiscal year and for which a final administrative order has been released; (3) identification of at least 5 specific cosmetic ingredients and non-functional constituents that will be reviewed by the Food and Drug Administration in the next fiscal year; (4) the number of facilities inspected and mandatory recalls that transpired during that fiscal year; (5) the number of serious adverse event reports received by the Food and Drug Administration during that fiscal year; and (6) any trends identified by the Food and Drug Administration about adverse event reports related to specific cosmetic ingredients or non-functional constituents. (b) Public availability The Food and Drug Administration shall make the reports required under subsection (a) available to the public on the internet website of the Food and Drug Administration on the date of submission of such reports to Congress. (c) Public input on safety review Upon release of the report described in subsection (a), the Food and Drug Administration shall provide the public with an opportunity to provide feedback, at any time during the year, on the identification of ingredients under subsection (a)(3) by— (1) providing an electronic portal, upon release of the report, enabling the public to— (A) comment on the cosmetic ingredients or non-functional constituents under review for the current year; (B) recommend additional cosmetic ingredients and non-functional constituents to be considered for review for safety in future years; and (C) comment on the priorities for the specific cosmetic ingredients and non-functional constituents that the Food and Drug Administration anticipates will be reviewed in the next fiscal year; (2) announcing on the internet website of the Food and Drug Administration, within the first 30 days of the new fiscal year, any amendments to the list of cosmetic ingredients and non-functional constituents submitted pursuant to subsection (a)(3) based on public input, pursuant to paragraph (1); and (3) together with the final announcement of at least 5 specific cosmetic ingredients and non-functional constituents that will be reviewed in the coming year under section 607, providing a comment period for further public input, pursuant to section 607(a)(2). . 112. Small businesses Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 111, is further amended by adding at the end the following: 618. Small businesses The Commissioner, in coordination with the Administrator of the Small Business Administration, shall provide technical assistance, such as guidance and expertise, to small businesses regarding compliance with the Personal Care Products Safety Act , including the amendments made by such Act. . 113. Applicability with respect to certain cosmetics Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ), as amended by section 112, is further amended by adding at the end the following: 619. Applicability with respect to certain cosmetics In the case of a cosmetic product or a facility that is subject to the requirements under this chapter and chapter V, if any requirement under chapter V with respect to such cosmetic or facility is substantially similar to a requirement under this chapter, the cosmetic product or facility shall be deemed to be in compliance with the applicable requirement under this chapter if such product or facility is in compliance with such substantially similar requirement under chapter V, provided that the product or facility has not obtained a waiver from the requirement under chapter V. In the case of a cosmetic product or facility that is subject to, and in compliance with, a fee under subchapter C of chapter VII, other than a fee under part 11 of such subchapter, any fee under such part 11 shall be waived with respect to such cosmetic product or facility (with respect to cosmetic products). . 114. Enforcement (a) Prohibited acts Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended— (1) in paragraph (e)— (A) by striking 504, 564, and inserting 504, 564, 609, 610, ; and (B) by striking 519, 564, and inserting 519, 564, 609, ; (2) in paragraph (j), by inserting 606, 607, 608, before 704 ; (3) in paragraph (ii)— (A) by striking 760 or 761) or and inserting 604, 760, or 761) or ; and (B) by striking 761) submitted and inserting 761 or as described in section 609) submitted ; (4) in paragraph (xx) by inserting or 611 after 423 ; and (5) by adding at the end the following: (fff) The failure to register in accordance with section 605, the failure to provide any information required by section 605, or the failure to update the information required by section 605, as required. . (b) Adulteration Section 601 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 ) is amended by adding at the end the following: (f) If the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to current good manufacturing practice, as prescribed by the Food and Drug Administration in accordance with section 608. (g) If it contains, after the date prescribed under section 607(e), an ingredient that the Food and Drug Administration has determined under section 607(d)(4) to be not safe, or not safe under the conditions of use recommended or suggested in the label or a non-functional constituent that the Food and Drug Administration has determined under section 607(d)(4) to be not safe or not safe in the amount present in the cosmetic. (h) If it is a cosmetic product for which assurances regarding safety substantiation have not been supplied under section 605(e)(2)(A)(xii). . (c) Misbranding Section 602 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 362 ) is amended— (1) in paragraph (b)— (A) by striking and (2) and inserting (2) ; and (B) by inserting ; and (3) a domestic address or a domestic telephone number, and it is encouraged that the label include both a domestic address and a domestic telephone number, through which the responsible person may receive a report of an adverse event associated with the use of such cosmetic product after numerical count ; and (2) by adding at the end the following: (g) If it has been manufactured or processed in any factory, warehouse, or establishment and the responsible person, operator, or agent of such factory, warehouse, or establishment delays, denies, or limits an inspection, or refuses to permit entry or inspection. (h) If its labeling does not conform with a requirement under section 612. . (d) Guidance Not later than 1 year after the date of enactment of this Act, the Food and Drug Administration shall issue guidance that defines the circumstances that would constitute delaying, denying, or limiting inspection, or refusing to permit entry or inspection, for purposes of section 602(g) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (c)(2). (e) Imports Section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ) is amended— (1) by striking section 760 or 761 the first, third, and fourth place such term appears and inserting section 609, 760, or 761 ; and (2) by striking 760 or 761) and inserting 604, 760, or 761) . (f) Factory inspection Section 704(a)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374(a)(1) ) is amended by inserting after the third sentence the following: In the case of any person who manufactures, processes, distributes, or imports a cosmetic product, or distributes a cosmetic product and affixes its name on the cosmetic label, the inspection shall extend to all records and other information described in section 610 (regarding inspection of cosmetic records), when the standard for records inspections under paragraph (1) or (2) of subsection (a) of such section applies, subject to the limitations under subsections (d) and (e) of such section. . 115. Consumer information The Food and Drug Administration shall post on its internet website information for consumers regarding— (1) final orders regarding the safety of a cosmetic ingredient or non-functional constituent under section 607(d)(3) of the Federal Food, Drug, and Cosmetic Act; (2) cosmetic product recalls (including voluntary and mandatory recalls); and (3) identified counterfeit cosmetic products. 116. Ban on perfluoroalkyl or polyfluoroalkyl substances Not later than 6 months after the date of enactment of this Act, the Food and Drug Administration shall issue a proposed rule to ban the use of intentionally added perfluoroalkyl or polyfluoroalkyl substances in cosmetics. 117. Counterfeit cosmetics (a) Counterfeit cosmetics defined Section 201(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(i) ) is amended— (1) by striking (i) The term inserting (i)(1) The term ; (2) by striking (1) articles intended to be and inserting (A) articles intended to be ; (3) by striking (2) articles intended for use and inserting (B) articles intended for use ; and (4) by adding at the end the following: (2) The term counterfeit cosmetic means a cosmetic which, or the container or labeling of which, without authorization— (A) bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a cosmetic manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed such cosmetic; and (B) thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, such other cosmetic manufacturer, processor, packer, or distributor. . (b) Prohibited act Section 301(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(i) ) is amended— (1) in subparagraph (2)— (A) by inserting digital printer, after stone, ; (B) by inserting cosmetic after drug or ; and (C) by inserting before the period at the end the following: or such cosmetic a counterfeit cosmetic ; and (2) in subparagraph (3)— (A) by inserting or a cosmetic to be a counterfeit cosmetic after to be a counterfeit drug ; and (B) by inserting or counterfeit cosmetic before the period at the end. (c) Penalties Section 303(c)(5) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(c)(5) ) is amended— (1) by inserting digital printer after stone, ; (2) by inserting or a cosmetic being a counterfeit cosmetic after drug being a counterfeit drug ; and (3) by inserting before the period at the end the following: or the cosmetic was a counterfeit cosmetic . (d) Seizure Section 304(a)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 334(a)(2) ) is amended— (1) by striking (B) Any container and all that follows through (D) Any adulterated and inserting (B) Any cosmetic that is a counterfeit cosmetic, (C) Any container of a counterfeit drug or counterfeit cosmetic, (D) Any punch, die, plate, stone, labeling, container, digital printer, or other thing used or designed for use in making a counterfeit drug or drugs or a counterfeit cosmetic or cosmetics, (E) Any adulterated ; and (2) by striking (E) and inserting (F) before Any adulterated or misbranded tobacco product . (e) Examinations and investigations Section 702(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 372(e) ) is amended— (1) in the matter preceding paragraph (1), by inserting or counterfeit cosmetics after counterfeit drugs ; (2) in paragraph (4), by inserting or cosmetics after such drugs ; and (3) in paragraph (5)— (A) by striking drugs or containers and inserting drugs, cosmetics, or containers ; and (B) by inserting digital printers, after labeling, . II Fees Related to Cosmetic Safety 201. Findings Congress finds that the fees authorized by the amendments made by this title will be dedicated to cosmetic safety activities, as set forth in the goals identified for purposes of part 11 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act, in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chairman of the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. 202. Authority to assess and use cosmetic safety fees Subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379f et seq. ) is amended by adding at the end the following: 11 Fees Relating to Cosmetics 744O. Registration fee (a) Assessment and collection (1) In general Beginning in fiscal year 2022, the Food and Drug Administration shall assess and collect an annual fee from every responsible person (referred to in this section as a registrant ) who owns or operates any facility (as defined in section 604(3)) engaged in manufacturing or processing, or whose name and address appear on the label of a cosmetic product distributed in the United States, except that this subsection shall not apply to contract manufacturers if a responsible person has already paid the appropriate fee with respect to the cosmetic product, to ensure no double fees are paid. (2) Payable date A fee under this section shall be payable during the period of initial registration and on the date of registration each year thereafter as prescribed in section 605(a)(1). (b) Definitions In this section: (1) Adjustment factor The term adjustment factor applicable to a fiscal year means the Consumer Price Index for all urban consumers (all items; United States city average) for October of the preceding fiscal year divided by such index for October 2021. (2) Affiliate The term affiliate means any business entity that has a relationship with a second business entity if, directly or indirectly— (A) one business entity controls, or has power to control, the other business entity; or (B) a third party controls, or has the power to control, both of the business entities. (3) Cosmetic product The term cosmetic product has the meaning given such term in section 604(2). (4) Cosmetic safety activities The term cosmetic safety activities — (A) means activities related to compliance by registrants under section 605 with the requirements of this Act with respect to cosmetics, including— (i) administrative activities, such as information technology support, human resources, financial management, the administration and maintenance of the cosmetic registration system and the cosmetic ingredient statement system under section 605, and fee assessment and collection under this section; and (ii) implementation and enforcement activities, such as the establishment of good manufacturing practices, the review of adverse event reports, inspection planning and inspections, and use of enforcement tools; and (B) includes activities related to implementation of section 607, regarding the review of cosmetic ingredients and non-functional constituents. (5) Gross annual sales The term gross annual sales means the average United States gross annual sales for the previous 3-year period of cosmetics for a registrant, including the sales of all of its affiliates, as reported in the registration under section 605. (c) Fee setting and amounts (1) In general Subject to subsection (d), the Food and Drug Administration shall establish the fees to be collected under this section for each fiscal year after fiscal year 2022, based on the methodology described in paragraph (3), and shall publish such fees in a Federal Register notice not later than 60 days before the beginning of each such fiscal year. (2) Fee exemption Any registrant whose gross annual sales of cosmetic products in the 3-year period immediately preceding the fiscal year for which the annual fee will be paid was not more than $10,000,000, shall be exempt from registration fees under this section for that fiscal year. (3) Annual fee setting For fiscal years 2022 through 2027, to generate a total estimated annual revenue amount of $20,600,000, the amount of the registration fee under subsection (a) shall be as follows: (A) Tier I–A For a registrant that has gross annual sales of $5,000,000,000 or more in 2020, $1,350,000. (B) Tier I–B For a registrant that has gross annual sales of at least $4,000,000,000 per annum but less than $5,000,000,000 in 2020, $850,000. (C) Tier II–A For a registrant that has gross annual sales of at least $3,000,000,000 per annum but less than $4,000,000,000 in 2020, $730,000. (D) Tier II–B For a registrant that has gross annual sales of at least $2,000,000,000 per annum but less than $3,000,000,000 in 2020, $610,000. (E) Tier III–A For a registrant that has gross annual sales of at least $1,000,000,000 per annum but less than $2,000,000,000 in 2020, $500,000. (F) Tier III–B For a registrant that has gross annual sales of at least $500,000,000 per annum but less than $1,000,000,000 in 2020, $395,000. (G) Tier IV–A For a registrant that has gross annual sales of at least $200,000,000 per annum but less than $500,000,000 in 2020, $325,000. (H) Tier IV–B For a registrant that has gross annual sales of at least $100,000,000 per annum but less than $200,000,000 in 2020, $275,000. (I) Tier V–A For a registrant that has gross annual sales of at least $80,000,000 per annum but less than $100,000,000 in 2020, $185,000. (J) Tier V–B For a registrant that has gross annual sales of at least $60,000,000 per annum but less than $80,000,000 in 2020, $95,000. (K) Tier VI–A For a registrant that has gross annual sales of at least $40,000,000 per annum but less than $60,000,000 in 2020, $15,000. (L) Tier IV–B For a registrant that has gross annual sales of at least $20,000,000 per annum but less than $40,000,000 in 2020, $12,000. (M) Tier VII–A For a registrant that has gross annual sales of at least $10,000,000 per annum but less than $20,000,000 in 2020, $500. (d) Adjustments (1) Inflation adjustment (A) In general For fiscal year 2023 and each subsequent fiscal year, the revenues and fee amounts under subsection (c)(3) shall be adjusted by the Food and Drug Administration in the annual Federal Register notice establishing fees in subsection (c)(1), by an amount equal to the sum of— (i) one; (ii) the average annual percent change in the cost, per full-time equivalent position of the Food and Drug Administration, of all personnel compensation and benefits paid with respect to such positions for the first 3 of the preceding 4 fiscal years for which data are available, multiplied by the average proportion of personnel compensation and benefits costs to total Food and Drug Administration costs for the first 3 years of the preceding 4 fiscal years for which data are available; and (iii) the average annual percent change that occurred in the Consumer Price Index for urban consumers (Washington-Baltimore, DC6 MD–VA–WV; not seasonally adjusted; all items less food and energy; annual index) for the first 3 years of the preceding 4 years for which data are available multiplied by the average proportion of all costs other than personnel compensation and benefits costs to total Food and Drug Administration costs for the first 3 years of the preceding 4 fiscal years for which data are available. (B) Compounded basis The adjustment made each fiscal year under this subsection shall be added on a compounded basis to the sum of all adjustments made each fiscal year after fiscal year 2022 under this subsection. (2) Final year adjustment For fiscal year 2027, the Food and Drug Administration may, in addition to adjustments under paragraph (1), further increase the fee revenues and fees established in subsection (c) if such an adjustment is necessary to provide for not more than 3 months of operating reserves of carryover fees for cosmetic safety activities for the first 3 months of fiscal year 2028. If such an adjustment is necessary, the rationale for the increase, shall be contained in the annual Federal Register notice establishing fees, in subsection (c)(1), for fiscal year 2027. If the Food and Drug Administration has carryover balances for such activities in excess of 3 months of such operating reserves, the adjustment under this subparagraph shall not be made. (3) Workload adjustment (A) In general For fiscal year 2023 and each subsequent fiscal year, after fee revenues established in subsection (c)(3) are adjusted for a fiscal year for inflation in accordance with paragraph (1), the fee revenues shall be adjusted further for each fiscal year to reflect changes in the workload of the Food and Drug Administration for actual changes in workload volume due to the process of reviewing cosmetic ingredients or non-functional constituents not listed under section 607(b). (B) Determination of adjustment The adjustment shall be determined by the Food and Drug Administration based on the workload in the most recent 1-year period for which workload data is available. The Food and Drug Administration shall publish in the Federal Register the fee revenues and fees resulting from the adjustment and the supporting methodologies. (C) Minimum revenues The adjustment shall not result in fee revenues for a fiscal year that are less than the sum of the amount under subsection (c)(3), as adjusted for inflation under subparagraph (1). (e) Limitations (1) In general With respect to the amount that, under the salaries and expenses account of the Food and Drug Administration, is appropriated for a fiscal year for the cosmetics program in the Center for Food Safety and Applied Nutrition and related field activities, fees may not be assessed under subsection (a) for the fiscal year unless the amount so appropriated for the fiscal year (excluding the amount of fees appropriated for the fiscal year), is equal to or greater than that assessed for fiscal year 2021, multiplied by the adjustment factor applicable to the fiscal year involved. (2) Authority If the Food and Drug Administration does not assess fees under subsection (a) during any portion of a fiscal year because of paragraph (1) and if at a later date in such fiscal year the Food and Drug Administration may assess such fees, the Food and Drug Administration may assess and collect such fees, without any modification in the rate, for registration under section 605 at any time in such fiscal year. (f) Crediting and availability of fees (1) In general Fees authorized under subsection (a) shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Such fees are authorized to remain available until expended. Such sums as may be necessary may be transferred from the Food and Drug Administration salaries and expenses appropriation account without fiscal year limitation to such appropriation account for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for cosmetic safety activities. (2) Collections and appropriations acts (A) In general Subject to subparagraphs (C) and (D), the fees authorized by this section shall be collected and available in each fiscal year in an amount not to exceed the amount specified in appropriation Acts, or otherwise made available for obligation for such fiscal year. (B) Use of fees and limitation The fees authorized by this section shall be collected and available only to defray the costs of cosmetic safety activities. (C) Fee collections during first program year Until the date of enactment of an Act making appropriations through September 30, 2020, for the salaries and expenses account of the Food and Drug Administration, fees authorized by this section for fiscal year 2022 may be collected and shall be credited to such account to remain available until expended. Fees collected under this subparagraph shall be considered discretionary for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. (D) Reimbursement of start-up amounts Any amounts allocated to establish programs under section 605, prior to collection of fees, may be reimbursed through any appropriated fees collected under this section, in such manner as the Food and Drug Administration determines appropriate. Any amounts reimbursed under this subparagraph shall be available for the programs and activities for which funds allocated to establish the programs were available, prior to such allocation, until the end of the fiscal year in which the reimbursement occurs, notwithstanding any otherwise applicable limits on amounts for such program or activities for a fiscal year. (3) Authorization of appropriations For each of fiscal years 2022 through 2028, there are authorized to be appropriated for fees under this section $20,600,000, as adjusted by subsection (d). (4) Offset of overcollections; recovery of collection shortfalls (A) Offset of overcollections If the sum of the cumulative amount of fees collected under this section for the fiscal years 2022 through 2026 exceeds the cumulative amount appropriated pursuant to paragraph (3) for fiscal years 2022 through 2027, the excess amount shall be credited to the appropriation account of the Food and Drug Administration as provided in paragraph (1), and shall be subtracted from the amount of fees that would otherwise be authorized to be collected under this section pursuant to appropriation Acts for fiscal year 2028. (B) Recovery of collection shortfalls (i) 2024 For fiscal year 2024, the amount of fees otherwise authorized to be collected under this section shall be increased by the amount, if any, by which the amount collected under this section and appropriated for fiscal year 2022 falls below the amount of fees authorized for fiscal year 2022 under paragraph (3). (ii) 2025 For fiscal year 2025, the amount of fees otherwise authorized to be collected under this section shall be increased by the amount, if any, by which the amount collected under this section and appropriated for fiscal year 221 falls below the amount of fees authorized for fiscal year 2023 under paragraph (3). (iii) 2026 For fiscal year 2026, the amount of fees otherwise authorized to be collected under this section shall be increased by the amount, if any, by which the amount collected under this section and appropriated for fiscal year 2024 falls below the amount of fees authorized for fiscal year 2024 under paragraph (3). (iv) 2027 For fiscal year 2027, the amount of fees otherwise authorized to be collected under this section shall be increased by the amount, if any, by which the amount collected under this section and appropriated for fiscal year 2025 falls below the amount of fees authorized for fiscal year 2025 under paragraph (3). (v) 2028 For fiscal year 2028, the amount of fees otherwise authorized to be collected under this section shall be increased by the amount, if any, by which the amount collected under this section and appropriated for fiscal year 2026 falls below the amount of fees authorized for fiscal year 2026 under paragraph (3). (g) Effect of failure To pay fees The Food and Drug Administration shall not consider a registration submitted to be complete until such fee under subsection (a) is paid. Until the fee is paid, the registration is incomplete and the registrant is deemed to have failed to register in accordance with section 605. (h) False statements Any statement or representation made to the Food and Drug Administration shall be subject to section 1001 of title 18, United States Code. (i) Collection of unpaid fees In any case where the Food and Drug Administration does not receive payment of a fee assessed under subsection (a), such fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31, United States Code. (j) Construction This section may not be construed to require that the number of full-time equivalent positions in the Department of Health and Human Services, for officers, employees, and advisory committees not engaged in cosmetic activities, be reduced to offset the number of officers, employees, and advisory committees so engaged. (k) Records Each facility shall retain all records necessary to demonstrate the facility’s gross annual sales for at least 2 fiscal years after such information is reported in the facility’s registration. Such records shall be made available to the Food and Drug Administration for review and duplication upon request of the Food and Drug Administration. . 203. Direct hiring authority to support activities related to cosmetics Part 11 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act, as added by section 202, is amended by inserting after section 744O the following: 744P. Direct hiring authority to support activities related to cosmetics (a) In general The Food and Drug Administration shall have direct hiring authority with respect to the appointment of employees into the competitive service or the excepted service to administer the amendments made by title I of the Personal Care Products Safety Act . (b) Sunset The authority under subsection (a) shall terminate on the date that is 3 years after the date of enactment of such title. . | https://www.govinfo.gov/content/pkg/BILLS-117s2100is/xml/BILLS-117s2100is.xml |
117-s-2101 | II 117th CONGRESS 1st Session S. 2101 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow for contributions to the Alzheimer’s Research and Caregiving Trust Fund, and for other purposes.
1. Alzheimer’s Research and Caregiving Trust Fund (a) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Alzheimer’s Research and Caregiving Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Alzheimer’s Research and Caregiving Trust Fund (referred to in this section as the Trust Fund ), consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). (b) Transfers to Trust Fund There are hereby appropriated to the Trust Fund amounts equivalent to the amounts contributed under section 6097. (c) Expenditures (1) In general Subject to paragraph (2), amounts in the Trust Fund shall be available, without further appropriation, as follows: (A) 50 percent to the National Institutes of Health to conduct or support research regarding the treatment or cure of Alzheimer’s disease pursuant to the Alzheimer’s Disease and Related Dementias Research Act of 1992. (B) 50 percent to the Administration on Aging for education, counseling, respite, and other supportive services under the Older Americans Act of 1965 for the benefit of individuals with Alzheimer's disease and their families, caregivers, and health care professionals. (2) Additional funding The amounts made available under paragraph (1) shall be— (A) in addition to any other amounts appropriated to the National Institutes of Health or the Administration on Aging for any purposes described in such paragraph under any other provisions of law, and (B) used to supplement and not supplant such other amounts. . (b) Clerical amendment The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 9512. Alzheimer’s Research and Caregiving Trust Fund. . 2. Contribution to the Alzheimer’s Research and Caregiving Trust Fund (a) In general Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IX Contribution to the Alzheimer’s Research and Caregiving Trust Fund Sec. 6097. Contribution to the Alzheimer’s Research and Caregiving Trust Fund. 6097. Contribution to the Alzheimer’s Research and Caregiving Trust Fund Every individual may elect, at the time of filing the return of the tax imposed by chapter 1, to contribute a whole dollar amount to be paid over to the Alzheimer’s Research and Caregiving Trust Fund. . (b) Clerical amendment The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part IX. Contribution to the Alzheimer’s Research and Caregiving Trust Fund . (c) Effective date The amendments made by this section shall apply to taxable years ending after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2101is/xml/BILLS-117s2101is.xml |
117-s-2102 | II 117th CONGRESS 1st Session S. 2102 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Boozman (for himself and Mr. Wyden ) 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 direct the Under Secretary for Health of the Department of Veterans Affairs to provide mammography screening for veterans who served in locations associated with toxic exposure.
1. Short title This Act may be cited as the Supporting Expanded Review for Veterans In Combat Environments Act of 2021 or the SERVICE Act of 2021 . 2. Revision of breast cancer mammography policy of Department of Veterans Affairs to provide mammography screening for veterans who served in locations associated with toxic exposure (a) In general Section 7322 of title 38, United States Code, is amended— (1) in subsection (a), by striking The and inserting In general .—The ; (2) in subsection (b)— (A) by striking The and inserting Standards for screening .—The ; and (B) in paragraph (2)(B), by inserting a record of service in a location and during a period specified in subsection (d), after risk factors, ; and (3) by adding at the end the following new subsections: (c) Eligibility for screening for veterans exposed to toxic substances The Under Secretary for Health shall ensure that, under the policy developed under subsection (a), any veteran who, during active military, naval, or air service, was deployed in support of a contingency operation in a location and during a period specified in subsection (d), is eligible for a mammography screening by a health care provider of the Department. (d) Locations and periods specified (1) The locations and periods specified in this subsection are the following: (A) Iraq during following periods: (i) The period beginning on August 2, 1990, and ending on February 28, 1991. (ii) The period beginning on March 19, 2003, and ending on such date as the Secretary determines burn pits are no longer used in Iraq. (B) The Southwest Asia theater of operations, other than Iraq, during the period beginning on August 2, 1990, and ending on such date as the Secretary determines burn pits are no longer used in such location, including the following locations: (i) Kuwait. (ii) Saudi Arabia. (iii) Oman. (iv) Qatar. (C) Afghanistan during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Afghanistan. (D) Djibouti during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Djibouti. (E) Syria during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Syria. (F) Jordan during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Jordan. (G) Egypt during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Egypt. (H) Lebanon during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Lebanon. (I) Yemen during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Yemen. (J) Such other locations and corresponding periods as set forth by the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). (K) Such other locations and corresponding periods as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate in a report submitted under paragraph (2). (2) Not later than two years after the date of the enactment of the Supporting Expanded Review for Veterans In Combat Environments Act of 2021 , and not less frequently than once every two years thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to Congress a report specifying other locations and corresponding periods for purposes of paragraph (1)(K). (3) A location under this subsection shall not include any body of water around or any airspace above such location. (4) In this subsection, the term burn pit means an area of land that is used for disposal of solid waste by burning in the outdoor air. . (b) Report on breast cancer rates for veterans deployed to certain areas Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that compares the rates of breast cancer among members of the Armed Forces deployed to the locations and during the periods specified in section 7322(d) of title 38, United States Code, as added by subsection (a), as compared to members of the Armed Forces who were not deployed to those locations during those periods and to the civilian population. | https://www.govinfo.gov/content/pkg/BILLS-117s2102is/xml/BILLS-117s2102is.xml |
117-s-2103 | II 117th CONGRESS 1st Session S. 2103 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Revised Statutes of the United States to hold certain public employers liable in civil actions for deprivation of rights, and for other purposes.
1. Short title This Act may be cited as the Accountability for Federal Law Enforcement Act . 2. Civil action for deprivation of rights Section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ) is amended— (1) by striking Every and inserting the following: (a) In this section, the term public employer means a Federal law enforcement agency that, at the time of a deprivation of any rights, privileges, or immunities described in section (b), employs, or contracts with an individual to perform the duties of, a Federal law enforcement officer or any other officer empowered by law to execute searches, to seize evidence, or to make arrests. (b) Every ; (2) in subsection (b), as so designated, by inserting the United States or before any State ; and (3) by adding at the end the following: (c) If, while acting under color of law, any officer who is empowered by law to execute searches, to seize evidence, or to make arrests subjects or causes to be subjected any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, the public employer of that officer shall be liable to the party injured for the conduct of the officer in an action at law, suit in equity, or other proper proceeding for redress, regardless of whether a policy or custom of the public employer caused the violation, and regardless of whether the officer has any defense or immunity from suit or liability. This paragraph shall constitute a waiver of sovereign immunity with respect to Federal law enforcement agencies for any claim brought under this section. Nothing in this paragraph shall be construed to limit or preclude any legal, equitable, or other remedy that is available, under this section or under any other source of law, against an individual officer. . | https://www.govinfo.gov/content/pkg/BILLS-117s2103is/xml/BILLS-117s2103is.xml |
117-s-2104 | II 117th CONGRESS 1st Session S. 2104 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To support global labor rights, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Global Labor Support Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Global labor rights Sec. 101. Statement of policy. Sec. 102. Funding for global labor rights. Sec. 103. Global labor program. Sec. 104. Ambassador-at-Large for Global Labor Rights. Sec. 105. Imposition of sanctions with respect to gross violations of the human rights of workers. Sec. 106. Annual report on internationally recognized labor rights. Sec. 107. Comptroller General report on United States Government work on labor rights. TITLE II—Labor rights in Bangladesh Sec. 201. Findings. Sec. 202. Statement of policy. Sec. 203. Updated labor rights and worker safety commitments for Bangladesh. Sec. 204. Authorization of appropriations. Sec. 205. Embassy Dhaka labor attache. 2. Findings Congress makes the following findings: (1) The International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work, which ILO Member States adopted in 1998, recognizes four fundamental rights at work: (A) Freedom of association and the effective recognition of the right to collective bargaining. (B) The elimination of all forms of forced or compulsory labour. (C) The effective abolition of child labour. (D) The elimination of discrimination in respect of employment and occupation, which may be referred to as non-discrimination. (2) The ILO Declaration on Social Justice for a Fair Globalization, which ILO Member States adopted in 2008, recognizes four strategic objectives through which the Decent Work Agenda is expressed: (A) Promoting employment by creating a sustainable institutional and economic environment for the sustainable development of individuals, enterprises, and societies. (B) Developing and enhancing measures of social protection, including social security, healthy and safe working conditions, and policies in regard to wages, hours, and other conditions of work. (C) Promoting social dialogue for translating economic development into social progress and making labour law and institutions effective. (D) Respecting, promoting, and realizing the fundamental principles and rights at work, noting that freedom of association and effective recognition of the right to collective bargaining are particularly important. (3) On June 21, 2019, the International Labour Conference of the ILO adopted the Violence and Harassment Convention (No. 190) and Recommendation (No. 206), which recognize the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment. (4) On June 21, 2019, the United States voted in favor of the adoption of ILO Convention 190, but has not ratified it. (5) The Department of State documents worker rights in its annual Country Reports on Human Rights Practices in the following five categories: (A) Freedom of association and the right to collective bargaining. (B) Prohibition of forced or compulsory labor. (C) Prohibition of worst forms of child labor and minimum age for employment. (D) Prohibition of discrimination with respect to employment and occupation. (E) Acceptable conditions of work. (6) In 1999, the Department of State created the position of Special Representative for International Labor Affairs. (7) Section 515 of volume 1 of the Foreign Affairs Manual defines the duties of the Special Representative for International Labor Affairs as follows: The Special Representative for International Labor Affairs serves as the senior policy advisor to the Assistant Secretary for Democracy, Human Rights, and Labor on all matters related to international labor affairs and rights; and reports directly to the Assistant Secretary. The Special Representative alerts the Assistant Secretary to opportunities for advancing existing policy, helps formulate new policy approaches, and serves as a key front office contributor to strategic thinking for the bureau in relation to international labor affairs. . 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Health, Education, Labor and Pensions of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Education and Labor of the House of Representatives. (2) Internationally recognized labor rights The term internationally recognized labor rights means— (A) the freedom of association and the effective recognition of the right to collective bargaining; (B) the elimination of all forms of forced or compulsory labor; (C) the effective prohibition and abolition of all forms of child labor; (D) the elimination of discrimination in respect of employment and occupation; and (E) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health. (3) Vulnerable populations The term vulnerable populations means— (A) workers who identify as women or girls; (B) workers with disabilities; (C) child workers above the minimum age of employment as defined by the ILO Minimum Age Convention; (D) workers who identify as lesbian, gay, bisexual, transgender, queer, or intersex; (E) workers from marginalized communities; (F) migrant workers; (G) domestic workers; (H) workers in the informal economy; (I) workers in non-standard forms of employment as described by the ILO, including short-term contract employment and home-based employment, among others; and (J) workers who otherwise lack access to social protection. I Global labor rights 101. Statement of policy It is the policy of the United States to— (1) support and advance internationally recognized labor rights around the world; (2) recognize that barriers to workers, particularly workers who identify as women or girls, accessing their full internationally recognized labor rights include— (A) workplace harassment and violence, particularly gender-based harassment and violence; (B) lack of pay equity; (C) lack of access to family, medical, and sick leave; (D) lack of access to affordable child care; (E) lack of access to safe and adequate water and sanitation facilities and hygienic conditions; and (F) restrictive social and gender norms; (3) engage governments directly and through multilateral organizations, such as the International Labour Organization and the Organization for Economic Cooperation and Development, to advance internationally recognized labor rights, prevent and respond to gender-based harassment and violence in the world of work, and promote safe working conditions; (4) oppose the use of force or coercion to prevent workers from exercising their internationally recognized labor rights, including by employers and government entities, such as the use of police or military force; (5) engage with labor unions, workers’ organizations, nongovernmental organizations, academia, and the private sector, including industry associations and multistakeholder initiatives, to strengthen respect for, and promote protection of, internationally recognized labor rights around the world; and (6) support transparency regarding, and corporate accountability for, the protection of internationally recognized labor rights in global supply chains. 102. Funding for global labor rights (a) Global Labor Rights fund (1) Establishment There is established in the Treasury of the United States a fund for entities whose main purpose is to protect and promote labor rights, to be known as the Global Labor Rights Fund (in this section referred to as the Fund ), consisting of such amounts as are appropriated pursuant to the authorization of appropriations under paragraph (2) or otherwise appropriated or otherwise made available to the Fund. (2) Authorization of appropriations There is authorized to be appropriated to the Fund $30,000,000, of which $25,000,000 shall be divided between the Department of State and the United States Agency for International Development and $5,000,000 shall be for the International Labor Affairs Bureau at the Department of Labor for each of fiscal years 2022 through 2028. (3) Recipients of funds Funds from the Global Labor Rights Fund shall be available to entities whose main purpose is to protect and promote labor rights, such as labor unions and nongovernmental organizations with a demonstrated record of labor rights advocacy or effective implementation of labor rights programs, and may be made available to foreign government entities only for the purposes of providing technical assistance for reforming labor laws, intensifying labor law enforcement, implementing transparent reporting on labor inspections, improving monitoring mechanisms to comply with internationally recognized labor rights, and strengthening the ability of dispute resolution mechanisms and the judicial system to address labor issues in an impartial and independent manner. (4) Use of funds Amounts in the Fund shall be used to effectively implement the following goals: (A) To build the capacity of labor rights organizations in foreign countries, including labor unions, to protect internationally recognized labor rights, including building their capacity to organize workers into labor unions and to negotiate strong collective bargaining agreements. (B) To build the capacity of government entities to protect internationally recognized labor rights only under the conditions described in paragraph (3). (C) To develop social protection systems that help workers overcome barriers to accessing their full internationally recognized labor rights, such as promoting access to paid family, medical, and sick leave. (D) To safeguard and promote the rights of workers facing discrimination, harassment, and violence, particularly workers who identify as women or girls and workers from other vulnerable populations, including— (i) supporting equal pay for equal work; (ii) supporting workers' access to justice, including through access to quality legal assistance; (iii) providing protection from retaliation; and (iv) providing legal, psychosocial, and other support and services during investigations of abuse or exploitation. (E) To support the development of worker-driven labor monitoring and gender-sensitive complaint and dispute resolution mechanisms. (F) To increase the general population’s awareness of internationally recognized labor rights. (G) To otherwise promote and protect internationally recognized labor rights. (5) Implementation In general, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Labor, shall coordinate and carry out activities to achieve the goals described in paragraph (4). (6) Briefing on implementation (A) In general The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Labor, shall provide to the appropriate congressional committees an annual briefing on the programs and activities carried out to achieve the goals described in paragraph (4) during the preceding fiscal year and through fiscal year 2028, including all programs and activities funded with amounts in the Fund. (B) Elements Each briefing shall include, with respect to each program or activity described in subparagraph (A)— (i) a thorough description of the program or activity; (ii) the amount of funding for the program or activity; (iii) the identity of each recipient of funding for the program or activity, including any subgrantees; (iv) the number of participants in the program or activity, disaggregated by industry or sector, age, gender identity, ethnic or racial identity, disability, educational attainment level, migratory status, and occupation to the extent that participants are willing and able to safely provide such information; (v) a description of the goal or goals described in paragraph (4) to which the program or activity relates and the indicators established to monitor progress toward meeting the goal or goals; (vi) an assessment of whether or not the program or activity met the goal or goals; and (vii) future plans for the program or activity, including how the progress achieved through the program or activity will be sustained, and resources needed for those future plans, including appropriations. (b) Authorization of appropriations for additional labor rights programming (1) Authorization of appropriations In addition to the amounts authorized to be appropriated pursuant to subsection (a)(2), there is authorized to be appropriated $30,000,000, of which $25,000,000 shall be divided between the Department of State and the United States Agency for International Development and $5,000,000 shall be for the International Labor Affairs Bureau at the Department of Labor for each of fiscal years 2022 through 2028 for additional labor rights programming. (2) Use of funds Amounts appropriated by this section may be used to effectively implement the following goals: (A) To build the capacity of labor rights organizations in foreign countries, including labor unions, to protect internationally recognized labor rights, including building their capacity to organize workers into labor unions and to negotiate strong collective bargaining agreements. (B) To build the capacity of other nongovernmental organizations in foreign countries to protect internationally recognized labor rights. (C) To improve the capability of foreign government entities, including legislatures, the judiciary, government agencies, and law enforcement bodies, especially labor law enforcement bodies, to protect internationally recognized labor rights. (D) To develop social protection systems that help workers overcome barriers to accessing their full internationally recognized labor rights, such as promoting access to paid family, medical, and sick leave. (E) To safeguard and promote rights of workers facing discrimination, harassment, and violence, particularly workers who identify as women or girls and workers from other vulnerable populations, including— (i) supporting equal pay for equal work; (ii) supporting workers' access to justice, including through access to quality legal assistance; (iii) providing protection from retaliation; and (iv) providing legal, psychosocial, and other support and services during investigations of abuse or exploitation. (F) To support the development of worker-driven labor monitoring and gender-sensitive complaint and dispute resolution mechanisms. (G) To increase the general population’s awareness of internationally recognized labor rights. (H) To otherwise promote and protect internationally recognized labor rights. (3) Implementation In general, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Labor, shall coordinate and carry out activities to achieve the goals described in paragraph (2). 103. Global labor program (a) In general Following the completion of the initial extended six-year Global Labor Program from 2016 to 2022, the Administrator of the United States Agency for International Development shall extend the Global Labor Program an additional five years, from 2023 to 2028. (b) Implementation The Global Labor Program extension shall maintain the single-implementer model used in the first program, though the Administrator may re-compete the award for that single implementer. The Administrator shall consult with the Assistant Secretary of State for Democracy, Human Rights, and Labor at the Department of State and the Deputy Under Secretary for International Affairs at the Department of Labor prior to making any changes to the scope, nature, or structure of the Global Labor Program. Any such changes shall be subject to the regular notification procedures of the appropriate congressional committees. (c) Use of funds Of the amounts appropriated pursuant to subsections (a)(2) and (b)(1) of section 102, not less than $13,000,000 for each of fiscal years 2022 through 2028 shall be made available for the Global Labor Program. 104. Ambassador-at-Large for Global Labor Rights (a) Ambassador-at-Large There is established the position of United States Ambassador-at-Large for Global Labor Rights (referred to in this section as the Ambassador-at-Large ). The Ambassador-at-Large shall replace the Special Representative for International Labor Affairs position described in section 515 of volume 1 of the Foreign Affairs Manual. (b) Appointment The Ambassador-at-Large shall be appointed by the President, by and with the advice and consent of the Senate. (c) Central objective The central objective of the Ambassador-at-Large is to lead and coordinate the United States Government’s diplomatic engagement with foreign governments on the promotion and protection of internationally recognized labor rights, including the policies described in section 101, in coordination with other agencies and offices of the United States Government, including— (1) other bureaus and offices of the Department of State, particularly the Bureau of Economic and Business Affairs; (2) the United States Agency for International Development; (3) the Department of Labor, particularly the Bureau of International Labor Affairs; (4) the United States Trade Representative; and (5) U.S. Customs and Border Protection. (d) Duties and responsibilities The Ambassador-at-Large shall— (1) engage with foreign government officials, both in bilateral and multilateral contexts, to encourage them to promote and protect internationally recognized labor rights; (2) engage with multilateral organizations to promote and protect internationally recognized labor rights; (3) engage with nongovernmental organizations to support their efforts to promote and protect internationally recognized labor rights; (4) participate in the formulation of United States policy regarding internationally recognized labor rights, including through leading and coordinating relevant meetings at the National Security Council and National Economic Council as appropriate; (5) support United States ambassadors and United States embassy personnel, including those specifically covering labor issues, in their efforts to promote and protect internationally recognized labor rights; and (6) consult on the development of United States Government programs and activities to promote and protect internationally recognized labor rights, including the programs and activities described in sections 102 and 103. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for the hiring of three full-time employees to support the Ambassador-at-Large, for the conduct of investigations by the Ambassador-at-Large, and for necessary travel to carry out the provisions of this section. (f) Report on activities Not later than 180 days after the appointment of the Ambassador-at-Large, and annually thereafter, the Ambassador-at-Large shall submit to the appropriate congressional committees a report that details the activities that were undertaken in the preceding year under subsection (d). 105. Imposition of sanctions with respect to gross violations of the human rights of workers (a) Global Magnitsky sanctions The President shall use the authority provided under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) to impose sanctions with respect to foreign persons, including foreign government officials and business owners, directors, officers, or managing agents, and associates of such persons, that the President determines are responsible for gross violations of the human rights of workers. (b) 7031( c ) sanctions The Secretary of State shall use the authority provided under section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ; 8 U.S.C. 1182 note) and other existing authorities to implement visa bans with respect to foreign government officials and their immediate family members that the Secretary of State determines are responsible for gross violations of the human rights of workers. 106. Annual report on internationally recognized labor rights (a) Report (1) In general The Secretary of State, in coordination with the Secretary of Labor and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an annual public report on the country-by-country status of internationally recognized labor rights in addition to the Country Reports on Human Rights Practices. (2) Countries covered The report required under paragraph (1) shall include— (A) all countries that receive United States foreign assistance; and (B) all countries in which the Secretary assesses that there are challenges to the implementation of internationally recognized labor rights. (3) Elements The report required by this section shall include the following elements: (A) A description of the extent to which the labor laws of the country, broken down by their analogous characterization to the laws of the United States Government as administrative, civil, common, and criminal laws, protect all internationally recognized labor rights and of whether they apply to all workers or whether certain categories of workers are excluded from some protections. (B) A description of efforts by the government of the country to bring laws up to international standards to protect internationally recognized labor rights. (C) A description of the nature and extent of violations of internationally recognized labor rights in each country covered. (D) A description of the roles vulnerable populations hold in the world of work, the share of the workforce they comprise, and the unequal treatment they face. (E) For each country in which violations of internationally recognized labor rights are identified, an assessment of the efforts by the government of that country to prevent and respond to such violations, including the following elements: (i) Whether government officials in that country participate in, facilitate, or condone such violations. (ii) What steps the government of that country has taken to prohibit government officials at the national or subnational officials from participating in, facilitating, benefitting from, or condoning such violations. (iii) What steps the government of that country has taken to assist victims of such violations, including efforts to protect them from further victimization, provision of services including physical and mental health care, provision of legal support and access to justice through civil proceedings as well as criminal, and grants of relief from deportation as appropriate. (iv) Which government authorities in that country are involved with preventing and identifying such violations and the capacity of those authorities, including numbers of personnel dedicated to activities such as labor inspections. (v) The effectiveness of the country’s administrative state, other civil authorities, law enforcement authorities, and judicial system in enforcing appropriate regulations and laws in response to such violations, including how many personnel are dedicated to addressing such violations, the frequency with which such violations are investigated and prosecuted, the durations and outcomes of such cases, and the transparency of outcomes. (F) An assessment of the extent to which labor unions, labor rights organizations, and other civil society actors that work on labor rights issues, and media that report on labor rights issues, have the space to operate and of the extent to which the government engages in dialogue with them. (4) Consultations In preparing the report, United States diplomatic mission personnel shall consult with labor unions, labor rights organizations, human rights organizations, including women's rights groups, and other appropriate nongovernmental organizations. (b) Embassy labor attaché (1) In general The Secretary of Labor, in coordination with the Secretary of State, shall create a senior attaché position to lead interagency coordination of the labor portfolio of the United States mission in each country consistently identified in the report required under subsection (a)(1) as having a poor performance record in the area of labor rights. (2) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to create the attaché positions for each country. 107. Comptroller General report on United States Government work on labor rights (a) Assessment The Comptroller General of the United States shall submit to the appropriate congressional committees an assessment of the work of the United States Government on labor rights around the world. (b) Elements The assessment required under subsection (a) shall include a description of what is known about the following: (1) The extent to which each of the internationally recognized labor rights has been included in United States Government foreign policy and programming. (2) Any labor rights not included within the definition of internationally recognized labor rights that have been included in United States Government foreign policy and programming. (3) What resources, including funding and personnel, the United States Government has dedicated to the promotion and protection of internationally recognized labor rights, and the extent to which those resources have been dedicated to vulnerable populations around the world. (4) A description of the types of programming the United States Government has implemented to promote and protect internationally recognized labor rights in the past 6 years around the world. (5) The extent to which the United States Government programs described in paragraph (4) achieved their intended goals. (6) Specific internationally recognized labor rights or countries for which the resources dedicated to date have been insufficient to meet the goals of the United States. (7) The mechanisms for interagency coordination on internationally recognized labor rights, the efficacy of said mechanisms, and recommendations for improvements. II Labor rights in Bangladesh 201. Findings Congress makes the following findings: (1) In June 2013, two months after the April 2013 Rana Plaza garment factory disaster that claimed the lives of over one thousand ready-made garment (RMG) factory workers, the United States suspended the participation of Bangladesh in the Generalized System of Preferences (GSP) program due to the failure of the Government of Bangladesh to recognize the labor rights of RMG workers. (2) In the March 2020 report Seven Years After Rana Plaza, Significant Challenges Remain (in this section referred to as the Report ), the minority staff of the Committee on Foreign Relations of the Senate (in this section referred to as the Committee ) found that, 7 years after the Rana Plaza garment factory disaster, improvements have been made to the structural safety of many factories in Bangladesh, but labor rights have declined precipitously. (3) The Report highlighted the increasing abuse of workers, particularly union leaders and organizers, in ready-made garment factories in Bangladesh and the lack of accountability for the perpetrators. (4) The Report emphasized that workers who identify as women or girls face disproportionate levels of abuse, and this gender-based violence and harassment is a violation of the ILO Violence and Harassment Convention, 2019 ILO (No. 190). (5) The Report detailed the deteriorating environment for union organizers and activists in Bangladesh, including violence and repression during worker protests over the minimum wage in December 2018 and January 2019 as well as lack of enforcement of Bangladesh law on unfair labor practices. (6) In the Report, the Committee found that the Department of Labor, the Bureau of Democracy, Human Rights, and Labor of the Department of State, and the United States Agency for International Development expended only $23,200,000 on labor rights programs in Bangladesh between 2011 and the release of the Report. 202. Statement of policy It is the policy of the United States to— (1) protect and promote internationally recognized labor rights in Bangladesh; (2) support, in its capacity as a member of the ILO’s Governing Body of the International Labour Office, the proposal to establish an ILO Commission of Inquiry on Bangladesh in response to violations of the ILO Convention on the Freedom of Association and Protection of the Right to Organise, the ILO Convention on the Right to Organise and Collective Bargaining, and the ILO Labor Inspection Convention; and (3) urge other members of the ILO governing body to support the establishment of an ILO Commission of Inquiry on Bangladesh. 203. Updated labor rights and worker safety commitments for Bangladesh The President shall work with the Government of Bangladesh to update the previous commitments by the Government of Bangladesh regarding labor rights and worker safety to reflect the new and ongoing challenges to internationally recognized labor rights in Bangladesh. 204. Authorization of appropriations Of the amount authorized to be appropriated under section 102(a), not less than $3,000,000 is authorized to be appropriated for programming that supports labor unions in order to promote labor rights in Bangladesh for each of fiscal years 2022 through 2028. 205. Embassy Dhaka labor attaché Not later than 120 days after the date of the enactment of this Act, the Secretary of Labor, in coordination with the Secretary of State, shall deploy a senior attaché or envoy to lead interagency coordination of the labor portfolio at the United States Embassy in Dhaka. | https://www.govinfo.gov/content/pkg/BILLS-117s2104is/xml/BILLS-117s2104is.xml |
117-s-2105 | II 117th CONGRESS 1st Session S. 2105 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To enhance mental health and psychosocial support within United States foreign assistance programs.
1. Short titles This Act may be cited as the Mental Health in International Development and Humanitarian Settings Act or the MINDS Act . 2. Findings; sense of congress (a) Findings Congress finds the following: (1) According to the 2016 Global Burden of Disease Study, an estimated 1,000,000,000 individuals worldwide have a mental health or substance use disorder. Mental disorders are major contributors to the global burden of disease, and depression is among the primary causes of illness and disability in adolescents. (2) An individual’s mental health is a complex interaction between genetic, neuropsychological, and environmental factors, and environmental and social factors, from the early years through childhood and adolescence, can have long-term impacts on mental health. (3) According to a Lancet Commission report, allocations for mental health have never risen above 1 percent of health-related global development assistance. Estimates indicate that child and adolescent mental health receives just 0.1 percent of health-related global development assistance. (4) The National Alliance on Mental Illness estimates that depression and anxiety disorders cost the global economy $1,000,000,000,000 in lost productivity each year. According to Lancet, mental health disorders are projected to cost the global economy $16,000,000,000,000 between 2010 and 2030, in part due to the early age of onset. (5) According to the World Health Organization (WHO), half of mental health disorders emerge by age 14, and 14 percent of children and adolescents worldwide experience mental health conditions, the majority of whom do not seek care, receive care, or have access to care. (6) Exposure to violence and early childhood adversity, including trauma, has been linked to negative, lasting effects on physical and mental health. Early childhood adversity can impact brain development, nervous and immune system functioning, the onset of mental health conditions, and future behaviors. The United Nations asserts that widespread school closures due to COVID–19, which have affected roughly 1,500,000,000 school-aged children, have placed many children at higher risk of exposure to traumas, such as household violence, abuse, neglect, and food insecurity. (7) According to the United Nations, more than 1 out of every 5 individuals in conflict-affected areas has a mental health disorder. Roughly 1,500,000,000, or 2 out of every 3 of the world’s children under 18 years of age live in countries affected by conflict, and more than 1 out of every 6 children live in conflict zones. A greater number of children live in areas affected by armed conflict and war now than at any other point this century. The mental health burden in conflict-affected contexts is twice the global average. (8) Gender, age, disability status, race and ethnicity, and other identity characteristics contribute to different risks and needs for mental health and psychosocial support. Research has shown that harmful gender norms contribute to higher prevalence of depression and anxiety disorders in women and girls, while socialization of boys and men contributes to higher prevalence of substance use disorders. (9) Risks and experiences of gender-based violence, particularly sexual violence, are a key driver of mental health and psychosocial support needs for children. Girls account for 98 percent of verified incidents of conflict-related sexual violence. According to the World Health Organization, 35 percent of women globally face sexual and/or intimate partner violence in their lifetime and these survivors can, according to the Centers for Disease Control and Prevention, experience mental health problems such as depression and posttraumatic stress disorder (PTSD) symptoms , signifying the urgent need for age and gender-responsive mental health and psychosocial support services. (10) According to the World Health Organization, risk factors that increase susceptibility to mental health disorders include poverty and hunger, chronic health conditions, trauma or maltreatment, social exclusion and discrimination, and exposure to and displacement by war or conflict. These risk factors, along with demographic risk factors, manifest at all stages in life. Preliminary research already illustrates that the COVID–19 pandemic has increased communities’, families’, and individuals’ risk factors for multiple types of adversity and compounded preexisting conditions and vulnerabilities. (11) Crisis situations put parents and caregivers under mental and psychosocial duress, which can prevent them from providing the protection, stability and nurturing care their children need during and after an emergency. The Lancet Commission estimates that between 15 and 23 percent of children globally live with a parent with a mental disorder, and parental ill health can impact the emotional and physical development of children and predispose these children to mental health problems. Numerous and compounding stressors and uncertainty caused by COVID–19 have exacerbated distress and further impede caregivers’ ability to provide responsive care to their children. (12) Investments in the mental health, resilience, and well-being of the children in a country to ensure that they continue to thrive into adulthood and contribute to their societies can help break cycles of poverty, violence, and trauma and further the country’s future potential. (13) Investments in protecting and improving mental health in a country across the life course must take into account the need to target vulnerable populations and address social, environmental, and other risk factors in conjunction with other sectors and local partners. (b) Sense of Congress It is the sense of Congress that— (1) ensuring that individuals have the opportunity to thrive and reach their fullest potential is a critical component of sustainable international development, and the global public good benefits from investment in child and adolescent mental health; (2) mental health is integral and essential to overall health outcomes and other development objectives; (3) mental health is an issue of critical and growing importance for United States foreign assistance that requires a coordinated strategy to ensure that programming funded by the United States Government is evidence-based, culturally competent, and trauma-informed; (4) the United States Government foreign assistance strategy should include a mental health and psychosocial support component; (5) the redesign of the United States Agency for International Development (referred to in this Act as USAID ) reflects the nexus between humanitarian and development interventions and should be applied to all mental health and psychosocial support efforts of United States foreign assistance programs; and (6) ongoing efforts to improve social service workforce development and local capacity building are essential to expanding mental health and psychosocial support activities across all United States foreign assistance programs. 3. Coordinator for mental health and psychosocial support Section 135 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152f ) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: (f) Coordinator for mental health and psychosocial support (1) Appointment The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, is authorized to appoint a Mental Health and Psychosocial Support Coordinator (referred to in this section as the MHPSS Coordinator ). (2) Specific duties The duties of the MHPSS Coordinator shall include— (A) establishing and chairing the Mental Health and Psychosocial Support Working Group authorized under section 4 of the Mental Health in International Development and Humanitarian Settings Act ; (B) guiding, overseeing, and directing mental health and psychosocial support programming and integration across United States foreign assistance programming; (C) serving as the main point of contact on mental health and psychosocial support in the Bureau for Global Health, Bureau for Humanitarian Assistance, regional bureaus, the Office of Education, the Inclusive Development Hub in the Bureau of Development, Democracy, and Innovation, the President’s Emergency Plan for AIDS Relief, and other interagency or presidential initiatives; (D) promoting best practices, coordination and reporting in mental health and psychosocial support programming across both development and humanitarian foreign assistance programs; (E) providing direction, guidance, and oversight on the integration of mental health and psychosocial support in both development and humanitarian foreign assistance programs; and (F) participating in the Advancing Protection and Care for Children in Adversity Interagency Working Group. (3) Focus populations Along with a general focus on mental health and psychosocial support, the MHPSS Coordinator should pay special attention to mental health and psychosocial support in the context of family and children, including— (A) meeting the needs of adult caretakers and children, including families and adults who are long-term caretakers; (B) children and others who are separated from a family unit; and (C) other specific populations in need of mental health and psychosocial support, such as crisis affected communities, displaced populations, gender-based violence survivors, and individuals and households coping with the consequences of diseases, such as Ebola, HIV/AIDS, and COVID–19. . 4. Mental Health and Psychosocial Support Working Group (a) Establishment The Administrator of the United States Agency for International Development (referred to in this Act as the USAID Administrator ), in cooperation with the Mental Health and Psychosocial Support Coordinator, shall establish the Mental Health and Psychosocial Support Working Group, which shall include representatives from every United States Agency for International Development bureau and from the Department of State, to ensure continuity and sustainability of mental health and psychosocial support across foreign assistance programs. (b) Requirements The Mental Health and Psychosocial Support Working Group— (1) should include representation at the Deputy Assistant Administrator level from every United States Agency for International Development bureau; (2) shall promote and encourage dialogue across the interagency on mental health and psychosocial support program development and best practices; (3) shall coordinate the implementation and continuity of mental health and psychosocial support programs— (A) within USAID; (B) between the USAID and the Bureau of Population, Refugees, and Migration of the Department of State; and (C) in consultation with the Centers for Disease Control and Prevention and the National Institutes of Mental Health, as appropriate. 5. Integration of mental health and psychosocial support (a) Statement of policy It is the policy of the United States to integrate mental health and psychosocial support across all foreign assistance programs funded by the United States Government. (b) Implementation of policy The USAID Administrator and the Secretary of State shall— (1) require all USAID and Department of State regional bureaus and missions to utilize such policy for local capacity building, as appropriate, for mental health and psychosocial support programming; (2) ensure that all USAID and Department of State mental health and psychosocial support programming— (A) is evidence-based and culturally competent; (B) responds to all types of childhood adversity; and (C) includes trauma-specific interventions in accordance with the recognized principles of a trauma-informed approach, whenever applicable; and (3) integrate the Advancing Protection and Care for Children in Adversity Strategy into its official policy. 6. Briefing requirements (a) USAID briefing Not later than 180 days after the date of the enactment of this Act, the USAID Administrator and the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding— (1) the progress made in carrying out section 5(b); and (2) any barriers preventing the full integration of the strategy referred to in section 5(b)(3). (b) Briefing on spending The USAID Administrator, in consultation with the Director of the Office of Management and Budget, as necessary and appropriate, shall annually brief the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives during each of the fiscal years 2022 through 2026 regarding the amount of United States foreign assistance spent during the most recently concluded fiscal year on child mental health and psychosocial support programming. (c) USAID and Department of State briefings Not later than 180 days after the date of the enactment of this Act, annually thereafter for the following 5 fiscal years, and subsequently, as requested, the USAID Administrator and the Secretary of State, in consultation with the Mental Health and Psychosocial Support Coordinator appointed pursuant to section 135(f) of the Foreign Assistance Act of 1961, as added by section 3, shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding— (1) how USAID and the Department of State have integrated mental health and psychosocial programming, including child-specific programming, into their development and humanitarian assistance programs across health, education, nutrition, and child protection sectors; (2) the metrics of success of the Advancing Protection and Care for Children in Adversity Strategy; (3) the mental health outcomes pertaining to the evidence-based strategic objectives upon which such strategy is built; (4) where trauma-specific strategies are being implemented, and how best practices for trauma-informed programming are being shared across programs; (5) barriers preventing full integration of child mental health and psychosocial support into programs for children and youth and recommendations for its expansion; (6) any unique barriers to the expansion of mental health and psychosocial support programming in conflict and humanitarian settings and how such barriers are being addressed; (7) the impact of the COVID–19 pandemic on mental health and psychosocial support programming; and (8) funding data, including a list of programs to which USAID and the Department of State have obligated funds during the most recently concluded fiscal year to improve access to, and the quality of, mental health and psychosocial support programming in development and humanitarian contexts. | https://www.govinfo.gov/content/pkg/BILLS-117s2105is/xml/BILLS-117s2105is.xml |
117-s-2106 | II 117th CONGRESS 1st Session S. 2106 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Casey (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Older Americans Act of 1965 to authorize a national network of statewide senior legal hotlines, and for other purposes.
1. Short title This Act may be cited as the Senior Legal Hotline Act of 2021 . 2. Statewide senior legal hotlines Subtitle B of title VII of the Older Americans Act of 1965 ( 42 U.S.C. 3058aa et seq. ) is amended by adding at the end the following: 753. Statewide senior legal hotlines (a) Definitions In this section: (1) Eligible entity (A) In general The term eligible entity means a nonprofit organization or a partnership described in subparagraph (B) that— (i) provides legal assistance to older individuals at no cost to such individuals; and (ii) (I) operates a senior legal hotline in existence on the date on which the entity submits an application under subsection (c); or (II) demonstrates the capacity to provide legal assistance to older individuals through a statewide senior legal hotline. (B) Partnership A partnership described in this subparagraph is a partnership between— (i) multiple nonprofit organizations; or (ii) one or more nonprofit organizations with one or more State or local governments. (2) Senior legal hotline The term senior legal hotline means a program or partnership of programs that— (A) provides legal services, such as counseling, advice, advocacy, information, referrals, and other services, as appropriate, to older individuals on a broad range of civil legal issues; (B) provides such services by telephone (and may provide such services by additional forms of communication), regardless of whether such services are provided 24 hours a day and 7 days a week; (C) provides such services at no cost to the older individuals receiving such services; (D) serves older individuals with the greatest social need and greatest economic need as a target population for such services; and (E) develops partnerships with other programs and legal assistance providers to ensure that older individuals who need more extensive services, including representation, have access to such services. (3) Statewide senior legal hotline The term statewide senior legal hotline means a senior legal hotline that serves older individuals throughout a State. (b) Authorization The Assistant Secretary may award grants, on a competitive basis, to eligible entities that submit an application under subsection (c) to establish or operate a statewide senior legal hotline in accordance with the requirements under subsection (d). (c) Application process (1) In general An eligible entity seeking a grant under this section shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including the contents described in paragraph (2). (2) Contents An application submitted under paragraph (1) shall contain, at a minimum, each of the following: (A) An identification of the State to be served by the statewide senior legal hotline. (B) A plan indicating how the eligible entity will satisfy each requirement under subsection (d) with respect to establishing or operating a statewide senior legal hotline. (C) An assurance that the eligible entity will be able to provide, from non-Federal funds, an amount equal to not less than 25 percent of the estimated amount awarded through the grant under this section. An eligible entity may use in-kind contributions to meet the matching requirement under this subparagraph. (D) A description of the certification process the eligible entity has in place to ensure that staff members of and volunteers serving the statewide senior legal hotline will have no conflict of interest (including any financial or substantive conflict of interest) in providing services through the hotline. (3) Selection The Assistant Secretary shall, in selecting eligible entities to receive a grant under this section— (A) consider— (i) the extent to which the application submitted by the eligible entity under paragraph (2) meets the requirements of such paragraph; and (ii) the demonstrated capacity of the eligible entity to administer a statewide senior legal hotline, including the experience and history of the eligible entity in delivering high quality advice, assistance, and other legal services, to older individuals through low-cost and innovative methods; and (B) ensure that no 2 eligible entities receiving a grant under this section for a fiscal year are planning to establish or operate a statewide senior legal hotline that serves the same State for such fiscal year. (d) Requirements Each eligible entity receiving a grant under this section shall, in establishing or operating a statewide senior legal hotline supported by such grant— (1) provide for a sufficient number of appropriately trained attorneys, paralegals, other staff members, and volunteers to ensure effective delivery of the services described in subsection (a)(2)(A); (2) collaborate with the appropriate State unit on aging, including any legal assistance developer, and free or low-cost legal service providers throughout the State, including those who provide free legal assistance to older individuals, to maximize coordination and cost-effective delivery of legal assistance to older individuals; (3) strive to maximize coordination in the delivery of legal assistance to older individuals in the State, including legal assistance funded by the Legal Services Corporation under the Legal Services Corporation Act ( 42 U.S.C. 2996 et seq. ), legal assistance supported by a grant under part B of title III of this Act, legal assistance provided by a law school clinic, and any other legal assistance provided at no-cost to the persons receiving the assistance; (4) build effective communication within the aging network operating in the State to provide coordinated assistance and referrals as appropriate; (5) establish mechanisms to make referrals for representation and other assistance beyond the scope of the hotline to— (A) other divisions or projects of the same legal aid agency of which the hotline is a division or project; (B) other legal aid agencies; (C) private attorneys, including those providing pro bono legal services; (D) providers included in the aging network operating in the State; (E) advocacy and assistance programs for older individuals; or (F) any other individuals or entities, as appropriate; and (6) conduct outreach through the aging network operating in the State, and by other means, to inform older individuals about the availability of the services provided by the hotline, specifically targeting older individuals with the greatest economic need and greatest social need. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026. . | https://www.govinfo.gov/content/pkg/BILLS-117s2106is/xml/BILLS-117s2106is.xml |
117-s-2107 | II 117th CONGRESS 1st Session S. 2107 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Wyden (for himself, Mr. Crapo , Mr. Warner , Mr. Cornyn , Ms. Stabenow , and Mr. Daines ) 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 the semiconductor manufacturing investment credit.
1. Short title This Act may be cited as the Facilitating American-Built Semiconductors Act or the FABS Act . 2. Semiconductor Manufacturing Investment Credit (a) In general Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: 48D. Semiconductor manufacturing investment credit (a) In general For purposes of section 46, the semiconductor manufacturing investment credit for any taxable year is an amount equal to the sum of— (1) 25 percent of the qualified investment for such taxable year with respect to any semiconductor manufacturing facility, and (2) 25 percent of the qualified investment for such taxable year with respect to any semiconductor manufacturing property. (b) Qualified investment with respect to semiconductor manufacturing facilities (1) In general For purposes of subsection (a)(1), the qualified investment with respect to any semiconductor manufacturing facility for any taxable year is the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a semiconductor manufacturing facility. (2) Qualified property For purposes of this subsection, the term qualified property means property— (A) which is tangible property (including a building or its structural components) which is an integral part of a semiconductor manufacturing facility, (B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, (C) which is— (i) constructed, reconstructed, or erected by the taxpayer, or (ii) acquired by the taxpayer if the original use of such property commences with the taxpayer, and (D) which is necessary for the manufacturing or processing of, or performing research with respect to, semiconductors or semiconductor tooling equipment. (3) Semiconductor manufacturing facility For purposes of this subpart, the term semiconductor manufacturing facility means a facility for which the primary purpose is the manufacturing or processing of, or performing research with respect to, semiconductors or semiconductor tooling equipment. (4) Coordination with rehabilitation credit and semiconductor manufacturing property The qualified investment with respect to any semiconductor manufacturing facility for any taxable year shall not include that portion of the basis of any property which is— (A) attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)), or (B) semiconductor manufacturing property (as defined in subsection (c)(2)). (c) Qualified investment with respect to semiconductor manufacturing property (1) In general For purposes of subsection (a)(2), the qualified investment with respect to semiconductor manufacturing property for any taxable year is the basis of any semiconductor manufacturing property placed in service by the taxpayer during such taxable year. (2) Semiconductor manufacturing property For purposes of this subpart, the term semiconductor manufacturing property means tangible property— (A) for which the primary purpose is to manufacture or process, or perform research with respect to, semiconductors or semiconductor tooling equipment, (B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and (C) which is— (i) constructed, reconstructed, or erected by the taxpayer, or (ii) acquired by the taxpayer if the original use of such property commences with the taxpayer. (d) Certain progress expenditure rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). (e) Regulations and guidance The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance with respect to— (1) determining the basis of qualified property and semiconductor manufacturing property, (2) any such measures as are deemed appropriate to avoid abuse or fraud with respect to the credit allowed under this section, and (3) ensuring that such credit is not allowed to multiple taxpayers. . (b) Election for direct payment Section 48D of the Internal Revenue Code of 1986, as added by subsection (a), is amended by adding at the end the following: (f) Election for direct payment (1) In general In the case of any qualified property or semiconductor manufacturing property placed in service during any taxable year (with the exception of any such property to which subsection (d) applied)), the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). (2) Form and effect of election An election under paragraph (1) shall be made prior to the date on which the qualified property or semiconductor manufacturing property is placed in service and in such manner as the Secretary may prescribe. Such election, once made, shall— (A) be irrevocable with respect to the qualified property or semiconductor manufacturing property to which such election applies, and (B) reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such property for the taxable year in which such property is placed in service to zero. (3) Application to partnerships and S corporations In the case of a partnership or S corporation which makes an election under paragraph (1)— (A) such paragraph shall apply with respect to such partnership or corporation without regard to the fact that no tax is imposed by chapter 1 on such partnership or corporation, and (B) (i) in the case of a partnership, each partner's distributive share of the credit determined under subsection (a) with respect to the qualified property or semiconductor manufacturing property shall be deemed to be zero, and (ii) in the case of a S corporation, each shareholder's pro rata share of the credit determined under subsection (a) with respect to such property shall be deemed to be zero. . (c) Conforming amendments (1) Section 46 of the Internal Revenue Code of 1986 is amended— (A) by striking “and” at the end of paragraph (5), (B) by striking the period at the end of paragraph (6) and inserting “, and”, and (C) by adding at the end the following new paragraph: (7) the semiconductor manufacturing investment credit. . (2) Section 49(a)(1)(C) of such Code is amended— (A) by striking “and” at the end of clause (iv), (B) by striking the period at the end of clause (v) and inserting a comma, and (C) by adding at the end the following new clauses: (vi) the basis of any qualified property (as defined in section 48D(b)(2)) which is part of a semiconductor manufacturing facility, and (vii) the basis of any semiconductor manufacturing property. . (3) Section 50(a)(2)(E) of such Code is amended by striking or 48C(b)(2) and inserting 48C(b)(2), or 48D(d) . (4) Section 59A(b)(1)(B)(ii) of such Code is amended— (A) in subclause (I), by striking plus , (B) by redesignating subclause (II) as subclause (III), and (C) by inserting after subclause (I) the following: (II) the credit allowed under section 38 for the taxable year which is properly allocable to the portion of the investment credit determined under section 46 that is properly allocable to section 48D(a), plus . (5) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: 48D. Semiconductor manufacturing investment credit. . (d) Effective date (1) In general Except as provided under paragraph (2), the amendments made by this section shall apply to property placed in service after December 31, 2021, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (2) Election for direct payment The amendments made by subsection (b) shall be effective with respect to any election made after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2107is/xml/BILLS-117s2107is.xml |
117-s-2108 | II 117th CONGRESS 1st Session S. 2108 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Wyden (for himself, Mr. Cassidy , Mr. Brown , Ms. Klobuchar , Mr. Sanders , Mr. Leahy , Mr. Merkley , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to eliminate work disincentives for childhood disability beneficiaries.
1. Short title This Act may be cited as the Work Without Worry Act . 2. Elimination of work disincentive for childhood disability beneficiaries (a) In general Section 202(d) of the Social Security Act ( 42 U.S.C. 402(d) ) is amended— (1) in paragraph (1)(B)(ii), by striking is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and and inserting the following: “is under a disability (as defined in section 223(d)), and— (I) the physical or mental impairment (or combination of impairments) that is the basis for the finding of disability began before the child attained the age of 22 (or is of such a type that can reasonably be presumed to have begun before the child attained the age of 22, as determined by the Commissioner), and (II) the impairment or combination of impairments could have been the basis for a finding of disability (without regard to whether the child was actually engaged in substantial gainful activity) before the child attained age 22, and ; and (2) by adding at the end the following new paragraphs: (11) (A) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who— (i) has not attained early retirement age (as defined in section 216(l)(2)); (ii) has filed an application for child's insurance benefits; and (iii) is insured for disability benefits (as determined under section 223(c)(1)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and disability insurance benefits under section 223. (B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who— (i) has attained early retirement age (as defined in section 216(l)(2)); (ii) has filed an application for child's insurance benefits; and (iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). (C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application. (D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined— (i) without regard to the primary insurance amount calculation described section 215(a)(7); and (ii) before application of section 224. (12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child’s insurance benefits is filed. . (b) Effective date The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2108is/xml/BILLS-117s2108is.xml |
117-s-2109 | II 117th CONGRESS 1st Session S. 2109 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit allocations of Special Drawing Rights at the International Monetary Fund for perpetrators of genocide and state sponsors of terrorism without congressional authorization.
1. Short title This Act may be cited as the No Dollars for Dictators Act of 2021 . 2. Findings Congress makes the following findings: (1) The President has agreed to a general allocation of Special Drawing Rights at the International Monetary Fund totaling $650,000,000,000 without consent from Congress. (2) Special Drawing Rights are distributed according to a country’s economic standing in the global economy, allowing the wealthiest countries in the world to receive the most Special Drawing Rights of all members of the International Monetary Fund. (3) The President’s justification for supporting the proposed allocation is to allow low-income countries to exchange their Special Drawing Rights for currency to fund efforts to combat the COVID–19 pandemic. (4) Under the proposed allocation of $650,000,000,000 Special Drawing Rights— (A) Group of Twenty countries, the largest economies in the world, would receive the bulk of the Special Drawing Rights, totaling $426,000,000,000; and (B) only 3 percent, or $21,000,000,000, would be given to the intended recipients, the poorest countries in the world. (5) The President recommends a Special Drawing Rights allocation that sends tens of billions of dollars in aid to dictators, including Xi Jinping, Vladimir Putin, Hassan Rouhani, Bashar al-Assad, and Nicolás Maduro. (6) Under the proposed allocation, the People's Republic of China, a known perpetrator of genocide, stands to receive $22,000,000,000, which is more than the $21,000,000,000 all the poorest countries combined will receive. (7) Countries designated as state sponsors of terrorism would also receive Special Drawing Rights, with $3,500,000,000 going to Iran and $900,000,000 going to Syria. (8) The notion that Special Drawing Rights are a no-cost way to help poor countries procure COVID–19 vaccines is demonstrably false, and further would require the United States to issue debt and pay interest on that debt in order to cover the loans issued through Special Drawing Rights. (9) On March 24, 2021, the Secretary of the Treasury, Janet Yellen, acknowledged that a Special Drawing Rights allocation comes at a cost to the United States taxpayer, as the United States is financially responsible for exchanging United States dollars in return for Special Drawing Rights presented to the United States. (10) It is the duty of Congress to decide how taxpayer dollars are used and whether or not United States dollars should be exchanged for Special Drawing Rights that will be awarded to dictators and countries that actively oppose the national interests of the United States. 3. Prohibition on allocations of Special Drawing Rights at International Monetary Fund for perpetrators of genocide and state sponsors of terrorism without congressional authorization Section 6(b) of the Special Drawing Rights Act ( 22 U.S.C. 286q(b) ) is amended by adding at the end the following: (3) Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States vote to allocate Special Drawing Rights under article XVIII, sections 2 and 3, of the Articles of Agreement of the Fund to a member country of the Fund, if the government of the member country has— (A) committed genocide at any time during the 10-year period ending with the date of the vote; or (B) been determined by the Secretary of State, as of the date of the enactment of the No Dollars for Dictators Act of 2021 , to have repeatedly provided support for acts of international terrorism, for purposes of— (i) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) ); (ii) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (iii) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); or (iv) any other provision of law. . | https://www.govinfo.gov/content/pkg/BILLS-117s2109is/xml/BILLS-117s2109is.xml |
117-s-2110 | II 117th CONGRESS 1st Session S. 2110 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes.
1. Short title This Act may be cited as the Increasing Rural Telehealth Access Act of 2021 . 2. Increasing rural telehealth access (a) Definitions Subsection (a) of section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ) is amended— (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (5), the following: (6) Remote patient monitoring technology The term remote patient monitoring technology means digital technologies used to collect medical and other forms of health data from individuals in one location and electronically transmit such data securely to health care providers in a different location for assessment, recommendations, and interventions. . (b) Programs Subsection (b) of section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ) is amended— (1) by striking The Secretary shall establish, under section 301 and inserting the following: (1) In general The Secretary shall establish, under section 301 ; and (2) by adding at the end the following new paragraph: (2) Virtual health pilot program The Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas. . (c) Grants Subsection (d) of section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ) is amended by adding at the end the following new paragraph: (3) Virtual health network pilot program grants The Director shall, in carrying out the virtual health pilot program referred to in subsection (b)(2), award grants to eligible entities to facilitate utilization of remote patient monitoring technology in rural areas to— (A) maintain or expand access to, and coordinate health care services for, individuals with chronic conditions; (B) improve and expand the training of health care providers using remote patient monitoring technology; and (C) minimize challenges facing health care providers and health care facilities, including rural health clinics, community health centers, community behavioral health centers, long-term care facilities, and rural hospitals, as such providers and facilities serve their communities. . (d) Grant periods Subsection (e) of section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ) is amended— (1) by striking The Director may award grants under this section and inserting the following: (1) Telehealth network and telehealth research center grants The Director may award grants under paragraphs (1) and (2) of subsection (d) ; and (2) by adding at the end the following new paragraph: (2) Virtual health network pilot program grants The Director shall— (A) not later than 30 days after the date of enactment of Increasing Rural Telehealth Access Act of 2021 , issue a notice of the availability of funding through grants under subsection (d)(3); and (B) not later than 90 days after the date of issuance of the notice required by subparagraph (A), award all grants under subsection (d)(3). . (e) Eligible entities Subsection (f) of section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ) is amended by adding at the end the following: (4) Virtual health network pilot program grants To be eligible to receive a grant under subsection (d)(3), an entity shall— (A) meet the requirements of paragraphs (1), (2), and (3) of this subsection that apply to an entity seeking a grant under subsection (d)(1); (B) be located in a rural area; and (C) demonstrate that the entity will provide services using remote patient monitoring technology that is— (i) cellular enabled; (ii) approved, cleared, or authorized by the Food and Drug Administration; and (iii) operable using cellular standards, including 2G and 3G, that offer broad network coverage in rural areas without broadband access, as determined by the Secretary. . (f) Applications Subsection (g) of section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ) is amended— (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and moving the margin of each such redesignated subparagraph 2 ems to the right; (2) by striking To be eligible to receive a grant under subsection (d) and inserting the following: (1) Telehealth network and telehealth research center grants To be eligible to receive a grant under paragraph (1) or (2) of subsection (d) ; and (3) by adding at the end the following new paragraph: (2) Virtual health network pilot program grants To be eligible to receive a grant under subsection (d)(3), an eligible entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require and include in such application— (A) a description of the project that the eligible entity will carry out using the funds provided under the grant; (B) a description of the manner in which the project funded under the grant will meet the health care needs of rural or other populations to be served through the project, or maintain or improve access to services of, and the quality of the services received by, those populations; (C) information on the source and amount of non-Federal funds that the entity will provide for the project; and (D) evidence of intent to provide services using remote patient monitoring technology as described in subsection (f)(4)(C). . (g) Preferences Subsection (h) of section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ) is amended by adding at the end the following new paragraph: (3) Virtual health network pilot program grants In awarding grants under subsection (d)(3), the Secretary shall give preference to any eligible entity that— (A) is able to establish a virtual health program using remote patient monitoring technology within 60 days of receipt of the award; and (B) proposes to use Federal funds made available through such a grant to establish and furnish services using remote patient monitoring technology that provides real time, continuous coaching services. . (h) Use of funds Subsection (j) of section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ) is amended by adding at the end the following new paragraph: (3) Virtual health network pilot program grants The recipient of a grant under subsection (d)(3) may use funds received through such grant for salaries, equipment, and operating or other costs for— (A) developing and delivering services using remote patient monitoring technology that enhance access to community-based health care services in rural areas; (B) developing and acquiring, through lease or purchase, computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other equipment that furthers the objectives of the virtual health pilot program; (C) (i) providing for transmission of medical data, and maintenance of equipment; and (ii) providing for compensation (including travel expenses) of specialists, and referring health care providers, who are providing virtual health services through remote patient monitoring technology if no third-party payment is available; (D) collecting and analyzing usage statistics and data to document the cost-effectiveness of services using remote patient monitoring technology; and (E) carrying out such other activities as are consistent with achieving the objectives of the virtual health pilot program, as determined by the Secretary. . (i) Funding Subsection (q) of section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ) is amended— (1) in the subsection heading, by striking Authorization of appropriations and inserting Funding ; (2) by striking There are authorized to be appropriated to carry out this section and inserting the following: (1) Telehealth network and telehealth research center grants To carry out this section with respect to grants under paragraphs (1) and (2) of subsection (d), there is authorized to be appropriated ; and (3) by adding at the end the following new paragraph: (2) Virtual health network pilot program grants To carry out this section with respect to the virtual health pilot program under subsection (b)(2), including grants under subsection (d)(3), there is authorized to be appropriated $50,000,000, to remain available until expended. . (j) Report Not later than 2 years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2110is/xml/BILLS-117s2110is.xml |
117-s-2111 | II 117th CONGRESS 1st Session S. 2111 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for the waiver of certain telehealth requirements to permit reimbursement for audio-only telehealth services under the Medicare program during emergency declarations.
1. Short title This Act may be cited as the Audio-Only Telehealth for Emergencies Act . 2. Waiver of certain telehealth requirements to permit reimbursement for audio-only telehealth services under the Medicare program during emergency declarations Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in paragraph (1), by striking paragraph (8) and inserting paragraphs (8) and (9) ; and (2) by adding at the end the following new paragraph: (9) Reimbursement for audio-only telehealth services during emergency declarations (A) In general With respect to telehealth services furnished on or after the date of enactment of this paragraph, the Secretary shall waive the requirements of paragraph (1) and section 410.78(a)(3) of title 42, Code of Federal Regulations (or any successor regulation), relating to the use of interactive telecommunications systems to furnish telehealth services, to the extent such provisions require the use of video technology, to allow for the furnishing of telehealth services using audio-only technology, as determined appropriate by the Secretary, with respect to such services furnished in any geographical area in which, and any period during which, there exists— (i) an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or (ii) a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act. (B) Payment parity The Secretary shall provide that any telehealth service furnished using audio-only technology pursuant to a waiver under subparagraph (A) is reimbursed at the same rate at which the service would be reimbursed if furnished in person. . | https://www.govinfo.gov/content/pkg/BILLS-117s2111is/xml/BILLS-117s2111is.xml |
117-s-2112 | II 117th CONGRESS 1st Session S. 2112 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Kennedy 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 and the SUPPORT for Patients and Communities Act to provide for Medicare and Medicaid mental and behavioral health treatment through telehealth.
1. Short title This Act may be cited as the Enhance Access to Support Essential Behavioral Health Services Act or the EASE Behavioral Health Services Act . 2. Findings Congress finds as follows: (1) Nearly 18 percent of adults in the United States reported a mental, behavioral, or emotional disorder in 2015. (2) Children are also significantly impacted. According to the Centers for Disease Control and Prevention, 1 in 6 children ages 2 years through 8 years have a diagnosed mental, behavioral, or developmental disorder, indicating that disorders begin in early childhood and affect lifelong health. (3) Moreover, 1 in 7 children and adolescents have at least one treatable mental health disorder. (4) There is a critical link between mental health and substance use disorders. According to the Substance Abuse and Mental Health Services Administration, 1 in 4 adults with severe mental illness had a substance use disorder in 2017. (5) Moreover, children who have had a major depressive episode are more than twice as likely to use illicit drugs. (6) In 2017, approximately 19.7 million people aged 12 years or older had a substance use disorder related to their use of alcohol or illicit drugs in the past year. (7) Despite this overwhelming need, access to behavioral health services remains among the most pressing health care challenges in our country. (8) An estimated 56 percent of Americans with a mental health disorder did not receive treatment in 2017. (9) Similarly, half of children and adolescents did not receive treatment for their mental health disorder in 2016. (10) Further complicating access to care, as demand for behavioral health services increases in communities across the United States, the number of psychiatrists available to treat them continues to decline. (11) The population of practicing psychiatrists declined by more than 10 percent between the period of 2003 through 2013, while the population of primary care physicians and neurologists grew during the same period. (12) Technology has evolved to connect individuals to health care services in new ways, including via telehealth. (13) Moreover, studies show that video visits are an effective strategy to provide mental health treatment to children and, in fact, may be preferable in some cases. (14) During the 115th Congress, Congress recognized the potential of telehealth to ensure that those in urgent need of substance use disorder treatment receive the care they require. (15) As passed and signed into law, sections 2001 and 1009 of the SUPPORT for Patients and Communities Act ( Public Law 115–271 ) expands the use of telehealth services for the treatment of opioid use disorder and other substance use disorders. (16) It is widely recognized that there is a close relationship between mental health and substance use disorders. 3. Medicare treatment of behavioral health services furnished through telehealth Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in paragraph (4)(C)— (A) in clause (i), by striking and (7) and inserting (7), and (9) ; and (B) in clause (ii)(X)— (i) by striking or telehealth services and inserting , telehealth services ; and (ii) by inserting or telehealth services described in paragraph (9) before the period at the end; and (2) by adding at the end the following new paragraph: (9) Treatment of behavioral health services furnished through telehealth The geographic requirements described in paragraph (4)(C)(i) shall not apply with respect to telehealth services that are behavioral health services furnished on or after January 1, 2022, to eligible telehealth individuals, including initial patient evaluations, follow-up medical management, and other behavioral health services, as determined by the Secretary, at an originating site described in paragraph (4)(C)(ii) (other than an originating site described in subclause (IX) of such paragraph). . 4. Medicaid mental and behavioral health treatment through telehealth Section 1009 of the SUPPORT for Patients and Communities Act ( Public Law 115–271 ) is amended— (1) in subsection (b)— (A) in the header, by striking treatment for substance use disorders and inserting treatment for substance use disorders and mental health disorders and behavioral health disorders ; (B) in the matter preceding paragraph (1), by striking Not later than 1 year after the date of enactment of this Act, the Secretary and inserting The Secretary ; (C) in paragraph (1)— (i) by striking treatment for substance use disorders and inserting treatment for substance use disorders and mental health disorders and behavioral health disorders ; and (ii) by inserting psychotherapy, after counseling, ; (D) in paragraph (2), by inserting or mental health disorders and behavioral health disorders after substance use disorders ; (E) in paragraph (3), by inserting and mental health disorders and behavioral health disorders after substance use disorders ; and (F) by adding at the end, below and after paragraph (3), the following flush left text: The Secretary shall issue the guidance under this subsection not later than 1 year after the date of the enactment of this Act, with respect to the matters described in the previous provisions of this subsection relating to substance use disorders, and not later than 2 years after the date of the enactment of this Act, with respect to the matters described in such previous provisions relating to mental health disorders and behavioral health disorders. ; (2) in subsection (c)— (A) in the header, by striking treatment for substance use disorders and inserting treatment for substance use disorders and mental health disorders and behavioral health disorders ; (B) in paragraph (1), by striking treatment for substance use disorders and inserting treatment for substance use disorders and mental health disorders and behavioral health disorders each place it appears; and (C) in paragraph (2)— (i) by inserting with respect to substance use disorders, after paragraph (1), ; and (ii) by adding at the end the following new sentence: Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), with respect to mental health disorders and behavioral health disorders, together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. ; and (3) in subsection (d)(1)— (A) in the matter preceding subparagraph (A), by inserting and mental health disorders and behavioral health disorders after substance use disorders ; (B) in subparagraph (A), by inserting , and mental health disorders and behavioral health disorders after opioid use disorder ; and (C) in subparagraph (B), by inserting and mental health disorders and behavioral health disorders after substance use disorders . 5. Effective date The amendments made by this Act shall take effect as is included in the enactment of the SUPPORT for Patients and Communities Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2112is/xml/BILLS-117s2112is.xml |
117-s-2113 | II 117th CONGRESS 1st Session S. 2113 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Sasse introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand permissible distributions from an employee's health flexible spending account or health reimbursement arrangement to their health savings account.
1. Short title This Act may be cited as the Qualified Health Savings Account Distribution Act of 2021 . 2. FSA and HRA terminations or conversions to fund HSAs (a) In general Section 106(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Qualified HSA distribution For purposes of this subsection— (A) In general The term qualified HSA distribution means, with respect to any employee, a distribution from a health flexible spending arrangement or health reimbursement arrangement of such employee directly to a health savings account of such employee if— (i) such distribution is made in connection with such employee establishing coverage under a high deductible health plan (as defined in section 223(c)(2)) after a significant period of not having such coverage, and (ii) such arrangement is described in section 223(c)(1)(B)(iii) with respect to the portion of the plan year after such distribution is made. (B) Dollar limitation The aggregate amount of distributions from health flexible spending arrangements and health reimbursement arrangements of any employee which may be treated as qualified HSA distributions in connection with an establishment of coverage described in subparagraph (A)(i) shall not exceed an amount equal to the sum of— (i) the dollar amount in effect under section 125(i)(1) (twice such amount in the case of coverage which is described in section 223(b)(2)(B)), plus (ii) an amount equal to the maximum unused amounts remaining at the end of a plan year in a health flexible spending arrangement which are permitted to be paid or reimbursed to plan participants for qualified medical expenses incurred during the following plan year, as provided in Internal Revenue Service Notice 2013–71 (as in effect on the date of the enactment of the Qualified Health Savings Account Distribution Act of 2021 ). . (b) Conversion to HSA-Compatible arrangement for remainder of plan year Section 223(c)(1)(B)(iii) of such Code is amended to read as follows: (iii) coverage under a health flexible spending arrangement or health reimbursement arrangement for the portion of the plan year after a qualified HSA distribution (as defined in section 106(e)(2), determined without regard to subparagraph (A)(ii) thereof) is made, if the terms of such arrangement which apply for such portion of the plan year are such that, if such terms applied for the entire plan year, then such arrangement would not be taken into account under subparagraph (A)(ii) of this paragraph for such plan year, and . (c) Inclusion of qualified HSA distributions on W–2 (1) In general Section 6051(a) of such Code is amended by striking and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting , and , and by inserting after paragraph (17) the following new paragraph: (18) the amount of any qualified HSA distribution (as defined in section 106(e)(2)) with respect to such employee. . (2) Conforming amendment Section 6051(a)(12) of such Code is amended by inserting (other than any qualified HSA distribution, as defined in section 106(e)(2)) before the comma at the end. (d) Effective date The amendments made by this section shall apply to distributions made after December 31, 2021, in taxable years ending after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s2113is/xml/BILLS-117s2113is.xml |
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